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The North American review. / Volume 26, Issue 58 North-American review and miscellaneous journal University of Northern Iowa Cedar Falls, Iowa, etc. January 1828 0026 058
The North American review. / Volume 26, Issue 58, miscellaneous front pages i-iv

THE NORTH AMERICAN REVIEW. VOL. XXVI. VOL. XVII. BOSTON: FREDERICK T. .GRAY,74 WASHINGTON STREET. 1828. z CAMBUIDGE: IULLIARD, METCALF, AND COMPANy, Printers to the University. CONTENTS OF No. LVIII. ART. PAGE. I. CHIEF JUSTICE MARSHALLS PUBLIC LIFE AND SERVICES. . 1 A History of the Colonies planted by the English on the Continent of America. By John Marshall. II. Noir~ss TRANSLATION OF JOB 40 An Amended Version of the Book of Job, with an Introduction, and Notes chiefly explanatory. By George ft. Noycs. HI. AMERICAN MISSIONARIES AT THE SANDWICH ISLANDS . 59 1. Voyage of His Majestys Ship Blonde to the Sand- wich Islands in the Years 18245. Captain the Right Honorable Lord Byron, Commander. 2. Narrative of a Tour through Hawaii. By William Ellis. 3. Review of the preceding works in the London Quarterly Review. 4. The Rev. C. S. Stewarts Letters on the Sand- wich Islands. IV. HINDU DRAMA 111 Select Specimens of the Theatre of the Hindus. Translated from the Sanscrit, by H. H. Wilson. V. REPUBLIC OF CENTRAL AMERICA 127 1. A Statistical and Commercial History of the King- dom of Guatemala in Spanish America. By D. Juarros. 2. Constitucion de la Rep& blica Federal de Centro- America. 3. Constitucion del Estado del Salvador. 4. Constitucion Politica del Estado de Nicaragua. 5. Mensage del C. M. Jose Arce, Presidente de la Rephblica de Centro-Arn~rica. 6. Discursos de Jose del Valle, en el Congreso Fe- deral de Centro-Am~rica. 7. El Liberal. El Indicador. El Centinela del Sa- vador. Redactor General. CONTENTS. 8. Proyecto de Reforma del Sistema de Hacienda y Ereccion de un Banco Nacional de Centro-Am6rica. 9. Manifiestos y Decretos del Gefe del Estado de Guatemala y del Presidente de Centro-Am6rica. VI. BOWRINGS POETRY AND LITERATURE OF POLAND . . . 146 Specimens of the Polish Poets; with Notes and Obser- vations on the Literature of Poland. By John Bowring. VII. DEBATES IN CONGRESS 158 Speeches in Congress, as published in the News- papers. VIII. Dr~ STAELS LETTERS ON ENGLAND . 163 Lettres sur lAngleterre, par le Baron de Stacl-Hol- stein. IX. AMERICAN ANNUAL REGISTER . 197 The American Annual Register, for the Year 18256. X. FINE ARTS . 207 Academies of Arts; a Discourse delivered before the National Academy of Design. By S. F. B. Morse. XI. RIEDESELS LETTERS AND MEMO[Rs . . . . . . . 224 Letters and Memoirs relating to the War of American Independence, and the Capture of the German Troops at Saratoga. By Madame de Riedesel. XII. DANAS POEMS . . . 239 Poems; by Richard H. Dana. XIII. CADALSOS MOORISH LETTERS . . 248 Cartas Marruecas y Poesias Selectas; por el Coronel Don Jose Cadalso. XIV. THE TALISMAN . 258 The Talisman for MDCCCXXVIII. XV. CRITICAL NOTICE 274 Primary Books in the Study of Latin. QUARTERLY LIST OF NEW PUBLICATIONS . . . . . 277

Chief Justice Marshall's Public Life and Services 1-40

,- / NORTH AMERICAN REVIEW. No. LVIII. NEW SERiES, NO. XXXIII. JAXUARY~ 1828. ART. I..il History of the Colonies planted by the English on the Continent of North .dmerica, from their Settlement to the Commencement o that War which terminated in their Independence. By JOHN MARSHALL. Philadelphia. Abra- ham Small. pp. 486. TWENTY-THREE years have elapsed, since the work standing at the head of this article was given to the public by its distin- guished author. It was originally prefixed to his Life of Gen- eral Washington, as an Introduction necessary to the full un- derstanding of the events of the revolution. It is now detached from that highly valuable work, the merits of which we hope, at some futur~e period, to bring in an ample manner before our readers, if indeed there be any to whom they are unknown, and it is again presented to the public in the form of a distinct history of the colonies, adapted for an independent circulation. We entirely approve of the plan of origiiially annexing it to the Life of Washington; and we equally approve of its present sep- aration in the manner adopted by the author, and for the rea- sons, which he assigns. A general knowledge of the antecedent history of the colonies is indispensable, for a correct understand- ing of the history of the revolution, whether it be read for edifi- cation, or for the mere amusement of idle hours. VOL. xxvi. No. 58. 1 2 Chief Justice Marshalls [Jan. The character of the colonists themselves, their origin, pro- gress, and governments, their local disputes and controversies, their constant struggles against the claims of the crown and its agents, the early assertion of thei~r rights and privileges, the structure of their institutions, the boldness and freedom of their opinions upon political subjects, their manners, habits, and pursuits, their exertions and services in the wars, in which the mother country was involved, their sacrifices in defence of their settlements, their splendid, though often unrequited labors for the advancement of English glory and English power, must all be thoroughly studied before any stranger~ & ~an comprehend the nature or the causes of the revolution. It will otherwise remain a profound mystery, how a little tax upon tea should have kindled a general indignation; or how the assertion of a right by the British Parliament t6 tax us without representation, urg- ed almost as an abstract theory, with scarcely any practical oppression, should have brought on a contest with thirteen colo- nies, having separate interests and objects, and united them at once in a common warfare for life, liberty, and independence. The author himself has, however, so well explained his m6tives for the undertaking in a preface, written with so much clear- ness and simplicity, that we willingly transcribe it into our pages, as a Par n1~e s~ii~factory vindication, than any, which we could presume, to offer. So large a portion of the life of General Washington was de- voted to the public, so elevated and important were the stations which he filled, that the history of his life is, at the same time, the history of his nation. The part he took, while commander in chieg in the civil as well as military affairs of the United states, was so considerable, that few events of general interest occurred, which were not, in some degree, influenced by him. A detail of the transactions in which he was either immediately or remotely concerned, would comprehend so great a part of those, which belong to general his- tory, that the entire exclusion of the few, in which he bore no part, while it would scarcely give to the work more of the pecu- liar character of biography, would expose it to the charge of being an incomplete history of the times. His administration of the government, while President of the United States, cannot be well understood without a full knowledge of the political measures of the day, and of the ~iotives by which his own conduct was regulated. These considerations appeared to require, that his biography i$28.] History of tk~ ./lmericau Co4rnier. 3 sho~Id presait a general histori~aI view of the tra~nsactions of the time, as well as a particular narrative of die part performed by himself. Our ideas of America, of the character of our revolution, of those who engaged in it, and of the struggles by which it was accom- plished, would be imperfect without some knowledge of our colo- nial history. No work had been published, when this was undertak- en, from which that knowledge could be collected. To have taken up the history of the United States, when the command of the army was conferred on General Washington, would have been to introduce the reader abruptly into the midst of scenes and trans- actions, with the causes of which, and with the actors in them, he would naturally wish to be intimately acquainted. This was the apology of the author for the introductory volume to the Life General Washington. Had the essays since written towards a general history of the English colonies been then in posses- sion of the public, this volume would not have appeared. But, al- though they might have prevented its appearance, they ought not to prevent its being corrected and offered to the public in a form less exceptionable, than that which it originally bore. From the extreme, I may add unpardonable, precipitation with which it was hurried to the press, many errors were overlooked, which, on a perusal of the book, were as apparent to the author as to others. lie was desirous of correcting these errors, and of making the work more worthy of the public, to which it was offered, as xvell as more satisfactory to himself. For this purpose he has given it, since the impressions, under which it was compiled, have worn off, more than one attentive reading; has made several alterations in the language; and has expunged much of the less essential mat- ter, with which the narrative was burthened. He dares not flatter himself, that he has succeeded completely in his attempt to enti- tle this work to the approbation of the literary public of America; but hopes that its claims to that approbation are stronger than in its original form. Believing that motives no longer exist for connecting the His- tory of the English Colonies in North America with the Life of Washington, the author has obtained permission of the proprietor of the copyright to separate the Introduction from the other vol- umes, and to publish it as a distinct work. The task of revision, thus modestly announced, has been performed with scrupulous care, and with some severity~ of judgment on the part of the learned author. He has obvious- ly gone over the work with a keen and searching eye, and has given it the benefit of the corrections furnished by his most mature review. He has submitted it to a compression rare 4 CAief Justice Marskall1s [Jan. among authors, and instead of increasing its size, he has exer- cised a praiseworthy diligence in condensing the contents into the smallest space. The introduction to the Life of Washing- ton extended over a space of seven hundred and twentytwo pages, occupying a volume and a half. In its revised form it is now moulded into a single volume, of four hundred and fiftyseven pages of the same size. Before entering farther upon any consideration of the nature, importance, or execution of the work, we must be allowed to indulge ouselves in withdrawing for a short time the attention of our readers from the book to the man. In short, we wish to present them with a sketch of his life and public services, and refresh ourselves and them with the contemplation of a charac- ter, in which there is nothing of inconsistency to regret, and much, very much, to incite to laudable ambition. In so doing we trust, that we shall gratify many of our readers. The young cannot be presumed to have an intimate knowledge of the la- bors and services of their fathers; and the aged may revive some scenes of departed time, and retrace with pleasure some faded reminiscences, by gathering up the fragments of the in- teresting life of a contemporary. The period has not yet ar- rived, in which we may venture to draw aside the veil, which conceals from the public gaze those personal traits and anec- dotes, those warm touches of taste and character, those instan- ces of familiar kindness, of elegant simplicity, and of attractive virtue, which belong to the biography of the great and good, when the grave has quietly closed over them. We hope, that the period is distant, is far distant, which shall demand from some kindred mind the performance of such solemn and affecting obsequies. The exclamation of the poet will now find a cor- responding response, serus in~ ca3lurn redeas, undebased by the slightest admixture of flattery. But though we may not invade the privacy of domestic and social life, we deem ourselves at liberty to deal with the public acts and character of such a man, for they beloi~g to the rec- ords and fame of his country. They have already become a part of our history, and are interwoven with some of the proud- est events in our annals. The venerable age, too, of Mr Mar- shall, while it equally removes from us and him every other wish, than to close his life in the performance of the duties of his present office, imparts to every thought somewhat of the sobriety and softened charm, which belong to the memory of 5 1828.] Public Ljfe and Services. those, whose career is already finished. We view him ts al-. most on the confines of a past age, and as the connecting links which binds us to our revolutionary statesmen and heroes. If therefore our sketch be, as it must necessarily be, imperfect, we trust it will not be unacceptable to those, who contemplate the struggles of the past with lofty sensibility, or look to our future glory with honest pride, as settled on the immoveable and broad foundations of the union. Mr Chief Justice Marshall is the son of the late Colonel Thomas Marshall, and was born on the 24th of September, 1755, in Fauquier, then one of the frontier counties of the state of Virginia. He is the eldest of fifteen children, of whom seven are now living; and we have often heard it repeated by those, who were well acquainted with the family~ that all the chil- dren, the females as well as the males, possessed superior in- tellectual endowments. His father was a planter of a very small fortune, and had received a limited education. Nature, however, had been very bountiful to him. His talents were of a high order, and he assiduously cultivated and improved them, so that he maintained through life the reputation of be- ing an extraordinary man. No father ever possessed more un- boundedly the admiration and reverence of his children. We have often listened with delight to the tribute of praise bestow- ed on him by filial affection, and heard the declaration from the lips of one of his most gifted sons, that his father was an abler man than any of his children. In the local position of the family, almost upon the frontier settlements, it was of course, that the early education of his children should devolve upon its head. Colonel Marshall sa- perintended the studies of his son, and gave him an early and decided taste for history and poetry. At the age of twelve, John had transcribed Popes Essay on Man, and also some of his moral essays. The love for poetry, thus awakened in his warm and vigorous mind, has never ceased to exert over it a commanding influence. Unless we are greatly misinformed, the enthusiasm of his youth often engaged him in the gay imag- inings and fond indulgences of the muse; and throughout everyj period of his life, he has read with intense interest the lightei~ as well as the loftier productions of the divine art. The con- trast, indeed, is somewhat singular between that close reason- ing, which almost rejects the aid of ornament in his juridical labors, and that generous taste, which devotes itself with delight to the works of fiction and song. 6 Chief Justice Marsisalls (Jan. There being at that time no grammar school in the part of the country, where Colonel Marshall resided, his son was sent, at the age of fourteen, about a hundred miles from home, and placed under the tuition of -a Mr Campbell, a clergyman of great respectabiJity. He remained with him a year, and then returned home, and was put under the care of a Scotch gen- tleman, who was just introduced into the parish, as pastor, and resided in his fathers family. He pursued his classical studies under this gentlemans direction, while he remained in the fain.. ily, which was about a year, and at the termination of it he had commenced reading Horace and Livy. His subsequent mastery of the classics was the result of his own efforts, without any other aid than his grammar and dictionary. He never had the benefit of an education at any college, and his attain- ments in learning have been nursed by the solitary vigils of his own genius. His father, however, continued to superintend his English education, to cherish his love of knowledge, to give a solid cast to his acquirements, and to store his mind with the most valuable materials. He was not merely a watchful pa- rent, but an instructive and affectionate friend, and soon be- came the most constant, as he was almost the only intelligent companion ef his son. The time not devoted to his society was passed in hardy athletic exercises, and probably to this circumstance is owing that robust constitution, which yet seems fresh and firm in a green old age. About the time when young Marshall entered his eighteenth year, the controversy between-great Britain and her American colonies began to assume a portentous aspect, and engaged, and indeed absorbed, the attention of all the colonists, whether they were young, or old, in private and secluded life, -or in political and public bodies. He entered into it with all the zeal and enthusiasm of a youth, full of love for his country and liberty, and deeply-sensible of its rights and its wrongs. He de- voted much time to acquiring the first rudiments of military exercise in a voluntary independent company, composed of gentlemen of the county, to training a militia company in the ~ighborhood, and to reading the political essays of the day. or ese animating pursuits, the preludes of public resistance, he was quite content to relinquish the classics, and the less inviting,- but with reference to his -future destiny,4he more profitable Commentaries -of Sir William Blackstone. In the summer of 1775, he received an -appointment -as -first 1928.] Public L~~fe and Sereiees. 7 lieutenant, in a company of minute-.men enrolled for actual ser- vice, who were assembled in battalion on the first of the ensu- ing September~ In a few days they were ordered to march into the lower country, for the purpose of defending it against a small regular and predatory force commanded by lord Dun- more. They constituted part of the troops destined for the relief of Norfolk; and Lieutenant Marshall was engaged in the battle of the Great Bridge, where the British troops, under Lord Dunmore, were repulsed with great gallantry and firmness. The way being thus opened by the retreat of the British, he marched with the provincials to Norfolk, and was present when that city was set on fire by a detachment from the British ships, then lying in the river, and afterwards when the remaining houses were burnt by orders from the committee of safety, and the place evacuated. In July, 1776, he was appointed first lieutenant in the eleventh Virginia regiment on the continental establishment; and in the course of the succeeding winter, he marched to the north, where, in May, 1777, he was promoted to the rank of captam~ He was subsequently engaged in the skirmish at Iron Hill with the light infantry, and fought in the memorable battles of Bran- dywine, Germantown, and Monmouth. That part of the Virginia line, which was not ordered to Charleston (S. C.), being in effect dissolved by the expirationof the term of enlistment of the soldiers, the officers (among whom was Captain Marshall) were, iii the winter of 177980, directed to return home, in order to take charge of such men as the state legislature should raise for them. It was during this season of inaction, that he availed himself of the opportunity of attending a course of law lectures given by Mr Wythe, afterwards chan.. cellor of the state, and a course of lectures on natural philos.. ophy, given by Mr Madison, President of William and Mary College in Virginia. He left this College in the summer va- cation of 1780, and obtained a license to practise law. In October he returned to the army, and continued in service tin- til the termination of Arnolds invasion. After this period, and before the invasion of Phillips, in February, 1781, there being a redundancy of officers in the Virginia line, he ~resigned his commission. This redundancy of officers was the leading motive for his resignation, since it left him at liberty, consistently with the most scrupulons devotion to his country, to xionsult his own 8 Ghief Justice Marshalls [Jan. future prospects in life, and to favor the advancement of his companions in arms. In fact, however, he may be said to have been in service during the whole war, and to have had an am- pie share in the brunt of battle, and in the difficulties, dis- couragements, and sufferings, with which the American army was surrounded in the most gloomy of its campaigns. That he served with great distinction, and was equally remarkable for courage, intelligence, and activity, is attested by many of his fellow officers, with whom he was then, and has ever since continued to be, a favorite. We cannot refrain from insert- ing a paragraph on this subject, copied from a recent publica- tion, as the testimony of an eye-witness.-- When the writer of this article first saw him, says the sketch, he held the com- mission of captain in that regiment (meaning the regiment on the continental establishment, commanded by his father, Colonel Marshall). It was in the trying, severe winter of 17778, a few months after the disastrous battles of Brandywine and Germantown had tested his firmness, hardihood, and heroism. The spot, where we acquired our earliest information of him, was the famous hutted encampment at Valley Forge, about thirty miles from Philadelphia. By his appearance then, we supposed him about twentytwo or twentythree years of age. Even so early in life, we recollect, that he appeared to us pri- mus inter pares, for amidst the many commissioned officers he was discriminated for superior intelligence. Our informant, Colonel Ball, of another regiment in the same line, represented him as a young man, not only brave, but signally intelligent. Indeed, all those, who intimately knew him, affirmed, that his capacity was held in such estimation by many of his brother officers, that in many disputes of a certain descriptiou he was constantly chosen arbiter; and that officers, irritated by differ- ences or animated by debate, often submitted the contested points to his judgment, which being given in writing, and ac- companied, as it commonly was, by sound reasons in support of his decision, obtained general acquiescence. Such is the testimony of a contemporary, and we have no doubt of its en- tire correctness. During the invasion of Virginia, the courts of law were sus- pended, and were not re6pened until after the capitulation of Lord Oornwallis. Immediately after that event Mr Marshall commenced the practice of law, and soon rose into distinction at the bar. We believe, that he has been accustomed to attribute 18281 Public Life and Services. his early advancement, and lucrative practice to his extensive acquaintance among the officers of the army, the termination of hostilities having returned them to their families, and scat- tered them widely over his native state. We have no doubt that the Virginia officers took a deep interest in his favor; and the fact is honorable to their discernment, and a strong proof of his excellent qualities. And it is not improbable, that his success may have been somewhat aided by their commenda- tion and support. But in our judgment his success was mainly owing to his own great talents and exertions. He was strictly the founder of his own fortune, in the sense of Cicero ipse conditor totius negotii; and the solid superstructure of his fame then rested, and now rests on the deep foundations of his own mind. In the spring of 1782, he was elected a member of the state legislature, and in the autumn of the same year he was elected a member of the executive council. In January 1783, he married Miss Ambler, the daughter of a gentleman, who was then treasurer of the state, and to whom he had become attached before he left the army. This lady is still living to partake and to enjoy the distinguished honors of her husband. In 1784, he resigned his seat at the council board, in order to return to the bar; and he was immediately afterwards again elected a meinber of the legislature for the county of Fauqiiier, of which he was then ouly nominally an inhabitant, his actual residence being, as a member of the council, at Richmond. In 1787, he was elected a member from the county of Henri- co, of which Richmond is the shire town; and though at that time earnestly engaged in the duties of his profession, he em- barked largely in the political questions, which then agitated the state, and indeed the whole confederacy. Every person at all read in our domestic history must re- collect the dangers and difficulties of those days. The terma~ nation of the revolutionary war left the country drained of mon- ey, and impoverished and exhausted by its expenditures. and the national finances at a low state of depression. The powers of Congress under the confederation, which, even during the war, were often prostrated by the neglect of a single state to en- force them, became in the ensuing peace utterly relaxed and inefficient. Indeed, it was easy to foresee, if daily experience did not render all prophecy unnecessary, that since Congress could, under the confederation, act only by requisitions on thu VOL. XXVLNO. 58. 2 10 Chief Justice Marshall~s Jan~ states, these requisitions could be no more than recommenda- tions, and these recommendations could be perpetually disre- garded by the states from self-interest, local jealousy, or pop- ular prejudice. Even the wretched expedient of clothing Congress with the power of laying an impost of five per cent., to provide for the discharge of the public debts and engagements, was defeated by the obstinate refusal of a single state. So that, in fact, there was a virtual dissolution of the confederation, and Congress was left at once powerless and moneyless, without influence and without support. Requisitions, says General Washington, in a letter written to Mr-Jay in P786, re a perf6ct nullity, where thirteen independent, disunited states are in the habit of discussing and r& fusing, or complying with theni at their option. Requisitions are actually little better than a jest, and a hy-word throughout the land. If you tell the legislatures they have violated the treaty of peace, and invaded the pre- rogatives of the confederacy, they will laugh in your face. Whatthen is to be done? Things cannot go on in the same train for ever. It is much to he feared, as you observe, that the better kind of people, being disgusted with these circumstances, will have their minds prepared for any revolution whatever. We are apt to run from one extreme into another. To anticipate and prevent disastrous cbntingencies would he the part of wis- dom and patriotism. Wise and just as these reflections are, the father of his country felt, that they. could have even from him very little influence. In the same letter he adds, nor could it be expected, that my sentiments and opinions would have much weight on the minds of my countrymen. They have been neglected, though given as a last legacy in the most solemn manner, [alluding to his circular to the governors of the states, when he was about resigning the command of the artny.] I had then perhaps some claims to public attention. I consider myself as having none at present. Such was the melancholy foreboding of the late commander-in- chief, in respect to the country, which he had saved by his valor. In the mean time the universal poverty and distress spread dismay and dissatisfaction throughout the Union. Credit, private as well as public, was destroyed. Agriculture and commerce were crip- pled. The delicate relation of debtor and creditor became daily more and more embarrassed and embarrassing; and, as is usual upon such occasions, every sort of expedient was re- sorted to by popular leaders, as well as by men of desperate 18~8.] Public .Lj/e and Services. 121 fortunes, to inflame the public mind, and to bring into odium those, who labored to preserve the public faith, and establish a more energetic government. The whole country was soon divided into two great parties, the one of which endeavored to put an end to the public evils by the establishment of a gov- eminent over the Union, which should be adequate to all its exigencies, and act directly on the people; the other was de- voted to state authority, jealous of all federal influence, and de7 termined at every hazard to resist its constitutional increase. And notwithstanding the elaborate discussions in the general and state conventions, the powerful appeals of our wisest patri- ots and statesmen through the press and in private circles, and the general consciousness of our perilous situation, it is, after all, a problem more than doubtful, whether the national consti- tutio~ would ever have been adopted, if Shayss rebellion in Massachusetts had not, by its sudden and alarming terrors, taught us, that we were already, not on the brink, but in the midst of a civil war,a war, waged by licentious or distressed men against property and government of every sort,a war, whose object it was to overthrow the administration of public justice, and to annul those laws, which guard the sacredness of private contracts. It is almost unnecessary to say, that Mr Marshall could not remain an idle or indifferent spectator of such scenes. As lit- tle doubt could there be of the part he would take in such a contest. He was at once arrayed on the side of Washingtoi~ and Madison. In Virginia, as everywhere else, the principal topics of the day were paper money, the collection of taxes, the preservation of public faith, and the administration of civil justice. The ~parties were nearly equally divided upon all these topics; and the contest concerning them was continually renewed. In such a state of things, every victory was but a temporary and questionable triumph, and every defeat still left enough of hope to excite to new and strenuous exertions. The affairs, too, of the confederacy were then at a crisis. The question of the continuance of the Union, or a separation of the states, was freely discussed; and, what is almost startling now to repeat, either side of it was maintained without reproach. Mr Madison was at this time, and had been for two or three years, a member of the House of Delegates, and was in fact the author of the resolution for the general convention at Phi1~- adelphia to revise the confederation. He was at all times the 12 Chief Justice Marshalls [Jan. enlightened advocate of union, and of an efficient federal gov- ernment, and he received on all occasions the steady support of Mr Marshall. We have often witnessed, with no ordinary emotions, the pleasure, with which both of these gentlemen look back upon their codperation at that period, and the sentiments of profound respect, with which they habitually regard each other. Both of them were members of the convention, subsequent- ly called in Virginia, for the ratification of the federal consti- tution. This instrument, having come forth under the auspi- ces of General Washington and other distinguished patriots of the Revolution, was at first favorably received in Virginia. But it soon encountered the decided hostility of Mr Patrick Henry, Nr George Mason, and several other gentlemen of great in- fluence, who, xvith a zeal and ability worthy of a better cause, labored to disparage it, and succeeded to a high degree in exciting the prejudices of the people against it. In the legis... lature of Virginia it soon gave rise to very animated debates, and before the close of the session, preceding the convention, the enemies of the constitution had, by their unceasing efforts, spread disaffection and hostility to it in every direction. Its defence was uniformly and most powerfully maintained there. by Mr Marshall. The debates of the Virginia convention are in print. But we have been assured by the highest authority, that the printed volume -affords but a very feeble and faint sketch of the actual debates on that occasion, or of the vigor, with which every attack was urged, arid every onset repelled against the constitution. The best talents of the state were engaged in the controversy~ Against the constitution were arrayed the captivating and pop- ular eloquence of Henry, the grave sense of Mason, and the energetic zeal of Grayson. in its support were enlisted the venerable wisdom of Pejidleton, the accomplished elegance of Randolph, the steady perseverance of Nicholas, the close and comprehensive logic of Marshall, and the unwearied diligence and inexhaustible knowledge of Madison. The principal de- bates were conducted by Henry and Madison, as leaders. But on three great occasions, namely, the debates on the power of tax- ation, the power over the militia, and the power of the judiciary. Mr Marshall gave free scope to his genius, and argued with a most commanding ability. We can trace, even through the dim lights reflected in the printed speeches, many of those sa~ 1828.j Public Ljfe and Services-h 13 gacions and statesmenlike views, which have characterized his subsequent life. We see there the germs of those great con- stitutional principles, which he has since so largely contributed to establish, and which, if any thing can, will give immortality to this great instrument of. our national liberties. Take, for instance, the following extract from his speech on the power of taxation. Let me pay attention to the observation of the gentleman, who was last up, that the power of taxation ought not to be given to congress. This subject rcqnires the undivided attention of this house. This power 1 think essentially necessary, for without it there will be no efficiency in the government. We have had a sufficient demonstration of the vanity of depending on requisitions. how then can the general government exist without this power I The possibility of its being abused is urged, as an argument against its expediency. To very little purpose did Virginia discover the defects in the old systemto little purpose indeed did she propose improvementsand to no purpose is this plan constructed for the promotion of our happiness, if we refuse it now, because it is pos- sible, that it may be abused. The confederation has nominal pow- ers, but no means to carry them into effect. If a system of gov- ernment were devised by more than human intelligence, it would not be effectual, if the means were not adequate to the power. All delegated powers are liable to be abused. Arguments drawn from this source go in direct opposition to every governnient, and in recommendation of anarchy. The friends of the constitu- tion are as tenacious of liberty, as its enemies. They wish to to give no power, that will endanger it. They wish to give the government powers to secure and protect it. Our inquiry here must be, whether the power of taxation be necessary to perform the objects of the constitution, and whether it be safe and as well guarded as human wisdom can do it. What are the objects of the national government? To protect the United States, and to pro- mote the general walfare. Protection in time of war is one of its principal objects. lJntil mankind shall cease to have ambition and avarice, wars will arise. The prosperity and happiness of the people depend on the performance of these great and import- ant duties of the general government. Can these dutie~ be per- formed by one state? Can one state protect us, and promote our happiness? The honorable gentlemen, who has gone before me (Governor Randolph), has shown, that Virginia cannot do these things. How then can they be done? By the national govern- ment only. Shall we refuse to give it power to do them? We are answered, that the powers may be abused; that though the 14 Chief Justice Marshalls [Jan. congress may promote our happiness, yet they may prostitute their powers to destroy our liberties. This goes to the destruction of all confidence in agents. Would you believe that men, who had merited your highest confidence, would deceive you? Would you trust them again after one deception? Why then hesitate to trust the general government? The object of our inquiry isis the power necessaryand is it guarded? There must be men and money to protect us flow are armies to be raised? Must we not have money for that purpose? But the honorable gentleman says, that we need not be afraid of war. Look at history, which has been so often quoted. Look at the great volume of human nature. They will foretell you, that a defenceless country cannot be secure. The nature of man forbids us to conclude, that we are in no danger from war. The passions of men stimulate them to avail themselves of the weakness of others. The powers of Europe are jealous of us. It is our interest to watch their con- duct, anfi guard against them. They must be pleased with our dis- union. If we invite theni by our weakness to attack us, will they not do it? If we add debility to our pre4ent situation, a partition of America may take place. It is then necessary to give the gov- ernment that power in time of peace, which the necessities of war will render indispensable, or else we shall be attacked unpre- pared. The expecience of the world, a knowledge of human na- ture, and our own particular experience, will confirm this truth. When danger will come upon us, may we not do what we were on the point of doing once already, that is, appoint ~ djctator I Were those, who are now friends of this constitution, less active in the defence of liberty on that trying occasion, than those, who oppose it? When foreign dangers come, may not the fear of im- mediate destr~iction by foreign enemies impel us to take a most Alangerous step? Where then will be our safety? We may now regulate and frame a plan, that will enable us to repel attacks, and render a recurrence to dangerous expedients unnecessary. If we be prepared to defend ourselves, there will be little inducement fo attack us. But if we defer giving the necessary power to the general government, till the moment of danger arrives, we shall give it then, and with an unsparing hand. America, like other nations, may be exposed to war. The propriety of giving this power will be proved by the history of the world, and particular- ~y of modern republics. I defy you to produce a single instance, where requisition~ on the several individual states, composing the confederacy, have been honestly complied with. Did gentlemen expect to see such punctually complied with in America. If they did, our own experience shows the contrary. pp. 166, 167. And again, from his speech on the militia. 1828.] Public Life and Services. 15 Mr John ~Iarsha11 asked if gentlemen were serious, when they asserted, that if the state governments had power to interfere with the militia, it was by implication ? If they were, he asked the committee, whether the least attention would not show, that they were mistaken? The state governments did not derive their powers from the general government. But each governm~nt derived its powers from the people; and each was to aht accord~ ing to the powers given it. Would any gentleman deny this 1 lie demanded if powers, not given, were retained by implication? Could any man say so? Could any man say, that this power waS not retained by the states, as they had not given it away? For, says he, does not a power remain till it is given away? The state leg- islatures had power 40 command and govern their militia before, and have it still, undeniably, tinless there be something in this constitution, that takes it away. For continental purposes, con~ gress may call forth the militia, as to suppress insurrectiotis and repel invasions. But the poWer given to the states by the people is not taken away; for the constitutioh does not say so. In the confede- ration, congress had this power. But the state legislatures had it also. The power of legislation, given them within the ten miles square, is exclusive of the states, because it is etpressed to be exclusive. The truth is, that when power is given to the general legislature, if it was in the state legislatures before, both shall exercise it; unless there be an incimpatibility in the exercise by one, to that by the other; or negative words precludint the state governments from it. But there are no negative words here. It rests there- fore with the states. To me it appears then unquestionable, that the state governments cah call forth the militia, in case thecorastitu~~ lion should be adopted, in the same manner, as they could have done before its adoption. Gentlemen have said, that the states can~ not defend themselves without an application to congress, because congress can interpose! Does not every man feel a refutation of the arguments in his own breast 1 1 will show, that there could not be a combination between those who formed the constitution, to take away this power. All the restraints intended to be laid on the state governments j~besides where an exclusive power is expressly given to Congress) are contained in the tenth section of the first arti- cle. This power is not included in the restrictions in that section. But what excludes every possibility of doubt, is the last part of it; that no state shall engage in war, unless actually invaded, or in sue/i imminent danger, as will not admit of delay. When in.. vaded, they can engage in war; as also when in imminent dan- ger. This clearly proves, that the states can use the militia, when they find it necessary. The worthy member last up objects to the continental government possessing the power of disciplining 16 Okief Justice Marshalls [Jam. the militia, because, though all its branches be derived from the people, he says, they will form an aristocratic government, unsafe and unfit to be trusted. Mr Grayson answered, that he only said it was so constructed1 as to form a great aristocratic body. Mr Mars/tall replied, that he was not certain whether he un~ derstood him; but he thought he had said so. He conceived, that as the government was drawn from the people, the feelings and interests of the people would be attended to, and that we should be safe in granting th~nn power to regulate the militia. When the government is drawn from the people, continued Mr Marshall, and depending on the people for its continuance, oppressive measures will not he attempted, as they will certainly draw on their authors the resentment of those on whom they depend. On this government, thus depending on ourselves for its existence, I will rest my safety, notwithstanding the danger de- picted by the honorable gentleman. I cannot help being sur- prised, that the worthy member thought this power so dangerous. What government is able to protect you in time of war? Will any state depend on its own exertions? The consequence of such dependence and withholding this power from Congress will be, that state will fail after state, and be a sacrifice to the want of power in the general government. United we are strong, divided we fall. Will you prevent the general government from drawing the militia of one state to another, when the consequence would be, that every state must depend on itself? The enemy, possess.. ing the water, can go quickly from one state to another. No state will spare to another its militia, which it conceives necessa~ ry for itself. It requires a superintending power, in order to call forth the resources of all to protect all. If this be not done, each state will fall a sacrifice. This system merits the highest applause in this respect. pp. 297299. It is very difficult for the present generation to conceive the magnitude of the dangers, to which we were then exposed, or to realize the extent of the obstacles, which were opposed to the adoption of the constitution. Notwithstanding all the suf.- ferings of the people, the acknowledged inibecility of the gov eminent, and the almost desperate state of our public affairs, there were men of high character1 and patriots too, who clung to the old confederation with an enthusiastic attachment, and saw in the grant of any new powers, indeed of any powers to a national government, nothing but oppression and tyranny, slavery of the people and destruction of the state governments on the one hand, and universal despotism and overwhelming 17 1828.1 rublic Ljfe and Services7 taxation on the other. Time, the great umpire and final judge of these questions, has indeed now abundantly shown, how vain were the fears, and how unsound the principles of the oppo- nents of the constitution. The prophecies of its friends have been abundantly fulfilled in the growth and solid prosperity of their country, far indeed beyond their most sanguine expecta- tions. But our gratitude can never be too warm to those em- inent men, who stemmed the torrent of public prejudice, and with a wisdom and prudence, almost surpassing human power, laid the foundations of that government, which saved us at the hour, whenwe were ready to perish. After twentyfive days of ardent and eloquent discussion, to which justice never has been, and never can now be done, (during which nine states adopted the constitution) the question was carried in its favor in the convention of Virginia by a majority of ten votes only. Mr Henry lived long enough to acknowledge in its practical ope- rations the sincerest pleasure, to admit his own mistakes, and to give it his sincere support. But such has not been the general result of the contest in Virginia. On the contrary, the principles then avowed by the ppposition, and maintained with so much zeal, have sunk deep into the minds of those, who have since guided her public councils. And it may now be said without the suspicion of political reproach, that Virginia has throughout almost all the intermediate period controverted the powers of the general government with unceasing vigilance, and stood forth the steady and jealous advocate, of atate rights. To those, indeed, who are well acquainted with the political feelings in Virginia at the period, of which we have been speak- ing, it may be matter of surprise, that Mr Marshall was return- ed a member of the convention, for the county in which he resided was then (to use the language, which distinguished the parties) decidedly antifederal. But party spirit had not become so bitter and unrelenting, as to extinguish the courtesies of pri- vate life, or to overcome those strong affections, which public services, ardent patriotism, and high talents naturally excite In several of the counties most opposed to the constitution, individuals of commanding influence and character, who were its known advocates, were chosen delegates from mere person- al motives and attachments. The adoption of the constitution of the United States having been thus secured, Mr Marshall immediately formdd the deter- mination to relinquish public life, and to devote himself to the voL. xxvi. NO. 58. 3 Chief Justice MarshaiPs 18 [Jan. arduous duties of his profession. To this determination he was led by very pressing considerations. His fortune was not yet made; his practice had become extensive; his sacrifices had already been considerable. To maintain a high standing in the legislature, proportionate to his talents and character, would require so much time, that it would essentially trench upon other pursuits. To yield up his profession as a seconda- ry object, would be to subject himself to a voluntary depen- dence for life. His friends were exceedingly anxious, that he should be a candidate for Congress, so that he might assist in the first organization of the government. And notwithstand. ing the district was antifederal, such was his personal populari- ty, that no doubt existed of his success. He listened, howev- er, to the dictates of prudence, and voluntarily retired from a station, where a~i honorable ambition, like his, could not have failed to have reaped an ample reward of fame. A man of his eminence could however with Very great diffi- culty adhere rigidly to his original resolve. The state legislature having, in December 1788, passed an act allowing a represen- tative to the city of Richmond, Mr Marshall was almost unan- imously invited to become a candidate. No doubt could exist in respect to his return, for the city was federal. With con- siderable rehictance he yielded to the public wishes, being prin- cipally influenced in his acceptance of the station by the in- creasing hostility manifested in the state against the national gov- ernment, and his own anxious desire to give the latter his decided and public support. He continued in the legislature, as a repre- sentativeofRichniond for the years 1789, 1790, and 1791. Dur- ing this period every important measure of the national govern- ment was discussed in the state legislature with great freedom and no inconsiderable acrimony. In particular, the funding sys- tem was attacked and censured in strong terms, and that part of it especially, which assumed the state debts, was pronounced unconstitutional. Thus early did Virginia avow the doctrines, which have so distinctly marked her subsequent course, and insist upon the closest abridgment of the national powers. On these occasions Mr Marshall vindicated the national government with a manly and zealous independence. After the termination of the session of the legislature, in 1791, Mr Marshall voluntarily retired. But the events, which soon afterwards occurred in Europe, and extended a most awaken- ing influence to America, did not long permit him to devote 1828.] Public Ljfe and Services. 19 himself to professional pursuits. The French Revolution in its early dawn was hailed with universal enthusiasm in Amer.. ica. In its progress for a considerable period it continued to maintain among us an almost unanimous approbation. Many causes conduced to this result. Our partiality for France, from a grateful recollection of her services in our own revolutiona- ry contest, was ardent and undisguised. It was heightened by the consideration, that she was herself now engaged in a strug- gle for liberty, and was endeavoring to shake off oppressions, under which she had been groaning for centuries. The mon- archs in Europe were combined in a mighty leagi~e for the suppression of this new and alarming insurrection against the claims of legitimacy. It was not difficult to forsee, that if they were successful in this enterprise, we ourselves had but a questionable security for our own independence. It would be natural for them, after having completed their European con- quests, to cast their eyes to the origin of the evil, and to feel, that their dynasties were not quite safe, even though the At- lantic rolled between us and them, while a living e~anaple of liberty, so seductive and so striking, remained in the we~tern hemisphere. Nor was our danger wholly imaginary. It is hardly possi- ble, at this distance of time, to look back without a deep f~e1- lug, that the feebleness of our national government, the defi.~ ciency of revenue and resources, the discontents at home, the internal jealousies which distracted the states, and the want of any firm public credit, exposed us to serious difficulties. If our safety was to depend upon the mere sense of moderation of the crowned heads of Europe, flushed with their recent triumph over the political liberty of France, it must be admitted, that it was somewhat shadowy and unsubstantial. In case of any com- bined invasion or systematic attack, we were embarrassed on one side with local divisions, and on the other with the dis- couraging fact, that the armies, which had achieved our independence, had the most lively and well-founded recol- lections of the past ingratitude of their country. Under such circumstances, the opinion was almost universal and mstanta- neous, that our own liberty was essentially connected with the success of France; and patriots and statesmen, the young and the old, the contemplative and the active, gave way to feelings of unbounded exultation at every defeat of her enemies, and of admiration at the heroic deeds of her children. It may be 20 Chief Justice Marshalls IJan. truly said, that the government itself partook largely of the general interest, and did not hesitate to express it in any man- ner not incompatible with the strict performance of the duties of neutrality. Mr Marshall was as warmly attached to the cause of France, as any of his considerate countrymen. After the death of Louis the Sixteenth, feelings of a different sort began to mix themselves, not only in the public councils, but in private life. Those, whose reflections reached beyond the events of the day, began to entertain fears, lest in our en- thusiasm for the cause of France, we might be plunged into war, and thus jeopard our own vital interests. The task of preserving neutrality was of itself sufficiently difficult, when the mass of the people was put in motion by the cheering sounds of liberty and equality, which were wafted on every breeze across the Atlantic. The duty, however, was imperative; and the administration determined to perform it with the most guarded good faith. In the mean time the arrival of M. Genet, as Minister from the Republic of France, created throughout the continent a great sensation. He was every where received with acclamations on his journey from South Carolina to Philadel- phia; and even before he was accredited by the government, he undertook to authorize the armament of vessels in our ports, and to enlist men and grant commissions for hostilities against nations, with which we were at peace. It was soon perceived, that taking advantage of the general enthusiasm, he was beginning to intrude himself between the government and the people; to make the latter the instruments of overthrow- ing the administration; and thus to precipitate us into the war. Such conduct roused the attention of all America, and taught our ablest statesmen the necessity of immediate resistance. No one, who truly loved his country, could be insensible of the danger of permitting any foreign minister to mingle in the man- agement of our domestic affairs; or of the calamitous results of abandoning our neutrality. One of the earliest meetings, called to express the public sentiments on this subject, was in the city of Richmond; and on that occasion, resolutions were passed, expressing a strong disapprobation of the irregular con- duct of M. Genet, a deep sense of the danger of foreign influ- ence, and a warm approbation of the Presidents proclama- tion of neutrality. These resolutions, and the address to the President, which accompanied them, were drawn up and sup- ported by Mr Marshall, and carried by his strenuous exertions. 21 1828.3 Public Ljfe and Services. The great political parties, which for so many years after- wards divided the country, began about this period to assume a more distinct form, and to acquire a more unequivocal charac- ter. Hitherto the struggle had been principally confined to do- mestic concerns; to federal and antifederal measures; on the one side to building up and cherishing a system, which should strengthen the union and give vigor to its councils, and on the other side to resisting every approximation to a diminution of state influence. But now the contest took a wider range, and foreign politics first engaged, and soon absorbed the whole attention of the people. Many ardent votaries of liberty clung with an animated devotion to the cause of France through all her various fortunes; and felt, that even her encroachments upon our own rights were not without apology, and though not justi- fiable, were not to be openly resented. The administration and its friends acted upon other principles; and though not insensible to the value of the friendship of France, they saw much in her conduct, which required resistance, and much in the conduct of other nations, and particularly of Great Britain, which demanded, if we meant to preserve peace, a sober con- sideration of our own interests. Great Britain yielded to our remonstrances, and finally consented to indemnify us for our national injuries. The policy of France was manifestly to detach us from our neutral position; and every approach on our part ~to conciliation with the British government was watched by her with jealousy; and her jealousy soon spread with increased force among her friends in America. In short, for it is now matter of history, and we are at liberty to deal with it as such, the parties soon became distinguished as the friends of France, and the enemies of France, or the friends of England, and the enemies of England, in the partisan vocab.~ ulary of the day. The decided part taken by Mr Marshall could not long re- main unnoticed. His constant effort upon all occasions was to show, that the conduct of our government in its foreign re- lations was such as a just self-respect and a regard to our rights, as a sovereign nation, rendered indispensable; and that our independence was brought into real danger~ b.y the over- grown and inordinate influence of France. He was of course exposed to severe public animadversions, and felt in its full force the weight of those political resentments, which the known attachment of Virginia to the cause of France must inevitably 22 Ohief Justice Alarshalts [Jan. create. He was attacked with great asperity in the newspapers and pamphlets of the day, and designated, by way of significant reproach, as the coadjutor and friend of Alexander Hamilton. The name of this great man almost tempts us to pass aside for a moment to pay a just tribute to his exalted patriotism, talents, and public virtues. The lapse of more than twenty years since his lamented death has buried those animosities, which for a time obscured the brilliant lustre of his fame. But we must forbear. To have been the friend and coadjutor of Ham.. ilton would now make many a heart beat with lofty pride; to have been his distinguished friend and coadjutor would now be deemed by the whole nation no mean title of praise. Against these attacks Mr Marshall defended himself with a zeal and ability, proportioned to his own sincere devotion to the cause which he espoused. He soon found himself compelled to assume the character of an acknowledged leader of the fed- eral party in Virginia, and from necessity or choice to change his determination as to public life; and he began to hesitate, whether he ought not immediately to rc~inter the legislature. While he was yet pausing, an event unexpectedly occurred, which decided his future course. The spring elections for the state legislature in the year 1795 came on. Mr Marshall was not a candidate, but he was nevertheless chosen under some- what peculiar circumstances. From the time of his withdraw.. ing from the legislature two opposing candidates had divided the city of Richmond; the one, his intimate friend, and holding the same political sentiments with himself; the other, a most zealous partisan of the opposition. Each election between these gentlemen, who were both poputar, bad been decided by a small majority, and the approaching contest was entirely doubtful. Mr Marshall attended the polls at an early hour, and gave his vote for his friend. While at the polls, a gentleman demanded, that a poll should be opened for Mr Marshall. The latter was greatly surprised at the proposal, and unhesitatingly expressed his dissent, declaring, that his wishes and feelings and honor were engaged for one of the candidates. At the same time, he announced his willingness to become a candidate the next year. He retired from the polls, and immediately gave his attendance to the business of one of the courts, which was then in session. A poll was, however, opened for him in his absence by the gentleman who first suggested it, notwithstanding his positive refusal. The 23 1828.] Public Ljfe and Services. election was suspended for a few minutes; a consultation took place among the freeholders; they determined to support him; and in the evening he received the information of his election. A more honorable tribute to his merits could not have been paid; and his election was a most important and timely measure in favor of the administration. It will be recollected, that the treaty with Great Britain, ne- gotiated by Mr Jay in 1794, was the subject of universal discussion at this period. No sooner was its ratification advised by the Senate, than public meetings were called in all our prin- cipal cities, for the purpose of inducing the President to with.. hold his ratification, and if this object were not attained, then to prevent in Congress the passage of the appropriations necessary to carry it into effect. The first movement took place in Bos- ton, and the excitement, there produced, spread through the country with astonishing rapidity and increased violence. The history of the country scarcely furnishes an example so full of melancholy instruction, as this, to illustrate the intoxicating in- fluence of party spirit. There probably never was any meas- ure of President Washingtons administration, which admitted of a more complete vindication for its sound policy, its jus- tice, and its advancement of the real interests of the nation. Yet it was assailed with the most unmeasured reproaches; it was denounced in public resolutions and anonymous pam- phlets; in newspaper essays and political addresses; in the grave debates of legislative assemblies, and the vehement harangues of popular orators. The topics of animadversion were not confined to the expediency of the treaty in its principal pro- visions, but the bolder ground was assumed, that the negotia- tion of a commercial treaty by the Executive was an uncon-~ stitutional act, and an infringement of the power given to Con- gress to regulate commerce. Mr Marshall took an active part in the discussions upon the treaty. Feeling, that the ratifi- cation of it was indispensable to the preservation of peace, that its main provisions were essentially beneficial to the Uni- ted States, and comported with its true dignity and interests, he addressed himself with the most diligent attention to an exam- ination of the nature and extent of all its provisions, and of all the objections urged against it. No state in the Union exhib- ated a more intense hostility to it than Virginia, upon the points both of expediency and constitutionality; and in no state were the objections urged with more impassioned and unsparing 24 Chief Justice Marshalls [Jan. earnestness. The task, therefore, of meeting and overthrow- ing them was of no ordinary magnitude, and required all the resources of the ablest mind. Mr Marshall came to the task with a thorough mastery of every topic connected with it. At a public meeting of the citizens of Richmond he carried a se- ries of resolutions, approving the conduct of the Executive. But a more difficult and delicate duty remained to be per- formed. It was easy to foresee, that the controversy would soon find its way from the public forum into the legislative bodies; and would be there renewed with the bitter animosi- ty of party spirit. Indeed, so unpopular was the treaty in Virginia, that Mr Marshalls friends were exceedingly solicitous, that he should avoid engaging in any debate in the legislature on the subject, as it would be a sacrifice of the remains of his well deserved popularity; and it might be even questioned, if he could there deliver his sentiments without exposure to some rude attacks. His answer to all such suggestions was uniform; that he should not move any measure to excite a debate; but if the subject were brought forward by others, he should, at ev- ery hazard, vindicate the administration, and assert his own ?Pinion~. He was incapable of shrinking from a just express- ion of his own independence. The subject was soon introduc- ed by his political opponents, and the constitutional objections were urged with triumphant confidence. That particularly, which denied the constitulional right of the Executive to con- clude a commercial treaty, was selected and insisted on, as a favorite and unanswerable position. The speech of Mr Mar- shall on this occasion has been always represented, as one of the noblest efforts of-his genius. His vast powers of reasoning were employed with the most gratifying success. He demon- strated not only from the words of the Constitution, and the universal practice of nations, that a commercial treaty was within the constitutional powers of the Executive, but that this opinion had been maintained and sanctioned by Mr Jefferson, by the whole Delegation of Virginia in Congress, and by the leading members in the Convention on both sides. His argu- ment was decisive; the constitutional ground was abandoned; and the resolutions of the Assembly were confined to a simple disapprobation of the treat~r in point of expediency. The constitutional objections were again urged in Congress in the celebrated debate on the British Treaty, in the spring of 1796 ; and there finally assumed the mitigated shape of a right Public Life and Services. 25 1828.] claimed on the part of Congress to grant or withhold appropria- tions to carry treaties into effect. The higher ground, that com- mercial treaties were not, when ratified, the supreme law of the land, was abandoned; and the subsequent practice of the gov- ernment has, without question, under every administration con- formed to the construction vindicated by Mr Marshall. The fame of this admirable argument spread through the Union. Even with his political enemies, it enhanced the elevation of his character; and it brought him at once to the notice of some of the most eminent statesmen, who then graced our public coun- cils. In the winter of 1796, he attended the Supreme Court of the United States at Philadelphia, and argued the great cause of Ware vs. Hylton, involving the question of the ope- ration of the British treaty upon the antecedent confiscations of British debts. On this occasion he formed an acquaintance with some of the most distinguished members of Congress from the eastern and middle states, and particularly with Mr Cabot, Mr Ames, and Mr Dexter of Massachusetts, Mr Wadsworth of Connecticut, and Mr Rufus King of New York. He was re- ceived with the most flattering distinction, and with some of these gentlemen he then commenced a friendship, which ter- minated only with their lives. About this period President Washington invited Mr Mar- shall to accept the office of Attorney General; but he declin- ed it, upon the ground of its interference with his lucrative practice in Virginia. He continued in the state legislature, but did not, from his other engagements, take an active part in the ordinary business. He confined his attention principally to those questions, which involved the main interests of the coun- try, and brought into discussion the policy and the principles of the national parties. An occasion occurred, however, for the utmost exertion of his eloquence in a debate, which took place (we believe) in the winter session of 17967, and called forth all the strength of the opposition. Some fed- eralist moved a resolution, expressive of the high confidence of the house in the virtue, patriotism, and wisdom of the presi- dent of the United States. A motion was made to strike out the word wisdom. A very animated debate ensued, in which the whole course of his administration was reviewed, and all the talents of each party were exerted to assail, or to vindicate it. Mr Marshall, as might be expected, maintained himself with his accustomed vigor. But after every exertion the voL. xxvi. NO. 58. 4 26 Chief Justice Mars/talls [Jan. word was retained by a very small majority. It is indeed a painful and humiliating thought, that a small majority only could be found at that time in the legislature of his native state, willing to acknowledge the wisdom of General Washington! Upon the recall of Mr Monroe as Minister from France, President Washington solicited Mr Marshall to accept the ap- pointment as his successor. He respectfully declined it in a letter, which is now before us. Were it possible, said he, for me in the present crisis of my affairs to leave the United States, such is my conviction of the importance of that duty, which you would confide to me, and pardon me, if I add, of the fidel- ity, with which I should attempt to perform~t, that I would cer- tainly forego any consideration, not decisive with respect to my future fortunes, and would surmount that just diffidence, I have ever entertained of myself, to make one effort to convey truly and faithfully to the government of France those sentiments, which I have ever believed to he entertained by that of the United States. General Pinckney of South Carolina, as is well known, was appointed in his stead. indeed, Mr Marshalls situation at the bar was so high, and so independent, that in point of honor it seemed little inferior to any office in the gift of the government. He had a strong predilection for the prac- tice of the law, and felt the most unfeigned reluctance to quit it. The arrangements, also, consequent upon his purchase of a large and very valuable estate (to which allusion is made in the preceding letter), were of such a nature, as demanded his personal presence and- codperation. However gratifying to his ambition the high appointment of Minister to France must have been, the sacrifice,s and inconveniences, which would ac- company it, mi~ht well induce even a more ardent and less occupied mind, to hesitate in accepting it. Mr Marshall was not, however, long permitted to act upon his own judgment and choice. The French government re- fused to ra~eive General Pinckney, as Minister from the Unit- ed States; and the administration, being sincerely anxious to exhaust every measure of conciliation, not incompatible with the national dignity, for the preservation of peace, resorted to the extraordinary measure of sending a commission of three Envoys. Within a year from the time of the first offer, Mr Adams, haviug succeeded to the presidency, appointed Mr Marshall one of these Envoys in conjunction with General Pinckney and Mr Gerry. This was a new and embarrassing 27 1828.] Public Ljfe and Services. exigency for Mr Marshall. All the reasons for declining the former appointment remained in full force; but they were met by other considerations growing out of the posture of our public affairs. The crisis was very alarming; the hope of a successful mission was not wholly uninviting; and the dangers of war, formidable to us at all times, in the divided state of the country were assuming a most unpleasant aspect. These con~ siderations seemed to demand from a patriot and statesman some sacrifices to public duty. Mr Marshall also could not be insensible, that the country confidently expected much from his known moderation, firm- ness, and prudence. He was perfect master of the whole controversy with France, and felt the deepest interest in its issue. He had the most unwavering belief, that our ~govern- ment anxiously desired an amicable adjustment of all our diffi- culties. He knew, that he should come to the negotiation breath- ing the spirit of conciliation, and with the most sincere wishes to accomplish a permanent and honorable peace. Nor could he fail to indulge the grateful anticipation, that if the mission were crowned with success, it would be a glorious discharge of public duty, and bring with it a solid increase of reputation. If, on the other hand, the mission were unsuccessful, being but of a temporary nature, it would not withdraw him for a long period from his professional pursuits; and would leave him the consolation, that he had not shrunk from fidelity to his country in her hour of difficulty. After some hesitation, Mr Marshall accepted the appoint- ment, and soon afterward embarked for Amsterdam. On his arrival at the Hague he met General Pinckney, and having received passports they proceeded to Paris. The mission was unsuccessful; the envoys were never accredited by the French government, and Mr Marshall returned to America in the sum- mer of 1798. It is not within the design of this sketch to enter into a full examination of the merits of this negotiation, so honorable to our own country, and, in our judgment, so disgraceful to France. The whole of the proceedings were laid before Congress by Pres- ident Adams, and are now to be found among the printed state papers. Although General Pinckney was placed with great propriety at the head of the commission, and it is but a small tribute to his memory to declare, that he was a man of fine sense, and high and almost chivalric honor; yet the truth of 28 Chief Justice Marshalls [Jan. history requires it to be stated, that upon Mr Marshall princi- pally devolved the duty of preparing the official despatches. They have been universally attributed to his pen, and are mod- els of skilful reasoning, forcible illustration, accurate detail, and urbane and dignified moderation. In the annals of our diplo- macy there are no papers, upon which an American can look back with more unmixed pride and pleasure. When they were first published, they created an astonishing excitement throughout the whole continent; and the public feeling was roused to the highest point of indignation at our wrongs and the gross insults offered to the nation in the persons of its Envoys. The fame of Mr Marshall received new lustre from his conduct on this occasion; and upon his return home he was received with enthusiastic demonstrations of re- spect, and immediately solicited to resume public life and be- come a candidate for Congress. During his absence he kept a journal of his diplomatic transactions, which we presume he still possesses; and we have seen letters addressed by him to General Washington, full of that wisdom, patriotism, and sound discernment, which formed the essential characteristics of both. At some future time we trust they will belong to the public. The opinion of General Washington always had great influ- ence with Mr Marshall, and to have been distinguished by him as a friend could not but be a flattering, perhaps the most flat- tering proof of merit. Mr Marshall on his return home found, that he had sustained no loss by a diminution of professional business, and looked forward to a resumption of his labors with higher hopes. lie peremptorily refused for a considerable time to become a candidate for Congress, and avowed his de- termination to remain at the bar. At this juncture he was invited by General Washington to pass a few days at Mount Vernon; and having accepted the invitation, he went there in in company with Mr Justice Washington, the nephew of Gen- eral Washington, and now a highly distin~iished Judge of the Supreme Court of the United States. What took place upon that occasion, we happen to have the good fortune to know from an authentic source. General Washington did not for a moment disguise the object of his in- vitation; it was to urge upon Mr Marshall and Mr Washington the propriety of their becoming candidates for Congress. Mr Washington yielded to the wishes of his uncle without a strug- gle. But Mr Marshall resisted on the ground of bis situation, 1828.1 Public Life and Services. 29 and the necessity of attending to his private affairs. The reply of General Washington to these suggestions will never be for- gotten by those, who heard it. It breathed the spirit of the loftiest virtue and patriotism. He said, that there were crises in national affairs, which made it the duty of a citizen to forego his private for the public interest. He considered the country to be then in one of these. He detailed his opinions freely on the nature of the controversy with France, and expressed his conviction, that the best interests of America depended upon the character of the ensuing Congress. He adverted to his own situation. He had retired from the Executive Depart- ment with the firmest determination never again to appear in a public capacity. He had communicated this determination to the public, and his motives for it were too strong not to be well understood. Yet he was now pledged to appear once more at the head of the American army; and from this cir- cumstance it must be evident, what were his own convictions of the duty imposed upon every citizen by the state of Amer- ican affairs. The conversation was long and animated and im- pressive, full of the deepest interest, and the most unreserved confidence. The exhortation of General Washington had its effect. Mr Marshall yielded to his representations, and be- came a candidate, and was, after an ardent contest, elected, and took his seat in Congress in December, 1799. While he was yet a candidate, he was offered a seat on the bench of the Supreme Court, then vacant by the death of Mr Justice Ire- deli. Upon his declining it President Ada~ns appointed Mr Justice Washington, who was thus prevented from becoming a member of Congress. The session of Congress in the winter of 17991800 will for ever be memorable in the annals of America. Men of the highest talents and most commanding influence in the Union were there assembled, and arrayed with all the hostility of par- ty spirit, and all the zeal of conscious responsibility, against each other. Every important measure of the administration was subjected to the most scrutinizing criticism; and was vin- dicated with a warmth proportionate to the ability of the attack. Mr Marshall took an active part in the debates, and on one occasion distinguished himself in a manner, which will not ea- sily be forgotten. We refer to the debate on the resolutions of Mr Edward Livingston, then a member from New York, rela- tive to the case of Thomas Nash alias Jonathan Robbins. The 30 Chief Justice Marshalls [Jan. facts were, that a murder had been committed on board the British frigate, Hermione, on the high seas, and Nash, who had sought an asylum in the United States, was accused of beh~g one of the murderers. The twenty-seventh article of the British trea- ty of 1794 provided, that the respective governments of Great Britain and the United States should, on mutual requisitions by their ministers, deliver up to justice all persons, who being charged with murder or forgery within the jurisdiction of eith- er, should seek an asylum within any of the countries of the other, upon such evidence of criminality, as, according to the laws of the place, where the person or fugitive so charged should be found, would justify his apprehension, and a com- mitment for trial, if the offence had been there committed. The British minister applied to the Executive for the delivery of Nash according to the stipulation of the treaty. Nash was arrested in South Carolina, and was brought before the District Judge in that state by a writ of habeas corpus, and the Presi- dent signified to him his wish, that if the evidence warranted, the prisoner should be delivered over to the British minister. Upon a full hearing the District Judge was satisfied, that the proofs were sufficient, and delivered up the prisoner to the British authorities, by whom he was sent to Jamaica. The prisoner was there upon trial convicted of the offence, and suf- fered the punishment of death accordingly. Nash, upon his examination before the District Judge, made affidavit of his being an American citizen, born in Danbury, Connecticut, and that he was an impressed seaman. The conduct of the Executive on this occasion was the sub- ject of much harsh animadversion in the newspapers; and in South Carolina, in particular, the propriety of the proceeding was denied in a public letter, acknowledged to have been writ- ten by Mr Charles Pincknev, then a Senator in Congress from that state. The object of Mr Livingstons resolution was to procure a vote of censure of the Executive proceedings, as ut- terly destitute of legal authority. It may be easily imagined, that, smarting as the nation was under the odious exercise of impressment by British officers, the circumstances alleged by Nash were well calculated to inflame the public resentment, and to produce a strong popular feeling in his favor. It is now understood, that in point of fact he was a British subject, and not born in America. The resolutions were supported by Mr Livingston, Mr Gallatin, and other distinguished gentlemen; 1828.] Public Ljfe and Services. 31 they were opposed by Mr Bayard, Mr Marshall, and others. The speech of Mr Marshall on that occasion has been pre- served.* It is a most profound and admirable argument, and in the most conclusive manner establishes the propositions, that the case was %vithin the provision of the treaty; that it was proper for executive, and not for judicial decision; and that in deciding it, the President was not chargeable with any inter.. ference with judicial duties. So complete was the demon- stration, that it put the question at rest for ever. The speech was perfectly overwhelming; and like the celebrated letter of the Duke of Newcastle on the Prussian Memorial, it may be characterized, in the language attributed to Montesquieu, as a ponse sans r6plique. We have often heard an anecdote, for the truth of which we cannot however vouch, that a celebrated statesman, then in the opposition in Congress, was requested to answer it, and upon declining the task, said he must leave it to others; for himself, he deemed it unanswerable.t In May, 1800, Mr Marshall was, without the slightest person- al communication, nominated by the President to the office of Secretary of War, upon the dismissal of Mr McHenry. We believe, that the first information received of it by Mr Marshall was at the department itself, where he went to transact some business previous to his return to Virginia. He immediately wrote a letter, requesting the nomination to be withdrawn by the President. It was not, and his appointment was confirmed by the Senate. The rupture between the President and Col- onel Pickering, who was then Secretary of State, soon after- wards occurred, and Mr Marshall was appointed his successor. This was indeed an appointment in every view most honorable to his merits, and for which he was in the highest degree qual- ified. Yet he had great difficulties in accepting it; and his final determination to accept it was mainly influenced by the same motive, which induced him to surrender his practice at the bar for a seat in Congress, a deep sense of public duty. The circumstances, under which he took the office, were not without embarrassment. The late cabinet had been dissolved in a manner, which left room for the indulgence of some person- * It will be found reprinted in the Appendix to the fifth volume of Wheatons Reports. ~ The resolutions were lost by a vote of 61 against 35, some of the anti-administration party voting against them. 32 Chief Justice Marshalls [Jan. al resentments, if not recriminations; and the warm attach- ment, which Mr Mar~hall at all times evinced for President Adams, would naturally excite some coolness in those, who were then alienated from him. He had, however, the satisfac- tion soon to find himself upon the most cordial terms with all the Cabinet, and in the full possession of the unlimited confi- dence of the public. Upon the resignation of Mr Chief Justice Ellsworth, a good deal of public anxiety was expressed respecting his successor. The friends of Mr Justice Patterson, who was certainly an eminent Judge, indulged the hope, that he would be nominated to the office. When the President consulted the Secretary of State on this subject, the latter unhesitatingly recommended Mr Patterson. The President, however, had an insuperable objection to the nomination, assigning as a reason, that he could not make it without wounding the feelings of Mr Justice Cushing, who was an old friend, and the ~euior Judge on the bench. He nominated Mi~ Jay, who declined; and as -soon as that fact was known, the President, with unusual promp.. titude and decision, nominated Mr Marshall. The nomina- tion was confirmed by the Senate, and Mr Marshall, on the 3lst day of January, 1801, became Chief Justice of the Unit- ed States, and has continued ever since that period to fill the office with increasing reputation and unsullied dignity. The wisdom of this choice, whatever might have been the disap- pointment or partiality of the friends of other candidates, has been fully established by the event. The sagacity and in- dependence of President Adams, that intuitive perception of character, and comprehensiveness of observation, almost amount- ing to prophecy, which were so prominent traits in his mind, never were unfolded in a more imposing form. There is prob- ably not a reflecting man in America of any party, or any frag- ment of any party, who would not now cheerfully admit, that the highest judicial honors could not have fallen on any one, who could have sustained them with more solid advantage to the glory or interests of the country. Splendid, indeed, as has been the judicial career of this eminent man, it is scarcely possible, that the extent of his la- bors, the vigor of his inteflect, or the untiring accuracy of his learning should be duly estimated, except by the profession, of which he is so great an ornament. Questions of law rarely assume a cast, which introduces them to extensive public no- 1828.] Public 14e and Services. 33 tice; and those, which require the highest faculties of mind to master and expound, are commonly so intricate and remote from the ordinary pursuits of life, that the generality of readers do not bring to the examination of them the knowledge ne- cessary to comprehend them, or the curiosity, which imparts a relish and flavor to them. For the most part, therefore, the reputation of judges is confined to the narrow limits, which embrace the votaries of jurisprudence; and many of those ex- quisite judgments, which have cost days and nights of the most elaborate study, and for power of thought, beauty of illustra- tration, variety of learning, and elegant demonstration, are just- ly numbered among the highest reaches of the human mind, find no admiration beyond the ranks of lawyers, and live only in the dusty repositories of their oracles. The fame of the warrior is for ever embodied in the history of his country, and is colored with the warm lights reflected back by the praise of many a distant age. The orator and the stateman live not merely in the recollections of their powerful eloquence, or the deep impressions made by them on the character of the gene- ration in which they lived, but are brought forth for public ap- probation in political debates, in splendid volumes, in collegiate declamations, in the works of rhetoricians, in the school-books of boys, and in the elegant extracts of maturer life. Not to go back to the ancients, the speeches of Chatham, and Burke, and Sheridan, and Pitt, and Fox, and Grattan, will be familiar to the ears, and uttered by the voices of thousands, who never heard of the gigantic learning of Coke, the commanding judg.. ment of Holt, the infinitely varied professional attainments of Hardwicke, the felicitous and convincing genius of Mansfield, the cautious and unerring sagacity of Eldon, the almost pre- ternatural union of judicial eloquence, exquisite diction, and sound principles in Stowell; or, to name a few among the il- lustrious living and dead of our own country, the unostentatious but vigorous sense of Tilghman, the profound and acute dis- cernment of Parsons, or the exhausting diligence and polished strength of Kent. We shall not attempt, on this occasion, to enter upon a mi- nute survey of the official labors of Chief Justice Marshall. However instructive or interesting such a course might be to the profession, the considerations already adverted to suffi- ciently admonish us, that it would not be very welcome to the mass of other readers. But there is one class of cases, which voL. xxvl.NO. 58. 5 34 Chief Justice .lklarsltalls [Jan. ought not to be overlooked, bec~iuse it comes home to the busi.. ness and bosom of every citizen of this country, and is felt in every gradation of life from the chief magistrate down to the inmate of the cottage. We allude to the grave discussions of constitutional law, which during his time have attracted so much of the talents of the bar in the Supreme Court, and sometimes agitated the whole nation. If all others of the Chief Justices juridical arguments had perished, his luminous judgments on these occasions would have given an enviable immortality to his name. There is in the discharge of this delicate and important du- ty, which is peculiar to our institutions, a moral grandeur and interest, which it is not easy to over-estimate either in a polit- ical or civil view. In no other country on earth are the acts of the legislature liable to be called in question, and even set aside, if they do not conform to the standard of the constitu- tion. Even in England, where the principles of civil liberty are cherished with uncommon ardor, and private justice is ad- ministered with a pure and elevated independence, the acts of Parliament are, by the very theory of the government, in a legal sense omnipotent. They cannot be gainsaid or overruled. They form the law of the land, which controls the prerogative and even the descent of the crown itself, and may take away the life and property of the subject without trial and without appeal. The only security is in the moderation of Parliament itself, and representative responsibility. The case is far other- wise in America. The state and national constitutions form the supreme law of the land, and the judges are sworn to maintain these charters of liberty, or rather these special delegations of power by the people (who in our governments are alone the depositaries of supreme authority and sovereignty), in their original vigor and true intendment. It matters not, how popu- lar a statute may be, or how commanding the majority by which it has been enacted; it must stand the test of the constitution, or it falls. The humblest citizen may question its constitutionality; and its final fate must be settled upon grave argument and debate by the judges of the land. Nor is this the mere theory of the constitution. It is a function, which has been often performed; and not a few acts of state as well as of national legislation, have been brought to this severe scrutiny; and after the fullest consideration, some have been pronounced to be void, because they were unconstitu 182S~3 Public Life and Services. 35 tional. And these judgments have been acquiesced in, and obeyed, even when they were highly offensive to the pride and sovereignty of the state itself, or affected private and public interests to an incalculable extent. Such, in America, is the majesty of the law. Such is the homage of a free people to the institutions, created by them- selves. Such is the consciousness of every citizen, that he holds his life, his liberty, and his property by the judgment of his peers, and the sovereignty of the constitution. What, after all, is the most wonderful in this political machinery, is the simplicity 1f its structure, and the ease of its operation. A foreigner would suppose, that the accomplishment of such mighty effects would require the aid of every sort of external means of influence to guard it, and ensure its success. He would imagine, that the functionaries of such duties must have the advantages of noble birth, of hereditary right, of great wealth, of extensive patronage, and of the command of milita- ry resources. How great would be his surprise to learn, that the judges, who are to decide these questions in the last resort, are few in number, rarely wealthy, with moderate salaries, with no patronage beyond the poor appointment of the clerk of their own courts, with no array of imlitary force, living unostenta- tiously among their fellow-citizens, and having no means of in- fluence beyond what their talents and public services and pri- vate virtues might command in any other station. Yet th~y p~fnrnIfear1ess1y~md independently, ~& oI~iindex circumstances of the most painful and trying responsib~lj4y t1i~mnidst of popular prejudices, party triumphs, ~state str~j,~. and national dissatisfactions. We speak here, not articular- ly of the judges of the Supreme Court of the United States; but also of the judges of the highest state courts in the Union. The whole power possessed by all or any of them extends not, for any practical purpose, beyond a mere naked moral power, the power of solid reasoning, just exposition, and sober appeal to the good sense of honest and intelligent minds. Their strength is in their arguments; and they speak a law, which is obeyed, and followed, and respected, simply because the pro~ fession in its learned ranks approves it, and the community comprehends its justice and conservative authority. Whoever reflects deeply must perceive, that this is the balance-wheel of our political system, the regulator, which sometimes accelerates and sometimes retards the public movements, but always works 36 Chief Justice Marshalls [Jan. to ensure the general safety. Suspend its operation, or weak- en its exercise, and we may still remain a federative govern- ment; but it will be one enfeebled and distracted by its bad ad... justments, or hurried on to despotic excesses by the common plea of tyrants, the consciousness of power and the plausible pretences of necessity. This topic is so copious, and of such everlasting consequence to the wellbeing of this Republic, that it furnishes matter for volumes; and we must escape from it with the brief hints al- ready suggested, to resume the subject of the constitutional labors of Chief Justice Marshall. We emphatically say, of Chief Justice Marshall; for though we would not he unjust to those learned gentlemen, who have from time to time been his associates on the bench, we are quite sure, that they would be ready to admit, what the public universally believe, that his master mind has presided in their deliberations, and given to the results a cogency of reasoning, a depth of remark, a per- suasiveness of argument, a clearness and elaboration of illustra.. tion, and an elevation and comprehensiveness of conclusion, to which none others offer a parallel. Few decisions upon constitu- tional questions have been made, in which he has not delivered the opinion of the Court; and in these few, the duty devolved upon others to their own regret, either because he did not sit in the cause, or from motives of delicacy abstained from tak.9 ing an active part. If we do not mistake, there is but a single case, in which his judgment is known to have differed from that of the Court upon any point of constitutional law. That case was Ogden vs. Saunders, decided at the last term of the Court, which in- volved the question of the constitutionality of an insolvent law, which was passed antecedently to the formation of a contract, and discharged its obligation. On this occasion, four judges, against the opinion of the Chief Justice and two other judges, decided in favor of the constitutionality of such a law. It is not for us to discuss the merits of this controversy; much less to assume the task of interpleading in such a cause, magnas componere lites. But we may be permitted to say, that the peculiar powers of the Chief Justice were never exhihited in a more impressive manner, or with more collected vigor. It is, indeed, a most delightful thought, that at the advanced age of seventy-two this great judge still retains the full possession of his faculties, and that he has gone on from year to year through 37 182S.] History of the ./lmerican Colonies. his judicial labors with powers constantly improving by their wholesome exercise; and that if a single year were to be se- lected to furnish the most various exhibitions of his talents, none could be selected with more propriety than the last. To justify our assertion, we ask the attentive reader to take up the twelfth volume of Mr Wheatons Reports, and examine for himself. Let him peruse with a professional or a common mind the opinions in the cases of Clark vs. The City of Wash- ington, Williams vs. Norris, The Bank of the United States vs. Dandridge, Brown vs. The State of Maryland, Henderson vs. Poindexter, and Ogden vs. Saunders (to which we have al- ready adverted), let him peruse, we say, the opinions in these cases, and consider how complicated and difficult were the points involved in them, and we are sadly mistaken, if he will not rise from the. task with the most unhesitating approbation of our declaration. We had originally intended to give an historical sketch of the constitutional questions argued in the Supreme Court during the period of his Chief-Justiceship; and we remain of the belief, that it would have been not wthout interest even to persons, who have never embarked in juridical studies. But the subject has already swollen so much under our hands, that we are compelled to abandon it for the present. We cannot, however, quit the judicial character of Mr Marshall without ex- pressing our earnest hope, that he may long remain in his present exalted station, adding new and solid lustre to our national jurisprudence. Mr Wheaton has just closed his own valuable labors as reporter, by accepting an appointment to serve the government in the more captivating and dignified em- ployment of a foreign mission. The Chief Justice can wish rio more fortunate fate, than to have his future opinions preserved in as durable a form by as gifted a successor. We have thus given a brief, but we trust, a faithful sketch of the life and public services of the author of the work now before us. We have been tempted more than once to break through the reserve, which duty imposes upon us, in speaking of the living, that we might indulge ourselves in other sketches of a more private and domestic nature, which would carry a charm with them into every circle. But we must forget the man, and proceed to the author; and in the very narrow space yet left to us, endeavor to do some moderate justice to the History of the American Colonies. 38 ChiefJustice Mars/rails We have already adverted to the severe diligence, with which the present revised edition has been prepared for pub. lication by the author. From a regard to his own character, as well as from his habitual deference for public opinion, it may well be presumed, that the work has now attained a very high de- gree of accuracy. tLhe public expectations in this respect will not be disappointed. Mr Marshall is not one of those ready writers, who run over a large mass of materials with a careless or indifferent eye, and sit down to write their first impressions, and fill up the spaces left vacant of facts with plausible conjec- tures, or imaginary events. He does not listen with implicit faith to every idle tale told by artless credulity or vulgar pre- judice. He does not seek the title of superior wisdom by unsettling the truths of history, and proving, that all writers, but himself, have mistaken the facts and the characters of former times. He does not construct any new narrative of events, and in his own closet show how fields were lost or won, by drawing upon the resources of his own fancy. He does not dispute the veracity of persons nearest the scenes, simply be- cause his own theory would be broken down by any admission in their favor. Far different is his course, and far different his ambition. The habits of his mind are close investigation, caution, patience, and a steady devotion to the weight of evi- dence. He examines all the materials before him with the sobriety and impartiality of judicial life. His conclusions, therefore, if they are not always absolutely correct, are such, as it is difficult to resist, and never without very strong histor- ical support. We have no hesitation in declaring, that the present work contains the most authentic history of the colonies, which is extant; and that it may be relied on with entire safety, as combining accuracy with variety of information. So far as the -printed materials go, great care has been be- stowed to embody in the narrative all important facts; and we venture to pronounce, that the authorities cited by him will be found upon examination fully to bear him out in every state- inent. The plan of the work excludes the notion, that it can expound with minute detail the rise and progress of every colony. That is properly the object of those local and dis- tinct histories, which are employed in the survey of a single colony. In such a narrative, those domestic occurrences and local circumstances, which unfold the peculiar character of the inhabitants, their pursuits and their feelings, their faults and 1828.1 History of the American Colonies. 39 their factions, find an appropriate place. They amuse the curious, and instruct the antiquary; they warm the hearts and kindle the imaginations of those, who are born on the spot, and feel the inspirations of the place. But, for the most part, they can only be glanced at by the historian, and then only, when they have left deep traces of the times behind them, and im- parted impulses, which have extended to other and distant ages. The private and internal transactions of states bear a very close analogy to the biography of individuals. Each may furnish materials for general history, but must be forever separated from it in objects and interests. Mr Marshalls work professes to be a general history of all the colonies, and it is necessarily compendious. Yet it nar- rates all important public facts, and on no proper occasion omits to present to us the manners, and principles, and feelings of our ancestors, proper to illustrate those facts. He does not obtrude his own reflections with a profuse and embarrassing pertinacity. But there are everywhere scattered through the volume, in an unostentatious manner, proofs of his sagacity, candor, and intimate knowledge of human nature. The style of the work is in perfect keeping with the charac- ter of the author. It is perspicuous, simple, and forcible. It pos- sesses no studied ornaments, no select phrases, no elegant turns, and no ambitious floridness. It is plain, pure, and unpretend- ing. Many of those words in the former edition, which were objected to by British critics in no very kind spirit, as peculiar to America, though they exist in the writings of authors of good repute in their own country, have been sedulously remov- ed from the text. We do not object to this, though we have had occasion to know, that some criticisms of this sort have been owing more to the ignorance or petulance of the review- ers, than to their sound taste or extensive acquaintance with English literature. After what we have said, it seems hardly necessary to add, that we recommend the work, as entitled to a place in every well selected American library, and as indispensable for every person, who aspires to a general knowledge of the history of America. We trust the learned author will find leisure to revise in the same manner his Life of Washington, and to give it the last finishing touches of his ripest judgment. The close of his long and active life could not be employed more usefully for himself or his country. 40 JVoyess Translation of.Job. [Jan. There are two defects in the execution of the work, which we regret, and which may be easily removed in a subsequent edition. In the first place, the particular pages of the author- ities cited are not given, so that the task of reference is very laborious to any reader, who wishes to verify a particular fact. in the next place there is no index to the matter of the work; and a table of the contents can never well supply such a defi- ciency. We do not dwell on these inconveniences; it is suffi- cient to point them out to the candor of the author. ART. II..~1n Ilmended Version of the Boo/c of Job, with an Introduction, and JVotes chiefly explanatory. By GEORGE R. NoYEs. Cambridge, 8vo. pp. 200. Hilliard & Brown. 1827. Muen criticism has been expended on the Book of Job. Apart from its interpretation, several questions have been de- bated concerning the kind of composition, and the antiquity of the work; whether the history be true or fabulous; where the scene of the story is laid; to what age it is to be i~eferred, and by whom it was written. On some of these questions, little satisfaction can be obtained, and we shall pass over the ground but very cursorily, before we come to ~peak particularly of Mr Noyess Version. With the exception of a short proem and conclusion, Job is ~icknowledged on all hands to be a poetical book. We do not seek the evidence of this in exact versification; for if any of the Hebrew writings ever had such a versification, we have now no means of ascertaining what it is. Oriental critics are not so idly employed now-a-days, as to search for the te- trameters, hexameters, sapphics, and iambics in Hebrew verse, of which the fanciful Jerome spoke so familiarly; but any one who is tolerably conversant with the Hebrew writings, will per- ceive a peculiar diction, and a distribution of sentences and members of sentences into that kind of correspondency of parts, which indicate some regard to numerical harmony; and which clearly distinguish the poetical books from those, which are merely narrative, or intended only to prescribe rules of life and

Noye's Translation of Job 40-59

40 JVoyess Translation of.Job. [Jan. There are two defects in the execution of the work, which we regret, and which may be easily removed in a subsequent edition. In the first place, the particular pages of the author- ities cited are not given, so that the task of reference is very laborious to any reader, who wishes to verify a particular fact. in the next place there is no index to the matter of the work; and a table of the contents can never well supply such a defi- ciency. We do not dwell on these inconveniences; it is suffi- cient to point them out to the candor of the author. ART. II..~1n Ilmended Version of the Boo/c of Job, with an Introduction, and JVotes chiefly explanatory. By GEORGE R. NoYEs. Cambridge, 8vo. pp. 200. Hilliard & Brown. 1827. Muen criticism has been expended on the Book of Job. Apart from its interpretation, several questions have been de- bated concerning the kind of composition, and the antiquity of the work; whether the history be true or fabulous; where the scene of the story is laid; to what age it is to be i~eferred, and by whom it was written. On some of these questions, little satisfaction can be obtained, and we shall pass over the ground but very cursorily, before we come to ~peak particularly of Mr Noyess Version. With the exception of a short proem and conclusion, Job is ~icknowledged on all hands to be a poetical book. We do not seek the evidence of this in exact versification; for if any of the Hebrew writings ever had such a versification, we have now no means of ascertaining what it is. Oriental critics are not so idly employed now-a-days, as to search for the te- trameters, hexameters, sapphics, and iambics in Hebrew verse, of which the fanciful Jerome spoke so familiarly; but any one who is tolerably conversant with the Hebrew writings, will per- ceive a peculiar diction, and a distribution of sentences and members of sentences into that kind of correspondency of parts, which indicate some regard to numerical harmony; and which clearly distinguish the poetical books from those, which are merely narrative, or intended only to prescribe rules of life and 1828.] Aoyess Translation of .fob. 41 ritual observances. The same distinctive evidences, concern- ing the poetical books of the Hebrews, cannot fail to discover themselves in a skilful version.; and though most of the readers of our common translation of Job have probably never suspected that they were reading a poem, yet with very little change of phraseology, and with suitable divisions of the lines, they must cease to have any doubts on the subject. But there are much higher qualities of poetry in the book before us, in comparison with which verse is a mere accident, an insignificant appendage. Aside from the theological question concerning its inspiration, there is in it a spirit of poetical inspiration, and an effulgence of sublime conception, which place it above all that is called beautiful and grand in epic or. dramatic story. The hero, in- deed, is distinguished by none of the favorite exploits of Gre- cian or Roman fame. He is signalized by no such deeds as those of Achilles, whom Horace, a poet of no very warlike propensities, characterizes rather harshly; Impiger, iracundus, inexorabilis, acer, Jura neget sibi nata, nihil non arroget arinis. He has the patience and prudence of Ulysses, and the piety of IEneas, without the dissimulation of the first, and without being blazoned by the deeds of personal valor ascribed to either. He is altogether a moral hero. The sublimity of his charac- fer is wholly a moral sublimity. The character is not indeed perfect or immaculate; but, taken as a whole, it affords an illus- trious example of constancy under sufferings, and of a ~mind triumphing, by the aid of conscious virtue and unshaken fidel- ity, over a succession of adverse events and overwhelming calamities, and the perplexing conduct of real or ~pretended friends. The descriptions of Deity, who has so much agency in the progress of the story, and particularly in its catastrophe, are often similar to those of some of the prophetic writings. But they appear to be addressed still more than these to human comprehension, and sometimes remind us of the strong, sensi- ble images, by which Moses illustrates the power of Jehovah, in his song of deliverance from Egyptian bondage. There are, however, frequent and remarkable instances of simple and yet elevated descriptions of Gods power over the elements and the material creation, and of his invisible operations, which indicate a true conception of spirituality, unaided by material objects. VOL. xxvi.No. 58. 6 42 .TVoyess Translation of J0b. [Jan. lie removeth the mountains, and they know it not; He overturneth them in his anger. He shaketh the earth out of her place, And the pillars thereof tremble. He commandeth the sun, and it riseth not, And sealeth up the stars. He alone spreadeth out the heavens, And walketh upon the high waves of the sea. He made Arcturus, Orion, and the Pleiades, And the secret chambers of the South. lie doth great things past finding out, Yea, wonderful things without number. Lo! he goeth by me, but I see him not, He passeth on, but I perceive him not. ix, 511. In all this there is a remarkable absence of symbolical re- presentations of Jehovah. He walketh upon the waters, indeed; but there is no express mention of any members of material, bod- ily organization. The mountains are not removed by his power- ful arm, nor the earth shaken, nor the pillars made to tremble by the blast or breath of his nostrils, nor the stars sealed up by his fingers. Throughout the book, there is a sort of inartificial grada.. Pon, though not a uniform climax, in the descriptions of Deity, which illustrate his dominion in the works of creation and prov- idence, till they terminate at last in the most humbling challenge of human power and skill. We might proceed to point out a great variety of particular and peculiar beauties in this composition. Little satisfaction however, is commonly derived from insulated examples of this kind ; and when we come to analyze minutely what has pleased us in the aggregate, we resemble somewhat the artificer, who is delighted rather with the mechanism of the parts, than with the less distinct and general excellences of the whole, which command the admiration of most observers. We shall say nothing, therefore, of the animated apostrophes direct or indirect, which here and there occur; of the oracle which came secretly, and the ear caught a whisper; of the image whose form could not be discerned, accompanied by a breeze and a voice, and words of heavenly wisdom; of metaphors descriptive of divine attributes, of the tenure of human life, and of mortal weeknesses and woes; of moral delineations, whether of justice, beneficence, or charity; of strains of elegiac tenderness, or submissive devotion, or impatience and despair, all alike true to nature and to poetry; of scenic difficulties, 1828.] .Noyess Translation of Job. 43 which are nets, and traps, and snares placed in the path, or the way fenced up, or the lamp extinguished, and light turned to darkness; of local scenery and local allusions, and illustra- tions from animated nature. All these are scattered richly and profusely, and decorate the poem with a drapery less or- nate and splendid, to be sure, than that of more modern ori- ental poetry, but still highly beautiful and picturesque. As it regards the class of poetical compositions, to which this book belongs, it seems very unimportant how it is deter- mined, or whether it is determined at all. It has not, as Mr Noyes remarks, strictly speaking, such an action as the models of epic and dramatic story have prescribed to those kinds of writing. Instead of a prominent action, from which the great moral flows, the moral is the result of reasoning, and of the exercise of the suffering virtues. The supernatural machinery which consists in the intervention of Jehovah and of such min- isters of his power as he chose to commission, is consonant with the opinions of the Hebrews. And though it is sublime and splendid, incomparably beyond what Gibbon calls the ele- gant mythology of the Greeks, yet it is such as is employed in the prophetic writings of after times, and not peculiar to any species of sacred poetry. Neither is the work in any proper sense dramatic. The interlocutors are few, and utter elaborate discourses and arguments. And though these discourses are full of animation, they resemble speeches rather than dialogue, and tbe persons aim to establish or confute a moral and reli- gious position, by moral and religious reasoning and illustration, with very little dramatic show. If it is worth while, therefore, to give it any particular name, we have no objection to call it, with Mr Noyes, a didactic poem upon the ways of Providence; the leading design of wbich, is to establish the truth, that character is not to be inferred from external condition; and to enforce the duty of submission to the will of God. Mr Noyes has given a very full and satisfactory analysis of the book, as well in the introduction to his Version, as in the argu- ment prefixed to its several chapters, or other more natural divisions, in the notes which follow the translation; and thus the reader is prepared to peruse it understandingly. Whether this book contains a true or a fabulous history, is a question which has been often agitated. There have been some, both among Jews and Christians, who deny that such a person as Job ever existed, and who contend that the whole .JVoyess Translation of Job. 44 [Jan. is a mere instructive fiction. Again there are others who maintain as strenuously the real existence of all the persons introduced, and the literal truth of the discourses, severally ascribed to them. Warburton considers the story as allegor- ical; making Job personate the Jews, and his three friends, as they are called, three great enemies of the Jews, and his wife the idolatrous wives of the people, mentioned by Nehe- miah; thus bringing down the time to the return from the Baby- lonish captivity. But where nothing can be known, and consequently affirmed with certainty, we must content ourselves with what is most natural and probable. Now it is consonant with all our knowl- edge of antiquity, that heroic stories, and such as are intended to enforce some great moral, however much of the fabulous may be mingled with them, are founded in historical facts belonging to real agents. And we can see no reason to doubt that there was such a person as Job; a man of great possess- ions and great probity; born and brought up in affluence; power- ful and revered, beneficent and beloved; bereaved afterwards of his children, despoiled of his possessions, wasted by disease, and harassed by confident and self-constituted advisers; and who, irritated by their suspicions and reproofs, became weary of his life. And thus, when every thing went so ill with him, what more~ natural than the plaintive elegy with which the controversy between him and his three friends is closed. From this we select the following portions, in Mr Noyess Version. 0 that I were as in months past, In the days when God was my guardian! When his lamp shone over my head, And when by its light I walked through darkness! As I was in the days of my youth, When I communed with God in my tabernacle; When the Almighty was yet with me, And my children were around me; When I washed my steps in milk, And the rocks poured me out rivers of oil! When I went forth to the gate through the city, And took my seat in the street, The young men saw me, and hid themselves, And the aged arose, and stood. The princes refrained from speaking, 45 1828.] JVoyess Translation of Job. And laid their hand upon their mouth. The nobles held their peace, And their tongue cleaved to the roof of their mouth. When the ear heard me, it blessed me; And when the eye saw me, it bore witness to me. xxix, 211. But now they, that are younger than I, hold me in derision, Whose fathers I should have disdained to place with the dogs of my flock. xxx, 1. Worthless and despicable, They were driven out of the land. And now I am become their song; Yea, I am their by-word. They abhor me, they stand aloof from me; They forbear not to spit in my face. They loosen the reins, and afflict me; They cast off the bridle before me. On my right hand rise up their brood; They trip up my feet; They raise up ways for my destruction. xxx, 812. We have said that there is sufficient reason to believe that Job was a real person, and that the history is founded in truth. Ancient tradition favors the supposition. If I have any perteption of truth, says Doederlein, tradition for a long time preserved ~he memory of Job. But we are not obliged to suppose that his words are preserved with literal exactness; that a person prostrated with grief and pain, uttered himself in language the most eloquent and glowing, in an uninterrupted stream of poetical thoughts, and in poetical and metrical lan- guage too. Whatever we are told of the extraordinary faculty of the Arabs, in pouring out their unpremeditated verse, it goes but little way to account for the variety and magnificence, the beauty and grandeur of this divine poem. The scenery of the country in which it is supposed to have been written, where the inhabitants are surrounded with dark forests, and horrible precipices, and frightful solitudes, might give rise to unstudied images of terror, and naked and sublime descriptions of external objects. These must have been familiar to an in- habitant of the deserts and mountains of Arabia. But to clothe them in their moral garb, to use them in reasoning and illustra- tion, to string these pearls, if we may use an oriental figure, so as to give connexion and design to the whole, seems to be 46 .TVoyess Translaijon of Job. [Jan. the work of labor and of art. It is hardly credible, says .Afer- cer, one of the most judicious and faithful commentators upon Job, that, in the condition in which he is described to have been, he could have spoken in this way. He said more or less; and this is the sense of what he said, afterwards reduced to the present form by the writer of the book. But though there is no difficuity in believing that Job was a real person, and that the facts in the history, as well as his feelings, and the general import of his language are given with sufficient fidelity, it is impossible to ascertain with any certainty who he was, or how he became so much known to the He- brews, and so much regarded by them. All the kiiowledge we have of him is from the book itself, which seems to have no connexion with the history of the Israelites; and he is mentioned by none of the writers of their sacred books, till long after the time in which he is generally supposed to have lived, and the book which bears his name to have been written. It has been supposed by some, indeed, that he is the Jobab mentioned in Genesis, in the genealogy of Esaus descendants, and among those who rose to sovereignty in Edom or Idum~ea This opinion grew out of a spurious appendix in some of the ancient versions, describing his descent, and was countenanced by some of the fathers, who wished to leave nothing unaccounted for. But it is not usual in the writings of the Old Testament to contract or change a name without any warning; and the degree of similarity of names in this case, amounts to little, and it would in fact be entitled to no regard, if the scene of the book were not supposed by some to lie in Edom, and its ma- terials, in their opinion, to be more ancient than the writings of Moses. For, though Job claims to have been distinguished by great dignity, and to have commanded great reverence in the time of his prosperity, insomuch that princes and nobles were silent in his presence, yet there is no allusion in his dis- courses or history to his ever having been invested with royal authority. In some of the preceding remarks, we have taken it for granted that the book of Job is of Arabian origin; and in this opinion there is a sufficient concurrence among the most approved critics. But there is a diversity of opinion concerning the part of Arabia, which is called the land of Uz, where Job is said to have lived. In the Septuagint version this name is translated Ai~aii~; and Ptolemy, who is accoanted most worthy 1828.] .Noyess Translation of Job. 47 of credit in regard to the affairs of ancient Arabia, represents the A~uira~ as the inhabitants of a country near Babylon. It is accordingly placed by Spanheim, and by Rosenmiiller after him, in the northern part of Arabia Deserta, and contiguous to the Euphrates and to Mesopotamia; being the part nearest to the Chaldeans, and also to the Sab~eans, of whose incursions men-. tion is made in the introduction of the book of Job. Those who suppose that this was a part of Iduma~a, must make the distinction of West and East Iduma~a, with Calmet, which has no other basis than conjecture. Another fruitfiul subject of speculation, is the period of the history of the Hebrews to which the contents of the book of Job are to be referred. Some would make Job prior to Moses, and the history contained in the book which bears his name older than the Mosaic law; between the time of Genesis and Exodus. This opinion is founded mainly in the fact, that there is no mention of the rites, and customs, and affairs of the Israelites throughout the whole book. Now it is maintained, that Moses was the great model, or pattern, to which all the after writers constantly recurred, and that they never failed to make those allusions which showed their na-. tional origin. There does seem to be much weight in this argument, on the supposition that the work was written by a Hebrew for the use of Hebrews; though its weight is les-. sened by the consideration suggested by Mr Noyes, that all the characters are Arabians, upon whom the laws and usages instituted by Moses were not binding. And yet it seems a little remarkable, that in so large a composition of an Israelite, nothing should steal forth, even by inadvertence, which should betray his kin to the peculiar people. The lan-. guage of all the characters introduced is consistent in respect to the unity of God; but this shows nothing more than the great antiquity of the book; that it existed before pure theism was supplanted by the worship of the heavenly host; at least while just notions of the divine unity were maintained by the more thinking and enlightened, though it would seem that the worship of the heavenly host, which was probably the beginning of all idolatry, was not unknown: If I have beheld the sun in his splendor, Or the moon advancing in brightness, And my heart have been secretly enticed, And my mouth have kissed my hand, 48 JVoyess Translation of Job. [Jan. This also were a crime to be punished by the judge; For I should have denied the God, who is above. xxxi, 2628. Among the poets of Arabia, no less than among the philos- ophers, it is maintained by Sir William Jones, that a pure theism long outlived the stupid and gross idolotry which prevailed among the mass of the people. We may conclude, therefore, whoever was the writer of the book before us, that the opinions of the several characters are justly represented, even if it come down much lower than the time of Moses. The persons of the poem not being Israelites, and the place of Jobs abode not being within the realm of Israel, are thought by some to be reasons sufficient why there should not only be no mention of the affairs of the Hebrews, but why the writer should be stu- diously silent concerning them. If this view of the case be satisfactory, nothing so far is determined concerning the date of the book, and we are left at liberty to fix it at any period of the Hebrew history, where other evidence may lead to a decis- ion of the point. There are many things in this book, says Rosenmiiller (giving credit to hints before thrown out by Bernstein), which show that Job lived at a time when men were getting beyond the simplicity of the patriarchal age. Job himself lived in a city, and if he were not its chief, he was, from his own testi- mony, one of its principal men. Mention is made of the tumult of the city, of a written sentence, of words written and inscribed in a book or register, and engraven on a rock with an iron instrument. There is no evidence of the exis- tence of any kind of writing among the Hebrews before the time of Moses. Some, says Warburton, suppose letters to have been in use among the patriarchs, and to have been trans- mitted by them to the Egyptians; but there are such strong objections to this opinion, to mention no other than the patri- archs sending verbal messages, when it was more natural and more expedient to send them written, that others have thought proper to bring them down to Moses. This learned prelates own opinion is, that Moses, instead of having introduc- ed letters into Egypt, as some maintain, was there educated as well in the knowledge of the alphabet, as in the general learn- ing of the country. That the writer of the book of Job was a Hebrew, there can be little doubt, since there are in it so many sentiments, 1828.] Noyess Translation of Job. 49 and opinions, and modes of thinking, and forms of expression analogous to those in other sacred writings of the Old Testa- ment. These analogies exist between Job and the Psalms to a considerable degree, and are more numerous and striking between Job and the Proverbs; and this has led many to ascribe it to David or Solomon. It is demanded, what else can be the occasion of the agreement; whether the author of Job drew from the Psalms and Proverbs, or the writers of these last imitated Job; or the parallelisms flowed from a common fountain. In a certain sense, the last supposition seems to be the true one. And the solution given by Rosenmiil- ler appears to be perfectly natural and satisfactory, though perhaps a little too limited. The agreement which is so often detected between Job and the Psalms and Proverbs, accord- ing to him, proceeds not from imitation, but from a mode of speaking and philosophizing, a state of learning, of knowledge, and of opinions common to the same age. And, he adds, if we fix upon a time for the origin of the book of Job, we can- not be far out of the way in placing it between the time of Hezekiah and Zedekiah. in coming to this conclusion, he is influenced in some degree by the language and style, which tend towards Chaldaism. Parallel passages between Job and other parts of the Old Testament, are not confined to the po- etical or prophetical writings only, but can be traced even in the Pentateuch. Nor is there anything marvellous in this. We may take a long period in the literary history of almost any cultivated people, and find a multitude of similar examples of agreement in their poetical writings, which bring no deserv- ed suspicion of imitation or plagiarism upon the later author. This is true even in English letters, mutable as the language has been, and copious ~ it is in words and combinations. But take a language so limited as the Hebrew, the changes in which were very gradual for ages, in which so little was recorded, and so many proverbial and striking expressions were fixed in the memory; and it is not at all surprising that writings of a similar class should have many similarities of sentiment and phrase, though very remote from each other in point of time; quite as many as we find in the case we are considering, which we need not go about to account for by supposing a designed imitation. The other argument taken from the Aramaic dia- lect, to which the book of Job approaches, if it amounted to much, would go to prove a still more recent origin, than that vos~. xxvL-~--No. 58. 7 50 JVoyess Translation of Job. [Jan. which is fixed upon by Rosenmiiller. Some learned critics, and among them the celebrated Gesenius, say that all the po- etical writings of the Old Testament border upon the Aramaic dialects. Now if this be admitted, it is justly inferred that the dialect of the book we are considering does not necessarily prove the recent origin of the work, but only its poetical style. Indeed when we find, as we often do, how rashly great orien- tal critics have decided on these subjects, and how widely they differ from each other, we are disposed to value the fob. lowing caution as worthy to be placed among the canons of biblical criticism, in regard to the Old Testament; We should not judge very positively concerning the antiquity of the books, guided by a certain peculiar sound of words and style, before the history of the Hebrew language and its various dialects, are thoroughly examined and explained. We have said nothing concerning the author of Job, because we consider the attempt to ascertain this point entirely hope- less. But the canonical authority of the book is well estab- lished. Though it is not mentioned expressly by Philo and Josephus, who had no occasion to cite it, yet it is acknowledg- ed by Jerome and Origen among the christian fathers, and also in the Talmud, beside being quoted in the Epistle of James. Its having a place in the canon of. the Old Testament, is a strong proof that it was written by a Hebrew, since, as Mr Noyes remarks, the Hebrews were jealous of their religious preroga- tives, and would not be likely to admit into their sacred volume a poem written by a foreigner. Every reader of our common version of the book of Job, who has thought at all on the subject, must have frequently felt the want of an amended version, in various instances, not- withstanding the universal attachment which exists to the lan- guage of the old translation. Mr Noycs expresses great res- pect, in common with the general feeling on this subject, for the common version of the Bible; It has great merit in several respects. No new translation can or ought to succeed, which does not resemble it in language and style. For the excellence of its language, however, we are not, as is commonly supposed, indebted to king Jamess transla- tors, but to the successive translators of the Bible from the time of the first English version. Much light has been shed upon the meaning of the sacred volume, since the common version was made. The present trans.. 1828.] .TVoyess Translation of Job. 51 lator does not profess to have made discoveries. He has only at- tempted, by a careful study of the original, with the help of the best commentaries and lexicons, to bring forward for common use what has long existed, but has been locked up in ponderous folios, or in ancient or foreign languages. The notes are designed for various classes of readers, and intended to be chiefly explanatory. But with respect to the more important alterations, it has been thought best to give some of the reasons and authorities on which they were founded. introduction, p. ix. Whoever shall examine Mr Noyess list of the principal works which he has consulted, and the notes which are annexed to his version, will be alike satisfied with the extent and the im- partiality of his researches; and that they are directed mainly to the correction of false or obscure translations. Not that he has never deviated from the common version for the sake of a better word or expression, which does not essentially affect the meaning; or from taste, where the language might be im- proved, without losing any of its force; but he has never de- viated, as far as we can perceive, through affectation or caprice. He has not allowed himself the latitude, and could not, accord- ing to the rules he prescribed to himself, which Dryden gave in laying down the principles of translation from the ancient classic poets. It would be ludicrous, indeed, to make a He- brew speak, as he would have spoken, if he had spoken in English. But there is a due regard to our vernacular idiom, which must be observed by a translator from writings in any language, or of any age. And it happened from inattention to this particular, ~ind from false notions of fidelity, that ob- scurities were allowed by our old translators to deface their work; obscurities nearly allied to error, and calculated some- times to mislead the reader. While the Germans abound with translations of this and other books of the Old Testament, both in Latin and in their vernacular tongue, English theologians and scholars have been very sparing of similar labors. There is no English version of Job of much critical and poetical pretensions combined, except that of John Mason Good; and in our opinion the pretensions of this version in neither respect are very well sustained. The simplicity which ought to reign in the translation, is too often marred by a forced inversion of language, by unusual words and far-fetched interpretations, by an affected compounding of terms, and an ambitious display of poetical phraseology. 52 .TVoyess Translation of Job. [Jan. Take, for example, the commencement of the poem, where Job breaks out in execrations of the day of his birth. Perish the day in which I was born! And the night which shouted, a man child is brought forth! 0! be that day darkness! Let not God unclose it from on high! Yea, let no sunshine irradiate it! Let darkness and death-shade crush it! The gathered tempest pavilion over it! The blast of noon-tide terrify it! That nightlet extinction seize it! Let it not rejoice amidst the days of the year, Nor enter into the number of the months! Goods Job, chap. iii, 36. Perishthedayinwhich Iwasborn, And the night which said, A man child is brought forth! Let that day be darkness; Let not God regard it from above; Yea, let not the light shine upon it! Let darkness and the shadow of death dishonor it; Let a cloud dwell upon it; Let the deadly heats of the day terrify it! As for that night, let darkness seize upon it; Let it not rejoice among the days of the year; Let it not come into the number of the months! Noyess Job, chap. iii, 3.-6. We should be willing to leave it to every reader of taste to say, which of these translations best comports with the notions he has formed of the circumstances that ga~*e rise to these im- passioned exclamations; which is most conformable to the natural language of passion. And we hazard nothing in affirm- ing that Mr Noyess version of the passage is more faithful, and corresponds much more nearly to the versions of the best translators and critics. Dr Goods governing reason for shouted instead of said, is, that it is more spirited; but to our ears, it is a term rather too riotous. Unclose is a meaning of remote inference from the primary meaning of the original. Sunshine irradiate it, tem- pest pavilion over it, and extinction seize it,are instances of departure from the simplicity of the Hebrew phraseology. Let the tempest pavilion over it, is what Mr Noyes renders in the same way as is done in our common version, and with literal exactness, let a cloud dwell upon it. Death-shade 1828.1 Aoyess Translation of Job. 53 instead of shadow of death, which last is familiar to every reader of the English Bible, and translated in Latin versions umbra mortis, is adopted for no other reason, as we can per- ceive, but because it is a compound similar to the Hebrew. But shadow of death is the literal rendering, and death- shade is an inversion of the words of the Hebrew compound. Crush, in the same line, instead of dishonor or pollute, is substituted from the meaning of a supposed kindred verb in Arabic; a kind of criticism always requiring caution, but very dangerous as it is wielded by Dr Good, and in the present case introduced in defiance of all the rules of etymology, which regard the analogy subsisting between the Hebrew and Arabic letters. There is a diversity in one line, in the passages cited, be- tween Dr Good and Mr Noyes, and other translators, which is worth remarking as affording an instance of great obscurity in the original; and by no means a solitary instance in this book. The blast of noon-tide terrify it! Good. Let the deadly heats of the day terrify it! Noyes. Let the blackness of the day terrify it! Common Version. Horrificent cum dirissima quieque! Rosenmihler. Ihn schrecke jegliches Unheil! Augusti und De Wette. The literal meaning of the word that has given rise to these different interpretations, depends on its derivation; and it sig- nifies, according to the primitive, either heat or bitterness. The noun is in the plural form, and is followed by the word signi- fying day. Dr Good takes his flight from the a~stus, or vapo- a3stus, of Cocceins, to pestilential vapors, and thence to black blasts, and thence to poisonous winds (videlicet, Si- moom or Samum), till he lights upon the poetical phrase blast of noon-tide. Mr Noyes, without superinducing one meaning upon another, takes the sense which naturally flows from the primitive, according to Gesenius (and he might have added, Buxtorf, Cocceius, and others), and adds an epithet not un- suitable to the intensive signification of the word, deadly heats. The word used in our common version is authorized by some learned lexicographers. The translations of Rosenmiiller and De Wette are founded upon a different supposed primitive the bitternesses of the daywhatever evils could befal it. 54 .APoyess Tran~slation of Job. [Jan. We forbear to enter into any minute criticism of the passa- ges, which we have selected from the two versions of Dr Good and Mr Noyes. What we have done is merely from a wish to give the general reader as fair and intelligible a view as we are able in so short a compass, and from a single specimen, of the relative merits of these two translations. For Dr Goods ver- sion, with the introduction and voluminous notes, is a large volume, and one of imposing appearance; and when we are calling the public attention to a new English version, the merits and defects of its predecessor come fairly before us. To our taste, Dr Good has too many wayward fancies in his mode of interpretation; he is too much afraid of simplicity, which we should think, from some of his renderings and annotations, he holds to be a word synonymous with feebleness; he is often drawn out of his way by remote analogies, and is so fearful of creeping, that he ever and anon soars aloft with too venturous wings. Though a man of various learning, we have not so much confidence as we could wish, in the accuracy of his oriental learning. By his frequent use of it, he would seem to claim some eminence in this department; but from the mul- titude of errors which might be pointed out in his criticisms, it can hardly be allowed him. Many of these errors were exposed some years since by the Eclectic reviewers; and thus bringing upon themselves a pretty angry attack from the author, they afterwards made very thorough work in the execution of their thankless office; and in their efforts to increase the amount of evidence, sometimes perhaps bordered upon hypercriticism, and sometimes made the critic answerable for all the untrac- tableness of the types. But after the most generous deductions, enough remained to establish the fact, that he was not among the number of accurate and careful critics. And we might proceed to show, what, if we rightly remember, was not re- marked upon in those reviews, namely, that his criticisms drawn from languages kindred to the Hebrew, particularly from the Arabic, are often unsound, and sometimes founded in radical mistakes concerning the etymology of words. Mr Noyes, on the contrary, cautiously feels his way, and if he sometimes errs, as well he may, in his interpretations, it is where there is great uncertainty about the true course. His object is always to give some meaning; and this, especially where no essential doctrines are involved, but only the purpose of giving connexion and intelligibleness to discourse, is certain- 1828.11 JVoyess Translation of Job. 55 ly better than giving no meaning at all. We may say of Job, what a celebrated translator of ancient classic poets said of Persius; that the most skilful interpreter can only divine his meaning in some cases, and cannot be sure that he has divin- ed rightly. In such cases, it is not the translators business to make nonsense, or throw about the passage a convenient am- biguity, but, after weighing probabilities, to come as near the authors sense as he can. Such appears to have been the process in producing the Amended Version, which is distin- guished by its simplicity and good taste, and bears the marks of patient investigation and good judgment. In the introduction to this book, there occurs four times a word, which, in the rendering of our common version, has probably struck most readers as a very harsh expression. In the fifth verse of the first chapter, Job says, It may be that my sons have sinned, and cursed God in their hearts. In the eleventh verse, Satan says to Jehovah, Put forth thine hand now, and touch all that he hath, and he will curse thee to thy face; and again in the fifth verse of the second chapter, Touch his bone and his flesh, and he will curse thee to thy face. In the ninth verse of the same chapter, his wife says to Job, Curse God and die. Now that the same Hebrew word, and a word that constantly occurs in the Old Testament, sig- nifying bless, should here seem to require an opposite render- ing, has been somewhat of a crux interpretum. We remem- ber to have heard of a gentleman, when in a state of pupilage, who was well nigh won by an Oriental Professor to join the Hebrew class, being so appalled with the uncertainty of the language, from the unlucky mention of this case by the pro- fessor, that h& renounced his purpose in despair. But Dr Good would restore the word to its legitimate and primary meaning in all cases, and remove all the difficulties in the in- stances here cited. This he does by a process, to speak very gently of it, yarci detortum; and by liberties which no critic probably will grant him. He translates My sons may have sinned, nor blessed God in their hearts. i, 5. Will he then in- deed bless thee to thy face? i, 11, and ii, 5. Dost thou hold fast thine integrity, blessing God and dying? ii, 9. The vio- lence done to the original in the first instance, is that of giving the connective vav a negative signification, nor, the same as and not, while the preceding member, with which this is con- nected, is affirmative; and with all the latitude which must be 66 JVoyess Translation of Job. [Jan. given to this connective, we are confident that the use here supposed by the translator, is unexampled. The second and third instances, rendered interrogatively, are also wholly unau- thorized, and are vindicated by no examples. The compound particle used in the Hebrew, implies a strong asseveration; for- mula juramenti, as some of the lexicographers express it. If therefore it admits of an interrogative form, in any case, the negative part of the compound must not be overlooked; and instead of Will he then, indeed, bless thee, we must supply a small word, and read, Will he not then, indeed, bless thee, which is an emendation that would not be quite suitable to Dr Goods purpose. The case of Jobs wife, as it is commonly understood, is the most revolting of all. Perhaps the notion of an ironical use of the word is not unsuitable in this place; though we should rather favor a similar sense to that in which we think the word is used in the preceding cases. Now if there is a secondary use of the word, not unlike that which often takes place in all languages, which affords an explanation of these passages, such as will approve itself to the judicious, then it is worthy to be adopted. Mr Noyes has given a good summary of the reasons which have induced him, in common with many eminent critics, to adopt the rendering in his Version, in which he has preserved a uniformity in the several texts we have quoted from the common version and from Dr Goods translation. Chapter i, verse 5.and renounced God in their hearts; i. e. been unmindful of him, dismissed him from their thoughts, or withheld the reverence and homage which are his due. It is hardly credible that Job suspected his children of cursing God. He was only apprehensive lest the gaiety of a festival had made them forget God, and neglect his service and worship. rrhe term ~ generally signifies to bless. It was the term of salutation between friends at meeting and parting. See Gen. xxviii. 3. xlvii. 10. In the latter use of it, it corresponded to the English phrase, to bid farewell to, and like that came to be used in a bad sense for to renounce, to abandon, to dismiss from the mind, to disregard. It may imply disregard, neglect, renunciation, or ab- horrence, according to the connexion in which it is used. Xa4~w in Greek, and valere in Latin, are used in the same way. Thus Eurip. Med. 1044. 1S28.] Jtoyess Translation of Job. 57 And Cicero in a letter to Atticus (viii. S.), in which he complains of the digraceful flight of Pompey, applies to him a quotation from Aristophanes; srotXd~ zai~rtv r~rc~v TC~ xo6tc~, bid-. ding farewell to honor, he fled to Brundusium. Another instance of this use of valere is in Ter. 4nd. iv. 2. 14. Valeant, qui inter nos dissidium volunt. Also in Cic. de Nat. Deor. i. 44, near the end; Deinde si maxime talis est Deus, ut nulid gratid, nuild horn- mum caritate teneatur, valeat! See Schultens and Rosenmuller. Notes, p. 4. We might proceed to point out many particular instances, in which Mr Noyes has improved upon the common version. In the chapter which contains Jobs execrations of the day of his birth, a part of which we have quoted in another place, is the following passage; Let the stars of its twilight be darkened; Let it long for light, and have none; Neither let it see the eyelids of the morning. iii, 9. Eyelids of the morning is an oriental image, literally trans- lated, which we think with Mr Noyes is worth preserving; though some may prefer the dawning of the day, in the com- mon version, as being more adapted to the comprehension of most readers. Milton transferred this oriental pearl to our language, which circumstance is noticed by Mr Noyes; Under the opening eyelids of the dawn, We drove afield. There is a passage in a succeeding chapter, of doubtful in- terpretation, which Mr Noyes has left untouched. Behold, man is born to trouble, As the sparks fly upward. v, 7. The literal meaning of the phrase here rendered sparks, is, according to most of the lexicons, sons of heat, or of a live or burning coal; suggesting as naturally as any thing, sparks. But it is variously rendered arrows, coruscations, eagle, vul- ture, bird of prey, bird-tribes. It is no want of good judg- ment in Mr Noyes, since the present version gives as true an illustration of the thought, and as probable a meaning of the words as any other, to suffer it to remain unaltered. The following passage is rendered in a manner much more clear and intelligible than we find it in the common version. VOL. XXVI.NO. 58. 8 58 A/oyess Translation of .Job. [Jan. But my brethren are faithless like a brook; They pass away like streams of the valley, Which are turbid by reason of the melted ice, And the snow, which hides itself in them. As soon as they become warm, they vanish; When the heat cometh, they are dried up from their place. The caravans turn aside to them on their way, They go up into the desert, and perish. The companies of Tema look for them, The caravans of Sheba expect to see them; They are ashamed that they have relied on them; They come to the place, and are confounded. vi, 1520. Caravans is perhaps somewhat objectionable, because it is the mere translation of one oriental word into another, and the translation of an ancient and more general term, into one comparatively modern, and more specific. And it is a little capricious, perhaps, to translate the same Hebrew word, in the second instance, companies, and a different word again cara- vans. In neitber case, however, does it materially affeut the sense. We incline to Mr Noyess version, The caravans turn aside to them on their way, rather than to our common ver- sion, The paths of their way are turned aside; though critics are not entirely agreed in this case. We could proceed with a good relish to cite examples through the book, which vindicate its title, an. amended version. But we should in this way occupy a disproportionate share of room for this article. We shall therefore content ourselves with a remark or two on the Notes annexed to this version. In comparison with those of Dr Good, they are in quantity about one fifth. They are always to the purpose, while those of his predecessor comprehend all imaginable things, supposed to bear upon the subjects of the text. Mr Noyess notes will be found very useful, not only by enabling the reader to preserve the thread of the discourse, but also by showing the meaning of particular passages, and of apposite metaphors and compar- isons; by illustrating local allusions, whether relating to modes of life and personal occupations, or to peculiarities of country, to climate, and soil, and natural scenery, and natural produc- tions; all of which serve to give beauty and individuality to the descriptions, and afford those embellishments, which can- not always be understood or enjoyed without something of the critics aid. 1828.] Ilmerican Missionaries at the Sandwich Islands. 59 If there is anything of superfluity in Mr Noyess Notes, it is in the illustration of the sentiment in the text of his version, in some cases where it is not uncommon or peculiar, by citation from the ancient classics. A great l)OrtiOn of these illustra.~ tions and coincidences are indeed such as we should be un- willing to spare; and we know that it is so much to the taste of many scholars, that for them there is little danger of excess. In the case before us, however, we consider the remark of consequence rather for caution than for censure. All that we should expunge would make a very slight diminution of the materials of the volume. We feel in duty bound to say, that the kind of learned labor exhibited in this volume has, in our opinion, fallen into very competent hands; and we have little doubt, that the public mind is prepared, or may easily be prepared to welcome the toils of the learned, who shall succeed in giving a more pure and intelligible translation of the sacred writings, if the same respect is shown to the language of our common version, which Mr Noyes so constantly manifests. ART. I1I.-.--1. Voyage of His .Majestys Ship Blonde to the Sandwich Islands, in the Years 18245. Captain the Right lion. Lord Byron, Commander. London. 1826. 4to. pp. x. and 260. 2. Narrative of a Tour through Hawaii. By WILLIAM ELLiS, Missionary, from the Society and Sandwich Is- lands. Third Edition. London. 8vo. pp. 480. 3. Review of the preceding works in the London Quarterly Review, No. LXX. pp. 419445. 4. The Rev. C. S. Stewarts Letters on the Sandwich Is- lands, as published in the Boston Daily Advertiser. THE attentive reader of voyages and travels must have observed a very great diversity in works of this kind. Some, though relating to unpromising fields, contain much to excite attention and reward a careful perusal; while others, in which interesting countries are described by eye-witnesses, exhibit nothing but tedious specimens of barrenness and stupidity.

American Missionaries at the Sandwich Islands 59-111

1828.] Ilmerican Missionaries at the Sandwich Islands. 59 If there is anything of superfluity in Mr Noyess Notes, it is in the illustration of the sentiment in the text of his version, in some cases where it is not uncommon or peculiar, by citation from the ancient classics. A great l)OrtiOn of these illustra.~ tions and coincidences are indeed such as we should be un- willing to spare; and we know that it is so much to the taste of many scholars, that for them there is little danger of excess. In the case before us, however, we consider the remark of consequence rather for caution than for censure. All that we should expunge would make a very slight diminution of the materials of the volume. We feel in duty bound to say, that the kind of learned labor exhibited in this volume has, in our opinion, fallen into very competent hands; and we have little doubt, that the public mind is prepared, or may easily be prepared to welcome the toils of the learned, who shall succeed in giving a more pure and intelligible translation of the sacred writings, if the same respect is shown to the language of our common version, which Mr Noyes so constantly manifests. ART. I1I.-.--1. Voyage of His .Majestys Ship Blonde to the Sandwich Islands, in the Years 18245. Captain the Right lion. Lord Byron, Commander. London. 1826. 4to. pp. x. and 260. 2. Narrative of a Tour through Hawaii. By WILLIAM ELLiS, Missionary, from the Society and Sandwich Is- lands. Third Edition. London. 8vo. pp. 480. 3. Review of the preceding works in the London Quarterly Review, No. LXX. pp. 419445. 4. The Rev. C. S. Stewarts Letters on the Sandwich Is- lands, as published in the Boston Daily Advertiser. THE attentive reader of voyages and travels must have observed a very great diversity in works of this kind. Some, though relating to unpromising fields, contain much to excite attention and reward a careful perusal; while others, in which interesting countries are described by eye-witnesses, exhibit nothing but tedious specimens of barrenness and stupidity. 60 L1merican~ .Miissionaries at tke [Jan. Among the travellers of the present day are men, who have displayed high qualities of the mind and the heart. Laborious, discriminating, patient, cautious, and possessing a most amiable candor, they have evinced not only a scrupulous regard to truth, but a conscientious fear of doing injustice to individuals, or communities, by hasty and unauthorized representations. A far greater number, however, have written with little knowl- edge, and less consideration; and have sent their crude spec- ulations and random assertions into the world, without the slightest sense of responsibility. Matter is furnished for the pages of the splendid quarto, with as little deliberation, as is observable in the preparations of the most careless editor of a daily newspaper; and charges, deeply affecting the character of large classes of men, are made with as little ceremony, as by the vehement bar-room politician, against a party to which he is opposed. It is expected, in the mean time, that the splendid quarto will be praised in the popular reviews; and, if it flatters national prejudices, or ministers to national vanity, this expectation is pretty sure to be realized. Thus rash calum- nies are propagated, to an indefinite and most injurious extent. Erroneous impressions are made upon the minds of multitudes in all parts of the civilized world; and not a few individuals, who would otherwise have been impartial, form and cherish antipathies which will never be eradicated. It is obvious, from this view of the subject, that all who wish to obtain correct information, to discriminate between un- doubted facts and heedless conjectures, and to avoid becoming the dupes of the shallowest impositions, should first ascertain the character of the traveller, and the means of information which he possessed, and should thus fix his claims to credi- biiity. This may often, but not always, be done by looking at the internal evidences only. In the cases before us, there are other means of judging. The narrative of Mr Ellis was reviewed in our work.* It was published in this country and in England, contempora- neously; and the third edition issued from the London press, in a little more than a year from the appearance of the first. The second and third editions were successively enlarged by the introduction of much new matter. A portion of these additions relates to the government and usages of the islands; and, as * No. LI, pp. 334364. 1828.1 Sandwich Islands. 61 the information respecting this topic is more authentic and more particular, than any which has heretofore appeared, we make the following extracts. The government of the Sandwich Islands is an absolute mon- archy. The supreme authority is hereditary. The rank of the principal and inferior chiefs, the offices of the priests, and other situations of honor, influence, and emolument, descend from fath- er to son, and often continue through many generations in the same family, though the power of nomination to every situation of dignity and trust is vested in the king; and persons by merit, or royal favor, frequently rise from comparatively humble rank to the highest station in the islands, as in the instance of Karaimo- ku, sometimes called by foreigners, William Pitt. This individ- al, from being a chief of the third or fourth rank, has long been prime minister, in rank second only to the king, and having, in fact, the actual government of the whole of the Sandwich Islands. Hereditary rank and authority are not confined to the male sex, but are inherited also by the females; and, according to tradition, several of the islands have been once or twice under the govern- ment of a queen. Four distinct classes or ranks in society appear to exist among them. The highest rank includes the king, queens, and all the branches of the reigning family. It also includes the chief counsellor or minister of the king, who, though inferior by birth, is by office and authority superior to the queens and other members of the royal family. The second rank includes the governors of the different islands; the third, the head men of districts or villages; and the fourth, very small landholders, and all the common people. Every island is given by the king to some high chief, who is supreme governor in it, but is subject to the king, whose orders he is obliged to see executed, and to whom he pays a regular rent or tax, according to the size of the island, or the advantages it may possess. Each island is separated into a number of permanent divisions, sometimes fifty or sixty miles in extent. In Hawaii there are six, Kohala, Kona, & c. Each of the large divisions is gov erned by one or two chiefs, appointed by the king or by the gov- ernor, and approved by the former. These large divisions are divided into districts and villages, which sometimes extend five or six miles along the coast; at others, not more than half a mile. A head man, nominated by the governor, usually presides over these village~ which are again subdivided into a number of small farms or plantations. The names of these are generally signifi- cant; as Towahai, the waters broken, from a stream which runs 62 dmerican Missionaries at tlze [Jan. through the district, and is divided near the sea; Kairua, two seas, from the waters of the bay being separated by a point of land, & c. Although this is the usual manner in which the land is dis- tributed, yet the king holds personally a number of districts in most of the islands, and several of the principal chiefs receive districts directly from the king, and independent of the governor of the island in which they are situated. The governor collects and pays over taxes for the king. He also makes exactions on his own account. The smaller chiefs demand rents and services from their inferiors; so that, by all this process, the poor laborer is kept in a state of abject poverty. It is manifest, that so far as the principles of christianity are received and obeyed, the government of the islands will assume a more mild and equitable character. In the last chapter but one of Mr Elliss book, and in the Appendix, are numerous facts respecting the language of the Polynesians, and the question of their supposed origin, to which we may advert, in a subsequent part of this article. All the discussions, on these and other subjects, are conducted by Mr Ellis with becoming caution and modesty. His work abounds in matter of deep interest, and sustains a truly respectable rank among books of this class. What degree of credit is due to the voyage of the Blonde, our readers will have some means of judging, when they learn in what manner the book was made up, and how difficult it is to find a responsible author. A frigate had been sent by the British government, on a voyage of kindness to a remote tribe of uncivilized men, under the command of a nobleman, who had just succeeded to the title of his relative, the most distinguished poet of the age. Under these circumstances, the return of the ship naturally presented to the eager and wakeful mind of a London book- seller, the inquiry, whether a profitable use could not be made of almost anything, which should commend itself to the nobil- ity and gentry of Great Britain, as a voyage under the auspices of Lord Byron, whose grandfather had signalized himself in the Pacific, and whose immediate predecessor in the title, endow- ed with a genius, which cast all titles into the shade, had re- cently fallen in the cause of Grecian liberty. Application was therefore made to Mr Bloxam, the chaplain of the Blonde, 1828.] Sandwich Islands. 63 for such materials as he might be able to furnish. This gen- tleman kept a journal, but with what regularity, or with what pretensions to accuracy, does not appear. One of the Amer- ican missionaries, saw many parts of this journal, at the time when it was composed; but of these parts, very few are to be found in the volume before us. The papers of Mr Bloxam, however, such as they were, or at least some of them, were put into the hands of the publisher. The writer could not, or would not, prepare them for the press. He left England in haste, to enter upon the duties of a foreign chaplaincy. We do not believe that Mr Bloxam had unfriendly feelings towards the American missionaries; or that he would have spoken of them otherwise than in. terms of respect. Just as he was about sailing from Portsmouth, he heard of Mr Stewarts arrival in London, from the Sandwich Islands, and immediately sent a friendly note to him, regretting that imperious circumstances would prevent the renewal of their former agreeable inter- course. The ordinary rules of politeness did not require this attention; and there is no reason to think it would have been shown, if Mr Bloxam had cherished the spirit, which is ~often apparent in the Voyage, and in the Review, which it called forth. We have arrived at the first stage in the production of a book of travels. Scraps of a journal are deposited in the hands of a bookseller. These scraps, however, not being judged suitable for the eye of the public, either because they contain- ed too little or too much; because they wanted connexion or consistency, or would reflect credit on men whom it was not thought expedient to praise; for some of these reasons, or all of them united, were delivered to a Mrs Graham, a sort of literary redacteur, or intellectual mechanic, whose wady ser- vices must be of special importance to the trade. In this way, with a few hasty notes for the elements of the composi- tion, travels can be written in London, and suited to every meridian and climate in the world. In the case before us, however, Mrs Graham was not satisfi- ed with the notes of Mr Bloxam. That it would have drawn too heavily upon her powers of invention, if she had under- taken to fill up all the chasms in the voyage, we dare not as- sert. She thought it well to apply to some of the junior officera of the Blonde for their journals, which they were so kind as to submit to her inspection. She sought an interview 64 slflwrwan Jlltsstonaries (At the [Jan. with the American missionary, then in London, who, having heard from her own lips some of the misstatements, which now appear in the work, frankly corrected them; and told her plainly, that if she relied upon some of the authorities, which she had quoted, she would be egregiously misled; for with-. out impeaching the character or motives of the midshipmen, whose journals she possessed, it must be perfectly evident, that, as they knew nothing of the native language, and had few opportunities of learning the condition of the people, or the effects of the mission, and as they must derive much of their information through very suspicious channels, it would be altogether unsafe to send reports forth to the world, merely because they might have been entered in the private diaries of these youthful officers. To the foregoing particulars, in regard to the origin and manufacture of this book, the public have a right; and it is hoped that they may not be useless as a specimen of the art and mystery of writing travels, especially as taken in connex- ion with what will appear in the sequel of this article. On examining the book, it is apparent that very free use is made of Mr Elliss narrative, which was published only a few months previously. Nearly all the most interesting facts, re~ lating to the traditions of the islanders, and the history of the islands, are taken from this source. Mr Ellis must doubtless consider himself highly honored by such condescension, as the acknowledgment is made in so remarkably courteous a man- ner, by placing at the bottom of the page, the words See Ellis; which token of gratitude and respect meets the eye very frequently, though not so frequently as justice would require. It must, also, be quite comforting to the purchaser of a two guinea book, to see that all the best passages are taken from a contemporaneous work on the same subject, which contains much more than the work he is reading, and on incompar- ably better authority; and which can be had for one third of the money. It is remarkable, too, that fragments which were furnished by the American missionaries, as illustrations of the language of the natives, and of their skill in composition, are inserted without scruple; and, in return for this politeness to their vis- iters, the missionaries are treated with contempt and calumny. Acknowledgment is made to Mr Bingham, in the body of the work, for a translation of a native song, which is there Sandwich islands. 1828.] 65 copied; but as it was deemed convenient, in several subse~ quent passages, to hold up Mr Biugharn to reproach and scorn, another native song, of which he gave a copy, both in the orig- inal and in a translation of his own, is inserted in the Appendix, without any acknowledgment whatever. It doubtless occurred to the delicate mind of Mrs Graham, that it would not be well to make too free with a name, which she had vilified; and that some of the literary labors of Mr Bingham, in thig depart- ment, had better stand to the credit of the joint concern of Bloxam and Co., of which concern she was the factor. In like manner, a particular account of the pule ana-ana, or death-prayer, which was copied, hy permission, from the pri- vate journal of Mr Stewart, is published in the Appendix, with the vague acknowledgment, from the missionaries. In a word, everything which could he obtained from the portfo-. lios of the missionaries, or gleaned from their conversation, to fill out a dull and disjointed narrative, and impart some sort of animation to heavy pages, was greedily seized and thrown into the small collection of heterogeneous materials for a hook, the principal design of which appears to have been, as the principal effect will he, to make prejudiced and ill informed readers think contemptuously of Americans, and of the character and lahors of the American missionaries. To fill the volume, it was necessary to give a long account of the visit of Riho-Riho to London, where he died. Many frivolous things are mentioned, and even the tavern bills of the party are commemorated; but it is perfectly evident, that the writer had no means of discovering the real views and feelings of this young king and his followers. On her homeward passage, the Blonde touched at several small islands, and at two or three ports on the western coast of South America. Incidents of this kind serve to give some variety; and we think that, in all these parts, the journals of the midshipmen were used. The last article in the Appendix, is an accurate and officer-like survey of the harbor of Waiakea, or Byron bay, on the eastern coast of Hawaii, hy Lieutenant Malden, of the Blonde, with useful notices of other harhors in the Sandwich Istands. This article is of more value, than all the rest of the hook, because it may be relied on. As to the hody of the work, if we take away all that Mr Ellis and the American missionaries have been made to con- tribute; a few tolerahle passages, which doubtless were copied 1~OL. XXVI.NO. 58. 9 66 ./lmerican .Jffissionaries at the [Jan. from Mr Bloxams journal; and some gross misrepresenta.. tions of facts, on which we propose to animadvert; the remain- der will exhibit a specimen of as complete inanity, as can well be imagined. There is one good thing about the book, and that is its brevity.. After all the labor to collect matter from so many sources, and to make much out of a little, the whole could be printed, and not very closely, in a duodecimo volume of two hundred pages. If we are asked, who is responsible for the accuracy of the statements in the work, we are happy to say, that Lord Byron ts not. It does not appear, that he ever saw a sentence of original composition that it contains, or that he directly or in. directly sanctioned the publication. Some anonymous cor- respondents appear to have had a hand in it; and among them, and the midshipmen, and Mrs Graham, and Mr Blox~. am, the responsibility must be divided, according to the skill, judgment, and conjectures of the reader. That Mr Bloxam is not peculiarly, or especially, responsi-. ble for any obnoxious statement or passage, which can be pointed out, we think is plain from the following sentence in the preface. The editor is conscious, that some things may have been omitted, and some, possibly, mistaken, notwith.. standing every endeavor to do justice to the work, owing to a want of that local knowledge, which Mr Bloxam, as an eye-witness, must have possessed, and with which he would, no doubt, have extended and adorned his narrative, had he fortunately remained to prepare it for publication. Indeed! Some things may have been omitted. How omitted? Strick- en out of the manuscript of Mr Bloxam? Did not the editor know, that many things were actually omitted, in this man-~ ner? Or is the meaning, that some things may be deficient, which her own imagination could not supply, but which were necessary to explain what was inserted? Again, Some things may possibly be mistaken, owing to a want of local knowledge. Undoubtedly. The man or the woman, who undertakes to fill up chasms in a book of travels; or to form into one tex- ture shreds and patches, from the journals of different writers, and from hearsay reports, not only may possibly be mistaken, but, without a miracle, must inevitably fall into error. It is impossible that a work, thus formed, should sustain any char- acter for accuracy. MrB Graham calls herself the editor. We should call her :67 1828.] SandwicJ~ Island:. the fabricator, not using the word here in the odious sense (which would be to prejudge the question), but in a meckan-. ical sense, as accurately descriptive of the kind of smithcraft, which she must have used in connecting the detached links placed at her disposal. We might here stop, and dismiss the book as nearly worth- less; and we should do so, if its tendency were not highly pernicious. Nor would even this consideration induce us to proceed, were not the evil greatly magnified, by the currency which is given, through reviews and other channels, to what is pernicious, as well as to what is useful, in works which are constantly issuing from the press. It is to he remembered, also, that the exposure of blunders and perversions in one publication, may supersede the necessity of exposing similar blunders and perversions, should They be repeated; and that some of the greatest benefits of criticism result from its ope- rating by way of example. The editor (for so we must call her) manifests a commen- dable zeal to display whatever knowledge is within her reach. In the following instance, she really supposed she had advanc-. ed beyond ~Mr Ellis. The Sandwich islanders, says she, reckon-by forties, or, as we may say, double scores; they call forty teneha; ten tenehas is one Ian; ten lau a mann; ten manu a kini; ten kini a lehu; ten lehu a nurwanee; ten nurwanee one pao. In a note, it is added, Ellis, in his Appendix, says the islanders only count . as far as the kini. It is true that,according to Mr Ellis, the natives count only-to five denominations; that is, to four hundred thousand; and he had inadvertently transposed the kini and leAn, putting the kini last. The editor would represent the natives as going two denominations further; that is, to forty millions. Now it would seem somewhat remarkable, that Mr Ellis, after resid- ing two years at the Sandwich Islands, and six years at the Georgian Islands, where a dialect of the same language is spoken, and after conversing and preaching in these dialects, as readily as in English, should not have discovered the ex- tent of the numerals so accurately, as a person who could con- verse with the natives only by an interpreter, and who prob- ably never even attempted to study the language. This mystery is explained at once, by a member of the American mission, who has recently returned from the islands. The word narawali, improperly written nurwanee, means for- 68 Ilmerican ~Missionaries at the Pan. gotten, unknown, unthought of; and the word pau, wrongly written pao, means all, or the whole. When the native was questioned, either in London, or at the islands, What do ten lehu make? or What comes next? he doubtless answered, .Narawali; by which he meant, 1 can go no further, all beyond ss unknown. The unsuspecting Englishman, however, sup- posed he had got a new denomination; and, in fresh pur- suit of another, inquired What next? or, What do ten nara- wali make? To which the native answered, Pau; I have said all I can say; and this was written down as a regular numerical denomination; so that, in conclusion, when the Englishman comes to understand his own system of notation, he will find that ten lehu make one unknown, and ten unknowns go for the whole. In what manner the Englishman was made to understand, that the native had actually, and absolutely, arrived at the very ne plus of his knowledge, we can only guess. Probably it was by some significant gesture. One favorite design of the editor, is to make it appear that the Sandwich Islands are under the special guardianship of Great Britain. With the political reasons, which relate to this subject, it is not our design to intermeddle. Whether it would be wise, or unwise, for the British or the American cabinet to desire colonies in the Pacific, we leave for others to decide. There is no doubt, however, that things are now tending to- ward the occupation of these islands by a foreign power; and this result seems inevitable, unless the natives should become so far civilized, as to institute an efficient police, and cause their rights to be respected. Though we are so often reminded of the kindness shown to the islanders by the British government and people, there is one passage at least, which indicates that this kindness is not absolutely and purely disinterested. Besides, the commercial interests of England, in the Pacific, are likely to be greatly injured in case the Sandwich Islands should fall into the hands of the Russians or Americans, and it was of some importance to grant the protection the king had come to seek,for our own sake, as well as for his. p. 752. Whatever may he thought of the British government taking the Sandwich Islands under its peculiar guardianship, or what- ever this relation may imply, there can be no doubt, we should presume, that the common interest of the commercial world Sandwich ~blands. 69 1828.] will be promoted, by that elevation of moral and intellectual character, which it is the object of missionary labors to impart. More than a hundred vessels now touch at the principal port in these islands, in a single year. Most of them are large ships, having a full complement of men and valuable cat- goes. As the population of North America increases, and especially when the western coast shall be inhabited by civil.. ized communities, the resort to these islands will be incalcu- lably great. If the natives shall then be orderly, industrious, and virtuous, the intercourse may be reciprocally beneficial. It would seem most likely to give satisfaction to all, if a strict neutrality were observed, and all were permitted to pursue commerce and obtain refreshments, on conforming to impartial and salutary regulations. The subject is one of considerable importance, and deserves the particular attention of the Rus- sian and American governments, as it already has the attention of the British. The account of the religion of the islanders, which is pre- sented in the Voyage, is totally unsupported by evidence, and directly against the testimony of Mr Ellis and the other missionaries. It is just such an account, as might with equal propriety be inserted in any other book of travels among a heathen people; and, in almost all cases, it would be directly opposed to facts. But let us look at one of these passages. The belief of a Supreme Being, the author of all nature, and the peculiar protector and father of the human race, was the foundation of their creed, in common with that of all the tribes of men, who have begun to think of more than the supply of their physical wants. p. 10. They deified the operations of nature, and placed between man and the Supreme Creator, a race of intermediate and gener- ally benevolent beings, to support and comfort him. Ibid. Now it will appear, on a very slight examination, that the creed here mentioned is a mere fiction, without a particle of evidence to sustain it; though it has been so often repeated, that superficial writers and credulous readers believe it to be a reality. In some few tribes of North American Indians, there seem to have been traces of a belief in an omnipresent and all powerful Deity; and in these tribes there was no idol-wor- ship. But among other tribes of our continent, there is not the slightest proof, that the conception of God, as a spiritual being, or as a being who takes an interest in human affairs, ever en- 70 ./lmerican Jllisstonctrzes at the [Jan. tered the minds of any of the people. And the same is true of almost all the human family, who have not derived their religious faith, either directly or remotely, from revelation. But to return to the Sandwich Islands. The natives had no idea of a Supreme Being, the author of all nature, and the peculiar protector and father of the human race, nor of a race of intermediate and generally henevolent beings to support and comfort man. The only motives to religious worship, seem to have been a hope of averting the malevolent influence of evil deities, or of directing that malevolence upon enemies, in time of war, or of keeping the common people in a state of servility to the chiefs. The thought of support, or comfort, to he derived from these odious heings, or of moral accounta- bility to a superior power, or of moral principle as applicable to the conduct of either gods or nien, much less of a pure, spir- itual essence, governing the world and pervading all things, never entered the mind of a Sandwich Islander, till he derived it from European and American visiters. The ascription of enlarged and sublime thoughts of the Deity to the Polynesian tribes, is as mere a fahrication, as it would be to pretend that they were acquainted with the astronomical discoveries of Newton or Laplace. It is doubtful whether any of their dei- ties were of a higher character, than that of deceased kings and giants. Polyphemus and Enceladus would come up to their standard; and prohably Hercules, ce.rtainly Neptune, would greatly transcend it. One great source of error, with writers on this suhject, is, thai they almost uniformly assume, that heathen nations are now, or have generally been, in a rising state. Thus it is said, in the passage ahove quoted, that the foundation of the Poly- nesian creed was held by the natives, in common with all the tribes~of men, who have begun to think of more than the sup- ply of their physical wants. It is here taken for granted, that inca gradually rise to juster views of the Deity, without the aid of revelation, hy the operation of their own minds. We ask for the proof of this doctrine. All Scripture is against it. Much history is a~ainst it. The present state of the heathen world is against it. We have yet to learn, that there has been a single instance, upon the face of the earth, of an ignorant and heathen people, making advances in the knowledge of God, unless they derived aid from some extraneous source. If there is such an instance, let it be produced, and let the inat. 1828.) Sandwiek~ Islands. 71 ter be thoroughly investigated. On the other hand, the in- stances of deterioration are innumerable. They can he found in every period of authentic history. The Indians of our own continent are very striking examples. It can be proved fron~ their languages alone, that they are descended from a highly cultivated race of men. But they have been sinking lower and lower, till, in regard to any theory of morals and religion, most. of the tribes have sunk to the very bottom. Far from employ- ing their minds upon such subjects, they never think of them at all. They are in a state of perfect moral darkness, so that, when asked the plainest questions, they reply without the least concern, We do not know; our fathers never told us; we never think about it. After describing a visit to a place formerly used for idola- trous worship, the editor relates the following story, as having been received from a man on the spot, who was once the offi.~ ciating priest. One morning his father had placed the usual offering of fish and poi before the Nui Akua, or Great Spirit. The son having spent a long day in an unsuccessful fishing expedition, returned, and, tempted by hunger, devoured the food of the gods. But first he placed his hands on the eyes of the idol, and found they saw not; and then his hands into its mouth, but it did not bite; and then he threw his mantle over the image and ate; and, replacing the bowl, removed the mantle and xvent his.way. Being reprov- ed by his father, he said, Father, I spoke to him, and he heard not; I put my hand into his mouth, and he felt not; I placed tapa over his eyes, and he saw not; I therefore laughed and ate. Son, said the old priest, thou hast done unwisely; tis true the wood neither sees nor hears, but the Spirit above observes all our actions. p. 201. Now we utterly discredit this story. It has no verisimilitude. Even the children know, that hideous carved images do nOt seer or hear, or bite. They suppose these images to be represen- tations, made according to the skill or caprice of the artist, and designed to present to the eye some memorial of material gods, who go from place to place, in the general form and figure of men, and who occasionally visit the sacred inclosures, where they are worshipped. It was known to all the people, that the food placed before the idols was not consumed by them; and generally, at least, that it was not consumed by the gods, of which these idols were the types; for nothing was 72 ~merican~ .Missionaries at the LJan. more common, than for these offerings of hogs and fruit to remain from day to day, till they became putrid and decayed. Sometimes it was pretended, we believe, and perhaps often, that the gods came in the night, and consumed the food placed before the idols. As to the .TVui .tlkua, a very doubtful phrase (which if there is anything to authorize it, would be spoken dkua Aui), we have never heard, that any great god, or god by way of emi- nenee, was worshipped in Hawaii; much less, that such a god had a distinct idol made for him. And if there were such a god, there is no propriety in translating the phrase into the English words Great Spirit; * for the highest conceptions, which the natives had of any deity, fell as far short of even the Jupiter of the classics, as the shapeless images of wood, stone, and feathers, were inferior to the most finished statues of Phidias or Praxiteles. What then can be said of the use of the word spirit, the most sublime in its import (with the exception of Jehovah), hy which Christians are accustomed to designate the God of the Scriptures. The sentiment, with which the extract closes, that the Spirit above observes all our actions, was never of Polynesian origin. It sounded very prettily to the ears of the London writer, and therefore it was written down. After these specimens of the editors acquaintance with the religion of the natives, it may be proper to look a little at her historical memoranda. In giving some account of bahama, in Maui, a choice speci- men of eloquence and history is introduced, by way of episode. The occasion was this; an insurrection broke out at Tanai, in September, 1824, when Karaimoku was on that island. He immediately sent up to the windward for a thousand armed men. A large part of them volunteered at Lahaina. Mrs Grahams account of the matter is as follows; At Maui the erees [that is, the chiefs] agreed it would be proper to send two hundred men in canoes; but the chiefs themselves, either dreading a renewal of the bloody scenes which had troubled them in the time of Tamehameha, or moved by the caprice or in- dolence of half-civilized men, seemed unwilling to join the expedi * For remarks on the manner of translating Akua, see our former review of Mr Elliss book, No. LI, pp. 360, 361. 1828.] Sandwich islands. 73 tion, when Kaikioeva, an aged chief, came among them, and learn- ing the cause of their meeting, and their backwardness to go to battle, he lifted up his withered hands and said; Hear me, ye chiefs; ye who have warred under the great Tamehameha. Karai- moku and I were born upon the same mountain in this island. We were nourished at the same breast, and our boyish sports were in common, and together we breasted yonder foaming waves. In manhood we fought side by side. When Karaimoku was wound- ed, I slew the chief whose spear had pierced him; and though I am now a dried and withered leag never be it said that Kaiki- oeva deserted his friend and brother in arms in time of need. Who is on Karaimokus side? Let him launch his war canoe and follow me. This burst of eloquence, from so approved a warrior, aroused the chiefs. In an hour all the war canoes in and near Lahaina were launched, and bore six hundred men to Tauai, in time to join Karaimoku as he marched to attack the fort of Taumuarii. pp. 99, 100. It is true, that Kaikioeva was at Lahaina, when Karaimoku sent thither for reinforcements; that he said he would not leave his old friend, or (as Virgil expresses it more exactly) his cequ~evum amicum, unassisted in time of danger; and that this declaration had some effect in hastening the departure of the people. All the rest is either apocryphal, or positively false. Upon this account, we remark, First, as there were but few chiefs at Lahaina, and of these Kaikioeva was the highest, it is absurd to suppose that the rest determined what to do without consulting him, and that it was only by accident that he became acquainted with what had been determined on. We believe he was governor of Maui at the time; and, if so, all the orders must have pro- ceeded from him. Secondly, there was not a war-canoe at Lahaina, when this celebrated speech was made; of course none could be launch- ed. And if the shores had been lined with canoes, not one would have been launched; because the government possessed much better means of transportation. Not only was this the fact, but the editor knew it to lie so; for she has recorded it (p. 192) in these words; The superior advantage of Euro- pean vessels has, of course, as soon as felt, si~perseded the use of the war-canoe. Tamehameha possessed European or American vessels, and profited by them, many years ago; and the use of the war-canoe had been long superseded; and yet, for the sake of a flourish, war-canoes are created at Lahaina, VOL. XXVI.NO. 58. 10 74 dmerican .Missionaries at the [Jan. in September, 1824, and launched in an hour, in sufficient numbers for the conveyance of six hundred men. Thirdly, these war-canoes arrived at Tauai, it seems, at the very time when Karaimoku was marching to attack the fort of Taumuarii. Now it so happens, that there is but one fort in Tauai, and of that Karaimoku was in undisturbed pos- session, when the reinforcements arrived. He had been at- tacked in this fort, when the insurrection broke out; but the assailants were repulsed, and they never repeated the attack. He pursued them across the island; and if they erected any temporary defences, there could have been nothing in their possession worthy of being called a fort. The rhetorical embellishment of the aged chief l~fling up his withered hands, and calling himself a dried and withered leaf, is amusing enough to those who have been acquainted with him. Mrs Graham, being so intimately conversant with the Sandwich Islands, and their inhabitants, ought to have known, that he is a perfect model of plumpness and rotundity; that he has a smooth and shining skin; and that no alderman in the British metropolis appears at a greater remove from anything withered, than this same governor Kaikioeva. Thus it is, that rhetoric and history, fiction and fact are jumbled together. Many a speech has been written for a savage hero, which, if it could be repeated to him, would make him stare worse than the approach of an enemy. We have seen in what manner the religion of the islands appeared to the editor; let us now attend to her view of the social and moral character of the people. In the early part of the Voyage, we are cheered with the design of purifying the morals and improving the manners of an intelligent, cheerful, and sweet-natured people. (p. 52.) The Quarterly Reviewer goes further, and says, that a more cheerful, inoffensive, hospitable, and kind-hearted people, than the Sandwich Islanders, do not exist in any society whatever. And he refers to Mr Elliss narrative, in which it appears that, among other enormities, two thirds of the children perish by the hands of their own parents; generally, soon after they are born, though sometimes after they are three or four years old. The same Reviewer afterwards quotes from the Voyage, an account of the great council, at which Lord Byron was pres- ent, and where the heroic Kapiolani then said, that on the. lands belonging to herself and her husband, Naihi, she had 1828.] Sandwich Islands. Th used every endeavor to establish laws for prohibiting robbery, murder, and, especially, drunkenness, adultery, infanticide; and, on the whole, she had been tolerably successful. It would seem to us rather singular, that upon the first dawning of christianity upon so kind-hearted and inoffensive a people, it should be necessary lo establish laws against robbery, murder, adultery, and infanticide; and that when these laws were in- troduced among a little community of perhaps five thousand souls, all that could be said, should be, that the experiment had been tolerably successful. We must think, notwithstanding the assertion of the Reviewer to the contrary, that the people of Scotland, Switzerland, and the United States, and of other countries in which christianity has prevailed, are much more inoffensive and kind-hearted, than the Sandwich Islanders in their original state. In describing the character of a barbarous and uncivilized people, it is not easy to do exact justice, or to leave precisely the right impression. Mr Marsdea always speaks of the New Zealanders, as a noble race of men, and as capable of high improvement; yet, taking any one of his journals, and perusing the whole of it, there will be little danger of mistaking their character; which is that of the most cruel, revengeful, treach- erous, murderous set of cannibals to be found upon earth. Some of them, and even those who had visited England, persisted in the practice of roasting and eating their prisoners, against the strongest remonstrances of the missionaries residing among them. Indeed, it seemed at one time not improbable, that te missionaries themselves would be murdered, and their bodies used for food, by the very people for whom they were laboring, and whose friendship had been solemnly pledged. These savages, however, or their descendants, it is hoped, may become Christians; and, under the transforming influence of divine truth, may be raised to a civilized condition. The Sandwich Islanders are not cannibals; though the in- habitants of many islands in the Pacific occasionally eat the bodies of their slaughtered enemies. Excepting cannibalism, it is difficult to mention the crime which was not perpetrated in the Sandwich Islands, without compunction and without shame. The last nine verses of the first chapter of Romans contain a far juster account of the character of the people, than can anywhere else be found in the same number of words. They were not, properly speaking, haters of God, 76 .Imerican Missionaries at tk~ [Jan. because they had no knowledge of God, or his attributes; nor were they remarkable for debate, unless when intoxicat- ed; but we are unable to mention any other characteristic, in that appalling description, which did not belong to them as a peo- ple, when christianity began to exert an influence upon them. It is said the natives were cheerful. There was doubt- less much rude laughter, a sort of heedless gaiety, when they met, either for their obscene songs and dances, or for other amusements. In this respect they much resembled ignorant and thoughtless children, who have been brought up in some debased and dissolute neighborhood, and who, amid their coarse jokes and idle banter, laugh at everything. Though the islanders do not appear to value human life at all, when they can gain any desirable object by killing each other, yet it has always been safe for white men to travel among them. This does not appear to be accounted for, however, by the restraining influence of moral principle. How far the policy of Tamehameha, which induced him to cultivate intercourse with foreigners, and how far the dread of civilized men, which is so common among savages, may have had an effect in this matter, we are unable to say. The Reviewer, in another place, calls the Sandwich Island- ers a simple-minded people, by which we suppose he means, that they are ready to believe what they are told, and that they are frank and honest in their own declarations. This is a total mistake. Distrust and treachery are among the vices of almost all savages. For their distrust, however, they are not so much to be blamed; because it is the result of their painful experience. This universal want of confidence is per- haps their greatest source of torment; and it is the great evil with which missionaries have to contend, for a series of years, at the commencement of every mission. So much have sav- ages usually seen, both among themselves and their visiters, of treachery, fraud, and villany, that they do not believe it possible, that any man should be actuated by other than self- ish and sinister views. They utterly discredit professions of disinterested friendship; though they do not always tell you so to your face. They know nothing, either from what passes within their own bosoms, or from what takes place within the range of their observation, which whould make them think, that missionaries should leave their homes, and reside in a foreign land, merely for the sake of doing good. But when they have 1828.3 Sandwzclt Islands. 77 looked on for a few years, and have witnessed the coincidence between professions and conduct; when they have seen mis-~ sionaries labor patiently for the benefit of froward and heedless strangers; and when they experience the salutary influence of such labors; it is not uncommon that they yield a confidence unlimited, in the same proportion as it had been pertinaciously withheld. The Reviewer, in the case before us, seeing this confidence reposed in the American missionaries, and not knowing how laboriously, and against how many obstacles it had been won, supposed it was to be accounted for by looking at the simple-mindedness of the natives. When the first missionaries arrived, in the spring of 1820, the mass of the people were in a state of ignorance, degrada- tion, and misery, greater than can be imagined by any one, who has always resided in a christian country. There is no~ doubt, that they were much more wretched, than when the islands were discovered by Captain Cook. Two most frightful causes of calamity had been introduced by foreigners; namely, a loathsome disease, and the use of distilled spirits; and both these causes, with many others, had been in such a state of aggravation, as to threaten the islands with absolute depopula- tion. It is believed, on good grounds, that the number of in- habitants had diminished one half, in little more than forty years; and that the downward course was never more rapid, than at the time here alluded to. The common people were poor in the extreme, almost utterly destitute of clothing, liv- ing in hovels, with the loose straw on which they slept, and their matted hair, filled with vermin. To raise up such a peo- ple, from their degradation, did the missionaries devote their lives. But the moral condition of the islands cannot be more for- cibly represented by any one fact, than by the notorious practice of celebrating the death of a high chief by Bacchanalian and Eleusinian orgies; or, in plainer language, by an unbounded license, extended through several days, for every individual to do what he pleased. One would think that now was the time for a kind-hearted people to show their kindness; and for an inoffensive people to do no harm; for here was no constraint of any kind. The theory of the custom, or what may be call- ed the fiction of the law, was, that the grief of the people was so excessive, that they knew not what they did, and therefore they could not be held responsilde for their conduct. In ac 78 american .Missionaries at the [Jan. cordance with this fiction, immediately on the death of a chief being announced, a most ungovernable wailing ensued; all the people of both sexes crying, screaming, shrieking, and express.. ing their sorrow by most vehement gesticulations, and working themselves up to a most extravagant frenzy. They tore out their hair, beat their breasts, knocked out their teeth, cut themselves, and struck themselves on the head, with clubs, or any hard substance, which fell in their way. Then followed a universal, promiscuous, public, shameless prostitution of females, from which neither age nor rank was exempt. In these days of riot and debauchery, robberies were perpetrated, every old grudge was remembered, and murders were not uncommon. Language is inadequate to describe the scene. After such a recital, it is pleasing to add, that christianity has already put an end to these abominations. Keopuolani, the mother of Riho-Riho, died in September, 1823. She was, in point of rank, the highest person in the islands; and, in pur- suance of ancient custom, her death would have been the sig- nal for the greatest enormities. But she had embraced the Gospel; and, in anticipation, had taken measures to prevent these evils. The people wailed greatly at her decease; but other extravagances were not witnessed. When the news of Riho-Rihos death arrived from England, Karaimoku took special pains to abolish what remained of this practice, and was entirely successful. As to the islanders being so kind and simple-minded, anoth- er fact may not be improper. During the slight insurrection, or rebellion, at Tauai, which has been already mentioned, Karaimoku, being then under the influence of christian prin- ciples, gave the most humane orders to his armed men, as to the treatment of their vanquished and flying adversaries. But some of the inferior chiefs yielded to their own ferocious dis- positions, rather than to his orders, unnecessarily destroying both lives and property; and there were instances of their shooting and stahbing, out of mere wantonness, infirm, helpless, aged persons, of both sexes, who had not borne arms, and who never even thought of resistance. This was not done by old soldiers, hardened in camps; but by young men, who had never seen war before, and to whom this was the first oppor- tunity of publicly killing their fellow-subjects, under the color of authority. In former times, as all tradition unites in declar- ing, wars of extermination were waged; by which we mean, 1828.] Sandwich Islands. 79 that it was common to give no quarter, and to massacre the women and children of the vanquished party. And this mode of warfare has been practised, in other islands of the Pacific, as missionaries have witnessed with their own eyes. When Karaimoku, Kaahumanu, and other chiefs had begun to learn something of the true religion, and to see the reason- ableness of its requirements, their eyes were gradually opened to behold the enormity of their previous character and conduct. And so it was with the common people. None of them plead- ed the kindness of their hearts; but all were ready to confess, that their minds had been in, darkness, their hearts evil, and their conduct abominable. Every person acquainted with the human character is aware, that no vice is more destructive of all that is noble and gener- ous in man, and that none leaves a more indelible stain, or brings more deep and thorough debasement, than lewdness in its aggravated forms. Yet this vice is of all others least restrained throughout Polynesia. Of th~is fact, the editor of the. Voyage seems to have been not altogether unapprized. In connnexion with some benefits, indirectly, acknowledged, as conferred upon the natives by the American mission, we find the following sentence. It is to be hoped, also, that the spiritual doctrine that those gentlemen are inculcating, and the habit of universal clothing, which the chiefs, who have travelled, are desirous of introducing, will check the vice and its consequent evils, which have been too often mentioned and lamented by former visiters, to require a more serious notice here. p. 137. The most favorable specimen of composition, which we can give from the volume before us, is a description, of part of the funeral solemnities, on landing the remains of the king and queen at Honoruru. Having reached the church, which was hung with black on the occasion, the cars were drawn up before the door, and the persons of the procession formed a circle around, while the chap- lain of the Blonde read the funeral service in English, and the American missionary addressed the assembly in their native tongue. The procession then, in the same order, marched to the same house, belonging to Karaimoku, where we had been receiv- ed the day after our arrival. As soon as the coffins were deposited on the platform, the band accompanied some native singers in a funeral hymn, which so ~1mericart .Miissionaries at the [Jan. the missionaries had written and taught them to sing to the air of Pleyels German Hymn. We could not help reflecting on the strange combination of circumstances here before us. Every thing, native-born and ancient in the isles, was passing away; the dead chiefs lay there, hidden in more splendid cerements than their ancestors had ever dreamed of; no bloody sacrifice stained their obsequies, nor was one obscene memorial made to insult the soul as it left its earthly tenement; but instead, there was hope held out of a resurrection to happiness, and the doctrines admitted that put an end to sacrifice for ever and pronounced the highest bless- ing on the highest purity. Where the naked savage only had been seen, the decent clothing of a cultivated people had succeed- ed, and its adoption, though now occasional, promises permanen- cy at no distant period. Mingled with these willing disciples, were the warlike and the noble of the land, the most remote on the globe, teaching by their sympathy, the charities that soften yet dignify human nature. The savage yells of brutal orgies were now silenced; and as the solemn sounds were heard for the first time, uniting the instruments of Europe, and the composition of a learned musician, to the simple voice of the savage, and words, not indeed harsh in themselves, framed into verse by the industry and piety of the teachers from a remote nation, came upon the ear, it was iml)OSSible not to feel a sensation approach- ing to awe, as the marvellous and rapid change a few years have produced, was called up to the mind. pp. 128130. This passage is known to be from the pen of Mr Bloxam, as it is distinctly remembered by the missionary, now in this country, who read parts of his journal. Several expressions in it, such as bloody sacrifice, obscene memorial, and the savage yells of brutal orgies, do not seem to be in very exact agreement, with what was quoted respecting a kind-hearted and inoffensive people. But to Jet that matter rest, it would seem that a mighty transformation bad taken place,one which is here celebrated in strains of warm panegyric, and one which might naturally have excited so much respect, if not admiration, for the indus- try and piety of the teachers, by whose persevering labor it had been effected, as to have secured them from any rude attacks throughout the volume. Such attacks, however, are made; and in such a manner, and under such circumstances, as to require investigation, and to deserve the attention of the public. In a preceding passage, after describing the first public in-~ terview between Lord Byron and the chiefs, when he was in- 1828.1 Sandwich Islands. 81 troduced to the young king, and the presents of the British government were delivered, the editor, or journalist, adds; The ceremonies being over, and the gifts delivered, the Amer- ican missionary, Mr Bingham, who loses no opportunity of ming.. ling in every business, proposed prayers; and accordingly said what may be called a long dull grace to the entertaijiment, first in English, and then, as it appeared to us, more easily in the Sand- wich tongue. As soon as he had ended, refreshments were plac- ed for us on a table. pp. 117, 118. On this passage our first remark is, that we exonerate Mr Bloxam entirely from the least suspicion of having written it, or given his consent to it. Were it correct in point of fact, the expressions are so unsuitable to be used by one minister of the Gospel, in speaking of another who had treated him with kind- ness and respect, that we should not charge them upon him, unless compelled to do so by irresistible evidence. Happily, the presumption is the other way. The paragraph was writ- ten, probably, either by a midshipman, who stood in so remote a part of the hall as not to know what took place, or who re- ceived the account by hearsay altogether; or by a correspond- ent at the islands, who is~ laboring to find proofs of Mr Bing.. hams interference with politics; or by the editor in London, who, seeing it mentioned in the journal, that Mr Biagham offered a prayer, may have inferred, that he proposed it him- self. We are inclined to think, that the midshipmen must share the authorship of this precious morceau among them- selves. Now as to the truth of the statement, we are able to say, that the prayer was not proposed by Mr Bingham, but by Ka- raimoku. This was stated in the journal of the missionaries, written at the time, and since published in this country, and has lately been confirmed to us verbally, by one of them who was present. Soon after the formal introduction of Lord Byron, the delivery of the presents, and the re6eption of them with suitable acknowledgments, Karaimoku turned tQ Lord Byron, and, in a very respectful and dignified manner, express.. ed himself in words, which were interpreted nearly as follows; Would it not be well to unite in a prayer of thanksgiving to Jehovah, that he has inclined the king of England to show fa- vor to us poor people, in sending to us the remains of our king and queen, and that he has preserved you safely during the VOL. xxVI.No. 58. 11 [Jan~ american .Miissionaries at the voyage, and brought you to our islands? To this proposal, which was made spontaneously, and without any consultation with the missionaries, Lord Byron readily assented. Karai- moku then requested Mr Bingham to offer the prayer, which was a matter of course, as he was the only missionary present who had long been in the habit of speaking the native language; and, indeed, the only ordained missionary, who resided per- manently at that place. it would not be worth while to take notice of such blunders and misrepresentations, were they not made the foundation of serious charges against the mission. It should be remember- ed, that where there is one impudent writer, there will be many unreflecting readers, who will take him at his word; and that, when men hold so public and responsible a station, as is held by the missionaries at the Sandwich Islands, it is a serious evil, that unfavorable opinions should be extensively formed of their character, in consequence of falsehoods and misrep-. resentations, circulated through what are deemed respectable channels. We must pause here to apprize our readers of the true grounds of opposition to the labors and character of the mis- sionaries, as it has existed for the last three years. These grounds may be classed under three heads. 1. Among the visiters and foreign residents at the Sand- wich Islands, there are not a few whose love of gain is much stronger than their love of morality. These people have the sagacity to see, that if the influence of the mission prevails, so as to discourage or put an end to drunkenness, there will be fewer purchasers of rum; and that, if the mass of the people learn to read and write, and become intelligent, it will not be so easy, as it has been, to make profltabl~ bargains out of them. 2. Most visiters at the islands have been in habits of licen- tious intercourse with the native females. This intercourse is, through the influence of christianity, becoming more. difficult. 3. The remaining cause of obloquy and opposition, is an apprehension that, as the missionaries are Americans, and are exerting a great influence upon the people, this influence will ultimately clash with that right of guardianship and protection~ which is claimed for the British. Comparatively few feel the weight of this motive; but these few are very busy, and to $2 182S.] Sandwich Islands. 83 their activity the misrepresentations of the volume before us are principally to be attributed. An opposition being thus formed, and fed by motives con- tinually and briskly operating, some pretext for it must be as- signed; the true reasons not being sufficiently creditable to the opposers. The missionaries bad been the happy and volun- tary instruments of producing a great change in the moral con- dition of the people. Drunkenness had been nearly prevent- ed, though four years ago it was more prevalent than among any other people in the known world. Lewdness had been greatly restrained; and foreigners began to apprehend, that they should themselves be compelled to be more moral, or to seek the indulgence of their vicious propensities in some re- gion, which had not experienced the power of christianity. The missionaries, as a natural consequence of their great and benevolent services, were held in high estimation by the chiefs and people. Having uniformly shown themselves to be men of truth and integrity, diligence and disinterestedness, they had established for themselves a character, such as had never been known at the islands before. The chiefs had a great reoard for their advice, and would doubtless have received it gladly on any subject, on which they would be willing to give it. As the chiefs had actually made laws, which bore hard upon the vices of foreigners; as these laws had been undeni- ably prompted by a regard to religion; and as religion had been introduced by the missionaries only, it seems very plau- sible to assert, that the missionaries had interfered with the gov- eminent of the islands. This assertion has therefore been made, and a thousand times repeated; with what truth will appear in the sequel. The opposition has been felt toward all the missionaries, and their whole system of operations; but as Mr Bingham was one of the little band, who first arrived, and the only ordained missionary permanently residing at Honoruru (the seat of gov- ernment and the place where foreigners principally resort), it was to be expected, that he should experience a large share of hatred, and should often be selected by name for crimina- tion and reproach. Beside the charge of interference with the government, there is also a heavy impeachment of the mission, on the ground of the strict observance of the Sabbath, and the numerous reli- gious services, which have been imposed upon the natives. 84 ./lmerican Missionaries at the [Jan. Both these topics of complaint are displayed in the following long quotation from the Voyage. Unhappily, the good men who, as missionaries, have abandon- ed the s~veets of civilized society, to devote themselves to the im- provement of these Islands, and in obedience to the command, Go ye and teach all nations, baptizing them, are of a sect too austere, as we should think, for the purposes they are so anxious to promote. The old tabus are indeed no more; but they have called Sun- day the la tabu, or consecrated day, and nothing in the heathen time could be more strictly tabued. The missionaries forbid the making of fire, even to cook, on Sunday; they insist on the ap- pearance of their proselytes five times at church every day; and having persuaded them, that they are the necessary conductors to heaven, they are acquiring a degree of public and private import- ance, which, but for the situation of the islands, which secures a constant accession of foreigners for the purposes of commerce, would bid fair to renew the Jesuitical dominion of Paraguay. It is true they defend their system by saying, that since the tabu for the false deities was so severely kept, the proselytes might despise our doctrine, did we pay less regard to Him, whom we preach as the true God; that, as to the not cooking on Sundays, it is no hardship, for it has always been the habit to cook enough for two or three days at a time, and to eat cold meats between the cook- ing days, because the mode of dressing food by fire-pits and heat- ed stones is so very slow; and as to the frequency and length of the prsyers, the people have nothing better to do. Such are their answers. But other missionaries have found something for their catechumens to do. The Moravians at the Cape of Good Hope have taught the Hottentots, the most degraded race of men, and that nearest, before their time, to the brutes, the arts of civilized life. We believe mistaken zeal to be the source of many of the errors we see; but we fear, also, that some of the love of power has mingled with the zeal, and that the government of the coun- try, through the medium of the consciences of the chiefs, is a very great, if not the principal object, of at least one of the mission. We had a striking proof of their power the other night. It was Saturday; and as Karaimoku was now well enough to enjoy a spectacle, the promise made to Boki of reserving some of the figures of the phantasmagoria, for his friends at Oahu, was recall~ ed, and preparations were accordingly made for its exhibition. As it was a public show, every body was expected to be there; and if Messrs Biagharn and friends were not expressly invited, it was probably because it was supposed they would come, if they 1828.] Sandwich Islands. 85 did not imagine the amusement of too worldly a nature. They had certainly due notice of it; for that very morning one of the party had a long conversation with one of the officers on the sub- ject. How were we astonished, therefore, when all things being prepared, the company assembled, and among the rest the little king and princess, notice was given, that, on so near an approach of the Sabbath, prayer was a fitter employment! Accordingly, the two poor children were carried off in tears, and many of the chiefs and people followed to the missionary meeting. Karai- moku and Kaahumanu however staid with us, and were extreme- ly charmed with the exhibition, examining the room after it was over, and exhausting themselves in conjectures as to the manner in which it was produced. The intemperate indecency of this conduct, on the part of the mission, seems to have occurred to the more reasonable among themselves. Mr Stewart was with his wife, whose health is ex- ceedingly delicate, at some distance a note was sent to him, we think by Mr Bingham, to tell him what was going on. His sen- si~le advice was, that the missionaries, with their congregation, should adjourn in a body to the theatre, see the show, and then return to prayers. This advice however was not acted upon, and our phantasms played to a thin house. Mr Stewart endeavored to explain the matter as follows ;Tt appears that two native teachers, who were highly regarded in the island, and who had the more influence over their country- men, as they spoke their own language, and were of their own kindred, had been brought up in one of the United States, where the Jewish method of reckoning time is observed, and the day be- gins and ends at noon; hence the Sunday, the first day of the week, begins at noon on Saturday the seventh day; and these teachers, having adopted this computation of time, have establish- ed Saturday meetings and exercises accordingly. This is very well so far as it goes; but Mr Biiigham, the head of the mission, uses, on all other occasions, the christian measure of time; and he does not appear to be a person quietly to let two youths in- trude with new ordinances on his cure.* Indeed, his own expla- nation admits the fact, that the meeting was of his own planning, and that having called his people together, he left the choic~ to themselves. pp. 145150. * We have learned, by the arrival of persons who visited the islands after us, that the almost open assumption of power by the mission had created the greatest jealousy in the minds of the chiefs. The impair- ed state of Karaimokus health rendered them very anxious, and seemed to have opened to the mission the hope of reigning in the name of the little king. 86 simerican .Missionaries at the The Quarterly Reviewer seizes upon the forgoing story with greediness, and repeats it in the following version. There was one point, however, on which Lord Byron appears justly to have felt some uneasiness, and this was the tone, manner, and line of conduct of the American missionaries, particularly one of the name of Bingham. The influence which this man had acquired over the simple natives, and his uncalled for inter- ference in petty concerns wholly unconnected with his mission, were but too manifest on several occasions, but never more open- ly nor more offensively, than when Boki, one Saturday evening, expressed a wish to entertain his countrymen with an exhibition of phantasmagoria. rllhe young king and his sister, with many of the chiefs and people, had assembled to see the show, when, be- hold! a message was received from this Bingham, that on so near an approach of the Sabbath, prayer was a fitter employment! and such was the ascendency which this man had gained, that the two poor children were carried off in tears, and many of the chiefs and people followed to the missionary meeting. Mr Sto~y art, another of the missionaries, ashamed of the indecency of su~h conduct, was anxious to explain the matter, by saying, that they followed the Jewish mode of reckoning, and considered Sunday to begin on Saturday at noon. No. LXX, p. 438. We propose to give our readers a brief history of this trans.. action, as it really took place; but we must anticipate the nar- rative a little by saying, that, after the exhibition of the magic lantern, about ten oclock on Saturday evening, Mr Binghatn learned, that the attendance of the chiefs had been small. He immediately wrote a letter to Lord Byron, with a view of ex- plaining the misunderstanding, so far as he was able. This letter is printed in the Voyage; for what purpose we cannot divine, as it completely falsifies all the allegations of the voy.. ager, which are worth notice. It is preceded by a paragraph, Which we first quote. The following is a copy of the letter sent to Lord Byron on this occasion. It is written by the American missionary Bing- ham. This man is, we have no doubt, truly zealous in the cause of religion; but we cannot forbear to remark, that he has in a manner thrust himself into all the political affairs of the island, and acts as secretary of state, as governor of the young princes, director of consciences, comptroller of amusements, & c. an inter- ference that some may regard as political, and tending to establish an American interest in the islands, and others, as produced by circumstances which Mr Bingham has not the pradenc1e to avoid. p. 111. [Jan. 1828.1 & rndwiclz Islands. 87 This letter, which the editor denominates curious, appears to us very suitable, and though written in haste, is such as Mr Bingham has no occasion to regret.* The Quarterly Review says, with an air of infinite self-. complacency, speaking of the American missionaries, that they have so little judgment, and are so little acquainted with the human heart, as to let their zeal outrun discretion on many occasions and in many shapes; and this, adds the Reviewer, we knew to be the case before now. It is to be presumed, that the foregoing extracts furnish some of the strongest proofs of the incompetency of the missionaries, which the Reviewer was able to produce; and, in this presumption, we must invite our readers to examine the subject with some attention. When the Blonde arrived at Honoruru, just five years had elapsed from the first establishment of the mission. Within that time, the missionaries had learned the language without * The letter here follows in full. Oahu, Saturday Evening. My Lord, I take the liberty to address you a line, simply to acquaint you with the ground of a partial misunderstanding this evening. Though we do not regard Saturday evening as belonging to the Sabbath, yet the people have been instructed, both by Mr Ellis and ourselves, tc~ make preparation on Saturday for the proper observance of the Sab- bath. A number of chiefs have been accustomed of late to assemble, of their own accord, for social worship among themselves on Saturday evening; and were assembling for that purpose this evening. This will, I hope, account for the apparent reluctance of some of them to receive your truly kind attentions. Several asked our advice; and we told them expressly we would not detain them from the exhibition, which you had kindly proposed to show them, but would have them act their own pleasure. This, I assured Mr Ball, was the fact, when he came to my house for Mr Pitt. I have taken the liberty to make this explanation, in order to show you, that we would studiously avoid any interference in any of your intercourse with the chiefs; and while I can assure you I entertain a. high sense of the honor and the kindness, which you and your honor- ed king and highly favored country have done this nation, I cherish the hope, that those efforts on your part may. in connexion with our feeble exertions, be crowned with happy and complete success. You will therefore allow me to be, My Lord, Very respectfully and sincerely yours, H. BINGHAM. To the Rt. Hon. Lord Byron. 88 .Jlrnerican. .Missionaries at ike [Jan. those helps, which all their successors will enjoy; adopted an alphabet; reduced to some form, a dialect never before writ- ten; taught all the highest chiefs to read and write; printed elementary books; established many schools for children and adults; preached the Gospel to the people in their own tongue; caused them to understand the plain principles of the Bible; impressed upon the minds of these uncivilized hearers some just views of the government of God, the reasonableness and perfection of his laws, and the plan of salvation clearly reveal- ed in the New Testament; and, in short, exerted an influence which seemed likely to bring all the inhabitants into the order and happiness of christian society. Such results had been witnessed by the blessing of God upon incessant labor, endur- ed in the midst of weariness and painfulness, and many pri- vations, in a tropical climate, by men and women, who left inviting situations in their own country, for the sole purpose of raising up pagans and foreigners from the lowest state of de- basement, to the dignity of fellow-citizens with the saints and members of the household of God. It would not be amiss for the editor of the Voyage and the Quarterly Reviewer to reflect, that such persons ought not to be impeached before the whole civilized world, unless upon weighty and substantial grounds. And what are the grounds of impeachment, which are spread over so many quarto pages, and transferred, with such scrupulous care, that they should lose nothing, into the widely circulating sheets of the most important review in thQ British metropolis? When stripped of verbiage, they all amount to the single charge, that on a certain occasion, one of these missionaries expressed his opinion, that prayer wa& a filter employment for Saturday evening, than an attendance upon an exhibition of the magic lantern; and the inferences are, that the missionaries impose an intolerable strictness upon the people; that they interfere in political measures; that they domineer over the chiefs; that they have acquired a threatening influence over the conscience ; that, through this influence, they aim at the government of the islands; and that, to crown the whole, they are destitute of common sense. Now we insist, in the name of justice, that this whole string of infer- ences be stricken out of the indictment. Not one of them follows from the mere fact, that a missionary should think an established religious service a better preparation for the Sab-~ bath, than attending an exhibition of phantasmagoria. Even 1828.] Sandwich Islands. 89 if the expression of such an opinion were erroneous and absurd, still so long a chain of inferences cannot be attached to it. Supposing Mr Bingham had expressed an opinion, which seemed rather indiscreet, would not candor require, that all the circumstances of the case should be known, before sentence should be pronounced against him? Is it probable, that the journalist knew these circumstances? and if not, how could he decide whether the alleged opinion were indiscreet, or not? Mr Bingham may have known very little of the manner in which the exhibition had been invited, or of the inconvenience of delaying it? It is said, indeed, by the voyager, that Mr Bingham and friends had due notice of it; for that very morning one of Ike party had a long conversation with one of the officers on the subject. And is this the way of adininis.. tering justice? Is every member of the mission to be suppos~ ed, without any proof, to know every thing, which has been communicated to every other member? Missionaries have many things to do; and, in their numerous avocations, even the proposed exhibition of a magic lantern may have arrest- ed very little of their attention; especially as it was no busi- ness of theirs, and they were not even invited to be present. Again; the voyager could not tell on the spot, nor can we, or the Quarterly Reviewer, tell, how important the religious service was considered by the chiefs, or what consequences were apprehended from their suffering it to be displaced by a mere amusement. But till all these things are known, it is impossible to pronounce a fair and equitable sentence. The article in the Voyage, and that in the Review, are in- tended to affect the reputation of the whole mission; and this it will do, so far as its representations are credited. But is such a course candid, fair, and honorable? Mr Biagham was but one missionary out of twelve, of whom eight were at that time preachers of the Gospel; and all these preachers, except Mr Stewart and himself, were laboring on other islands. Shall the supposed, or assumed, mistake of one, in regard to so small a matter as an evenings amusement, be imputed, as a serious offence to those, who were a hundred miles off, and who, perhaps, will never have heard of the transaction till the Quarterly Review shall meet their eyes? We have gone thus far upon the admission, that Mr Bing- ham expressed the opinion imputed to him; but we now deny VOL. XXVI.-~NO. 58. 12 90 .6lmeriean Missionaries at the [Jan. the fact altogether. There is not the slightest proof of it; and Mr Binghams letter affords a strong presumption against it. It may be well to state here, as briefly as possible, the real facts and circumstances of the case; and, in making this state- ment, we shall rely upon the published account of Mr Stewart, and upon verbal communications received from that gentleman, who was personally present with Mr Biughain, at the time of his alleged interference; whereas, neither Mr Bloxam nor Mrs Graham, nor the midshipmen, were thus present. While Boki and his party were on their passage from Eng- land, they were amused with the wonders of the magic lantern; and Boki, apprehending that these wonders would be exhaust- ed, begged that the show might proceed no further; and that some part of it might be preserved for the gratification of his friends at the islands. One Saturday morning, when Kaahu- mann, a female of high rank and now principal regent, was breakfasting on board the Blonde, the magic lantern was men- tioned, and the inquiry made, when she would like to see the exhibition. She replied, this evening; either not reflecting what day of the week it was, or not adverting to the regularly appointed religious services, to which some of the chiefs had recently begun to attend, on Saturday evening.* Not long after, that is, some time in the forenoon, Lord Byron met with Mr Stewart, and informed him of the appointment; to which Mr Stewart made no objection, saying, that he presumed the chiefs would be highly gratified. Not considering the intima- tion of Lord Byron in the light of an invitation, he did not mention the fact to the other missionaries. What is more remarkable, Kaahumanu did not mention the appointment to any of the chiefs. This omission was probably the result of mere inattention or forgetfulness. Toward evening the chiefs begun to assemble for their re- ligious service, which had been established and was conducted by themselves alone, and to which some of them were strongly attached. At this moment, the phantasmagoria occurred to the mind of Kaahumanu; and she inquired what was to be done. The general voice was, that the religious service should * The occasion of the meeting, which interfered with Kaahuinanus appointment, was as follows. Kapiolani and her husband Naihi had recently come down from Hawaii, where a religious meeting for Sat- urday evening, had been some time established. At their instance, a similar meeting was commenced at Honorurn. The missionaries neith- er originated nor conducted it, nor were they expected to be present. Sandwich Islands. 91 18~8.] proceed, and the amusement should be deferred till Monday night. A messenger was despatched to Lord Byron; but all was too late. His lordship and suite, with the band of music, were rapidly approaching. The messenger met them at the gate; and, not having received any discretionary orders, cried t~bu, and shut the gate; as much as to say, You must not come; all ingress is forbidden. This was, indeed, quite un- ceremonious, and not very civil to Lord Byron, who had come by express appointment, and merely out of kindness to d~ the chiefs a pleasure. It was natural, therefore, that he should speak with some decision, and call upon a native interpreter to know the occasion of such treatment. The native, not being able to speak much English at best, and being greatly disturbed by the apprehension that Lord Byron was displeas- ed, did not express himself intelligibly; but could only say something about chiefs, and prayers, and tabu, and Sabbath, and missionaries. He probably meant something like this; that, before the Sabbath, the chiefs were in the habit of attending prayers, or of holding meetings of a similar character with those, which were held by missionaries. On hearing this expla- nation, such as it was, Lord Byron thought it very strange, that an appointment of a religious service should be made at such a time, and in such circumstances. The chiefs, seeing him discomposed, and wishing neither to give up a solemn meeting, nor to afford any cause of offence, walked to one of the mission houses, where Mr Biugham and Mr Stewart were together. This was the time, when Mr Bingham is stated by the Quarterly Reviewer to have acted so offensively. On hearing the circumstances of the case, Mr Bingham declined saying more than that he did not think it wrong for those to attend the amuse- ment, who felt disposed to do so; and that he thought it should be left to the inclination of each individual. The chiefs, acting according to this suggestion, went, some of them to the exhi- bition, and some to the prayer meeting, which was removed at a little distance. Some left the show in disgust, and retired to the prayer meeting. The young king was persuaded to he present at the entertainment, where he witnessed the whole; and with him Karaimoku and Kaahumanu stayed to the close. The minds of the chiefs were discomposed by the various blunders of the evening. Uncivilized men, of all others, do not like to enter upon a party of pleasure by compulsion, & r while in a state of disappointment. The young prineess would 92 American Missionaries at the [Jan. not leave her hiding-place; and, as the voyager correctly says, the phantasms were played to a thin house. It afterwards appeared, that Lord Byron felt more than any thing else the seeming interference between his intended kind- ness to the natives and a religious service appointed, as he then supposed, by the missionaries. When he became ac- quainted with all the facts, and learned the true cause of the disappointment, he declared himself, in a note now in the pos- session of Mr Stewart, to be perfectly satisfied, and added that the transaction had left upon his mind no impression unfa- vorable to the mission. After this narrative, let us advert to the errors in the state- ment of the voyager. It is not true, that notice was given, that, on so near an approach of the Sabbath, prayer was a fitter employment;~ nor that the two poor children were carried away in tears; nor that the chiefs and people followed to the missionary meeting, as there was no missionary meeting; nor that Mr Stewart was at some distance, he being in the house with Mr Bingham; nor that a note was sent to him by Mr l3ingham, or any one else, to tell him what was going on, as he was, in fact, the only one of the missionaries who previous- ly knew; nor that he advised the missionaries and their con-. gregation to adjourn in a body to the theatre, as he had no thought of attending the exhibition, and had not even mention- ed it to his brethren; nor that he explained the matter by a reference to the Jewish Sabbath; nor that the native youths were educated in one of the United States, where the day be- gins and ends at noon. Mr Stewart did not even know, till the Reviewer informed him, that the Jewish Sabbath began at Saturday noon, nor that the people in any one of the United States followed the Jews in this respect. Nor does Mr Biughams letter admit, that the meeting was of his own planning. On the contrary, it implies that the meeting was planned by others, where it says, that a number of chiefs have been accustomed of late to assemble, of their own accord, for social worship. The reference to Mr Ellis, and to the general course of instruction on the subject of pre- paring for the Sabbath, was doubtless intended to show his lordship, that the idea of a religious meeting of some sort, or in some circumstances, on Saturday evening, was no new thing; and that therefore the chiefs, in commencing and main- t~ining such t~ meeting were not acting from mere whim, or 1828.] Sandwich Islands. 93 sudden impulse. Nine or ten errors are rather too many for so short a piece of history. The Reviewer adds to the num- ber by saying, without even the color of authority, that Mr Biagham seat a message to the meeting; or, to use his delicate and urbane language, Behold! a message was received from this Bingham; a most inexorable message, indeed, if, as the Reviewer affirms, such was the ascendency which this man had gained, that the two poor children [the young king of the islands and his sister] were carried off in tears. This message, with its appalling consequences to the poor children, and all the portentous evils which were indicated by it, are sheer fabrications. The voyager says, that every body was expected to he there, though Messrs Biagham and friends were not expressly invited; and his reasons for expecting every body to be present are, that it was a public show, and the missionaries certainly had due notice of it. It is true that Mr Stewart was told by Lord Byron himself, that the magic lantern was to be exhibited to the natives, at the solicitation of Kaahumanu; and that he replied, that he thought the natives would be pleased. But does this prove that Mr Stewart knew that the show was to be public? or that he was bound to consider this incidental conversation as a notice to attend? And was the show public in fact? Were the sea-captains, and other foreign residents, admitted as a part of the compThy? The voyager does not say they were ; and, if they had been, we think the house would not have been so thin, as it is represented to have been. The indictment preferred against Mr ~Bingham is, that he interferes with the petty concerns of the natives, by controlling their amusements, directing their consciences, & c. The only proof worth mentioning, produced by the voyager, is the let- ter of Mr Biagham, by which it appears, that he neither con- trolled the amusements, nor directed the consciences of the chiefs; unless it he a direction of conscience to have said, that it was not a case of conscience at all, and that he saw no ob- jection to the chiefs doing just as they pleased. The accuracy of the statements in this letter is not doubted by the voyager; and yet he seems to exult in having made out his charge. This is the most remarkable prosecution we ever heard of. The accuser produces no proof in support of his allegation, ~wt a single particle of evidence being brought home to Mr 94 american Missionaries at the [Jan. Bingham; but he volunteers on the other side, and proves, what no accused party is bound to do in order to his complete defence, a decided negative of the whole charge. About three weeks after this affair, a general council of the chiefs was held, at which the young king was confirmed as the successor of Riho-Riho, a regency was appointed during his minority, some salutary laws approved, and a formal ap~ probation given to missionary labors. Lord Byron, his officers, and the missionaries were present by invitation. The chiefs expressed their opinions at considerable length, the substance of which is given in the Voyage.~ Lord Byron was now called upon to speak, when he presented to Karaimoku and the other chiefs, a paper containing a f~w hints concerning their ailbirs, which he wished them to look over at their leisure, and if they approved of them, to adopt them as their own, but not as the dictates of the British government, which had no wish whatever to interfere with the regulations of the chiefs, who must be the best judges of what suited the people. pp. 154, 155. The wisdom and propriety of Lord Byrons conduct, as exhibited in this paragraph, must be obvious to every person; especially in two particulars, his communicating his thoughts in writing, and his expressly disclaiming any right of himself as an agent of the British government to interfere in the polit- ical affairs of the country. It would have been well, if every subsequent visiter of the islands had imitated this truly excel- lent example. The transactions of the council, in regard to the mission, are not accurately related by the voyage. A conversation then ensued among the chiefs on the subject of the missionaries; and Lord Byron was asked if the king of England had any objection to the settling of the American mis- sion in the Islands, and instructing the people. His lordship said that he had heard that the missionaries had an intention of draw- ing up a code of laws for the people, and to this he decidedly ob- jected; but so long as these gentlemen did not interfere with the laws or commerce of the country, he could not object to their instructing the natives in reading, and in the christian religion. Mr Bingham, in behalf of the mission, stated, that the Amen.. can missionaries had neither the design nor the wish to interfere with the political or commercial concerns of the nation; being expressly prohibited by their commission, and their public and 1828.] Sandwich Islandr. 95 private instructions from their patrons, from any such interfer~ ence; that they act under the American Board of Commission- ers for Foreign Missions, incorporated by the legislature of Mas- sachusetts, for the sole purpose of propagating the Gospel among the heathen; that it is not for the mission to give laws to the na- tion, nor to interfere with the authority of the chiefs, nor to en- gage in commercial speculations, nor to be known otherwise than as propagators of the Gospel; but, taking the Bible as their guide, their object in residing in these islands is, to enlighten the nation in the doctrines and duties of christianity, that they may obtain its everlasting rewards. This he repeated in the vernacular tongue; and the council then broke up. pp. 155, 156. We are authorized by an eye-witness to say, that Lord By- ron did not express any suspicion, that the missionaries would interfere with the political affairs of the natives. He was call- ed upon, as a public man, and perhaps unexpectedly, to declare his opinion of the object and designs of the missionaries, and nothing could be more proper than to ask for a public state- rnent of what that object and those designs were. Such a statement was promptly given by the missionaries, in the Eng- lish language, and in the language of the natives, and a copy in English was handed to Lord Byrcin. How much use the voyager made of this written statement, or how closely he ad- hered to it, we do not know. He is perfectly correct, howev- er, in saying, that the missionaries theii disclaimed (as they have uniformly done on other occasions) all interference with com- mercial pursuits or political measures. Perhaps some of our readers may not see the necessity of dis claiming particular designs, unless these designs were, at the time, imputed to the missionaries. It may be well, therefore, to say, that profligate and interested men, who hated the mor- al influence of the mission, and wished to plunge the natives into deeper and still deeper debasement, have made such al- legations against the missionaries, without the least regard tc~ truth or probability, as would be likely to have an unfavora- ble effect upon the minds of these ignorant people. Among the various causes of alarm are to be numbered, the design of the missionaries to get the lands of the chiefs, to transfer the islands to the United States, to get political influence, to med- dle with commerce, and, especially, the tendency of their measures to offend the English, and to bring upon the islandr the displeasure of the British government. This last cause of 96 ./Imerican .Missiortaries at the [Jan. suspicion was working great evils in the summer of 1822, when it was dissipated by the arrival of the Deputation of the Loin. don Missionary Society, who convinced the chiefs, that it was groundless. When Boki arrived in the Blonde, he stated, that the king of England was friendly to.the designs of the mission- aries; and here was Lord Byron on the spot, a representative of the English government, who might he called upon in pub- lic council, to confirm these statements of Boki. The chiefs did not need to be informed what were Lord Byrons private sentiments concerning the mission. They already knew him to be friendly to every social and moral improvement. But they wanted a public declaration, which could be referred to, as a matter of notoriety, for the purpose of repelling future slanders. After the statement of the missionaries, Lord Byron said, that, so long as they adhered to their instructions, and acted conformably to their professions, they would be highly deserv- ing the patronage and favor of the chiefs and people. His de- sign obviously was, not to intimate any suspicion, that the mis- sionaries would depart from their il3structions; but to make their public declaration the basis of his public approval; and in this manner it becomes every public functionary to act. The voyager does Lord Byron great injustice, by making him say of the missionaries, that he could not object to their instructing the natives in reading, and in the christii(n religion. The fact was, he. gave a warm and decided recommendation, founded, as we have said, upon the public declarations, which had just been made. We have alluded to Bokis re.port of an interview with the king of England. This took place at Windsor, some weeks after the death of Riho-Riho. Boki stated at the islands, that the king walked with him through many apartments, and talk- ed with him a good deal. Mrs Graham gives the following account of the interview. Boki, who had kept a journal during his residence in Eng- land, made very full notes of what passed at this audience. Since his return to his native land, he writes, that he has read these notes so often to the different chiefs, that he has become very hoarse. We regret much that a copy of this journal was not pro- cured while Boki was on board of the Blonde. p. 74. We are rather incredulous, as to the extent of Bokis note~ 1828.1 Sandwich Islands. for he never held the pen of a ready writer. Still he was able to write in his own language, though rather clumsily. But whether he wrote down the words of George the Fourth, or not, it is certain that they made a deep impression upon his mind. These words he repeated publicly, and often. He said, that when he inquired of the king, whether preachers ~vere good men, his Majesty answered, Yes; and they are men to make others good. I have always some of them by me; for chiefs are not wise like them. We in England were once like the people in your islands; hut this kind of teachers came, and taught our fathers; and now you see what we are. And again; You and your people must take good heed to the missionaries; for they were sent to enlighten you and do you good. They came not for secular purposes, but by a divine command, to teach you the word of God. The people would therefore all do well to attend to instruction, and to for- sake stealing, drunkenness, war, and everything evil, and to live in peace. This advice certainly well became the ruler of an enlightened christian nation; and it would be happy, if all the kings subjects would imitate the liberality, which is indicat- ed by this advice of their sovereign. After all that we have said, respecting the positive errors and misrepresentations of the Voyage, the faults of omission are scarcely less remarkable. There is, in many cases, a studied silence respecting the missionaries, which can only be accounted for, by supposing either the voyager, or the editor, to have been actuated by a most unmanly jealousy towards them; either because they were Americans, or because they were not clergymen of the church of England. The Blonde first touched at Lahaina in Maui, where Boki and his suite first landed. Lord Byron conversed for an hour or two with Mr Richards, the missionary residing there, and made many inquiries respecting the islands and the mission. How natural it would have been for a voyager, who was evidently in the most pressing want of materials, to record some of the infor- mation thus collected? how natural for a man, who had been eight months within tne sides of a ship, to mention his satisfaction at finding a gentleman of intelligence and educa- tion, with whom he could converse on the state of these inter- esting islands. It is highly probable that Mr Bloxam had something of this kind. It seems scarcely possible it should VOL. XXVI..N0. 58. 1~3 98 lmerican .AI~ssionaries at the [Jan. have been otherwise. But not even the name of Mr Richards is mentioned in the book. After the Blonde had been at Honorurn in Oahu several weeks, and Lord Byron was about to visit Waiakea, on the eastern side of Hawaii, accommodations were kindly afforded to Mr and Mrs Stewart, that they might accompany him in the frigate. The occasion of this polite and generous attention was the ill health of Mrs Stewart, which, it was hoped, might be relieved by a short voyage. During this voyage, of a month in duration, Lord Byron was always affable, and fre.. quently conversed with Mr Stewart in the most free and fa.. miliar manner. They went to the volcano together; descend- ed into its immense crater at the same time; and together beheld the terrific glare of its fires by night. Yet no mention is made by the voyager of this generous conduct of his com- mander; nor is it even intimated, that Mr Stewart was ever on board the Blonde. This is the more strange, as Mr Blox- am and Mr Stewart showed their journals to each other; and Mr Bloxam wrote some complimentary verses, which have appeared in Mr Stewarts journal, as printed in one of our periodical publications. While at Waiakea, a party was formed to ascend the highest ~mountain on the island. Mr Goodrich, the missionary of the place, was one of the party. Some of the officers of the Blonde also belonged to it. The rest of the party failing from fatigue and cold, Mr Goodrich continued to ascend, and reach- ed the highest peak alone. This general account is given in the Voyage; but the name of the missionary is suppressed; nor is the nature of the enterprise described. The fact is, that Mr Goodrich performed an exploit, which Baron Hum- boldt would have celebrated with enthusiasm. He travelled many miles in the night, after leaving his exhausted compan- ions; continued to ascend till the atmosphere was so rare, as almost to forbid further exertion; passed over large tracts of frozen snow, which was so slippery as to make walking dan- gerous; found difficulty in deciding which was the highest peak; at last succeeded in selecting and climbing it; and there, at three oclock in the morning, the moon shining brightly, he stood in that sublime solitude, upon the top of a vast cone, rising out of the Pacific to the limits of perpetual congelation. But this was not thought worthy of being men- tioned in the Voyage; the small talk, which is introduced Sandwich Islands. 99 into that meagre volume? being considered as of more im- portance. The last time that Lord Byron was on shore, he break- fasted at Mr Biughams by invitation. This was perhaps eight weeks after the phantasmagoria, and six after the council, at which so much coldness and jealousy of the mission would seem, from the accounts of the voyager, to have been appa- rent. At this last interview, on the very day of his leaving the islands, Lord Byron made himself very agreeable; said many civil things; and appeared to enjoy the society around him. Being more acquainted with Mr Stewart, than with any other missionary, he inquired confidentially in private, what, in Mr Stewarts opinion, had been the effect of the visit of the Blonde upon the minds of the chiefs, and the missionaries. This in- quiry was frankly answered by the declaration, that a most happy impression had been made, and that Lord Byron would leave the islands with the affectionate respect, the prayers, and the blessing of the missionaries. He replied that, should he arrive safely in England, it would give him pleasure to meet the inquiries of the christian public with a decided testimony to the usefulness and success of the mission. This pledge was honorably redeemed, immediately on his lordships arrival in London, before a large assembly, the late Joseph Butter- worth, M. P. in the chair. Mr Stewart arrived in London soon afterwards, there met Lord Byron, and received from him the same courteous treatment as at the islands. And yet, unless we are mistaken, it does not appear from the Voyage, that this commander ever deigned to speak to a missionary; or i~hat he ever did a kindness to tiny member of the dmericam mrssron. Nor would it seem, that the chaplain had any more inter- course with the missionaries, than his captain had. Is it pos- sible, that Mr Bloxam should have written a journal, in which there is not a single mention of his having spoken with minis- ters of the Gospel, who were almost daily in his company for more than two months; and who were employed in the great- est and most honorable labors, to which human agency is ever applied? and when these labors were cheered with pros. pects of the most encouraging and delightful nature? There is another strange deficiency in this compilation from the journal of a chaplain. While the Blonde was at the islands, the principal chiefs were proposed as candidates for making a 100 lmerican Missionaries at die [Jan. public profession of religion, after having long had the subject under consideration, and being thought to give sufficient evi-. dence that they understood, and cordially embraced the great principles of the Gospel. Two of these chiefs, who had the greatest influence, namely, Karaimoku and Kaahumanu, are frequently mentioned in the Voyage; and always in terms of respect. Not a word is said, however, about their religious character, or their knowledge of the New Testament. This is the more remarkable, as Jr Bloxam was on board the frig- ate with Kaahnmanu and ber sister Piia during the short voyage which has been mentioned. On the whole, the chap- lain either had a singular taste, as to the selection of interesting facts to be entered in his journal, or the best part of his lucu- brations has been omitted. The voyager, for the sake of telling a good story, has relat- ed, in very glowing language, the visit of a chief woman, Ka- piolani, to the crater of the great volcano; and the Reviewer, being ignorant of all the principal facts and circumstances, has made this story the founda~ion of a series of remarks, designed not only to disparage the labors of the missionaries, but to cover their characters with contempt. We cannot afford room for quoting the obnoxious passages; but affirm that the whole is a misrepresentation. It is worthy of notice, that when missionary attempts are just beginning, the general opinion of philosophical writers seems to be, that notkng can be done; that the superstitions of the heathen are so inveter te, rnd their minds so besotted and obtuse, and the customs of fifty generations so irresistible, that it would be vain to attempt ~a reformation. The condition of these ancient nations cannot be altered. The children must be like the fathers, through all the future ages of the world. But when, after years of patient toil, and many discourage~- ments, a moral revolution has been effected; after the de- based idolater, and the cruel savage, have been raised to the dignity and comfort of civilized life, and brought under the pure and holy influence of religious truth, it is then found out, that this mighty transformation is one of the easiest things that was ever conceived of. The change itself is ascribed to some trifling cause; and the missionaries, far enough from receiv- ing any credit for what they have done, are unmercifully chas- tised for not having done more, in less time, and in a more easy, rational, and agreeable manner. It were to be wished, 1828.] Sandwich Islands. lot that cold, unfeeling critics, who sneer at the labors of mission- aries without knowing anything about them, would set the world an example of what they, in the plenitud9 of their wis- dom, could accomplish. This they have not yet condescended to do; but there are multitudes of men, on whom they could make the experiment; and every philanthropist will rejoice to see light beaming forth from any quarter, however unexpected. In one of the quotations, which we have made from the Voyage, much is said of the strict observance of the Sabbath, and of the unauthorized and unreasonable requirements of the missionaries. We have a strong suspicion, that these charges were compiled in London, not from anything written by Mr Bloxam, or the midshipmen; but that they were derived from a source entirely independent of the Blonde. Our principal reasons are, that none of the officers of that frigate were known to entertain or express opinions so entirely at variance with fact, as those in the paragraph alluded to; but an individual now residing at the islands has frequently, since the Blonde left them, made numerous statement~ of the same general nature with these, and distinguished equally by a settled hos-. tility to the mission, and a total disregard of truth. But let us recur to the charges. it is said, in substance, 1. That the missionaries induce the natives to observe the Sabbath with unnecessary rigor. The only proof adduced is, that the natives are forbidden to make a fire for cooking on that sacred day. Mr Stewart has sufficiently explained that matter by saying, that the work of preparing food and cooking it, is the work of a large part of a day. This work is not ordinarily performed by the people more frequently than once in three, four, or five days; and therefore it is obviously proper that it should not be performed on the Sabbath. The mis- sionaries do indeed desire, that the Sabbath should be con- secrated to those religious purposes, for which it was designed. 2. The missionaries are said to insist on their proselytes appearing at church five times every day. Were it not that this charge is carefully distinguished from the one, which re- lates to the Sabbath, we should be inclined to the charitable conclusion, that the writer intended, by the phrase every day, no more than every day of religious worship, that is, every sab- bath. But, as the words now stand, such a construction can- not be admitted. It would not be true, indeed, if it were confined to the Sabbath; but the falsehood would not have 102 .~1merican .Missionaries at the [Jan. been so glaring. Did the writer expect to be believed, when he said, that the missionaries insisted on their proselytes ap- pearing at church thirtyfive times a week? Mr Stewart says, there were but three public meetings in a week, designed for the people generally; namely, two on the Sabbath, and one on Wednesday evening. Beside these assemblages, there were Sabbath schools, catechetical exercises, and various other more retired meetings, as in Great Britain and America. As to the reasons, which the voyager puts into the mouths of the missionaries, it is superfluous to remark, that they have receiv- ed a coloring, which destroys their identity. Something may have been said, which was taken as the occasion of these apol- ogies; but in so different a connexion, and with so different an application, as to make the use of ttiem here an utter perversion. We have now done with the Voyage, and shall direct the attention of our readers for a few moments to the Reviewer. He does not confine himself to the Voyage of the Blonde, but has had access to letters of Captain Beechey, commander of the sloop of war Blossom, who touched at the islands in the spring of 1826, on his way to meet captain Franklin, be- yond Berings Strait. This captain is said to be a man of intelligence; but, owing to his national prejudices, or some other cause, he was most egregiously imposed upon by the individual, to whom many slanders against the missionaries can be directly traced. We speak advisedly here; for we can prove in a court of justice, that some of the stories, told by Captain Beechey, were told before his arrival at the islands, and i~i the same words, by the individual referred to; and what is more, we can prove the stories to be utterly false. The substance of Captain Beecheys charges is, that the missionaries, by the multiplicity of their religious observances, are withdrawing the people from agricultural labors, and thus leading them into poverty, misery, arid civil war. Now it might have been well if the captain had inquired, whether, in the history of the human race, it has ever occurred that learn- ing to read and understand the Bible has produced such effects as these. But let us examine his facts. Thousands of acres of land, says he, that before produced the finest crops, are now sandy plains. The mission began to exert a considerable influence in the year 1824, about two years before Captain Beecheys arrival. 1828.] Sandwich Islands. 103 This is rather a short time for producing an effect so deleteri- ous, as to change a fruitful country into sandy plains. But it happens, that all the sandy plains seen by Captain Beechey, or his informer, have been in the same situation as at present for many years. Some of them are mentioned by voyagers in the year 1804, which was sixteen years before the arrival of the first missionaries. There is no doubt that more land was formerly cultivated than at present, and that the islands were far more populous than now. There is as little doubt, that the depopulation was occasioned by the original vices of the people, greatly aggravated by the vices derived from English- men in the first instance, and Americans afterwards. If this depopulation should continue, it will not be owing to the Bible, or the missionaries, but to the opposition of abandoned white men to the only principles, which are of sufficient efficacy to redeem and save a sinking people. Probably Captain Beechey does not know, that the natives, before the missionaries arrived, were accustomed to spend whole weeks together, congregated by thousands, for public games and dances, during which seasons of revelry, the most disgusting licentiousness prevailed. Is it credible, that such a people should be rendered more idle and improvident, by ex- changing their games of chance for reading and writing, and their public dances for the intelligent worship of the true God? Again, we are told by the captain, that provisions are so extremely scarce, that not long since the king sent to beg a little bread of the American consul. it is curious to observe what sort of evidence is here relied on. The king, a boy thirteen years old, asked of an American, a little bread, a foreign article; and this is to prove an extreme ~carcity of provisions ! Sup- pose one of the English nobility, who once lived at Rome, or Naples, but who now resides in London, should send to one of his acquaintance, and beg a little vermicelli, would it prove the existence of famine in the British metropolis? Mr Stewart expresses the opinion, that the present king, boy as he is, has never seen a day, since he received the title of king, in which he could not immediately provide for a thousand men. During the year 1826, the port of Honoruru was visited by more than a hundred foreign vessels, many of them hav- ing large crews, and staying one, two, and three months. After long voyages, the men consume large quantities of fresh 104 .lmerican .Missionaries at the [Jan. provisions, vegetables, and fruits; and, on going to sea, they take from forty to sixty barrels of potatoes, taro, & c. for each vessel. It would not be strange, if, in such circumstances, there should be a scarcity of those provisions, which are most in demand; especially when it is considered, that the people have never been encouraged to industry, by having the fruits of their labor at their own disposal. But what is the fact? In the year 1822, the mission had produced little effect upon the mass of the people. The same port was visited that year by less than fifty vessels. The price of provisions was dearer than at any time since; and almost twice as dear, as at the time when Captain Beechey was predicting a famine. Chris- tianity is now pleading for the rights of the common people, and inducing the chiefs to be mild, and merciful, and just to them; and, in this way, unless the benevolent designs of the missionaries are frustrated by ill 4isposed foreigners, the en- couragement to industry will be so great, as to secure an abun- dance of the productions of the soil. This, while it essentially aids the natives in the process of civilization, will afford a niost grateful supply to the numerous ships which traverse the Pacific. The Reviewer supposes, that the idleness, poverty, misery, and the forebodings of future evil, so strongly described by Captain Beechey, were brought upon the poor simple natives, by the xnis~sionaries having preached against neglecting the one thing needful; thus inducing the people to spend all their time in religious pursuits, and leaving no time for the concerns of this world. Again, says the Reviewer, the apprehension of civil war, expressed by Captain Beechey, appears to be owing to anoth- er text of Scripture, which says, that in the kingdom of heaven none is before or after another, none is greater or less than another; which, as the American teachers apply and expound it, is exactly to tell these poor creatures, that all men are equal, a doctrine which Mr Binghams countrymen are more ready to preach than to practise. The Reviewer has not given us chapter and verse for the text, that prompted to so mischievous and seditious an exposition; which is the more to be regretted, as, in the course of our reading the Bible, we have never fallen upon any such passage of Scripture. But is the Reviewer seriously afraid, that men should be taught tbat they have rights? The Gospel has delivered many 1828.] Sandwiek 1sla~ds. 105 nations from cruel bondage; but it has never yet enslaved any, nor authorized or prompted sedition and violence. Its pacific tendency has already been felt at the islands, in more instances than one. As to Captain Beecheys stories about Tahiti and Tubuai, they are all second hand, and were coined in the same mint with the others. He was so far imposed upon, as to believe that many of these islanders had died, because they were too lazy to cook oftener than once a week, and were therefore in the habit of eating sour food. This produced complaints in the stomach, and carried them off. Such is the story. The fact is, however, that the Sandwich Islanders, and proba- bly other islanders of the Pacific, keep their food, till it h~is fer- mented, because they prefer it in this state. And as to health, there probably is not a more nutritious diet in the world, than that of the people at the Sandwich Islands, of which sour poi (an esculent vegetable, cooked, pounded, made into paste, and fermented) is the principal article. The chiefs, who al.. ways have an abundance of this food, are men of enormous size. We are informed in the Voyage, that Kuakini (John Adams) then only twenty-seven years old, weighed three hun- dred and sixty-four pounds, avoirdupois. He is six feet three inches high, and so well proportioned as not to have the ap- pearance of great corpulency. Several of the chief women are said to weigh more than three hundred pounds each; and yet they have been eating sour poi all their lives. After all, Captain Beechey admits, says the Reviewer, that the missionaries are entitled to every credit, for having succeeded in abolish~ag human sacrifices and the prevailing crime of infanticide. Indeed! Entitled to every credit! And shall not those, who have shown themselves capable of accomplishing the greater, do something toward accomplishing the less? Will men, who have weakened, and finally broken the bands of a depraving superstition, and raised up the most abject of their race to dignity and virtue, be found inadequate to the task of inculcating the duties of social and civil life? It would not have been amiss, if Captain Beechey and the Reviewer had patiently inquired what the missionaries had done, and in what manner they had done it, before they were stigmatized as wanting in common sense. There are, in the course of the Review, several glowing descriptions of the good done by missionaries, in numerous voL. xxvl..No. 58. 14 106 american Alis8ionaries at the [Jan. islands of the Pacific; but they were native missionaries, sent from islands, previously converted to christianity, to other islands remaining in their idolatrous state. They were in- structed, however, and fitted for their work by missionaries of European origin; and this should have led to some favorable conclusions respecting the labors of those, who first introduced christianity into Polynesia. The Reviewer, taking the hint from a passage in the Voy- age, which we. have already quoted, commends the example of the Moravians, and eulogizes their labors, at the expense of all other missionary efforts. We are very sure that these writers have not a higher opinion of the Moravians, and their persevering and faithful exertions, than we have long entertain- ed. It has, however, been the fashion of late, with those who dislike missions generally, to praise the Moravians highly, on two accounts, which are set forth as peculiar to them; namely, their declining to preach the higher points of doctrine, and their teaching their converts to be industrious. The title of these good missionaries to praise for the first reason, is more than questionable; for no men were ever more assiduous in proclaiming what they deemed the peculiar doctrines of chris- tianity. On these they build their hope of success; and they fortify themselves by the results of experience, now extended nearly through a century. Their industry is indeed worthy of high commendation; and though it may not have been sur- passed, it has been successfully imitated by missionaries of several other denominations. If the Moravians had attempted to benefit the Sandwich Islanders, they would have labored to make piety, temperance, justice, purity of mind, and chastity, as well as industry, uni- versal. Had they succeeded according to their desire, no lewd, abandoned, fraudulent visiter, could have touched at the islands, with the least hope of gratifying his brutal or selfish desires. And how would this state of things have been relish- ed? Would it not have called forth slander, abuse, misrepre-~ sentation, and malignant opposition? The Moravians have not been without experience of these evils. In the course of the last century, among other enterprises of benevolence, they commenced a mission to the Indians, in the borders of what is now one of the United States. Here they were traduced and vilified by their white neighbors, almost as much as Mr Bingham and his associates have been slandered at the Sand.. 1828.] Sandwich Islands. 107 wich Islands. The Moravians were also accused of interfer- ing in politics; and this brought great odium and severe per- secution upon them; though the charge was utterly groundless. We will here take occasion to say a word on the manner in which the islands of the Pacific became inhabited. It is found that the natives of Polynesia, from New Zealand to the Sandwich Islands, are one people, having the same manners and customs, and speaking the same language; and this fact is sufficient to silence forever the infidel objection, that man- kind could not have descended from one pair, because the different parts of the earth could not have been thus peopled. If the islands of the Pacific, whose inhabitants are all ignorant savages, are descended from a common stock, as they cer- tainly are, we need not be greatly troubled about the alleged impossibility of peopling any part of the world with the de- scendants of Noah. The question how these islands were first settled, is not very easy of solution. Tradition is nearly silent respecting it. History discloses nothing. The Reviewer is not at all puzzled, however, with any difficulties of the case. After deciding that the people are oriental, he says, their dispersion over the Pacific is easily accounted for, by the constant easterly winds, which at various times, and in various directions, may have blown fishing canoes from the Asiatic islands to those scattered over the Pacific, and from one of these islands to another; which last accident, indeed, is con- stantly happening at the present day. Let no man despair of a theory to suit any exigency after this. The constant easterly winds, which are commonly called trade winds, have, it would seem, the astonishing property of blowing canoes from the west to the east; so that, by this new species of attrac- tion, these canoes, against the will of their owners, against the waves and currents, and against the winds them*elves, have traversed the wide Pacific, and carried the ancestors of the present inhabitants to every island. Just before the number of the Quarterly Review, containing the article on the Sandwich Islands, issued from the press, a letter was received in London, which, as it reiterates the charges against the American missionaries, the Reviewer was very eager to introduce, though at the distance of more than a hundred pages from the principal article. The letter purports to have been written by Boki, governor of Oahu, and brother of Ka~ raimoku. It is unquestionably a forgery, and a very glaring 4merican Mi~ssioncsries at tke [Jan. one; though the Reviewer pledges himself that it is genu. me. The letter and the introductory paragraph are as fob lows; Since the preceding pages have been struck off, we have been favored with the following literal copy of a letter of Boki (which we pledge ourselves to be genuine), confirming what we have stated with regard to the conduct of the American missions aries at the Sandwich Islands. Islands of Woakoo, Jan. 24, 1826. Sir,I take this opportunity to send you thes fa lines, hopping the will find you in good health, as ples god the leve me at pres- ent. I am sorrey to inform You that Mr Pitt (Karaimakoo) has gon thro four opperashons since you sailed from here, but thank god he is now much better, and we ar in hops of his recovery, and I am verey sorey to tell you that Mr Bingham the head of the Misheneres is trieng evere thing in his pour to have the Law of this country in his own hands. all of us ar verry happy to have sum pepel to instruct us in what is rite and good but he wants u~ to be entirly under his laws, which will not do with the native& I have don all in my pour to prevent it and I have don it as yet~ Ther is Cahomano wishes the Misheneres to have the whol ator.. ity but I sholl prevent it as long as I cane, for if the have their will be nothing done in thes Ilands not even cultivation, for ther own use. I wish the peppel to reid and to rite and likewise to worke, but the Misheneres have got them night and day old and young so that ther is verrey little don her at present. 1he pepel in general & r verrey much discetisfied at the Misheneres thinking they will have the laws in their own hands. Captain Charltori has not arived from Otiety which makes me think sumthing has hapned to him. Mr Bingham has gone so far as to tell thes natives that nether king George nor Lord Biron has any regard for God, or aney of the English cheefs, that they are all bad pepel but themselves, and that there is no Redemsion for aney of the heads of the English or American nations. God send you good health and a long life. Mrs Boki sends her kind love to Lord ]3iron and Mr Camrone and the Hon. Mr Hill. (signed) NA-IIORI. We do not suppose, that the Reviewer suspected this let. tor of being a forgery; but, with a moderate share of perspi.. cacity, he would have suspected it; and the least suspicion should have prevented its publication. With what contempt would the Quarterly Reviewers look upon a Greek or Latin epistle which shoold he vouched for, as having been written in 1828.] Sandwich ldand. 1.09 the days of Xenophon or Cicero, but which, on the slightest examination, should prove a literal translation of a modern English letter, such as an ordinary youth of fifteen would now write on a common subject? What would they think of a letter written by a Frenchman, represented as so ignorant of the English language as not to be able to spell it, and yet ex- pressing himself entirely in the English idiom, without a single word or phrase, that indicated a foreign origin? But neither the Greek, the Latin, nor the French is so different from the English, in idiom and train of thought, as is the Sandwich Is-. land tongue. The only disguise of the letter under consideration is bad spelling, which is really no disguise at all; for a half instructed foreigner would learn to spell the English language right much sooner, than he would learn to use words in their proper meaning, or to form them into proper phrases and sentences. A foreigner learns to spell by the eye, and therefore he spells correctly the new language which he is writing. He consults his memory, or his dictionary, well knowing that the ear is to him no guide at - all. What Englishman, for instance, ever undertook to spell the F~rench language merely from hearing it spoken? This is not mere theory. We have seen nume- rous letters written by imperfectly educated foreigners; and the spelling is uniformly, in such cases, much more correct than the composition,the use of words, the arrangement, the idiomatical phrases. Since the article in the Quarterly Re- view appeared, a respectable clergyman has shown us an orig.. inal letter, written by a youth from the Sandwich Islands, who was then under the tuition of several students in the Theolog.. ical Seminary in Andover. The occasion was this. Mr Mills, whose name is dear to every friend of missions and of Africa, was absent from Andover, and had just been afflicted by the death of a beloved mother. The youth in question had re- ceived much kindness from the mother and the son, and was advised to write a letter of condolence; which he did, in the following words; in copying which we shall follow his spel- ling, punctuation, and use of capitals. Andover January 1810. Dear Sir. Mr. Samuel 3. Mills. Now I no Father and no mother. and your mother very good to me. now I hope she go to God. so I mind what she say so I must be a good man if I come to good man I hope I see her again. she 110 [Jan. ./ImericarL Missionaries at the very kind to me now I lost my mother and my friend your moth er. Behold I am not feel very well. 1 am, HENRY OBOOKIAIL In the pretended letter of Boki, the whole is English, as to thought, style, and idiom; and even the errors in spelling are those into which an illiterate Englishman would fall, but which are very different from the errors of an ignorant foreigner. It is obvious, also, that no person would speak of his own people as the natives, and these natives; nor would he speak of them as a party, or a community, distinct from himself. These things are plain to any reflecting man, though he may know nothing of Boki, except that he is a Sandwich Island chief. But the Reviewer had been treating of a book, in which there is no proof that Boki ever spoke English, while there is frequent mention of the interpreter for the party, while they were in London. To those, who are intimately acquaint- ed with the state of things at the islands, it is known, that if Boki had written the letter, he would have spelled the proper names in his own language rightly. Four of these occur, and not one of them is rightly spelled; though all the natives, who have learned to write, are in the constant habit of spelling them correctly. In the spelling of these four names, there are thirteen mistakes, nearly all of them such as Englishmen and Americans actually make; the natives never; be& ause they use an alphabet, which preserves them from the ordinary causes of error in spelling other languages. The English names, Pitt, Bingham, Charlton, George, and Hill, are all spelled correctly; which is singular enough for a writer, who could not spell his brothers name, in his own language, without making two mistakes. But to bring the matter to a close at once~ Boki cannot understand, or speak English, except a little, in short broken sentences, on the most common subjects. He transacts all business with Englishmen and Americans, by the aid of inter- preters; and his ignorance of the English language is so well known to all, that, in the autumn of 1826, plain sentences, ut- tered by Captain Jones of the United States navy, were de- signedly misinterpreted to him in public, and without any fear that he would detect the error. Nor was he able to do it. Had it not been for the kind interposition of Providence, much injury would have resulted from these attempts to deceive him. V 1828.] Sandwich Islands. 111 As to writing English, the thought never entered Bokis mind. He never learned to read it; and such parts of sen- tences as, trying everything in his power to have the law of this country in his own hands, nothing done in these islands, not even cultivation for their own use; no redemption for any of the heads of the English or American nations,wouid be utterly beyond his comprehension, if written by another. It is highly probable, that the letter was signed by Boki, a specious account having been given him of its contents. There are strong reasons for thinking, that it was antedated six or eight months, in order to render the imposition more effectual. If such a forgery were committed merely as a matter of sport, without any malicious intention, it would be extremely reprehensible; but what act can be more dishonorable or wick.. ed, than to make a deliberate fabrication the vehicle of false charges, the object and tendency of which are to prejudice the world against the exertions of men, who have made no ordina- ry sacrifices in devoting their lives to a most arduous task, and thus materially to impede a work, upon which the moral and intellectual progress, the present and future happiness, of many tribes and nations are depending? ART. IV.Select Specimens of the Theatre of the hindus; No. I, THE MUICHCHAKATI, or THE Toy CART; a Drama. .JVo. II, VIKRAMA AND UitvAsl, or THE HERO AND THE NYMPH; a Drama. Translated from the original Sanscrit by HORACE HAYMAN WILSON, Secretary to the Asiatic Society of Bengal. Svo. pp. 204 and 105. Calcutta, 1826. MR WILsON appears, either by way of Introduction to these Specimens, or in some separate work, to have written d General View of the Hindu Dramatic System, principally derived from the Dasa Ritpaka, which we take to he a Sanscrit work on the same subject. This General Views we have not had the advantage of seeing, and are consequently obliged to review these translations, without the light it would no doubt have afforded us.

Hindu Drama 111-127

V 1828.] Sandwich Islands. 111 As to writing English, the thought never entered Bokis mind. He never learned to read it; and such parts of sen- tences as, trying everything in his power to have the law of this country in his own hands, nothing done in these islands, not even cultivation for their own use; no redemption for any of the heads of the English or American nations,wouid be utterly beyond his comprehension, if written by another. It is highly probable, that the letter was signed by Boki, a specious account having been given him of its contents. There are strong reasons for thinking, that it was antedated six or eight months, in order to render the imposition more effectual. If such a forgery were committed merely as a matter of sport, without any malicious intention, it would be extremely reprehensible; but what act can be more dishonorable or wick.. ed, than to make a deliberate fabrication the vehicle of false charges, the object and tendency of which are to prejudice the world against the exertions of men, who have made no ordina- ry sacrifices in devoting their lives to a most arduous task, and thus materially to impede a work, upon which the moral and intellectual progress, the present and future happiness, of many tribes and nations are depending? ART. IV.Select Specimens of the Theatre of the hindus; No. I, THE MUICHCHAKATI, or THE Toy CART; a Drama. .JVo. II, VIKRAMA AND UitvAsl, or THE HERO AND THE NYMPH; a Drama. Translated from the original Sanscrit by HORACE HAYMAN WILSON, Secretary to the Asiatic Society of Bengal. Svo. pp. 204 and 105. Calcutta, 1826. MR WILsON appears, either by way of Introduction to these Specimens, or in some separate work, to have written d General View of the Hindu Dramatic System, principally derived from the Dasa Ritpaka, which we take to he a Sanscrit work on the same subject. This General Views we have not had the advantage of seeing, and are consequently obliged to review these translations, without the light it would no doubt have afforded us. I 112 Hindu Drama. [Jan. The knowledge of the Sanscrit drama was first imparted to the nations of Europe, by Sir William Jones. Before his ar- rival in India, it was not known that the Hindu literature was enriched with that species of composition. Sir William in- forms us, in the preface to Sacontal& ,* that his attention was first called to the subject, by a passage in the Lettres .Ed~fiarttes, to the following effect ; that in the north of India, there are many books called A~tac, which, as the Brahmans assert, contain a large portion of ancient history, without any mixture of fable. It was some time before Sir William could find out what the nature of these .JVdtacs was. At length, says he, a very sensible Brabman, named Rhdh~chnt, who had long been attentive to English manners, removed all my doubts, and gave me no less delight than surprise, by telling me that our nation had compositions of the same sort, which were publicly represented at Calcutta, in the cold season, and bore the flame, as he had been informed, of plays.~ Sir William Jones expresses the opinion, that dramatic Ike.. rature must have been extremely ancient in the Indian empire, inasmuch as the invention of it is usually ascribed to Bharat, a s~ge believed to have been inspired. The name, by which India is called by the natives of that country, Bliarata-vaskta, Would seem, in fact, to indicate a connexion between this in- spired dramatist, and the very incunabula of the Hindu people. Sir William, however, considerately adds, that this opinion of the origin of the Hindu drama is rendered very doubtful, by the universal belief, that the first Sanscrit verse ever heard by mortals, was pronounced, in a burst of resentment, by the great Vhlmic, who flourished in the silver (antediluvian) age of the world. He adds also, in additional derogation from the claims of Bharat, as the inventor of the Indian drama, the following wild story, as he calls it, of the production of the first regular Sanscrit play. It was composed by Hanumat or Pavan (a singular alias) who commanded an army of Satyrs, or Mountaineers, in Ri~mas expedition against Lanc~. It is added, that he engraved it on a smooth rock, which (be- ing dissatisfied with his composition) he hurled into the sea; and that, many years after, a learned prince ordered expert divers to itake impressions of the poem on wax, by which means the drama was in a great measure restored. My * Sir William Joness Works, VI. 203. Quarto edition. 1828.] Hindu Drama. 113 pandit, continues Sir William Jones, assures me, that he is in possession of it. Considering its history, one might look in honest Hanumats play, for some specimens of the bathos. The publication before us contains the translation of two Sanscrit plays, which, with the Sacontalh of C~did~sa, already translated by Sir William Jones, are the only entire specimens, we believe, of the Hindu theatre, which are before the public. Of these two plays, the second, Vikrama and Urvasi, is also the production of Calidasa, the Shakespeare of India; but as The S.tri:chchakati, or The Toy Cart, is contained in the first number, and is the performance of a poet not hitherto intro- duced to the western world, we shall make it the first subject of remark. The introduction of The Toy Cart itself ascribes the compo- sition to a royal bard, Sudraka by name. The first question that arises then, in order to ascertain the age of this drama is, when did his sacred majesty Sudraka reign. As the solution of this question presents a pretty good specimen of the manner, in which points of Hindu, and we may add, Chinese antiqui- ty, are sometimes settled, we shall enter a little more partic- ularly into it. Although the name of Sudraka, we are told, is very cel- ebrated in Hindu history, yet it is a matter of controversy, whether he lived one hundred years before, or one thousand years after, the christian era! It seems to be admitted, that he preceded Vicram& ditya (we use Sir William Joness or- thograpliy, Dow and Polier read it Bickermagit*), but whether it be the Vicramaditya, who died fifty-six years before our Savior, and whose death is the beginning of an era in India, or another king of the same name, who flourished in the eleventh century of the christian era, is questioned. Colonel Wilford, however, is satisfied with neither date, and assigns another of his own, to the royal dramatist, to whom we are indebted for The Toy Cart, namely, the year of our Savior 192. Colonel Wilfords deduction of this date deserves quoting as a chronological curiosity. It is almost as good as Lord Shaftesburys descent from king Pepin. It is as follows. Puliman, the last king of Magadha, of the Andhra dynasty, died A. D. 648, and is said to have reigned 456 years after the first king of the same dynasty, who must *Heerens Ideen. Th. I. Abth. ix. s. 407. VOL. XXVI.NO. 58. 15 114 Hindu Drama. [Jan. accordingly have flourished A. D. 192. Now it is said, that in one of the very ancient religious books of the Hindus, there is this prophecy; that in the year of the Kali 3,300 minus 10, a great king (it appears not where) would reign, named Sudraka. The year of the Kali 3292, is A. D. 192; hence Sudraka is the king already alluded to, as the first king of Magadha of the Andhra race. It is true, this founder of the Andhra dynasty is,. in the Hindu histories, called by a totally different name; but then as the Hindu prophecies foretold, that Sudraka would reign about the same time, there is no doubt, according to Colonel Wilford, that we possess, in The Toy Cart, a play in ten acts, really written by the individual, who deposed the last sovereign of the Kanwa family, and reigned over Magadha in his stead. It is with some concern, after we have thus been at the trouble of fixing his majestys era, that we are informed by Mr Wilson that there is but one prince so named, of any note, in the annals of the Hindus. That it was written by the one, who is so remarkably notorious, as to have the period of his reign unsettled, by about eleven centuries, does not appear. The only additional fact communicated with respect to the author of this piece, is the duration of his reign, which ex- tended, it is said, to one hundred years, and which terminated by what is courteously styled voluntary cremation. In plainer phrase, it appears that his majesty, soon perplexed with the cares of empire, after reigning but a single century, burned himself to death; a striking instance of want of am- bition! There are few of his majestys predecessors of that age of the world in India, who did not cling to their sceptres, their three and four hundred years. Our royal bard, at the close of a poor century, takes himself off; not indeed throw- ing a firebrand into the Magadha empire, but lying down peaceably upon his own funeral pyre. But it is time to pass from the king himself to the burning words of his tragedy. After a solemn benediction in the name of Seeva, the manager enters on the stage, and apprizes the audience, that his company are prepared to enact the dra- ma entitled The Toy Cart. This name arises from an incident in the play, to which we shall allude in its place. He informs the audience, that there was a poet, whose gait was that of an elephant, whose eyes resembled those of the partridge, whose countenance was like the full moon, who was of stately per. 18284 Hindu Drama. 115 son, amiable manners, and profound veracity, well versed in the Rig and Slima V6das, in mathematical sciences, in the elegant arts, and the management of elephants. After this glowing description of the author of the play, the manager proceeds in part to open its plot to the audience. In Avanti (the modern Ougein, the capital of Scindiah) lived a young Brahman of distinguished rank and excellent character, but reduced to poverty; his name was Gk& rudatta. A lady (sustaining the same relation to society in Avanti, that Aspasia did in Athens), Vasantas~n4 by name, becomes enam- ored of Charudatta, and, although the worthy Brahman already enjoys the blessing of a faithful and virtuous wife, the business of the play is to effect an additional union (which the manners of India permit) between Vasantasena and Charudatta. After hinting at this plot, the manager enters into a dialogue with one of the actresses, and subsequently with one of the characters of the piece, in proprid persond, and then goes off. By way of illustrating the dramatic taste of the Hindus, it may be observed, that the greater part of the prelude has no possi- ble connexion with the play; not even sue/i a connexion, as that which the Induction, that precedes the Taming of the Shrew, has to the body of that comedy. The play opens with a dialogue between the impoverished Brahman, Charudatta, and his friend .Miaitreya, the Gracs- oso, or, as the Hindu criticism styles it, the VidAsliaka of the piece, a character of mixed shrewdness and simplicity, with an affectionate disposition. Charudatta, while engaged in the performance of the evening sacrifice, falls into a la-. mentation with Maitreya on the evils of poverty. They are interrupted by the sound of pursuing voices, and Vasanta-. sena the beautiful, wealthy, and virtuous courtezan, the heroine of the piece, rushes upon the scene, in front of Charudattas house, followed by Samsth& naka (the brother-in-law of the Rajah, an ignorant, frivolous, and cruel coxcomb), who, enam- ored of Vasantasena, and attended by his tutor, a Parasite (the Vita of the Hindu stage), and a servant, are pursuing her through the streets. This lady, having seen Charudatta, ir~ the court of a temple, had conceived a strong attachment for him, of which, however, Charudatta himself was ignorant; as was Vasantasena that she had been pursued to the door of the man, who had inspired her with the tender passion. In the dialogue, which takes place between Vasantasena ~nd her 116 Hindu Drama. liJan. pursuers, the former incidentally learns, that she is in front of of Charudattas dwelling; and, as it is now the dusk of the evening, she immediately escapes into it, thus eluding their pursuit. To account to Charudatta for this visit, and at the same time to ensure a farther intercourse, Vasantasena tells him, that she has been pursued by robbers, for the sake of her jewels, which she accordingly begs him to accept, for safe keeping; and then to conduct her home. This Charudatta accordingly does, but not till he had learned (in a scene with the pursuers without the door), what before he was ignorant of, that he was the object of Vasantasenas affections. The first act closes with Charudattas return from conducting Vasantasena home. The second act opens with a scene curiously illustrating the Hindu manners. A Samvbltaka (or joint-kneader) an im-. portant personage in the bathing establishments of the East, having lost at play ten suvernas, which he cannot pay, escapes by flight from the gaming house, pursued by the master of the house and the gamester to whom he had lost the money. To elude their pursuit, he walks backwards, like Cacus, into an open temple, and places himself on a pedestal, as the deity of the temple. The pursuers enter, and immediately recognise him. Not daring, however, to force him from the sanctuary, they shake and pinch him, affecting to think him an image of wood or stone. This scene doubtless gave no little scope for the practical wit of the Hindu stage. In order to lure the Samvahaka from his stand, the gamesters sit down on the floor, and begin to throw their dice for a stake. The poor Samvahaka, like a warhorse who hears the trumpet, un- able to resist the tempting sound of the dice, proves too soon, that he had not yet forgot himself to marble, and leaps from his pedestal, to watch the progress of the game. He falls of course into the hands of his merciless creditors, and being un- able to acquit his debt to them, is carried off to be sold to slavery; the Hindu form of mesne process. While they are carrying him off for this purpose, another gamester, Darduraka, comes in; takes pity on the sad plight of the Samvahaka; picks a quarrel with his creditors; and in the md~e, gives the Samvahaka a chance to escape for his life; which lie does to the house of Vasantasena, near which these occurrences take place. Having entered the house and the presence of this lady, 117 1828.] HincZr~ Drama. and having received her promise of protection, never denied to a suppliant in the East, the Samvahaka effectually secures to himself the favor of Vasantasena, by disclosing the fact, that he had been in the service of Charudatta, before the de- cline of thispersons fortunes. The love, which the lady bears to Charudatta, makes her eager to be useful to the Samva- haka, his former servant; and hearing, without doors, the clamors of his pursuers, she sends a jewel to them, in the name of the Samvahaka, and in acquittance of his debt. Dis- gusted with the occurrences, which had befallen him at the gaming table, the Samvahaka avows his determination to aban- don the worldly life he had hitherto led, and become a men- dicant, or wandering devotee of the faith of Budha,a faith not as yet proscribed in Hindustan. At the commencement of the third act, Charudatta and his friend Maitreya are represented as returning from a concert, the former in ecstacies at the voice of a skilful singer Rebhila; while Maitreya expresses himself in a manner calculated to lead one to suppose, there was the same difference among men, as to the taste for music, under king Sudraka, three or four thousand years ago, that there is in this transatlantic re- public at the present day; Now for me, says this surly censor, there are two things, at which I cannot but laugh; a woman reading Sanscrit, and a man singing a song. The woman snuffles, like a young cow, when the rope is first put into her nostrils; and the man wheezes, like an old Pundit, who has been repeating his bead roll, till the flowers of his chaplet are as dry as his throat. To my seeming it is vastly ridiculous. After something more in this strain, and after Charudatta has particularly entrusted Maitreya with the charge of Vasanta- senas casket of jewels, the two Brahmans drop asle~~p. While they are asleep, a dissipated blade, named Servillaka, breaks in upon the scene, on a burglarious errand, and adroit- ly plunders the sleeping Maitreya of the casket of jewels; which he designs as a present for .Miadanikis, the handmaiden of Vasantasena, with whom he is in love, and whose freedom he hopes to purchase with this treasure. A servant soon enters, who, discovering the robbery, awakens her master and his friend. Charudatta is of course dismayed at the loss of the rich casket, which he had received as a pledge, and which, in conse- quence of his poverty, he fears it will be thought he has him- 118 Hindu Drama. [Jan. self secreted. The servant carries back to her mistress, the wife of Charudatta, the tale of her masters sorrow, at the loss of the casket; and this excellent lady immediately determines to give up to her husband a string of diamonds, the last remnant of her bridal treasures, to enable him therewith to make some compensation to Vasantasena, for the loss of her jewels. With this string of diamonds, accordingly, Maitreya is sent, in the name of Charudatta, to the house of Vasantasena, with the message, that Charudatta, having rashly engaged in play and lost the casket at the gaming table, was now desirous of making com- pensation with a string of jewels. Meantime, however, and before this errand is performed, Servillaka, the innamorato of Vasantasenas handmaiden, having, as we have seen, stolen the casket, comes and presents it to the said maiden, Madanika, in order that with it she may purchase her freedom of her mistress Vasantasena. On his acquainting Madanika with the manner of acquiring the cask- et, the latter, immediately recognising it as the property of her mistress, confided to Charudatta, easily convinces Ser- villaka of the necessity of returning it, either to her lady or Charud atta; and between them they devise the plan, that Servillaka should pretend to be a messenger sent ky Charu.. datta to restore it to her. While this little device is arranging, Vasantasena, unknown to the lovers, overhears it all, from the upper part of the room. Thus let into the secret, Vasan.. tasena approaches, and with all imaginable gravity receives the casket from Servillaka; and having informed him that it was agreed between her and Charudatta, that whenever the casket was returned, the messenger, who brought it, should receive Madanika for his pains, she bestows the maiden on Servillaka. The lovers, from this act of generosity, perceive that Vasanta-. sena was, they know not how, in possession of their little secret, and awaie of their fidelity to her in restoring the jewels. In this part of the play, the underplot is first brought into notice. The king, P& laka, is universally detested as a tyrant, and is particularly odious to the Brahmans. A prophecy is cur- rent that .dryaka, the son of a cowherd, shall ascend the throne in his place; and alarmed by this prophecy, the king sends out to apprehend Aryaka and his followers, and cast them into prison. Among these followers are the gamester Darduraka (whom we mentioned above, as having interfered in behalf of the Samvahaka), and also Servillaka. Servillaka has no soon- 1828.1 Hindu Drama. 119 er received Madanika from Vasantasenas hand, than the public crieri comes round, proclaiming that Aryaka is in prison. Servillaka determines to go and rouse his friends, to relieve him, and meantime sends his newly acquired mistress, for s~ife- ty, to the house of the aforesaid Rebbila, the singer. By this time, Maitreya, the friend of Charudatta, arrives at Vasantasenas house, to bring the string of diamonds, in compen- sation for the supposed lost casket. Here an extraordinary scene is set forth, and one which, if the resources of the Hindu scene-painters are on a level with the poets genius, must have been in representation truly splendid. Maitreya is taken through eight successive courts, composing the house of Vasantasena; and pausing in each, the servant who guides him, and 1~Iaitreya, describe in dialogue, the various parts of the domestic econo- my, display, and furniture; connected with each court. They at last get access to the lady herself, the mistress of all this magnificence. She takes the jewels from Maitreya, not he-. traying to him, that she has already received hack her casket; and informs Maitreya, that she shall visit his friend in the eve- fling. Maitreya, who is somewhat misanthropic, conceives that the object of this visit is to extort from Charudatta some fur- ther compensation for the casket. We have now reached the fifth act; hut a Hindu play is not so soon disposed of. The visit of Vasantasena, promised in the last act, now takes place, in spite of an impending storm. Imitating the fabricated message, which Charudatta had sent her, relative to the loss of the casket, she tells him, that having staked the necklace he had sent her, at play, and lost it, she had come to make him compensation; and presents him the aforesaid casket of jewels. Charudatta then learns how she became possessed of it; and the storm having meantime in- creased, Vasantasena yields to Charudattas invitation, that she would pass the night at his house. The next act represents Vasantasena preparing to proceed, in Charudattas litter, to the public flower garden, Pusipaka- randa, whither Charudatta has already repaired. Before leaving the house, Vasantasena sees the child of Charudatta, drawing his earthen toy cart, and weeping for a golden one, such as he had seen in the possession of a playmate, the child of a rich landholder. Vasantasena takes off her jewels, and putting them into the childs earthen cart, bids his nurse take him to buy a golden cart, from the sale of the jewels. This 120 Hindu Drama. [Jan. incident has an important connexion with the catastrophe of the piece, and gives it the name of The Toy Cart. While Vasantasena is getting ready to repair in Charudattas litter to the public flower garden, the litter of her old but de- tested suitor, Samsthanaka, the Rajahs brother-in-law, passes by, on his way to the same spot. The driver leaves the car- riage for a moment on the stage, to go and assist a peasant, whose wagon he had forced into a slough. While he is off the stage, Vasantasena hastily enters, mistakes th~ litter of the Rajabs brother-in-law, for that of Charudatta, which she sup- posed to be in attendance, gets into it, and draws the curtain. The driver, Sth4varaka, now returns, and not knowing that Va- santasena is in the vehicle, drives on to the flower garden. At this juncture, Aryaka, the aspirer to the throne, having escaped from prison, by the aid of Servillaka, whom we left engaging in his relief, appears upon the stage, followed by offi- cers in pursuit at a distance. Charudattas litter at this mo- ment, designed to take Vasantasena to the flower garden, comes in; and Aryaka adroitly enters it, undistinguished by the driver, who believes it to be the lady that enters, and thus drives off to the flower garden, with the fugitive state- prisoner and pretender to the throne, concealed in the vehicle. On the way to the garden, the vehicle is arrested by two captains of the guard, one of whom, however, Chandanaka, is friendly to Aryakas cause. Chandanaka undertakes to search the litter, and reports to Viraka, his comrade, that it contains the lady Vasantasena. His comrade, however, who is hostile to the cause of Aryaka, has his suspicions awakened, and insists upon searching the litter himself. This Chandanaka will not let him do, and an affray takes place between them, in which Viraka being worsted, flies to the palace to denounce Chan- danaka. After he is gone, the latter gives Aryaka a sword; and Aryaka drives off, promising friendship and protection to Chandanaka, in the event of his own success. Chanda- naka retires to collect his friends and relatives, in order to go to court, to meet the accusation of Viraka. The seventh act introduces Charudatta and his friend Mai- treya, arrived at the flower garden, and anxiously awaiting the approach of Vasantasena. Charudattas carriage arrives, and Maitreya going to assist the lady in alighting, finds, to his as- tonishment, that it contains not the lady, but the fugitive Aryaka. He implores the protection of Charudatta, who 1828.] Hindu Drama. 121 (bound by duty to a suppliant) accords it, and removes the fetters from Aryakas feet. By this action, of course, he lays Aryaka under infinite obligations. Deeming it, however, un- safe, after such a transaction, to remain on the spot, he gives up the appointment to meet Vasantasena, and goes home. The eighth act opens with ihe appearance of our old friend, the Samvahaka, or joint-kneader, now transformed into a Budhist, or medicant devotee, who enters the flower garden. The Rajahs brother, the abandoned Samsthanaka, with his attendant, follows shortly after, and wantonly maltreats the poor Budhist, who takes refuge from his blows, in the recesses of the garden. Presently the carriage of Samsthanaka comes on, into which, as we have already seen, Vasantasena had inadvertently thrown herself. She is now, therefore, in the presence of her old pursuer, Samsthanaka, whose passion for her she returns by the most decided aversion. Samsthanaka approaches her with expressions of respect, but she spurns him with her foot. This treatment converts his passion into deadly hatred, and he resolves to destroy her. He first en- deavors to persuade his tutor, and then the driver of the carriage, Sthavaraka, to kill her; they both, however, refuse to execute the cruel act, and leave him. Stung by the con- tinued scorn of the lady, he seizes and strangles her himself, and leaves her for dead. His tutor returning, and finding the cruel deed accomplished, forswears the friendship of Samsthanaka, and flies to attach himself to the cause of Aryaka. Samsthana- ka, after covering the body of Vasantasena with leaves, goes oW to court, to denounce Charudatta for having murdered her, in order to get possession of her wealth. The poor Budhist, who has been concealed in the recesses of the garden, now comes in, and accidentally discovers the lady; who, not having been wholly suffocated, revives by his assistance, and is conducted by him to a neighboring convent. The ninth act opens with the hall of justice, in which a court is held. Samsthanaka appears and denounces Chain- datta, for having murdered Vasantasena. While this trial is proceeding, Viraka, the captain of the watch above mentioned, enters the court, and lays his complaint against Chandanaka for the assault. From Virakas complaint, it appears, that Vasantasena had been reported to be in the carriage of Char- udatta, shortly before her assassination. As Charudatta had already, in the course of the trial, denied any knowledge, where VOL. XXVL.-NO. 58. 16 122 Hi~idu Drama. [Jan. she was, the fact thus disclosed awakens suspicion against him. This suspicion is confirmed by another unfortunate occurrence. It will be, recollected that Vasantasena had filled the earthen toy cart of Charudattas child with jewels, to enable him to buy a golden one. The childs mother, however, refuses to permit the child to keep the jewels, and gives them to Maitreya to take back to Vasantasena. While on the way to perform this errand, Maitreya enters the court, and, having there learned the state of things, falls into a controversy, and finally into an affray, with the accuser of Charudatta, Samsthanaka, the kings brother. In the personal struggle between them, Vasantase. nas jewels drop from Maitreyas girdle. That ladys mother, who is present in court, as a witness, recognises the jewels as her daughters. This last point of circumstantial evidence, is regarded by the court as proving Charudattas guilt, and he is accordingly convicted. Being a Brabman he is not liable, by the Hindu law, to capital punishment. It is the duty, how-. ever, of the Rajah to pronounce the sentence, and he, in viola- tion of the law, and of the sacred rights of the Bralimans, orders Charudatta to be impaled. At the beginning of the tenth act we have the preparations for the execution of Charudatta, who is conducted towards the scaffold by two executioners, whose demeanor is very much in the style of that of the grave-diggers in Hamlet. The fatal procession passes under the windows of Samsthanakas palace. His servant, Sthavaraka, the driver aforesaid, who had refused to kill Vasantasena, and who had seen his master do it,, and is now confined by his master to prevent his appearing in court, hears the proclamation, announcing Charu- dattas guilt and sentence. He determines to attempt to save him; and, unable to burst the door of his apartment, leaps from the window. He appears before the executioners, and the assembled crowd, declares the innocence of Charudatta, and the guilt of his master, Samsthanaka. The crowd, with whom Charudatta is a favorite, joyfully believe his testimony; but Samsthanaka succeeds in casting suspicion on his servant, as a runaway slave, and the preparations for the execution draw to a close. At this critical moment, the mendicant devotee comes forward, leading in the lady Vasantasena herself. The executioners refuse, of course, to take the life of Charudatta, for having murdered her. Thus restored to each other, Cha- rudatta avows his purpose of making Vasantasena his wife, the 1828.] Hindu Drama. 123 Hindu law imposing no obligation of monogamy. At the same moment Servillaka appears on the scene, and communicates the intelligence, that the political revolution is completed, the Rajah killed, and Aryaka seated on the throne in his place. Samsthanaka, arrested by the incensed people, is now dragged forward, in chains, but, by the ma~nanimity of Charudatta, is again set at liberty. Another trouble now presents itself. The wife of Charudatta, supposing her husband executed, prepares to burn herself, as becomes an affectionate Hindu widow. Fortunately, however, her design is discovered; and her husband and the other dramatis personce, repairing to the funeral pyre, which is already kindled, prevent the execu- tion of her purpose. The happy wife is of course overjoyed at finding her husband alive, and restored by political changes to prosperity and power, and kindly embrabes Vasantasena as a sister. The new king, Aryaka, requiting his olAigations to CharudTha, raises Vasantasena to the rank of his kinswoman, and Servillaka, throwing a veil over her, elevates her from the place of a courtezan, to that of a Brahmans wife; and thus the piece ends. Such is the story of The Toy Cart; and the reader who has attentively perused the foregoing sketch, will feel that it is full of incidents, judiciously combined. Almost every occurrence, however slight, is important in the business of the piece. The unities of time and place are neglected; but that of action is admirably preserved; and the translator justly re- marks, that the connexion of the two plots is much better maintained, than in the play we usually refer to, as a happy specimen of such a combination, The Spanish Friar. It is, of course, unfair to look, in the translation, for a speci- men of the style of the original. The music of the Sanscrit composition, says Mr Wilson, must be ever inadequately represented by any other tongue. We may add, that in no composition is it more completely out of the question, to convey an idea of style, in a translation, than in popular drama, paint- ing scenes of real life, in a distant region, and at a remote period of time. The Toy Cart is unquestionably a perform- ance of great antiquity. Many points of manners, touched upon in the course of the play, appear, from Mr Wilsons quotations of the Sanscrit commentary, to be pow obscure, even to the Hindus. Whoever will ask himself the question, how Shakspeare would probably read, one or two thousand 124 Hindu Drama. [Jan. years ~hence, literally translated into the language that may then be current in Calcutta, may judge of the disadvantage to which a Sanscrit play, written at least a thousand years ago, is read in a literal English version, at the present day. It is time, however, to say something of the other specimen of the Hindu theatre, presented us by Mr Wilson. It is enti- tled Vikrama an~d Urvas~, or The Hero and the Aymph, and is comprised in five acts. This play is the production of the renowned bard of ancient India, Calidasa, one of whose dra- mas, Sacontak~, as we have before observed, is already so well known to the world, in the version of Sir William Jones.* At the time he published the translation of Sacontal& , that play and the present were supposed to be the only dramatic productions of the Indian Shakespeare. Mr Wilson, how- ever, mentions the present drama, as one of the three attrib- uted to Calidasa. The common opinion makes Calidasa the chief of the nine poets who flourished at the court of Vicramaditya, whose death, fifty-six years before our Savior, makes an epoch in Indian history. This corresponds pretty nearly with the age of Lucretius at Rome, who died the day that Virgil was born, and to this coincidence there is a beautiful allusion, in Mr Grants Poem on the Restoration of Learning in the East, in the following lines ; Hail, happy years! when every lyre was strung, And every clime with mirth and music rung. While Asias voice her Calidasa blest, Hark, kindred spirits answered from the West. There all his lofty notes Lucretius gave, And epic transports burst on Mincios wave; While roved the matin bee oer sweetest flowers, And all Hymettus bloomed in Tiburs bowers. Oh, could some god have rent the veil away, And joined in one the masters of the lay! It ought to be observed, however, that Mr Bentley, who places the reign of Vicramaditya in the eleventh century, finds a poet Calidasa in the same period, and thus robs the bard of a full half of his two thousand years. We profess not a suffi- cient acquaintance with the subject to give an opinion of the *~ Sacontah was republished in Boston, some years since, in a periodical work entitled The Emerald. 1828.] Hindu Drama. 125 importance of these doubts, as to the antiquity of Hindu lite- rature. It is somewhat strange that such a doubt should be started. The only man, into whose head a similar doubt ever entered with respect to classical literature, Father Hardonin, was immediately reputed, qu.oad hoc, insane. No one ever took the trouble to refute the suggestion. Mr Bentleys sen- timents were offered to the world in the Asiatic Researches, * and rest partly on astronomical calculations. It is a matter of just surprise, that the series of the historical and other lite- rature of the Hindus should not instantly present the means of refuting, or establishing, so important a suggestion. Our limits do not allow us to introduce an analysis of the play of Calidasa, of which Mr Wilson has afforded us a translation. This we the less regret,.as the play of Sacontal& affords an adequate specimen of the poetry of its author. It is not, like The Toy Cart, a scene from real life, but is borrow- ed from the mythology of India; and its personages are part- ly derived from the divinities and demigods of the Hindu Pantheon. The commencement of the first act may serve as a sample of the performance, and particularly of the manner of the translator, Mr Wilson. The scene is laid on the top of the Him~daya mountains. Enter in the Air a Troop of Apsarasas or Nymphs of Heaven. Nymphs. Help, help, if any friend be nigh, To aid the daughters of the sky. Enter Purf~ravas t in a heavenly car driven by his Charioteer. Pur. Suspend your cries, in me behold a friend, Puritravas, returning from the sphere Of the wide glancing sun; command my aid, And tell me what you dread. Rembhd. A demons violence. Fur. What violence presumes the fiend to offer. Alenakd. Great king, it thus has chanced; we measured back Our steps from an assembly of the Gods Held in Kuveras 4 hallbefore us stepped The graceful Urvasi, the Nymph whose charms Defeated Indras stratagems, and shamed * Asiatic Researches,~ Vol. viii. t Puri& ravas is a king of high descent, being sprung by his mother 114 from the sun, and his father Bud/ia from the moon, being the grandson of the latter, and great grandson of the former. ~ The god of riches. 126 Hindu Drama. [Jan. The loveliness of Sri *the brightest ornament Of heaven: when on our path the haughty Ddnava K~si, the monarch of the golden city t Sprang fierce and bore the struggling nymph away. Fur. Which path pursued the wretch? Sahajanyd. Tis yonder. Pur. Banish your fears. I go to rescue and restore your friend. Rernbh6. The act is worthy of your high descent. Pur. Where wait you my return? Rembkd. Hereon this peak The towering Hemakida4 Pur. (To the Gkarioteer.) Bend our4course To yonder point, and urge the rapid steeds To swiftest flighttis done; before the car Like vol lied dust the scattering clouds divide The whirling wheel deceives the dazzled eye, And double round the axle seems to circle; The waving chowrie on the steeds broad brow Points backward, motionless as in a picture; And backward streams the banner from the breeze We meet immovable.We should outstrip The flight of Vainat~ya, and must surely Oertake the ravisher. [Exeunt. Rembkd. Now sisters on, and blithely seek The golden mountains glittering peak; Secure the king extracts the dart, That rankles in each anxious heart. Afenakd. We need not fear; his arm can quell The mightiest of the sons of hell. What makes he herebut aid to bring From mortal realms to Swergas king; And is not to his valor given Command oer all the hosts of heaven? .Rembhd. Joy, sisters, joy, the king advances; High oer you ridgy rampart dances The deer-emblazoned bannerSee The heavenly car rolls on; tis he. (they proceed. * The wife of Vishnu, goddess of prosperity and beauty. t Hiranyapur, is the name in the text. ~ The Golden, or Snowy Peak. ~ Garura the son of Vinat~i. 1828.] Republic of Central .Llmerica. 127 ART. V.1. .1 Statistical and Commercial History of thc Kingdom of Guatemala in Spanish .dmerica, containing important Particulars relative to its Productions, .Ililanu-. factures, Customs, tVc. with an decount of its Conquest by the Spaniards, and a Narrative of the principal Events down to the present Time. By D. DOMINGG JUARROS. Translated by J. BAILY. Svo. pp. 520. London. 1823. 2. Constitucion de la Republica Federal de Centro-.dm6ri- ca, dada por la .dsamblea .tVacional Constituyente en de ./Voviembre de 1824. Guatemala. 1825. 3. Constitucion del Estado del Salvador. S. Sa1vador~ 1824. 4. Constitucion Politica del Estado de Nicaragua, decre- tada y sancionada por la ./Isambl6a Constituyente en el .diio de 1826. Guatemala. 1826. 5. .Mensage del C. MANUEL JOSE ARCE, Presidente de Ia Republica de Centro-.dm6rica, al Congreso Federal. Guatemala. 1826. 6. Discursos de JOSE DEL VALLE, en el Congreso Federal de Centro-dm& ica de 1826. Guatemala. 7. El Liberal. El indicador. El Centinela del Salva- dor. Redactor General. [Newspapers printed in Cen-. tral America.] 8. Proyecto de Reforma del Sistema de Hacienda y Erec- cion de un Banco Nacional de Centro-sqm6rica, por J. M. R. [S. JUAN MANUEL RODRIGUEZ.] Guatemala. 1827. 9. .lllanifiestos y Decretos del Gefe del Estado de Guate- mala y del Presidente de Centro-slm6rica; Cartas de los Gobiernos del Salvador, de Honduras, Nicaragua y Costa Rica, Sjc. 4-c. 18267. THE ancient kingdom of Guatemala, now the Republic of Central America, the least known of the great political frag- ments of the Spanish empire in the West, is by no means the least important. Destitute of commercial relations with the United States, and the maritime powers of Europe, and less distinguished than other portions of Spanish America, by the possession of abundant mines of gold or silver, it remained, until the period of its independence, in comparative obscurity.

Republic of Central America 127-146

1828.] Republic of Central .Llmerica. 127 ART. V.1. .1 Statistical and Commercial History of thc Kingdom of Guatemala in Spanish .dmerica, containing important Particulars relative to its Productions, .Ililanu-. factures, Customs, tVc. with an decount of its Conquest by the Spaniards, and a Narrative of the principal Events down to the present Time. By D. DOMINGG JUARROS. Translated by J. BAILY. Svo. pp. 520. London. 1823. 2. Constitucion de la Republica Federal de Centro-.dm6ri- ca, dada por la .dsamblea .tVacional Constituyente en de ./Voviembre de 1824. Guatemala. 1825. 3. Constitucion del Estado del Salvador. S. Sa1vador~ 1824. 4. Constitucion Politica del Estado de Nicaragua, decre- tada y sancionada por la ./Isambl6a Constituyente en el .diio de 1826. Guatemala. 1826. 5. .Mensage del C. MANUEL JOSE ARCE, Presidente de Ia Republica de Centro-.dm6rica, al Congreso Federal. Guatemala. 1826. 6. Discursos de JOSE DEL VALLE, en el Congreso Federal de Centro-dm& ica de 1826. Guatemala. 7. El Liberal. El indicador. El Centinela del Salva- dor. Redactor General. [Newspapers printed in Cen-. tral America.] 8. Proyecto de Reforma del Sistema de Hacienda y Erec- cion de un Banco Nacional de Centro-sqm6rica, por J. M. R. [S. JUAN MANUEL RODRIGUEZ.] Guatemala. 1827. 9. .lllanifiestos y Decretos del Gefe del Estado de Guate- mala y del Presidente de Centro-slm6rica; Cartas de los Gobiernos del Salvador, de Honduras, Nicaragua y Costa Rica, Sjc. 4-c. 18267. THE ancient kingdom of Guatemala, now the Republic of Central America, the least known of the great political frag- ments of the Spanish empire in the West, is by no means the least important. Destitute of commercial relations with the United States, and the maritime powers of Europe, and less distinguished than other portions of Spanish America, by the possession of abundant mines of gold or silver, it remained, until the period of its independence, in comparative obscurity. 128 Republic of Central .lmertca. [Jan. Long after the stormy course of the revolution had begun to convulse Colombia, Buenos Ayres, Chile, and Peru, consign- ing them to the ravages of hostile invasion, or the scarcely more tolerable effects of civil discord, Guatemala continued tranquilly subject to the dominion of the mother country. Even the disturbances in the contiguous government of Mexico, failed to interrupt its repose, or produce any manifestation of the revolutionary spirit among its inhabitants. Guatemala appeared to be overlooked in the all-absorbing interest, awakened by the career of its more powerful neighbor, in whose fate its own was inevitably involved. Such was the situation of Central America, when the act for acknowledging the national existence of the new republics, that proud testimony of our countrys public justice and politi- cal magnanimity, was passed, with the unanimous approbation of the people. But those circumstances, which induced the Council of the Indies, to give Guatemala a separate govern- ment, influenced the inhabitants in their choice of a political system, when the yoke of colonial servitude was finally broken. They desired that independence as a nation, which they had always enjoyed in substance as a province, and which their population, geographical extent, resources, and local position, gave them reasonable pretensions to demand. Fortunate in one respect, beyond most of their compatriots, they have had no foreign armies to struggle against, for the achievement of their freedom; and, although nearly the last to raise the standard of independence, they have been among the first to complete the organization of constitutional forms of government. Avail- ing ourselves of the information contained in the publications, enumerated at the head of this article, we shall present our readers with a brief account of the past and present condition of the new republic. As regulated before the revolution, Guatemala comprised most of the isthmus, which unites North and South Amer- ica, stretching along frorri Yucatan, and Tabasco to Vera- gua, with the Atlantic ocean on one side, and the Pacific on the other. The Republic of Central America is intended to cover the same territory, arid for the purposes of the confederation is divided into the five states of Guatemala, Sal- vador, Honduras, Nicaragua, and Costa Rica. To these the province of Chiapas properly belongs, and has been united, we believe, since the adoption of the federal constitution by the 1828.] Republic of Central .,lmerica. 129 other states. It needs only the bare inspection of a map to show how favorably this region is situated, in a geographical point of view, for cultivating commercial intercourse, either with other parts of America, or with the nations of both Asia and Europe. Although the seacoast on the Atlantic side is insalubrious, like that of Mexico, and subject also at certain seasons of the year to violent storms, yet it is accessible on each sea by means of numerous harbors; and rivers, commu- nicating with the interior of the country, intersect it in every direction. Whilst Guatemala lay buried in the darkness of Spanish colonial administration, the advantages of its position, although known to the world, were held of little account, because it required the intervention of a revolution to create the possibility of converting them to any useful purpose. Its revenues hardly sufficed to defray the expenses of its provincial government. The Spanish king, * who neither knew where Honduras was, nor what were his own possessions there, probably knew still less of Guatemala ; and his successors, bred in equal imbecility and ignorance with himself, might never have heard of its existence, but for the superior excel- lence of the cocoa produced in Soconusco, which was gathered to be made into chocolate for the especial use of the royal table. And although in Guatemala we discover fewer traces of the horrid tyranny, which the Spaniards exercised over many parts of America, yet the single fact, that so fine a country remain- ed until lately with its resources unappreciated, and almost unknown, speaks volumes against the barbarous maxims of misrule, to which its prosperity was relentlessly sacrificed. Guided by the principles, and stimulated by the invigorating spirit of liberty, we may, perhaps, hope to see Central Ameri- ca one day become the point of union for the commerce of of both oceans. Next to the position of Guatemala, the most remarkable of its natural features is the number of its volcanoes. Of these the volcano of Ometep is worthy of note, for its situation upon an island in the great lake of Nicaragua. That of Tajamulco, in the old province of Quezaltenango, is subject to frequent eruptions, notwithstanding which there is a considerable village at its base. Near the village of Masaya, in Nicaragua, is the volcano called Nindiri, which discharged a torrent of lava into * Si~c1e de Louis XIV, cli. 17. VOL. xxvLNo. 58. 17 130 Republic of Central America6 [Jan. the lake of Masaya, in 1775, destroying the fish in the lake, and heating the lands adjacent to its course, so that the cattle pasturing on them perished. Not far from the village is an extinct volcano, called Infierno de .Masaya by the Con quista- dores, in whose time it was the most remarkable one in the kingdom of Guatemala. If the historians of that day may be credited, the crater of this volcano was constantly filled with molten lava, or with metallic substances in a state - of fusion, which frequently boiled up, and emitted a brilliant light, illu- minating the country for miles around, and distinctly visible twentyfive leagues off at sea. But these volcanoes are now all insignificant, compared with those in the neighborhood of the city of Guatemala. The site of the capital, it should be premised, has been twice changed. Originally it was built on the spot called Ciudad Yieja, from whence it was removed in 1541, about a league to Old Guatemala, and in 1776 was finally established at New Guatemala. These successive removals were the con- sequence of disastrous earthquakes, and volcanic eruptions, which frequently occurred in the tract where the old cities were founded. Ciudad Vieja stood at the foot of a lofty mountain, called Volcan de Agua, northeast of which is Old Guatemala. This mountain is of a conical shape, covered with a fertile soil, and surrounded by villages, and valleys pro- ducing the most luxuriant crops. Standing on its summit, the spectator can embrace at one view the most sublime and splen- did prospect in nature. Near at hand are the mountains of Pacaya, and Volcan de Fuego, amid rich farms and numerous hamlets, the city of Guatemala, the village and beautiful lake of Amatitan, and a country remarkably picturesque in its features. Farther off may be seen the Atlantic ocean on the north, the Pacific on the south, and Ofl each hand a vast extent of land from the city of San Salvador to the plains of Chiapa. Every thing attractive and delightful, which the bounty of nature af- fords, is profusely lavished over this charming region, which yet is visited by a curse that renders all its blessings unavail- ing. It forms the roof of a range of subterraneous vaults, teeming with pent up fires, which often convulse the earth, and occasionally burst forth in most terrific explosions. At the summit of the mountain, called Volcan de Agua, is a kind of crater, although no tradition exists of its having ever emitted fire. But in the morning of September 11, 1541, 1828.] Republic of Central 4merica. 131 after long continued rains, and eruptions from the Volcan de Fuego, accompanied by violent shocks of earthquake, an mense torrent of water rushed down from the crater, forcing before it enormous fragments of the mountain, which over- whelmed the ill-fated town of Ciudad Vieja, and buried many of its inhabitants under the ruins of their dwellings. Their removal to the site of Old Guatemala afforded them but a short respite from calamity. Besides being visited, from time to time, by dreadful epidemics, which raged with fatal ma- lignity, the city was again and again half destroyed by earth- quakes, attending volcanic eruptions from the mountains of Volcan de Fuego and Pacaya, between which it stood. Each of these mountains is divided into three peaks at its summit, having several openings. Earthquakes occurring every week for a year or two at a time; vast clouds of ashes and smoke that obscured the sun and rendered artificial light necessary in the city at midday; fire pouring forth incessantly for months together; showers of heated stones ;such are some of the horrors, to which the vicinity of the volcanoes of Gua- temala is subject. On one occasion, in the year 1664, the crater of Pacaya vomited forth a pillar of flame so enormous that the city, at the distance of seven leagues, was illuminated at dead of night by a light scarcely inferior to that of noon day. It was one of these tremendous convulsions of nature, continuing at short intervals throughout the latter half of the year 1773, that completely destroyed the city of Old Guate- mala, and compelled the inhabitants to abandon their homes, that they might escape the repetition of the terrible catastro- phe. Previous to the Spanish conquest, Guatemala was peopled by various nations of Indians, whose descendants still compose the great mass of its population. No less than twenty-six dif- ferent languages are enumerated, as peculiar to the various tribes dwelling in this region. The predominant people were a tribe of the same Toltecas, who subjugated Mexico, and extended their conquests far into Guatemala, subduing the Chichimecas, the primitive inhabitants of the country. It requires careful and repeated perusal of the prolix and confused statements of Juarros, thrown together with scarce any pretensions to method or connexion, to obtain a correct idea of the aboriginal history of Guatemala, and its subsequent political vicissitudes. But from his scattered details we may 132 Republic of Central .qmerzca. [Jan. gather that, according to the Indian traditions, a large body of of the Toltecas left Tula, in Mexico, under the guidance ~of Nimaquiche, in quest of less crowded settlements, and, after various wanderings, established themselves near the lake of Atitan. Nimaquiche, having died previously to this, was suc- ceeded by his son Acxopil, who caused his tribe and country to be distinguished by the name of Quiche, in honor of his father.* He divided his conquests into three parts, fixing his own capital at Utatlan, as the head of the Quiches. To his first son, Jiutemal, he gave the kingdom of the Kachiqueles, or Guatemala; and on his younger son, Acxiquat, he bestow- ed that of the Zutugiles, or Atitan. This partition subsisted, after many alterations of more or less extent, until the conquest of Mexico by Cortez, when a prince, named Tecum Umam, reigned in IJtatlan. Our author relates these facts on the authority of manuscript histories, by caciques of the Quiche, Kachiquel, and other Indians, who, like the son of Montezuma in Mexico, and the Inca Garcilasso in Peru, busied themselves after they were made acquainted with the Spanish language, in the melancholy duty of recording and preserving the traditions, whether fabu- lous or true, of their ancient victories, and their departed grandeur and independence. Our readers would not thank us for our pains, if we should attempt to narrate the petty wars and civil vicissitudes, of which the history is thus obtained. The absurd story related by several of the Indian caciques, as- cribing the origin of their race to the dispersed ten tribes of Israel, would shake our faith in the whole of the early tradi- tional history of Guatemala, were not the main facts confirmed by other evidence less capable of error and distortion, than mere scattered traditions. Guatemala was subdued by Pedro de Alvarado, acting un- der commission from Cortez. He left Mexico on this expe- dition in 1523, accompanied by three hundred Spaniards, and a large body of auxiliary Mexicans, Tlascaltecas and Choin- tecas, having the tried officers, Pedro de Portocarrero and Hernando de Chaves, as second in command. They could not effect the subjugation of the country without many sangui- nary battles, in which, it is true, most of the loss was on the * The name of AYmaquiche is analogous to that of Charlemagne, signifying Great Quiche. 1828.] Republic of Central America. I3~3 side of the Indians, but the Spanh~rds themselves did not es- cape unharmed. The chief part of these engagements occur- red in the districts of Suchiltepeque and Quezaltenango, where the Indians still preserve a lively recollection of their ancient disasters. A river flows into the Pacific, through these two~ provinces, called Siguila in the beginning of its course, which at the close is changed to ZamakE. An intermediate part of it bears the name of Xiquigel, which signifies the river of blood, It was in the neighborhood of this stream that the Quiche Indians made their most resolute stand. They killed great numbers of the Mexican and Tlascaltecan allies; and attack- ed the Spaniards with the fury of desperation. Immense bodies of them pressed around the Castilian cavalry, their brav- est even clinging to the legs of the horses, and endeavoring to drag them and their riders to the ground by main force. But the mailed Spaniards (Teules, or divinities, as the unfortunate Indians termed them) openeda fire of musketry upon the dense multitudes around them, and inflicted the most dreadful slaugh- ter upon the half-clad Quiches. A series of six of these des- perate actions was fought in a short space of time, and the waters of the Zamalh, reddened by the carnage of the victors and vanquished, acquired the melancholy name of the River of Blood. A succession of similar battles ensued, before Alvarado was able to break the resolution, and dissolve the union of the Quiches. And when their king, Tecuni Umam, was slain in battle, and their best and bravest had fallen by his ~side, they had recourse to a stratagem, only to be matched in vigor and dignity by a similar effort in our own times. They de- coyed the Spaniards, under pretext of submission, into the city of Utatlan, the court of their princes, abounding in sump- tuous edifices, hardly surpassed in splendor, according to the concurring testimony of writers, by the Indian palaces and castles of Mexico and Cusco; a city so populous, that it is said seventy thousand combatants were drawn from it to op- pose the Spaniards. It was a walled city, having but two points of approach, one by a causeway, the other by a narrow flight of steps; and the buildings stood high and compact. The Quiches devoted this their principal city to the flames, in order to destroy the Spaniards lodged within it; and but for the untimely treachery of the indians of another tribe, Alvara- do and his followers would have been buried beneath the smok- ing ruins of Utatlan. 134 Republic of Central .lmerica. [Jan. But the genius of the Spaniards prevailed; and Alvarado added victory to victory, until he was completely master of the country. Owing to the peaceful reception he met with from the Kachiquel tribe, after he had subdued the Quiches, he had it in his power to establish his government at Guate- mala, in 1524, calling his capital, Santiago de los Caballeros de Guatemala. Having fixed his headquarters here, he proceed- ed, with greater facility, in subjugating the remaining tribes, who yielded, one after another, to the universal ascendancy of the Spanish arms. To enter into the condition, or character, of the aboriginal inhabitants of Guatemala is beyond our purpose. That they, like the Mexicans and Peruvians, had attained to partial civili- zation; nay, that a people had gone before them, of no con- temptible degree of refinement, is sufficiently evinced by the vestiges, which remain of their permanent structures. Near the village of Palenque, in the province of Chiapa, are the ru- ins of what must once have been an opulent city; the capital, perhaps, of an empire, whose very name is lost to history. This metropolis, says Juarros, concealed for ages in the midst of a vast desert, remained unknown until the middle of the eighteenth century, when some Spaniards, having penetrated the dreary solitude, found themselves, to their great astonish- ment, within sight of the remains of what had once been a superb city, six leagues in circumference; the solidity of its edifices, the stateliness of its palaces, and the magnificence of its public works, were not surpassed in importance by its vast extent; temples, altars, deities, sculptures, and ornamental stones, bear testimony to its great antiquity. He afterwards mentions the remains of an aqueduct here, of sufficient dimen- sions for a man to walk upright in it; and other like ruins are to be seen near Ocosingo, in the same district. The celebrated circus, and other structures in the valley of Copan, in the state of Honduras, are, in part, undoubtedly of later date, because they abound with sculptured figures in the Spanish costume. The circus, so called, consisted of a circu- lar space surrounded by stone pyramids, about six yards high, having in its centre an altar, or elevated place of sacrifice. Near it, suspended between two small pyramids, swung a hammock containing two human figures with the Indian dress, all constructed of stone. In the same valley is the cave of Tibul- ca, hollowed out of the base of a hill, in the form of a temple, 1828.] Republic of Central .Rmerica. 13f~ adorned with columns, and other architectural ornaments. In the district of Solola, we read of the great city of Utatlan, al- ready mentioned; and of other ruins of cities elsewhere; such as Patinamit, near the village of Tecpanguatemala; and Mixco, in the valley of Xilotepeque. And the vestiges and foundations of many large fortresses are still to he seen in the province of Quezaltenango. Of all these buildings, the pala- ces and castles of Utatlan, appear to have been the most re- markable, especially the grand alcazar of the kings of Quiche, having three hundred and seventy-six paces length in front, and a depth of seven hundred and twenty-eight, and constructed of hewn stone. After making all reasonable allowance for the exaggerations of Torquemada, Fuentes, and other Spanish writers, enough will remain to show, that the Indians of Guate- mala had risen to no inconsiderable height of power and refine- ment. Under the government of the Conquistadores, and their suc- cessors, the native inhabitants, exchanging the condition of independent tribes, for that of a subdued, an inferior, and a depressed race, lost much of their original force of character. As Guatemala, however, was an agricultural, not a mining country, its primitive inhabitants were not subjected to those excesses of grinding despotism, which disgraced the conduct of the Spaniards in Peru and New Granada. Their spirits were not broken here, nor their numbers swept off, by the horrible cruelties of the mita. Oppression fell upon them, when it came at all, in the mild form of agricultural labor. And as the In- dians of Guatemala had less cause to complain of the whites, than the tribes of their racewin other parts of Spanish America, so the Creoles suffered less from the misrule of the mother country, and its greedy emissaries. The government was nominally, placed under that of Mexico; but the captain-gen- eral of Guatemala, did not acknowledge a very close depend- ence upon the viceroy of New Spain. To this, and to the peculiar occupations, and spirit of the people, it is owing, that the kingdom of Guatemala was almost the last to embrace the cause of liberty. But whilst an cbstinate struggle for independence was con- vusing the neighboring provinces of Venezuela, it is not to be supposed, that the inhabitants of Guatemala were entirely tran- quil. Still, the Spanish rule, pressing less heavily upon them, than upon other regions of America more accessible to its in 136 Republic of Central America. [Jan. fluence, or more stimulating to its cupidity, they had not the same urgent inducement to draw the sword, which actuated the Colombians; nor, if they had set the example of armed resistance to the mother country, could she so readily have made them feel the extremity of her vengeance. Previously to 1821, men of intelligence and influence had been gradually preparing the minds of the inhabitants for a declaration of in- dependence; and in September of that year the decisive step was taken, contemporaneously with the revolutionary move- ments in Mexico. Unfortunately, however, for Guatemala, the usurper, Iturbide, resolved to make it a part of his empire; and by combined deceit and violence, gained over most of the towns in the province. But Salvador, and part of Nicaragua, refused to submit from the beginning; and when the downfal of the usurper left the other districts free to act, they resumed their original purpose of forming an independent republic, as at present organized. A constituent assembly was immediately called together, which completed the constitution of govern- ment for the confederated states, November 22, 1824. Of the five states, Salvador established its constitution first, in June, 1824; Costa Rica followed in January, 1825; Guate- mala in October, 1825; Honduras in December, 1825; and lastly, Nicaragua, in April, 1826. Central America, it is well known, adopted, like Mexico, the political system of the United States, as a model in the forma- tion of its constitutions. A comparison of the two systems, however, while it demonstrates the closeness of the imitation, discloses many remarkable discrepancies, which will best ap- pear, from a brief exposition of th~constitution of the confed- eracy, and that of some one of the individual states. The federal constitution is not preceded by a declaration of rights, or general principles, but commences by defining the nation, its territory, government and religion, and the condi- tions of citizenship. It expressly reserves to each state all the power, which it does not confer upon the federal authorities, as the basis of its political system. it establishes the catholic re- ligion, to the exclusion of the public exercise of every other. In respect to citizenship, its provisions are very peculiar, inas- much as it pronounces every inhabitant of the republic free, and that none are slaves, who claim protection from its laws; none citizens, who traffic in slaves. Every person, past the age of eighteen, or married, is declared a citizen, provided he 1828.] Republic of Central .~1merica. 137 exercises any useful profession, or has any known means of subsistence; but the privilege is lost by the acceptance of he- reditary titles, or pensions from a foreign country, or by being convicted of an infamous crime; and it is suspended during an indictment for such a crime, or by being proved a fraudulent debtor, by notorious profligacy of conduct, by physical or moral incapacity, or by living in the condition of a domestic servant. For the purposes of elections, each state is divided into popular juntas, districts, and departments. Each popular junta, consists of not less thaii two hundred and fifty, nor more than twentyfive hundred inhabitants, who choose a primary elector for every two hundred and fifty inhabitants. The pri- mary electors from every popular junta in a district, form the dis- trict junta, who choose a district elector for every ten primary electors. The district electors of a department united com- pose the junta of the department; and these last juntas elect the senators and representatives, and the supreme executive and judicial authorities of the republic. The legislative power resides in a Congress, composed of representatives, elected annually, in the ratio of one to every twelve district electors, that is, one to every thirty thousand in- habitants. For every three representatives, one substitute also is elected. This body assembles annually the first day of March, continuing in cession three months; and to it belongs, in addition to the powers vested in the Congress of the United States, express authority to regulate education, to declare war and make peace, to ratify treaties negotiated by the execu- tive, and express authority to construct great roads and canals of internal communication. It belongs to the Senate to sanc- tion (sancionar) or reject all laws passed by the Congress, which, when thus passed and sanctioned, it is the duty of the executive instantly to promulgate. The senate consists of two members and one substitute for each state, elected annually by thirds, to whom it belongs to give or deny sanction to laws, to watch over the integrity of the constitution, to advise the executive authority, to propose a triple list to the president for his nomination, of the principal civil and military officers of the republic, and to declare when there is cause for the impeachment of the public servants. The president is elected for the period of four years, and exercises the executive power as usually understood in this vOL. xxvi.xo. 58. IS 138 Republic of Central .lmerzca. [Jan. country, excepting the right of a veto upon laws, and the other qualifications of his authority, before mentioned. The Su- preme Court, composed of either five or seven members, to be elected every two years, but capable of perpetual re~lection, in addition to the ordinary powers of such a tribunal, consti- tutes a high court of impeachment upon information of the senate. After these provisions for the organization of the govern- ment, there follow in the constitution sundry guaranties of per- sonal freedom, as they are termed, and limitations of the le- gislative authority, in which the fundamental principles of liberty are embodied. Such is the frame of government for the whole republic. Some peculiarities of the state constitutions deserve to be mentioned. The federal constitution delineates the outline of the form of government to be adopted by the several states, by which means great uniformity is secured, and the constitution of one sufficiently explains those of the rest. We take that of Sal- vador, the first that was finished, for an example. The legislative body, called a Congress, consists of not less than nine, nor more than twenty-one deputies, elected to serve two years, whose acts are subject to the revision of a representative council, elected for three years; the executive power residing in a gov- ernor, denominated supreme chief (gefe supremo), whose term of service is four years. Each department is governed by an intendant, appointed by the supreme chief. The constitution of the other states is substantially the same, all of them follow- ing the model set, and the general outline prescribed, in the constitution of the whole republic. Some of the provisions in these systems of government are sufficiently singular, and suggest several useful- topics of ~efiec- tion. We pass on, however, to the subject of the actual con- dition of Central America, and the progress which the govern- ment has made, since the accomplishment of its republican organization. Its foreign relations present nothing of moment for consideration; hut internally the unsettled state of the country contradicts the favorable presages, drawn from the bloodless commencement of its career of independence. The general confidence entertained in the character of the presi- dent, Manuel .Jos~ Arce, gave strength and extensive cur~- rency to those anticipations of prosperity. But the end has by no means corresponded to the beginning. 1828.1 Republic of Central America. 139 The patriots of Guatemala seem, like those in all th& South American governments, but with less of plausible reason, than most of their brethren in the other republics can allege, to have proceeded on principles radically erroneous, in their financial affairs. The revenue of Central America arises from maritime duties, from the monopoly of tobacco and gunpowder, and from the post-office. These funds, managed as before the revolution, did not yield enough to cover the estimated expen- ses of the first year, by eight hundred thousand dollars. In- stead of improving the established sources of public revenue, so as to draw from them enough for the public exigencies; or if that could not be done, manfully facing the difficulty, and providing fixed means to meet it permanently; the government resorted to the ruinous expedient of contracting a loan for seven millions and a half, which will prove a serious embar- rassment to the infant republic. It is said, indeed, that for the sake of conciliating the popular good will, other productive tax- es were inconsiderately abolished at the time of the revolution; the plain ultimate good of the country being sacrificed to promote the purposes of the moment. Nothing could have been more grossly ill judged. At the crisis of the revo- lution, the finances might have been placed upon a sure foun- dation, amid the numerous other fundamental changes, which the condition of the people underwent; and any judicious regulations respecting the revenue would easily have passed into the fabric of the government, along with the great mass of political innovations effected at the adoption of the constitution. Least of all ought any of the existing sources of revenue, to which the people were familiarized by long use, to have been abandoned for the destructive substitute of a foreign loan. The violation of these self-evident maxims of political economy must either inyolve the republic in acts of bad faith, lead to political convulsions, or compel the government to resort to burthensome contributions to replenish the treasury; either of which is greatly to be deprecated. Honduras and Nicaragua, it is represented, are unable to subsist upon their own resources; and can ill afford to yield a contingent for the expenses of the general government, which must fall therefore upon Costa Rica, Salvador; and Guatemala with redoubled weight. It is reason- able to anticipate, from such a state of things, the same dis- orders which financial embarrassments have produced in other parts of Spanish America. 140 Republic of Central Ibnerica. [Jan. Unfortunately, too, the resources of Central America are not of such a nature, that she can easily and successfully con- tend with pecuniary difficulties. It is true, that her govern- ment was more economical, until recently, than those of her sister republics, and was en~ibled to meet the national exigen- cies with a smaller amount of expenditure. It is true, also, that the resources of the country, if they could be called forth, are not inconsiderable. But the extreme unhealthiness of the northeastern coasts, the badness of the roads, and the absence of water communication capable, at present, of af- fording convenient means of intercourse with the interior, have depressed the commerce of Central America. Its maritime revenue, for the first year, was not estimated to exceed three hundred thousand dollars. Until a better system can be in- troduced, the country must, of necessity, continue poor, with little commerce, no manufactures, and scarcely more agricul- ture than the wants of the people require to supply their home consumption. Extraordinary advantages, it is well known, have been an- ticipated for Central America, by the construction of an Oce- anic Canal, uniting the Atlantic and Pacific seas through the lake of Nicaragua. The idiom of exaggeration, so peculiar to the Spanish tongue, has been racked by the Guatemaltecans for terms of magnificent description, in depicting the beneficial consequences that are to flow from this celebrated project. We fear the time is far distant, when the boasted utility of the canal of Nicaragua will be realized. It is quite certain, at all events, that this canal will not soon be made. The success of the state of New York, in extending her noble canal through a tract of country, more favorable for the purpose, perhaps, than any other in America, has given encouragement to wild speculations on the subject of canals. Especially has it induc- ed our brethren of the South to believe, that no undertaking is too arduous or expensive for the enterprise of North Ameri- cans. We read, for instance, in a piece published in Guate- mala, exhorting the government to patronize the canal of Ni- ~caragua, such a sentence as the following; The United States of the North have entertained the project of opening a communication between the two oceans, by a canal of a thous- and leagues, connecting the waters of the Columbia and Mis- sissippi rivers; and we tremble at the idea of cutting through 1828.] Republic of Central dmerica. 141 a plain of five leagues! ~ A project, truly, which we imag- ine it would stagger the bold enthusiasm even of Captain Symmes to conceive. And yet to raise a stock for a canal over the Rocky Mountains, and for the canal of Nicaragua, on the conditions proposed by the government of Central Amer- ica, would, we apprehend, be equally practicable. The public expectation having been unduly raised, relative to this matter, by the partial contract made by the government of Central America with Mr Beneski in behalf of Mr Palmer of New York, we deem some explanation of the circumstance proper here, that the credit of our country may not suffer among those, who, from ignorance of the precise nature of our political institutions, do not rightly distinguish between the acts of the nation, and of its individual citizens. By a resolution passed June 25th, 1825, the Congress of Central America voted, that the canal of Nicaragua should be opened for the vessels of all neutral and friendly nations, and solicited proposals for the undertaking, which were to be rendered to the Executive. Proposals were accordingly made by an agent for the Messrs Barclay of London, and another for Mr Palmer of New York, which resulted in a contract with the latter, concluded in June, 1826. When the question whether this contract should be ratified, came before the Con- gress, it encountered much opposition; and strong reasons were urged against its ratification by Jos6 del Valle, a deputy of distinguished talents, who had been high in station under Iturbide, and was an unsucessful candidate for the office of first president of the republic. He alleged, that it was pre- mature to contract for the construction of the canal, before it had been ascertained to be practicable; that no surveys had been made of the river San Juan, the lake of Nicaragua, or of the land between that and the Pacific; that all the plans and charts of this region were inaccurate and defective; that how- ever useful such a canal might be, if feasible, yet that the present time was altogether unsuitable for the undertaking; that it was extremely ill advised to have the canal, and with * Los Estados lYnidos del Norte han ensayado el proyecto de la comunicacion de los mares por un canal de mas de mu leguas, urn- endo las ramificaciones de Colombia y el Misisipi; y nosotros tembla- mos para cortar un piano do cinco leguas 1 El Liberal (do Guatemala), Mayo 17 do 1826. 142 Republic of Central ./Imenca. [Jan. it the command of all the resources of the country, in the hands of foreigners; and that, besides, the government had no precise information of the credit or circumstances of the contracting house. If a navigable ship canal should be constructed, he conceived that, being the readiest road to In- dia, it would tempt some foreign power, Great Britain for in- stance, or an enemy of Great Britain, to seize on Nicaragua, and occupy the fortifications at the mouth of its canal, as a fit position for another Elsinore or Gibraltar. Central Amer- ica itself was in no settled condition; disputes concerning boundary was still pending with Mexico on the one hand, and Colombia on the other; and serious disturbances existed in the very state of Nicaragua, where the excavations were to be made. He, therefore, urged the Congress to wait until the re- quisite surveys and calculations could be made, and not to leap into the contract blindfold, but rather, if the project, on satis- factory examination, should be found practicable, to reserve the benefit of it for the republic itself, or its own citizens. Notwithstanding the cogency of these reasons, the contract was ratified, but clogged at the same time with such onerous conditions, as would almost create a belief that the government did not feel very anxious to have it fulfilled. By the proposals originally presented to the president, a privilege was claimed of navigating the canal by steamboats for thirtyfive years; the contractor was to have one half of the proceeds of the tolls for fifteen years after thp capital invested should have been reimbursed; and the capital invested was immediately to be charged upon the republic as a debt, payable at all events by the people, if the project should fail to prove profitable to the undertakers. The enterprise, even upon these terms, would have been very hazardous, because the cost being con- verted into a loan, might very possibly reduce the nation to bankruptcy, and thus ruin the contractors. But in Palmers contract, the privilege for steamboats was limited to twenty years; and half the tolls for seven years only, instead of fifteen, was conceded. The republic, moreover, incurred no respon- sibility for the capital invested, but, on the contrary, imme- diately on the completion of the canal, was to receive one third of the tolls, leaving but two thirds as a fund to reimburse the contractors. In fact, they made themselves entirely dependant on the government, which might at any time resume the grant, by 1828.] Republic of Central dmerica. 143 refunding the principal sum laid out, with ten per cent. interest and one half the tolls for seven years. Add to this, that two hundred thousand dollars were to be forthwith advanced, to bQ expended in the construction of fortifications, and the contract- ors remained subject to he called upon for further advances, without any limitation as to the amount, or any security for repay- ment but the remote prospect of uncertain profit. These un- answerable objections proved fatal to the enterprise; because no capitalists did, or could, consider it anything less than ex- travagant improvidence to adventure in a speculation loaded with such conditions. Had the contract for the canal been made on the terms proposed by the firm of Barclay, and had it been thrown into the English market, when the mania for mining and other joint stock enterprises was at flood, this stock might have been subscribed for, at least with such chance of success as other bubbles of the day enjoyed. But we do not believe, that even the daring speculators of that infatuated period could have imparted credit and stability to the stock, on the conditions of the contract as finally concluded. Having entered so fully into the preceding topics, we shall abstain from relating minutely the circumstances of the unhappy civil dissensions, which have continued to agitate Central America for the past year. This will be the less necessary, because the newspapers have from time to time contained in- telligence of the events as they occurred. But the origin of the disturbances not being so generally known, and many mis.! apprehensions having gone abroad in consequence, respecting the motives of the contending parties, we shall simply state the commencement of the troubles, as we find it explained in the papers before us, without vouching for the integrity, either of the government or of its opponents. The inhabitants of Salvador have long been jealous, it seems, that a strong central party existed in Guatemala, the capital at the same time of the most powerful of the confed- erated states, and of the confederacy itself. They charged the president with having digested a plan of changing the govern- ment from the federal to the central form. Even during the session of the first congress, in March, 1826, the Salvadoreiios indicated the jealousy in question, by representing to the Con- gress the necess.ity of transferring its sessions, and the seat of the execative government, to some place distant at least forty leagues from Guatemala. Petitions to the same effect came 144 Republic of Central .llmerica. [Jan. from the towns of Aguachapam, and Metapan, in the state of Salvador. The regular session of Congress closed in June; and in August following, the senate, exercising the discretion conferred upon it by the constitution,* appointed an extraordi- nary session of the congress to be holden at Guatemala, the es- tablished seat of government, on the first day of October ensu- ing, to deliberate upon various important subjects demanding immediate attention. At the time fixed for the meeting, only sixteen members attended. As twenty-one were required by the constitution to constitute a quorum; the members conven- ed could not of course legally transact any business, but such as related to their regular organization. In the discharge of this duty, they examined and discussed the reasons assigned by the absent members for not attending, and took measures for procuring their presence. It soon became apparent, that the members from Salvador designed to refuse attendance at all events. One of them, Marcellino Mendez, sent in a memorial, in which lie signified his determination not to attend, unless the Congress was convened at some other place, denied that the decree of the senate set forth any sufficient cause for convoking the Congress, and complained, that among the subjects for its consideration, they had omitted to insert the question, left undecided by the pre- ceding Congress, whether the seat of government shculd be removed. This document was - justly regarded as a kind of public declaration of the feelings of the people of Salvador, whose unfriendly sentiments towards the Guatemaltecans (whether justly conceived or not, we do not judge) were other- wise sufficiently known. The result of the whole was, that the legislature of the state of Guatemala authorized the levy of a body of militia, under the name of defenders of the consti~ tution. Meanwhile the members of the Congress had continued their preparatory sessions, until October tenth, when the president of the republic issued a decree, ordering the convocation of an extraordinary congress at Cojutepeque, in the state of Salvador, to consist of two delegates for every thirty thousand inhabitants, and to be invested with unlimited authority to provide for the national necessities, and preserve the public tranquillity. This * Gonstitucion de Gentro-America, T. vi, s. 2, art. 101. Convo- car& al Congreso en caso~ extr~ordinarios. 1828.) Republic of Central .tlmerica. 145 decree was immediately declared unconstitutional and void, by the Supreme Court; and being communicated to the regular Congress, they also voted that it was an act of arbitrary power on the part of the president, and that they could not observe it, either as individuals or as public functionaries. Guatemala, on the one hand, yielded a qualified submission to the presidents decree, and proceeded to elect delegates for the extraordinary congress. Salvador, on the other hand, took the lead in opposing it; and had she confined her opposi- tion to the constitutional means of resistance, the affair might have terminated without bloodshed. But various events oc- curred, having a tendency to exasperate the minds of all con- cerned, and the breath of party spirit fanned the flame of discord, till it broko forth into a civil war. Early in 1827, the government of Salvador levied troops, and caused them to be gradually concentrated upon points convenient for invading the territory of Guatemala. This measure was the signal for actual hostilities. The Guatemaltecans considering themselves threatened with an attack from the Salvadoreafios, prepared for the worst. After various intermediate movements, the troops of Salvador marched upon the city of Guatemala, amounting to twelve or fourteen hundred in number, and head- ed by Nicolas Raoul, Isidoro Saget, and Cleto Ordoiiez. An engagement ensued in the neighborhood of the capital, which resulted in the defeat and dispersion of the invading force, and the complete triumph of the Guatemaltecans. Such was the origin of the unfortunate dissensions, which have agi- tated the new republic, and the present effects and future con- sequences of which, may prove disastrous to its prosperity. We sincerely hope, however, for that entire re~stablishment of the constitutional government, and that permanent restora- tion of peace and good order to the nation, which the latest accounts encourage us to expect. VOL. xxVLNO. 58. 19 140 Bounings Poetry tv~d Literature of Poland. [Jan. ART. Vi. Specimens of Polish Poets; with .JVotes and Obser- vations on the Literature of Poland. By Jowl BOWBiNG. London. 1827. l2mo. pp. 227. THOUGH we notic& d Mr Bowrings Servian translations in our last number, we cannot resist the temptation of bringing him again before our readers; and we have more reasons for doing this than the mere wish to praise him. This however is, we confess, a strong one; for the writer who can move grace- fully under the restraints of a foreign idiom, and give us the spirit of foreign poets, without the secondhand air of trans- lations, must possess a rare talent. We have even suspect- ed, that Mr Bowring can do more than this; that he can sometimes, like our Stuart, raise his portraits to the digni- ty of pictures, by throwing into them an expression of mind and character, which nature had neglected to give them. A man of such powers must do some violence to his own am- bition, by condescending to the office of translator. It is true, he is repaid by admiration; but it must be remembered, that he was obliged to create the taste, which he is now gratifying. We had before occasionally seen some of the wild flowers, which grew under the lead:en skies of the north of Europe, a.nd as there was known to be n~ lack of misery in, those regions, it was supposed,.of course, that there must be poetry ajso; but no one had thonght of a polar expedition to collect it, and we believe that Mr Bowring may claim the ground by the right of discovery, as well as successful cultivation. We remember well, that when he gave us his beat~tifui specimens from. Rus~sia, and from Servia (a country which might almost have been blotte4 from the map without our knowing it), we were almost as much taken by surprise, as by the ode, which Major Denham brought from the court of his colored majesty of Bornou. But a better reason for noticing Mr Bowring is, that be is aiding the cause of philanthropy. By making the nations acquainted with each others efforts in the department of imagi- nation, he is creating in them a reciprocal interest, which at present nothing else could do. Commerce does not tend so much as might be expected, to remove the prejudices, which lead men to strife; for they have not yet learned, that the gain of one nation is not necessarily loss to another. Science seems

Bowring's Poetry and Literature of Poland 146-158

140 Bounings Poetry tv~d Literature of Poland. [Jan. ART. Vi. Specimens of Polish Poets; with .JVotes and Obser- vations on the Literature of Poland. By Jowl BOWBiNG. London. 1827. l2mo. pp. 227. THOUGH we notic& d Mr Bowrings Servian translations in our last number, we cannot resist the temptation of bringing him again before our readers; and we have more reasons for doing this than the mere wish to praise him. This however is, we confess, a strong one; for the writer who can move grace- fully under the restraints of a foreign idiom, and give us the spirit of foreign poets, without the secondhand air of trans- lations, must possess a rare talent. We have even suspect- ed, that Mr Bowring can do more than this; that he can sometimes, like our Stuart, raise his portraits to the digni- ty of pictures, by throwing into them an expression of mind and character, which nature had neglected to give them. A man of such powers must do some violence to his own am- bition, by condescending to the office of translator. It is true, he is repaid by admiration; but it must be remembered, that he was obliged to create the taste, which he is now gratifying. We had before occasionally seen some of the wild flowers, which grew under the lead:en skies of the north of Europe, a.nd as there was known to be n~ lack of misery in, those regions, it was supposed,.of course, that there must be poetry ajso; but no one had thonght of a polar expedition to collect it, and we believe that Mr Bowring may claim the ground by the right of discovery, as well as successful cultivation. We remember well, that when he gave us his beat~tifui specimens from. Rus~sia, and from Servia (a country which might almost have been blotte4 from the map without our knowing it), we were almost as much taken by surprise, as by the ode, which Major Denham brought from the court of his colored majesty of Bornou. But a better reason for noticing Mr Bowring is, that be is aiding the cause of philanthropy. By making the nations acquainted with each others efforts in the department of imagi- nation, he is creating in them a reciprocal interest, which at present nothing else could do. Commerce does not tend so much as might be expected, to remove the prejudices, which lead men to strife; for they have not yet learned, that the gain of one nation is not necessarily loss to another. Science seems 1828.] Bowrings Poetry and Literature of Poland. 147 to have put on a martial aspect; for who does not know what a tempest the name of quadrant, or compound blow-pipe, has awakened? But the works of imagination are welcomed every where, without jealousy, censorship, or suspicion. Nations seem to have a bowing rivaiship with each other in doing hom- age to foreign genius. The Frenchman devours the novels of his natural enemy, and groans in admiration of Young; and England welcomes painters from America, without upbraiding them for their unnatural rebellion fifty years ago. These mu- tual courtesies augur well, and such sympathies may serve, in the absence of better, to bring men together, to give them com- mon interests and pleasures, and to make them delight in these harmless displays of power, as the Greenlanders are said to fight out their quarrels, without savage meetings in the field of blood. Certain grave men may think We attribute too much to the imagination; but truly, if national dissensions derive their strength from the imagination, we do not see why that power should not heal as well as destroy, nor why the same imagina- tion of honor, which can muster thousands to danger, should not be able, if rightly directed, to keep them quiet at home. When a land is lighted up by the universal fire of poetic imagi- nation in all its valleys and hills, it is no longer foreign, nor its people strangers to any other. We know and share their sen- timents and feelings, and cannot feel at enmity with them. This may hereafter be the case with all the nations, and we think Mr Bowring is aiding to bring about the result, when this sword of the breast, if not beet quite into a ploughshare, shall at least be made an instrument for extending liberty, humanity, and happiness, and for breaking down the bars and boundaries, which now separate men from each other, as if their nature and real interests were not the same, as if man might have substantial reasons for not being at peace with man. Perhaps we must hope more humbly than this; we trust, then, that by making the nations acquainted with each others poetry, Mr Bowring is aiding the cause of freedom. Poetry naturally speaks the language of freedom, and it cannot, how- ever laureated, lisp the courtly phrase without blushing; it is much more at home when bearing free sentiments from king- dom to kingdom, and stretching through them all that electric chain, from which, touch it in any part of the world, the same fire sparkles, and the same shock is given. No small portion of men feel that they are oppressed; some, like the Poles, by 148 Bowrings Poetry and Literature of Poland. [Jan. tyrants without; others, by tyrants within; and they take cour- age when they hear their own strong feelings expressed in the languages of different lands. Certainly a mention, like that of Poland in The Pleasures of Hope, must be reviving to a suf- fering people; it gives them a pledge, that millions of hearts are on their side. Thus every Pole, who desires to be free, grows bold when he hears poets, if not politicians, say, that the second Holy Alliance is no better than the first; that their pre- tence of putting down anarchy is the same, which Catharine made for dismembering Poland ; and that it is quite too much for their patience, to see a gallant nation destroyed by a profli- gate old woman, aided by an Austrian devotee, and a Prussian hero, which last name will cease to stand so high, when it pleases the world to open its eyes. We have neither room nor materials, at present, for a history of Polish literature. The Poles (so called from Pole, a plain, which is a word descriptive of their soil) are the best descend-~ ants of the ancient Sarmatians. This was a name given to the vast and shifting population of northern Europe, which was continually rising with a swing, like that of the ocean, against the bounds of the Roman empire. We know nothing of their attempts at poetry, and are not disposed to lament the loss. If it be true, as was said of them, that their architecture was in- ferior to that of the beaver, we could not expect to find the sister arts in a very exalted state. But in later ages, the nation sustained a proud character; it was called the rampart of the christian world; the people wePe full of romantic daring, and exercised their courage against the Turks on one side, and the barbarous Russians on the other. A Polish army under So- bieski, drove the former from the gates of Vienna in 1683; and in the preceding century, Stephen Bathori bombarded the great Muscovite city of Moscow, as we are assured by Captain Dalgetty, though he was not present on that occasion. So late as the seventeenth century, a Czar was carried pris~ oner to Warsaw, and the son of a Polish king placed on the Russian throne, at least as firmly as Henry of England on that of France. As the poets are a race, who love to sun them.. selves in their countrys glory, it might be expected that they would celebrate these memorable deeds; but other circumstan-. ces were unfavorable to their existence. Possibly this very renown of the Poles for courage, prevented some nation from doing them the favor, for which England was indebted to the 1828.] Bowrings Poetry and Literature of Poland. 149 Normans, who, in atonement for their intrusions, gave flexibili- ty to her language, and romance to her poetical inspirations. The literature of Poland suffered under an invasion of another kind. When christianity was introduced, its teachers were generally foreigners. By their influence, the Latin was made the prevailing language, while the Polish became vulgar; and as they were the only writers, scarcely anything was published in the native tongue. This despotism lasted till the sixteenth century, when Rey of Naglowic, and Kochanowski, gave the language the ascendancy and form which it now retains. It by no means deserved to be thus neglected; Schaffarik com- pares its sounds to the vibrations of a guitar. Mr Bowring tells us, that it is the most polished of the Sclavonian dialects, but when written, the difficulty of accommodating twenty-four Latin letters to thirty-six Sclavonian sounds, gives it an unin- viting aspect, and the accent always falling on the penultimate syllable, forms a stumblingblock in the way of versification. But though its language was thus depressed, Poland was not behindhand in improvement. Kochanowski, of whose writings specimens are given, lived in the sixteenth century; and, ex- cepting Chaucer, what distinguished name could England boast before that time? Wyatt and Surrey were poets, it is true; but no one would think of giving their works to a foreigner, among a few specimens of English poetry. In the sixteenth century, almost every considerable town in Poland had its printing press. The Zaluskan library, lately removed to Petersburg, contains more than twenty thousand works in this language alone; and the poets are found in an unbroken line, from the time of Sigismund Augustus, the patron of Kochanow- ski, down to the present day. We cannot help wishing, that the plan of placing Sir Philip Sidney on the throne of Poland, had been less a dream of romance. The character of the English Bayard was precisely fitted to charm such a people; it might possibly have added elegance to their literature, and grace to their stern virtues; and, if he could not have given a happier turn to the destiny of the nation, he would at least have been a magnificent subject for their heroes to imitate, and their bards to praise. Some may think, that the misfortunes of a country are more quickening to poetry, than its triumphs; and it it is sometimes true, that the fountains of inspiration, which run low in the prosperous summer of a nation, are filled to overflowing by 150 Bowrings Poetry and Literature of Poland. [Jan. the storm. But time must first soften the painful recollections; poets do not find their materials in the raw chilness of the new-made grave, nor the blackness of the recent ruin. One of the living poets of Poland has appealed to the feelings of his countrymen with great power; but they must be heart-sick, while they remember by what a series of low villany they were undone; it would have been less humiliating to fall a sacrifice to the fame of some illustrious destroyer, than to sink under the plotting knavery of emperors and kings. We are glad to be informed, that misfortunes have not broken their lite- rary spirit; three universities, beside inntimerable other literary institutions, are sending knowledge through the country, and may give them an intellectual existence when the outline of their territory shall be forgotten. It is doubtful whether their present sovereigns, if they could avoid it, would allow them even this. The three millions, who were thrown into the hands of Austria by the partition, were not tortured with attempts to break down their na- tional distinctions; the Austrian sovereign oppressed them in a more characteristic way, by plunder and taxation. The Emperor went so far as to rob the churches of their gold and silver, and even to despoil of their ornaments the royal tombs at Cracow. This individual has not yet made any attempts to prevent the advance of knowledge; but as his views with respect to literature are known to resemble those of Jack Cade, it cannot be expected to flourish under his administration. Nearly two millions were subjected to the Prussians, whose blows at the national existence were more direct; they de- creed that the German language should supersede the Polish; and thus their despotism, though less rapacious, was more grat.. ing to the Poles, because more humbling to their pride. But the Prussians professed to respect property; and when the statue of their king was erected in a Polish city, Suurn cui was engraved on the pedestal; an excellent rule, if not intend- ed wholly for the benefit of others. But the effect of the Russian government on Poland is by far the most important; it extends direct to a million and a half; and three millions and a half are i~luded in the Russian kingdom of Poland. The Russians have not harassed the Poles with new political institutions, but as Russian civilization is confined to the higher orders, like a Corinthian capital surmounting a shapeless block, or the laced hat of an African monarch exalted above no other 1828.] Bowrings Poetry and Literature of PolanJ. 151 drapery than that of nature, it cannot be supposed, that the communication of the Poles with the brutal and ignorant offi- cers and soldiery sent among them, will have any propitious effect on their intellectual character. Surely no man can wonder, that the Poles, ground to the dust by the various bur- dens of oppression, should have sprung with one heart, to the service of Napoleon. The moment there was a glimpse of hope, that he might restore their country, eighty thousand Poles engaged in his service; they were last in the disastrous retreat from Moscow, and clung to his broken fortunes when the rest of his allies had left him; for though he did not prove a benefactor, nor friend, he was their avenger; and therefore they cheered him onward in the blaze of his fame, and mourned for him when he had fallen. We must not look for anything very national in the speci- mens before us. It would be pleasant, certainly, to see a nations character reflected in its poetry; but it is no more to be expected, than in that of individuals, where few will do the writer the kindness to believe, that his life is as pure as his song. The national poetry does not seem to depend much on the history and manners. The greater historical events will be duly commemorated, and the natural scenery will enter the service in the capacity of metaphor; but the stream of inspi- ration cannot retain all the images, that may have cQlored its waters ~s it flows, nor are poets, after all, the men most serious- ly affected by the condition of their country. In a rude age, like that of the Trouhadoiws, when poetry is meant directly for the audience, and must charm at a first hearing, or not at all, poetry may give an exact idea of the manners and taste; but not so, when the general refinement requires more labor to please, and at the same time furnishes a supply of various materials for the poet, beside opening paths to fame, which do not require him to watch the attention of an audience, or flat- ter its vanity. Without pretending to give a summary char- acter of Polish poetry, we should say that it was not remark- ably national; but this may be explained by the fact, that the glory of Poland was on the wane before the age of inspira- tion began. It is plaintive and thoughtful, sometimes powerful and inspiring; less characteristic than the Servian, less im- posing than the Russian; but by no means destitute of interest and beauty. We give the following lines from the patriarch of their poets, Kochanowski, who died in 1584. 152 Bowrings Poetry and Literature of Poland. [Jan1. Sweet sleep! sure, man might learn to die from thee, Who dost unravel all deaths mystery; Come spread thy balmy influence oer my soul, And let it soar, beyond the worlds control, Up to the realms where morning has its birth, Down to the abyss whence darkness wraps the earth, Where time has piled its everlasting snows, Where parched by sunbeams not a fountain flows; O let it count each bright and wandering star, Or chase its mazy pilgrimage afar; Sit in the centre, while each circling sphere Pours its aerial music on the ear; Drink of the oerflowing cup of joy and peace, While the tired body sleeps in weariness No dreams to hang upon it~ mortal breath ; And soundyinglet it taste of death. p. 55. Zimorowicz lived in the polemical reign of Sigismund the Third, and died in 1629, atthe early age of twenty-five; literature was at that time neglected for monkish Latin, and considering the prevailing intellectual darkness and depravity of taste, we cannot help being struck with his writings. Apart from their simplicity and beauty, we may admire them as night-blooming flowers. The following song is finely expressive of the jeal- ous fears and sorrows of a lover I saw thee from my casement high, And watched thy speaking countenance; With silent step thou glidedst by, And didst not cast a hurried glance Upon my mean abode nor me. Then misery smote me ;but for Heaven I should have fallen scathed and dead, I blame thee not,thou art forgiven; I yet may hear thy gentle tread, When evening shall oermautle thee. The evening came,then mantling night; I waited till the full moon towered High in the heaven.My longing sight Perceived thee not ;the damp mists lowered; In vain I sought thee anxiously. Didst thou upon some privileged leaf My name record, and to the wind Commit it,.bid it charm my grieg Bear some sweet influence to my mind, And set me from despairing free? 182S.] Bowrings Poetry and Literature of Poland. 1 ~3 Where are the strains of music now, The song, the dance that morn and eve Were heard about my house,when low And sweet thy voice was wont to heave Soft sighs and gentle thoughts for me. T is past, t is pastand in my heart Is sorrow,silence in my ear; The vain worlds wonted smiles depart; Joy and the springtide of the year, Fond youth! are scattered speedily. Thou hast not said, Farewell! No sleep Shall close my mourning eyethe night Is gloomy now! Go, minstrel, weep! For I shall weepand sorrows blight, That scathes my heart, shall visit thee. pp. 86, 87. We select a few verses from another of his songs, that well represents the graceful importunity of love. It is not gold that I entreat, I would not have thy riches, sweet I supplicate no gems from thee, I want no rings of brilliancy ; But give me, give me, lovely maid! The rosemary wreath that crowns thy head. When thou didst plant those flowrets, thou Didst pledge the wreath to bind my brow ; The wreath is woven; now convey The wreath to me, as thou didst say; Come, give me, give me, lovely maiA! The rosemary wreath that crowns thy head. Twill fade ere long,.the summer sky ~vVill blast its bloomits flowers will die; Though suns be cool, and winds should sleep, Soon autumns chill will oer it creep. Come, give me, give me, lovely maid! The rosemary wreath that crowns thy head. o is it not a praise, a bliss, For such a trifling gift as this, A few frail flowers that soon must die, To find a friendeternally? Then give me, give me, lovely maid! The rosemary wreath that crowns thy head. pp. 90, 95~. VOL. xxvi....NO. 58. 20 154 Bowrings Poetry and Literature of PoJand. IliJan. Sarbiewski is so well known, by his name Casimir, for his Latin poetry, that we pass to more modern writers. Of these, Niemcewicz is distinguished as a historian and tragedian, as well as poet. He is perhaps still remembered in some parts of this country, as the companion in exile of Kosciusko. Af- ter his return from America, he published a Life of Washing- ton. Mr Bowring has given some eloquent specimens of his prose writing. We could do no justice to his poetry by an extract, and we regret that the length of the specimens pre- vents us from inserting the whole of one of them. But we must hasten to Casimir Brodzinski, also a living poet, and a man of striking genius; whose works must have great power in his own land, where their tragic talent and perfect simplicity make them accessible and interesting to all, the humble as well as high, and the patriotic feeling, which bursts out everywhere, must, like the Swiss Ranz des Vacites ,go to the hearts of men, who are enduring all the miseries of banishment, in their own country. Brodzinskis patriotism is not mere language, but a deep and burning passion; his works are not hung with black, like mourning-pieces, but the remembrance of his countrys wrongs gives a solemn energy to every sentiment. We do not know whether he is old or young; possibly he may re- member the short but brilliant existence of his countrys free-. dom; he may have sat by its cradle, and followed it to the grave; and though it would seem, that nothing less than a miracle can revive it, we doubt not, that if the changes of the world ever afford a gleam of hope, he will raise a trum- pet-call to his countrymen, to which every heart will reply. The first specimen of his poetry alludes to the celebrated Polish Legion, the remnant of Kosciuskos army, which cut its way to Italy to join the French republican forces, and afterwards served so faithfully in the campaigns of Napoleon. The Legionist is a dialogue between a young Polish soldier, and an old Italian, who welcomes him as a stranger. The careless desolation of the Pole, the sorrowful revenge that swallows up every other feeling, his indifference to the luxuri- ous climate and the perfect and ruined monuments of art, are finely contrasted with the gentle courtesy and indolent epicu- reanism of the Italian, who is quite unable to comprehend a character so young and so determined. It closes thus; Nought to me But the harsh clarions clang is harmony; 1828.] Bowrings Poetry and Literature of Poland. 155 That only can awake my countrys sleep; That let me hear when sinking in the deep Dull cave of long forgetfulness. If eer Age should call back the blighted wanderer To his own home; how sweet beneath the shade Of the pale lime-treeon the green turf laid To mingle with my countrys sorrow, thought Of triumphs by her exiled children bought. Our cities are in ashes; from the block Our youths neer chiseled gods; yet on the rock By the way-side our heroes tombs we see, Uttering their deeds to time and history. THE ITALIAN. Thou fair-haired youth! these tones, so sad and stern, Become not lifes gay spring. Let old men mourn, But thou, be joyful. Let thy country be In Gods high handthe King of kings is he; But thou, the black-eyed, sweet-voiced maiden take, - Forget thy griefs, thy gloomy cares forsake; Round her thy children and thy home shall bloom, For all the world is love and virtues home. THE POLE. Nay! I have shed hot tears for her I love; Nought but my country could our hearts remove. Wheneer I close my pilgrimage, Ill bear To my old sire my swordmy heart to her. One common land has bound us ;this our vow,~-~. Freedom and unchanged faith,I swear it now! He spokethe Ukrainian Dumas met his ear; On the dark hills the Polish ranks appear; And like an arrow with his steed he sped, While Romes old burgher wondering bent his head. pp. 1SO182. The next specimen, Wieslaw, is decidedly the most inter.. esting in the book. It gives us a picture of the Polish peasan- try, who, judging from this, bear some resemblance to the Scotch in their general simplicity, and occasional shrewdness; above all, in their religious feeling. The heroine is a maiden, who was lost to her parents, when Poland was laid waste, and was found and brought up in a distant village. An old peasant suspects that he has discovered her parentage, and though she left her home in very early childhood, he resolves to ascertain it by taking her to her native place, without however communicat- ing his suspicions to her. The troubled recollections that dawn 15(5 Bowrtngs Poetry and Literature of Poland. [Jan. upon her mind, in a region which she thinks she sees for the first time, remind us of Bertram at Ellangowan; the effect of the village hells is admirably descrihed. She is sad and thought- fiil during the journey, but as they come near the village, What joy, what gladness lights Halinas eye! Why talks she now so gay and sportively! They cross the planksthe brush-wood maze they thread, The sheep and shepherds play upon the mead; She listened to the artless pipe; her ear Appeared enchanted. Was it that her dear And now far dearer Wieslaw, had portrayed This scene when singing to the enamored maid? John watched her looks intensely.Was the scene One where her early infant steps had been? Now rose the village steeple to the view; The vesper-bells pealed loudly oer the dew; They fell upon their knees in that sweet place; The sun-set rays glanced on Halinas face, And she looked like an angel. Every vein Thrilled with the awakened thoughts of youth again, And longings which could find no words. The bell Had burst the long-locked portals of the cell Of memory; and mysterious visitings And melancholy joy, and shadowy things Flitted across her soul, and flushed her cheek Where tear-drops gathered. To a mountain peak They came; the village burst upon their view, They saw the shepherds lead their cattle through The narrow bridge; the ploughman gaily sped From labors cares to labors cheerful bed. The village like a garden reared its head, Where many a cottage-sheltering orchard spread; The smoke rose midst the trees; the village spire Towered meekly, yet in seeming reverence, higher Than the high trees. The yew-trees in their gloom Hung pensive over many a peasants tomb; And still the bells were pealing, which had tolled Oer generations mouldering and enrolled In deaths long records. While they looked, old John Bent on his stick and said, Look, maiden, on Our village; doth it please thee? Wieslaws cot Is nigh at hand. She heard, but answered not; Her looks were fixed upon one only spot ; Her bosom heaved, her lips were dried, her eye Spoke the deep reveries intensity. 1828.] Bowrings Poetry aud Literature of Poland. 157 Remembrance of some joy had bound her soul; She breathed not, but moved on ;a cottage wall Soon caught her eye, and near, a cross appeared; Twas ivy-clad and crumbling ;for t was reared In the old time ;a willow-treea sod, Where the gay children of the village trod On holidays, were there. She could no more; She dropped oerpowered upon the grassy floor, And cried, 0 God! 0 God !-t was here, t was here I lived! Where is my mother? Tell me, where? If she be dead, I 11 seek her grave, and weep My orphan soul away to rouse from sleep Her blessed form.T was here I played of old ;. T was here I gathered flowers; but I behold My mothers cot no longer,thought flies oer Its memory ;but that cot exists no more.~~~ pp. 214216. This extract is a long one, but we trust that none of our rea- ders will wish it shorter. The longer specimens are better than the lyrics for giving an idea of the poetry in general. We cannot help wishing, that Mr Bowring had acquainted us with his own sentiments, as to the various character of his originals; the few extracts he affords may mislead us in our judgment of the whole; at least they are not numerous enough to sus- tain a decided opinion. The metopes would not give us much idea of the Parthenon, unless we knew their place and proportion. Mr Bowring has little of the book-making pro- pensity about him; but it is not our business to find fault with what is generally a virtue. He is now employed, we understand, on a history of the literature of Bohemia, which is intended to embrace Specimens of the Popular Songs ofthe Ylioravians, Scia- vonians, Bulgarians, and other Sclavonic Races. This work promises to be one ofmuch interest. The author relies not on materials gathered at second hand. Warmed with a genuine enthusiasm, he travels in the countries themselves, and plucks his flowers fresh from their native stems. Translations of Finnish, Laplandish, and Esthonia poetry will follow in due time. We heartily wish him success in his perambulations amidst these novel fields of imaginative literature, which he has hitherto explored with so much credit to himself, and so much benefit to the reading world. Debates in f.fongress. [Jan. ART. VII. Spe~ckes in Congre& r, as published in the .TVewspapers; 1826, 1827. THE range of the human mind is almost infinite, but the particular departments to which it may be directed, especially in most branches of literature, will sooner or later be filled, and no resort remain but to repetition. Some critics have as- serted, for instance, that epic poems, which would be read, can no longer be produced. Homer, Virgil, Milton, Tasso, and Camoens, without citing more recent names, have exhausted the process. Tragedy also has no field untouched, and though the French, with their crowds of theatre-going idlers ,now and then sustain a new one for a few nights, by the aid of ~n occa-~ sional political allusion, which seriously alarms the court and the police of that volatile nation, it falls into oblivion with the modes of the season. Even comedy, which perhaps has more numerous combinations, in the proportion that the ridiculous bears to the terrific in human character, yet even every princi-~ pal comic emotion, pursuit, situation, or trick, has been ex- hausted in the many thousands of comedies, which Spain, France, and England have produced, without taking into the account other nations ancient and modern. The result is, that formal epics are abandoned for irregular lyrical narratives, while tragedy and comedy have given way to melodrame and pantonume. Forensic oratory and parliamentary debating seem to be quite as much exhausted ; the great masterpieces of Greece, Rome, and England, together with some specimens in our country, have gone over all the great topics, exhibited all the m~sterly resorts of rhetoric, and nothing remains to make a debate endurable, but the accidental occurrence of some really powerful, momentary excitement; which, however, is too often attempted to be raised by the mere feverish turbulence of par~ tisans, while their insipid commonplaces, and mock attempts at dignity that neither they nor the subject possess, occasion their harangues to fall stale, fiat, and unprofitable, on a tired, disgusted audience. The evil, though carried to greater extent with us, is not confined to our country. The abuse is very great in England, and the public there seem equally tired of it; and as the min- isters in that country have a seat in one or the other house, it

Debates in Congress 158-163

Debates in f.fongress. [Jan. ART. VII. Spe~ckes in Congre& r, as published in the .TVewspapers; 1826, 1827. THE range of the human mind is almost infinite, but the particular departments to which it may be directed, especially in most branches of literature, will sooner or later be filled, and no resort remain but to repetition. Some critics have as- serted, for instance, that epic poems, which would be read, can no longer be produced. Homer, Virgil, Milton, Tasso, and Camoens, without citing more recent names, have exhausted the process. Tragedy also has no field untouched, and though the French, with their crowds of theatre-going idlers ,now and then sustain a new one for a few nights, by the aid of ~n occa-~ sional political allusion, which seriously alarms the court and the police of that volatile nation, it falls into oblivion with the modes of the season. Even comedy, which perhaps has more numerous combinations, in the proportion that the ridiculous bears to the terrific in human character, yet even every princi-~ pal comic emotion, pursuit, situation, or trick, has been ex- hausted in the many thousands of comedies, which Spain, France, and England have produced, without taking into the account other nations ancient and modern. The result is, that formal epics are abandoned for irregular lyrical narratives, while tragedy and comedy have given way to melodrame and pantonume. Forensic oratory and parliamentary debating seem to be quite as much exhausted ; the great masterpieces of Greece, Rome, and England, together with some specimens in our country, have gone over all the great topics, exhibited all the m~sterly resorts of rhetoric, and nothing remains to make a debate endurable, but the accidental occurrence of some really powerful, momentary excitement; which, however, is too often attempted to be raised by the mere feverish turbulence of par~ tisans, while their insipid commonplaces, and mock attempts at dignity that neither they nor the subject possess, occasion their harangues to fall stale, fiat, and unprofitable, on a tired, disgusted audience. The evil, though carried to greater extent with us, is not confined to our country. The abuse is very great in England, and the public there seem equally tired of it; and as the min- isters in that country have a seat in one or the other house, it 1S28.] Deb~~tes ~n Co~gr& ~s. 159 falls with oppressive weight upon them. Indeed, we recollect a few years since, when a great many changes had been rung on the same question, though under the form of a different mo- tion, being prolonged through many nights, that the Lord Chancellor seriously insinuated, that there seemed to be a de- termination to incapacitate his majestys ministers for per~ forming their duty during the day, by harassing them every night with a debate. There is an opinion on this topic, ex- pressed in a posthumous letter of Lord Byron, which is by no means confined to him. After briefly describing, with adruira- ble discrimination, some of the chief contemporary speakers, he concludes; But among all these, good, bad, and indifferent, I never heard the speech which was not too long for the audi- tors, and not very intelligible, except here and there. The whole thing is a grand deception, and as tedious and tiresome as may be, to those who must be often present. Yet the aristocratic and arrogant habits of the British parlia.. ment keep down the evil in part; it is only a chosen few, who have fought their way through many a combat, whom the ma- jority will yawn at~ with forbearance. If a man unknown to fame, a mere prosing, jury-confounding arguer, or vain, tire- some country gentleman, or conceited cit, should attempt a display, he would be coughed and scraped down; and all these classes, which dilate with impunity among us, would be com~ pressed into silence. Though to some we may appear to write with too much frankness, we apprehend that a majority of the nation will agree with us, and would be glad to have the proposition estab.. lished; that, speeches in Congress have increased, are in- creasing, and ought to be diminished. The House of Repre- sentatives are the natural, immediate guardians of the people, but who are to guard the guardians? Undoubtedly There is more than one member of that important body, who would be startled at a charg~ of abuse against it. They indeed have their professed censors and tribunes, who are perpetually imput.. ing corruption and abuses to other branches of the govern- ment. They are constantly smelling and winking, and on the eve of detecting some enormity. From the excessive salaries of the secretaries.(we must save our feelings by speaking strait forward in a parenthesisthe despicable, parsimonious stipend paid to the highest labor, and most intense anxiety, not equalling the gains of mediocrity in many of the ordinary 160 Debates in Congress. [Jan. professions of life), from these splendid emoluments, down to the moderate, decent remuneration of the clerks, no winter es- capes without some magnificent attempt at reduction, some huge effort at economy. Now we really believe our govern- ment in all its branches to be freer from abuses, than any other in the world; and this arises from our having no ancient malpractices consecrated by time, no privileges radicated be- yond the power of extraction; and, besides, to its being sub- ject to a publicity the most unsparing and uncontrolled. Yet we are equally of opinion, that in the abuses which do creep in, by far the largest and the most costly proportion is to be found in the legislative branch; in the department occupied by the guardians and representatives of the peoples rights. We allude not now to the paltry considerations of their daily pay, of their expenses of printing, & c. & c., but to the evils produced by this pestilent abuse of debating. We ask the na- tion to judge between their representatives and us poor critics; we ask men conversant with public affairs, to look back for a few sessions, and see how many great measures of national im- portance have been delayed, or are still postponed, by this vile prurience for debate. And if these questions are too general to be felt, we come to suffering individuals, with real or imaginary claims, who have journeyed from distant parts of the Union, wasted month after month in expectancy, and at last have been put off to another and another session, because there was no time for investigation! This evil has gradually gained upon the Senate, until it is al.. most as much infected as the other house; and the course is still more unwise in them. Surely they may disdain the poor display, the ignoble triumph of common disputation. When the smallness of their number, the independence, the bodies and interests represented, and the functions of which they constitutionally partake, are considered, we think it no exaggeration to say, that they are The most respecta- ble parliamentary house in any government. True it is, a temporary shade has passed over them, but this, like other shadows, will leave no mark. If, then, this body would re- linquish the superfluity of debate, their greater progress in public business would be a salutary check on the other house, and goad them to a more punctual and efficient discharge of public duty. If any person should think these remarks unfounded, and 1828.1 Debates in Congress. 161 that this abuse of what Bentham would call speech jfication, does not exist, we refer him to the speeches of the members for any one session; he will see that they themselves are con- scious of their offences, and that three out of four begin with an excuse, or some attempt to excite commiseration by com- plaints of ill health, but that their sense of public duty is so strong, that they will speak, though they sink under the effort. It would be something gained, if ill health could be considered as an excuse, or enforced as a disqualification. There is no aristocratic remedy, as in England, of scraping and coughing; but they connive at and bear each other out, having the same object in view; and there is no intrepid reformer to take the part of the nation, and ask them, Why do ye so? The obvious remedy for the evil would be found by not publishing the speeches in extenso. Because, in most cases, it is not the effect of the speech in the house, that the debater thinks or cares about. His object is to get his speech into the newspaper, and besides its circulation in that shape, the print- er, for a trifling fee, breaks up his endless columns into a dingy, pamphlet page; and these precious missives the member de- spatches to sundry of his constituents, who stare with pleasure at the efforts of their representative, and have their pride grati- fied in receiving a communication free. Were the postage demanded, most of them would be inhumed in the dead-letter office, and come back to that bourne, the general post office, whence they proceeded. If only the substance of the speech was given, the real arguments of the speaker stated, as there would he the three grains of wheat in the five bushels of chaff, a most salutary corrective would be applied, and the editor be- sides enabled to devote a large part of his paper to useful and entertaining miscellanies, and his readers would get a much clearer insight into public affairs. But the printers also are partly interested in the abuse, as this great repository of words furnishes them matter, without the pains of selecting or originating more valuable materials; and, besides, the same types undergoing the easy evolution of change of column, and broken up into little octavo or duodeci- mo squads, are paid for by the garrulous member, for the pur- pose of being distributed as we have before mentioned; and this fictitious new edition gives its emolument. But the jour- nal, by becoming more valuable, would in the end gain more by giving the abstract we have recommended, fairly stating all VOL. xxvLNO. 58. 21 Debates in Congres*. [Jan. the arguments, and omitting merely the excuses, the declama- tion, and the sad inanity of faded commonplaces. The public unquestionably would be better instructed, their passions would be less excited, and they would understand more clearly, and judge more wisely of the chief topics of national concern. In this manner one column would condense and rectify the be-~ wildering confusion, that now spreads over four; while the journal would become brighter, more varied, more edifying, more valuable. The very appearance would be worth the al- teration. We appeal to nine out of ten of the subscribers, to the metropolitan journals, during, and for some time after, a session of Congress; we ask them with what emotions they see those wide, folio pages of a desolating debate, unbroken, unvaried as a wild heath or interminable prairie, with no ap- parent resting-place, or object in relief, whether they are not glad to thank misery for a change, and hail with delight the ap- pearance of one of those treaties in which Eho-che~nunga, the Madman, or Sho-mon-e.-ka~-sa, the Prairie Wo(1 assents to the exterminating progress of civilization. lATe repeat it, the common routine of parliamentary speaking is no longer tolerable. The forms of oratory are as much used and worn, as the epic, the tragic, or the comic. The evil we deplore is increasing; the nation must set their faces against it, insist on having their business attended to, and not trifled with in debates. There will still be ample space left in the caucus, or in the courts of the country. There, in serving as jurymen, from which none are exempt, we may submit to the hammerers, and splitters, and spinners, who satisfy litigants that they earn their fees by laboring in their vocation, and as quiet citizens he resigned to our fate, when our turn comes to hear law, justice, and equity so bethumped with words. But the same individuals must not transfer the same habits into the halls of congress. Nothing, however, short of a general rising in public feeling, will intimidate the offenders, and pro~ duce a reform; because, though there are some who have a better sense of the matter, there are many among them, who, it would seem, from their simplicity, confined reading, and a social intercourse limited to very narrow circles, really think they are making a pretty display, and are quite unaware how jejune, tedious, and rediculous these harangues appear to per- sons of larger experience. Let them inquire of some one who is willing to tell them the truth, and they will be astonished 1828.] Do Sta~Ps Letters on England. 168 to learn, like Molii~res Bourgeois Gentilliomme, that in these labored discussions they have been most sadly prosing all the time. We have already hinted at some mechanical checks, which i~ is in the power of the printers to interpose in behalf of the na- tion. But we have an idea, that whenever some oNginal mind with adequate talent and sagacity, takes up this subject, that a great and favorable change may be produced by striking out an entirely different course, and MAdamizing the worn~. out, jolting path. We cannot go further now than throw out the hint, from the fear of being tiresome, a quality, which reviewers should bear in mind is not confined to speaking; and also from our plan being as yet imperfectly con- ceived; and because we may possibly be in a situation to attain the glory of introducing it ourselves. However, to put those whose eyes are still bandaged in the right direction to grope for it, we will refer them to the study of Franklin, who fortunately could not make a speech, yet not only enjoyed great influence from his wisdom, but produced most powerful effects on assemblies by the mode of illustration he adopted. Let them reflect on this subject, and see if they cannot invent a new style of persuasion, introduce a very eloquent if not oratorical method, and cause the abandonment of effete, exhausted prac- tice. If none of them will take advantage of these suggestions, we shall be half tempted, from patriotic motives, to make the reformation ourselves; and, should we succeed, we should wish no higher claim to gratitude, than to have it inscribed on our tablet,IIe reformed the congressional mode of debating, so that it was compressed into one fourth of the space it formerly oc- cupied. ART. VIII. Lettres sur 1slngleterre; par le BARON DE STAEL~. HOLsTEIN. Svo. pp. 428. Paris. 1825. THE author of this work is the son of the celebrated female writer, with whose name we have so often had occasion to adorn our pages, and whose premature loss we so lately regret- ted. With her illustrious title, he seems also to have inherit- ed some of her most valuable qualities, and exhibits already

De Stael's Letters on England 163-197

1828.] Do Sta~Ps Letters on England. 168 to learn, like Molii~res Bourgeois Gentilliomme, that in these labored discussions they have been most sadly prosing all the time. We have already hinted at some mechanical checks, which i~ is in the power of the printers to interpose in behalf of the na- tion. But we have an idea, that whenever some oNginal mind with adequate talent and sagacity, takes up this subject, that a great and favorable change may be produced by striking out an entirely different course, and MAdamizing the worn~. out, jolting path. We cannot go further now than throw out the hint, from the fear of being tiresome, a quality, which reviewers should bear in mind is not confined to speaking; and also from our plan being as yet imperfectly con- ceived; and because we may possibly be in a situation to attain the glory of introducing it ourselves. However, to put those whose eyes are still bandaged in the right direction to grope for it, we will refer them to the study of Franklin, who fortunately could not make a speech, yet not only enjoyed great influence from his wisdom, but produced most powerful effects on assemblies by the mode of illustration he adopted. Let them reflect on this subject, and see if they cannot invent a new style of persuasion, introduce a very eloquent if not oratorical method, and cause the abandonment of effete, exhausted prac- tice. If none of them will take advantage of these suggestions, we shall be half tempted, from patriotic motives, to make the reformation ourselves; and, should we succeed, we should wish no higher claim to gratitude, than to have it inscribed on our tablet,IIe reformed the congressional mode of debating, so that it was compressed into one fourth of the space it formerly oc- cupied. ART. VIII. Lettres sur 1slngleterre; par le BARON DE STAEL~. HOLsTEIN. Svo. pp. 428. Paris. 1825. THE author of this work is the son of the celebrated female writer, with whose name we have so often had occasion to adorn our pages, and whose premature loss we so lately regret- ted. With her illustrious title, he seems also to have inherit- ed some of her most valuable qualities, and exhibits already 164 De Staiils Letters on England. [Jan. the elevation of thought and feeling, the attachment to literary pursuits, and the generous passion for liberty, that so honora-. bly distinguished the daughter of Necker. Avoiding the friv- olous and merely sensual pursuits, that exclusively occupy the attention of the greater part of the young European nobility, he devotes his life and ample fortune to the cultivation of sci- ence and letters, and the encouragement of every project that tends to diffuse knowledge, promote civilization, and improve the condition of society. We may venture to add (it it be not indelicate to mention the name of a lady, who has not yet voluntarily introduced herself to the public), that his sister, the Duchess of Broglie, is not less distinguished by all the accomplishments and virtues that grace the walks of private life in its highest and most polished circles. It is known that Madame de Sta~l bestowed much attention upon the educa- tion of her children, and was fortunate enough to obtain the aid of one of the most eminent German scholars, Baron A. IV. de Schlegel, in the direction of their studies. The success, which has attended hef efforts, does great honor to her judg-. ment and maternal affection, and in general to the intellectual and moral character of all the parties. While we regard with strong disapprobation the European system of hereditary mag- istracies, we cannot but view the lineal transmission of the real nobility of nature, namely, pre~iminence in worth and tal- ent, as one of the most agreeable spectacles which the moral world affords. It seems to relieve, in some degree, the dis- tress with which every benevolent mind must be affected, by observing how much immorality and even gross depravity are almost unavoidably produced by the influence, that vicious parents necessarily exercise over the character of their off- spring. Baron de Staiil was advantageously known to the literary world, before the publication of the present work, by several political pamphlets, and by an edition of the works of Necker, with a life by himself. The Letters on England are, we believe, the first independent essay of much extent that has proceeded from his pen; Without pretending to the character of an elaborate and standard production, it has nevertheless merits of a high order, and affords a fair promise of what may be expected from the maturer labors of the author, should he continueas we trust he will, and as his illustrious mother and grandfather did before himto cultivate the field of letters with increasing 1828.] De Sta~i1s Letters on England. 165 zeal and assiduity, as he advances in years. The present work is in substance a series of political and philosophical essays on the theory and practice of the British government; and belongs of course to a class of writings, which, when executed with a talent corresponding to their importance, rise above the level of ordinary travels. The author displays throughout a thorough and intimate acquaintance with hi~ subject, as well as a wide investigation of others that are nat- urally connected with it, together with the rare endowments of a power of original thought, and a truly liberal and philo- sophic temper. The style is pure, unaffected, and simply elegant. it has little or none of the warm poetical coloring that illuminated, sometimes to excess, the pages of the author of Corinna. The genius of the son may perhaps, in this re- spect, be different from that of the mother; or he may possi-. bly have considered an attempt at rhetorical beauty of lan- guage, as inconsistent with the sober discussion of the gravest subjects, which forms the staple of the work, and may reserve his flights of fancy and his words that burn, for future and more suitable occasions. It would be superfluous to enlarge at this time of day, upon the intense interest that attaches itself to every well conduct- ed inquiry into the principles of the British constitution, the great model of all the forms of free government, including our own, that have been established within the last half century in Europe and America. It is also not a little extraordinary, considering the extreme importance of the subject, as a theme of philosophical examination, that it should be still not only not exhausted, but we may almost say, unattempted. The essay of Delolme is the only one that has acquired any considerable notoriety; and this, although it has been found useful on the continent, as a sort of directory to mere external points, is en- tirely superficial, and is in fact a work of jurisprudence, rather than of politics. During the last fifty years, the attention of the British public has been constantly occupied by the con- troversies between different parties repecting the spirit and principles of the Constitution; but notwithstanding the large supply of cultivated talent that seems in that country prepared to meet, and even anticipate every demand that can be made upon it, no duly qualified pen has undertaken to settle, or rather to prevent these debates, by establishing beyond dispute the elementary truths of political science, as exemplified and 166 Dc Sta~ls Letters on England. [Jan. practised in England. This is one of the striking proofs of the neglect into which the great subject of moral philosophy, in all its departments, has now fallen, in the country of Bacon and Locke; and of the extent to which the whole mass of British intellect is occupied, in ministering to the pursuits and pleasures of merely practical life. Baron de Sta~il has not at- tempted to supply the deficiency alluded to, but has selected a few of the most interesting questions connected with the sub- ject, which he successively discusses, each in several letters. These are the state of property, and its influence on the wel- fare of the nation; the state of the press; and finally the effect of the public assemblies of various kinds that are constantly meeting for political objects, including the two houses of Par- liament among the number. In connexion with this last point, the author exa mines the question of parliamentary reform, and the peculiar opinions of the Whigs and Radicals respecting it. We shall briefly review his remarks upon each of these topics, interspersing occasionally such observations of our own, as may be suggested by them. In one or two letters, which serve as a sort of introduction to the rest, Baron de Stai34 touches on the difficulties that at- tend an inquiry into the principles of the British government, and notices particularly the singular fact alluded to above, of the exclusively practical character that distinguishes all the de~ bates and other political discussions of every description, writ- ten or verbal. We are tempted to quote a part of his remarks on this head, as they tend to confirm our own opinion, and illustrate what we think a curious feature in the present moral aspect of the mother country. Our author contrasts, in this respect, the habits of the British statesmen with those of the French, who are perhaps too much accustomed to indulge in general inquiries, especially in connexion with the practical despatch of business. Our philosophical writers and speakers, says the Baron, rise to loftier heights of speculation, and lay down general principles with much more precision than those of England. I was one day reading some of our late pamphlets, most remarkable for vig- or and expansion of thought, with Sir James Mackintosh, whose philosophical reputation is too well established to require any aid from my pen, and I took the occasion to inquire what impression they made upon him. They are admirably done, replied he, but in our country we take all this for granted. In fact, what 1828.1 Do Sta~ils Letters on England. 167 is still problematical with us, is reduced to axioms with the Eng- lish; and they employ in acting, the time which we spend in de-. monstrating or teaching. This is an immense advantage which they have over us, for axioms or settled principles may be turned to account by any one; while very few persons are able to un- derstand a demonstration, and profit by the truth which results from it. If a shipmaster were obliged, before e could take an altitude, to settle the principles of trigonometry and astronomy employed in that operation, and make them out to the satisfaction of his men, instead of using rules that are previously prepared, he would very probably run his vessel ashore. Now political forms, and the habits created by them, are the rules of the science of government. They should doubtless he constructed on sound theoretical principles; but when this has once been done, it is a loss of time to be always engaged in tracing them to their sources. Nevertheless, the respect for existing forms may be car- ried too far, and without meaning to deny the superiority of the English over us in this respect, it is certain that they fall, to a greater or less extent, into this error. I was a witness myself of something of the kind that occurred in a debate in the House of Commons, in the year 1822, upon a motion made by Mr Canning to allow the Catholic Peers to take their seats in the House of Lords, from which, as is well known, they have been excluded ever since the real or pretended Popish Plot. This motion succeeded with the Commons, but failed in the House of Peers, after a very remarkable discussion. I had the good fortune to be present on this occasion, and have rarely en- joyed a higher intellectual entertainment. All the principal Peers of both parties, including the Lord Chancellor, Lord Liverpool, Lords Grey, Holland, Grenville, and others, took a part in the de.. bate. The avowed object of the motion was to prepare the way for the emancipation of the Catholics; and this was the ground on which it was sustained by its friends and attacked by its ene- mies. It was therefore, as I thought, natural to expect that the debate would have turned, in a great measure, on general princi- ples. Instead of this, they were not mentioned; nobody once thought of such a thing. The immediate practical effects of the measure proposed, occupied exclusively the attention of the ora- tors and of the public. It may be said, no doubt, that the general principles belonging to the inquiry had been exhausted by seven- teen years of continual discussion; and also that it was the poli- cy of the friends of the motion to limit the range of the debate as much as possible; but after making all proper allowance for these circumstances, I cannot but think that my remark is in the main correct. Lord Holland exhibited on this occasion the union of close rea 168 Dc Sta~ils Letters on England. [Jan. soning and warm feeling, that belongs, as it were, by consangui- nity, to the nephew of Fox. But in this speech, which, as I am told, approached very near to the most successful efforts of his illustrious uncle, his only object was to establish, by reference to the history of the period, the absurdity of the evidence on which a decision had b en taken against the Catholic Peers. Though familiar with the iighest questions in political and moral philos- ophy, he never once thought of touching upon them in debate. The Lord Chancellors speech was not less remarkable in this respect. The proposition on which he founded his conclusions, was simply this. If the Protestant religion cease to be the domi- nant one in Great Britain, the Catholic will of course become so. It was easy to see, by the energy and warmth of his manner, that he was perfectly sincere in the opinion. This profound law- yer, who had grown gray in the practical business of legislation and administration, had never once conceived the notion, that it was possible for a government to exist without an established religion. Suppose now the same question tobe debated in one of the French Chambers; and there cannot be a doubt that the leading topics would be, liberty of conscience, the nature of the relation be- tween Church and State, and the general principles that re- commend religious toleration. It is equally certain, that under circumstances at all favorable, the public feeling would be strong- ly. engaged; and thus far the advantage is perhaps on our side~ But these discussions, however able, would have produced only a transient effect. The question might have been carried; but whenever the tide of public opinion or of ministerial influence should have happened to set the other way, it would have been lost again with equal promptitude. In England old opinions are more firmly established, and attempts at innovation are met by a stronger resistance; but when a victory is once gained, it is gain- ed forever. Our readers, we think, will be struck with the general cor- rectness, in point of fact, of these remarks, upon the style of parliamentary discussion in England. The debate that took place last spring in the House of Commons, upon the same question of Catholic emancipation, afforded another singular exemplification of their substantial truth. There was certainly no want of ability in the principal speakers on both sides. Mr Canning, Sir John Copley (the present Lord Chancellor), and Mr Peel are orators and statesmen, of whom any country might well be proud; and their speeches on this occasion were not inferior to their just renown; but were still con- 1828.] De Sta~Ils Letters on England. 169 ceived in all respects on the common model of British elo.. quence. No attempt was made by any one to settle the gen- eral principles of toleration and of the natural relation between religion and government, or to arrive at a decision of the ques- tion by the aid of any great elementary truth, of which the admission should supersede all controversies about minor points. The debate turned wholly upon the direct and prac- tical effects likely to result from the adoption or rejection of the measure proposed. The tone of discussion corresponded with the substance; and instead of putting on the serious air which would probably accompany a more regular examination of the theory of these great points, the orators indulged with perfect freedom in bursts of petulence, and in sallies of pleas- antry, approaching to buffoonery. Mr Canning and Sir John Copley nearly came to a personal altercation; and the former entertained his audience with much excellent wit about the Popes bulls, which were supposed to be roaming at large about the country, to the great danger of His Majestys loyal subjects, but which he was not afraid to take by the horns. Rapturous cheers, accompanied by hearty and unanimous laughter, attested the success of this appeal to the good nature of a British Senate; and a stranger who had entered the hall at the moment, would hardly have suspected, from the aspect of the audience, the nature of the question in debate. The Catos of the House might perhaps have repeated with more than equal propriety, the sarcastic remark of their Roman prototype upon Cicero Qudm ridiculum kabemus Consulem! But these are accidental matters of little moment, and we cordialJy agree with our author ia approving the practical character of the debates in the British parliament, and prefer- ring it to the more scientific and theoretical one which marks those of the French chambers. It is in fact irnpossihle to dis- cuss general principles with impartiality and coolness, in con- nexion with practical questions, involving immediate interests of great importance; and the effect of attempting it is merely to vitiate the public opinion respecting the principles, without altering in any way the decision of the point in dispute. It is possible, for instance, that the present mode of electing the president of the United States, may be susceptible of improve~ ment; but it is evident, that in order to be decided upon its mer- its, the question should be considered without reference to the circumstances of any particular contest, or tc~ the preferenc~ VOL. xxVI.NO. 58. 22 170 Be Stads Letters on England. [Jan. that individuals may feel for any particular candidate for the office. Whenever it may be taken up, as it has been twice in the short period of our political history, under the excitement of a recent election, it will of course be decided, as it was in both those cases, by the momentary party feelings and interests of the members of Congress; and it will be fortunate for the country, if the decisions made under such circumstances shall always be, as on the second occasion, against innovation. But while we agree with our author in his preference for a practical and matter-of-fact style of parliamentary debate, we also think with him, that the leading British orators, and we may add, those of our our country, might recur with advan- tage, more frequently than they do, to general principles, not a& questions to be discussed, but as axioms or settled elementary truths. To acquire a familiarity with the theory of political science, is (or should be) a part of the discipline of practical statesmen; and if all or most of those who assume this char- acter, were as fully prepared for the discharge of its duties as might be wished, the most important principles would be agreed upon among them by common consent. Unfortunately, the aids necessary for the acquisition of such an education are al- most wholly wanting both in England and the United States. The science of government, and even history, which forms its natural complement, are nearly overlooked in the usual routine of collegiate and professional studies; and most of our statesmen e~i- ter the halls of Congress and of the state legislatures, unprovided with any other notions on the great subjects of politics, ethics, political economy, and history, ancient and modern, excepting such as they have picked up by chance in their leisure read- ing. How then can they recur with precision and certainty, upon each particular question, to the appropriate general truth, which ought to govern the debate, and would in most cases supersede it? Lord Holland may be, as Baron de Stad as- sures us that he is, familiar with moral and political philosophy, and may avoid recurring to principles from habit or compli- ance with the prevalent taste; but with most practical states- men, the reason lies in their want of acquaintance with the principles. This defect can only be remedied by a change in our sys- tem of public education; and we are happy to perceive a pret~- ty strong tendency towards an improvement of this kind, al- ready exhibiting itself in several parts of our country. The 1828.1 .De Stai~ls Letters on England. 171 professorships of political economy lately established in some of our colleges will effect much real good; and we cannot but hope that our venerable Alma Mater at Cambridge will not, in this respect, fall behind her younger sisters. The magnifi. cent donation of Mr Gore will afford the means of establishing one or two foundations; and we should be highly gratified to see a part of it appropriated in this way. it is really singular that while we have had double and triple professorships for most of the branches of physical science, and for dead languages, of less direct utility, we have had only half a one for the vast field of politics, and ethics, and political economy, and none at afl for his- tory. Of these subjects, the last is left entirely to the tutors, and less insisted on than any other branch of study. We make not These remarks in the spirit of cavil, but in that of friendly sug- gestion; and we trust that they will be received as proceeding from warm friends and sincere well-wishers of the College. But we have much matter and little space before us, and must hurry away from these interesting topics. The state of property in England, and its influence on the political and economical condition of the people, are treated by our author at considerable length. We hardly know how to dispose of this vast subject in two or three paragraphs; but must nevertheless be indulged in a few hasty notes. This is almost the only point upon which the opinions of M. de Staiil differ decidedly from those which prevail in England. He is a declared partisan of the system of an equal division of estates among all the children upon the death of the proprie- tor; while the law of primogeniture, by which all real estates pass to the eldest son, is established in England, as our rea- ders are aware, to a greater extent than in any other part of the world. This principle is in fact in the mother country, the common law that regulates the descent of landed property; while in most other countries, as for instance in Spain, it forms an exception, though one of extensive application, to the general rule. In Spain, landed estates are equally distributed among the children of the proprietor, excepting when they are tied up by an entail, or, as it is called there, a mayorazg6; but as this is uniformly the case with the immense possessions of the grandees, and as those of the clergy are unalienable, it follows that nearly the whole of the land is kept out of the common market, as in England. lie Sta~ils Letters on England. [Jan. It is generally acknowledged that the Spanish grandees are intellectually and morally the most degraded and imbecile body of nobility in Europe; while the British aristocracy, whatever may be their defects, are commonly reckoned, as a class, superior to any other. Our author touches this point, and endeavors to account for the difference. In England, he ohserves, nobility, far from being exclusively hereditary, is accessible to every one who is worthy of it, and is open to all on the principle of fair competition. The public opinion of a free people is also more effective in stimulating the faculties than the soporific~ influence of hereditary wealth and fortune in destroying them. The first of these reasons is, we think, or little weight. Nobility is not less accessible in other countries than it is in England. The king of Spain creates as many grandees and Titulos de Castilla as the king of Great Britain does marquesses and earls; and the only difference is, that in the former case, titles are generally obtained by mere intrigue, while in the latter they are more frequently the reward of ace. tual merit. The cause of this diversity is the power exercised in En~. gland by public opinion over the movements of the king and his ministers; so that this same wholesome control, which the Baron assigns as the second reason for the superiority of the British aristocracy, is in fact the only one. After all, we are inclined to think him (partially at least) mistaken in the fact; and if it he generally allowed that the British aristocracy, as a class, is superior to any other, it is, we apprehend, because it always regularly contains a large proportion of members who do not properly belong to it as such, but have been placed in it by the government (acting in obedience to public opinion), in acknowledgment of the eminent qualities which they had dis.. played in another. If at any given moment we survey the list of the British House of Lords for the time being, we shall find that most of the members of it, who are in any way distinguish.. ed for worth or talent, have either been created peers them- selves, or were born and educated hefore their fathers had risen to rank and opulence. Within our time, for example, the late and the present Lord Chancellor, the two Liverpools, father and son, Lords Grey, Grenville, Redesdale, Lauderdale, Erskine, Thurlow, & c. were all titled commoners. The illus- trious Wellesley family, though technically noble, was a poor twd decayed branch of the Irish aristocracy. Lord Byron 1828.] De Stads Letters on England. 173 came to his title and fortune by accident. In all these cases, the aristocratic principle had no room to operate; and we rather suppose, that on a fair examination, it would be found that the bon6 fide British nobility is not much better than that of the Continent. Do we see the descendants of Warwickand Marlborough leading on the British armies to victory? or those of Oxford and Bolingbroke pre~minent in council or in parlia- ment? Are the Shaftesburys, Verulams, and Boyles of our own day, like their illustrious ancestors,the lights and benefac- tors of the age? Is it possible to point out a single person of this or any former period, who has felt the full influence of he- reditary rank and fortune, and who is in any way distinguished for high intellectual and moral excellence? Should it even be practicable on an accurate research to indicate a few excep- tions, the general rule will hardly, we think, be denied. The effect of the aristocratic principle, of which the law of primo- geniture is the essential feature, upon the persons immediately subject to its influence, is, therefore, the same in England as it is elsewhere; that is, ruinous to every valuable quality of mind and heart; and the exception, which M. de Sta~l is disposed to make in favor of the British nobility, is, we fear, grounded either in personal partialities, or in a failure to dis- criminate between peers of new and old creation. The economical effect of the law of primogeniture is another question on which the public opinion of Europe is much divid- ed. Our author adopts decidedly the liberal sentiment; and holds that an equal division of estates among the children of the owner, has the happiest influence on the wealth of individ- uals and of the nation. He states some facts in regard to the extent to which the subdivision of the land has been carried in the neighborhood of his own castle of Copet in Switzerland, that we think curious. The estate of Copet is situated in a part of French Switzer- land, which was prepared for liberty by the protestant religion, by the general diffusion of knowledge, and by the paternal, if not enlightened, government of Berne; and which now enjoys in qui- et happiness the blessings of independence. The land around my estate is generally subdivided to such an extent, that most of the farms contain less than an acre. I can venture, notwithstanding, to affirm that no part of Europe exhibits an appearance of equal prosperity. Not only is there no excess of population, but the rate of wages is actually higher than in any other country on the 174 De Staiils Letters on England. [Jan. Continent. The benevolent can hardly find objects on which to exercise their charity; and the few distressed persons who grate- fully receive such assistance as is offered them with kindness, would disdainfully refuse it if proposed with the least affectation of superiority. The poor exhibit no jealousy of the better for- tunes of the rich, nor is there either base servility on the one side, or lofty arrogance on the other. No false pride deters any one from embracing any useful profession. All are independent and happy. This is indeed a charming picture, and it is the more re- markable, since the subdivision of the land has been pushed in this instance, to an extent which we should have thought un~ natural and inconvenient. We see not, in fact bow a family can subsist upon the product of less than an acre. The value of a peck of wheat a day is considered as the ordinary wages necessary for the support of a laborer in England; and if we make the large estimate of forty bushels of wheat to an acre, and allow nothing for seed for the next year, the number of pecks will still be only one hundred and sixty, which is less than half the quantity required. If the Barons representation be strictly correct, it will necessarily follow that all these fami- lies have some other resource besides the cultivation of their little peculium; and in that case it is evident, that the division of estates has been carried to an inconvenient extent, since it counteracts the great and beneficial principle of the division of labor. Of ten or twelve neighboring families, it is better for the comfort and happiness of all, that a part should raise agri- cultural products for the common support, and the rest pro- duce something else to be given in exchange for them, than that each should raise half its own grain, and also produce something else wherewith to purchase the other half, and such other articles as are wanted at the nearest market. We call this extreme subdivision of the land unnatural, as well as incon- venient; for when the estate of a deceased proprietor is so small, that, if divided among all his children, the portions would not be sufficiently large to support a family comfortably, it seems to us more natural that an arrangement should be made, by the effect of which one of the heirs should receive the land, and should pay to the rest an equivalent for their shares in money. Such, we believe, is the common mode of proceeding in this country, nor are we aware, notwithstaiiding the length of time that the law of equal partition has been in force among us, 1828.] De Sta~ls Letters on England. 175 that it has ever produced any inconvenience of the kind here specified. We agree entirely with our author in regard to the economi- cal operation of the two systems, and consider that of equal partition, as every way much more favorable to the wealth and happiness of society. The tendency of it is to bring more land into cultivation, and thus to increase the number of inhab- itants on a given territory; while at the same time it improves their condition, economical and moral. The hereditary pro- prietor of a very large landed estate, like those that are found in all parts of the continent of Europe, is of course by the ef- fect of his social position, education, and habits, a man of plea- sure, rather than business. His affairs are badly managed by stewards and attorneys, and his immense resources are turned to no account. Such is the case with nearly all the Spanish grandees, most of whom, with whole provinces in their posses- sion, are in want of money to pay their tradesmen and servants. When estates are managed in this way, large portions of them remain uncultivated; other tracts of great extent are convert- ed into forests, parks, and pleasure grounds, and it is only upon the remainder that the industry of the people is really employed. Thus the number of agricultural laborers who would otherwise be kept at work, is greatly reduced, and pop- ulation proportionally diminished. The few that find employ- inent, having no property in the land, and lying wholly at the mercy of the owner, are generally found in a wretched condi- tion; and in all the less improved parts of Europe, are in a state of actual slavery. Such, we believe, to be the natural effect of this system, because we find it taking place almost universally wherever the system prevails. Strong moral and political causes may no doubt counteract its injurious influence, as they do in Eng- land; where the extraordinary activity with which the princi- ple of liberty has inspired every branch of industry, has so far remedied the evils that result from the law of primogeniture, that the land, though held in very large estates, is better culti vated than in any other part of Europe; and where the actual cultivators, although they have only a temporary interest in the soil, are nevertheless nearly or quite as independent, enlight- ened, and moral, as the small freeholders of our own country. Every view that can be taken of the condition of man in all its varieties, brings us back to the conclusion that liberty, secured 176 De Sta~ls Letters on England. [Jan. and regulated by wise laws, is the exclusive principle of indi- vidual and national prosperity; and that where it has opportu- nity to work out its full effect, it is powerful enough to purge off almost every element of evil. The late Lord Londonderry, was accustomed to assure his continental brother ministers, in the effusions of diplomatic confidence, that he did not consider the liberal features of the British constitution, as the best parts of it. With all proper deference to his lordships judgment, we must express the belief, that he was entirely mistaken on this point; that these principles are not only the best parts of that constitution, and the direct sources of all the good that is enjoyed under its protection, but that they are also the power- ful antidotes which serve, in part, to correct the poison of certain other principles, more agreeable, perhaps, to Lord Lon-. donderrys taste, but which, if left unchecked to their natural operation, would very soon depopulate, impoverish, and com- pletely ruin the country. Without the general influence of freedom, Kent would very shortly be as Castile, and Liver- pool as Cadiz, in spite of all the leather and prunella, that grace the persons of the lords and their ladies, on a coronation day~ This. consideration brings us very naturally to the state of the press, which is the next great topic taken up by our author. On this swbject, as on all the others treated in the work, the opinions of M. de Sta~l, are decidedly liberal. He takes for granted the expediency of a free press, and indeed its absolute necessity to the existence of free government. His remarks on the character and circulation of the British periodical works, and of their value, as compared with those of France, will be found interesting by our readers. The periodical press is, in all countries, one of the most im- portant results of modern civilization; but it nowhere forms s~ essential an ingredient in the organization of society, as in Eng- land and the United States. In other countries, the newpapers are a powerful engine, wielded alternately by the government, and the various political parties; but in the two just mentioned they are the indispensable agent for every species of social com- munication. There are few villages in England, where the newspaper is not regarded as a necessary of life; and I am as- sured, that in America, domestics often make it a condition in their engagement, that they shall be allowed to read such as are taken in by the family. [Qucere de hoc.] But even in England, 1828] De Sta~ils Letters on England. 177 the circle of readers is comparatively much larger than with us. It is computed that there are about a thousand circulating libraries in the kingdom, and more than three hundred book-clubs, a well imagined institution, that might be introduced with profit among us. The number of newspapers has quadrupled within forty years. In 178~2, it was estimated at seventy-nine, and in 1S~1, in a report made to the House of Commons, at two hundred and eighty-four. With the exception of The Observer, a weekly pa- per, none of these journals (which are all much dearer than those of France) have as many subscribers as the Constitutionel, or the Journal des Debats. Even The Times, which has now a larger circulation than any other daily paper, does not print more than eight or ten thousand copies, but each passes through many more hands than with us. The writers in these journals, are obliged in consequence, to accommodate their language, in some degree, to the popular taste; and often employ a familiar and even coarse phraseology, in order to please the lower classes. When I took charge of The North Briton, said the noted John Wilkes, I found it in the hands of Churchill and Lloyd, who were men of taste and wit. I soon saw that this would not answer; and giv- ing up all pretensions to elegance of atyle, I began to cry out with all my might, Down with the Scotchman! Down with the Scotch- man! In this way, I pretty soon despatched Lord Bute. In fact, the great power of a newspaper consists in the repetition of simple and familiar arguments. In England this power is im- mense, and is constantly increasing. It is the more formidable, in as much as the editors are generally dissatisfied with their posi- tion. There is in fact, no proportion between their standing in society, and the power they exercise. In the United States, their influence is still greater ; and such is the terror they inspire, that many persons are deterred by it, from engaging in political life. Though warmly attached to liberty, they apprehend either on their own account, or that of their friends, the torrent of invective, that is poured upon all public characters by the journals of the opposite party. The French are perhaps better fitted by their peculiar intel- lectual character, than almost any other nation, for the publica- tion of newspapers, a branch of literature, that requires the power of quick observation, lively repartee, and rapid, perspicu- ous narrative. It is also certain, although our legislation on ths subject is extremely vicious, and although we have enjoyed the liberty of the press only for a few short periods, that much talent has been exhibited among us, in this form. I seldom open one of our journals, without being struck with the elegance of the style, and the correctness of the reasoning; and I have met with many Englishmen, who have also admitted their great merit, VOL. XxvI.-.--NO. ~S. 23 De Staiils Letters on England. [Jan. with apparent surprise that a Frenchman should be able to do so well. But our editors have nevertheless adopted an unfortunate plan in conducting their papers, and have introduced the division of labor where it is not only useless, but injurious. With us the political and literary news is separated from the advertisements and law reports. Now very few persons can afford to subscribe for several different journals, although they may be all more or less interesting to the public; and it thus happens that each class of readers remains in ignorance of all such matters as do not come within the range of his own immediate pursuits. The provincial manufacturer is not informed of the progress of the arts at Paris and elsewhere ; while the Parisian capitalist is unacquainted with the economical situation of the provinces. The decisions of our six and twenty Royal Tribunals are unknown to all but the officers of court, although a more extensive publication of them might very probably produce much practical benefit. A British newspaper, on the other hand, is a sort of microcosm, and dis- plays, in miniature, a view of the whole circle of interesting contemporary events. You find there every day the debates in Parliament, reports of the proceedings in all the courts, not only such as are likely to excite particular curiosity, but in all cases, civil and criminal. Speeches delivered at political meetings and assemblies for various purposes, religious, philanthropic, and commercial, at the sessions of the East India Company, and of the Common Council of London, and other important corpora- tions ;all are published in the newspapers. Through this chan- nel, the government makes known the conditions of its contracts, the candidate for Parliament solicits the votes of the electors, and thanks his friends for their exertions; rivals, of all sorts, publish their respective pretensions. Fhe ~births, marriages, and deaths of persons of any note, their arrivals and departures, the enter- tainments they give; in short, the most trifling circumstances of their lives are all known and printed. The whole kingdom seems to resemble the glass house of the Roman philosopher. Literature is, however, almost entirely excluded from the British newspapers, rind, in my opinion, not without good reasons. Within the small compass afforded by a daily paper, literary criti- cism~ must be, of necessity, superficial and frivolous. If the critic aim at gravity, and attempt to sound the depths of thought, he becomes pedantic and stiW and seems to be out of place, like a learned professor at a convivial party. Facts, and a very few reflections upon them, are what the British public requires, with reason, of the journalists. It looks to more extensive publica- tions, appearing at longer intervals, such as the Edinburgh and Quarterly Reviews, for instruction in science and philosophy. 179 1828.] Be Staiils Letters on England. There is much good sense in these observations, and we cordially assent to most of them. We rather doubt, however, the justice of the preference which M. de Stad gives to the English mode of conducting a newspaper, over the French. What is the model of a first-rate daily paper, is, we think, a question of high importance, and one which is not yet satisfac- torily solved. Newspapers are, in fact, rather a late invention. They attracted but little attention, till within the last halfcen- tury, and it is hardly probable, that their forni has already attained perfection. There is room to suppose, that expe- rience will, in the course of years, suggest various improve- ments upon the now e~dsting fashions. As at present advised, we incline to regard the French model as the best in use. We see not why the wholesome principle of the division of labor, should not have as good an effect in this department of indus- try, as it confessedly has in most others; nor do we understand very clearly the advantage that results from spreading out be- fore the mass of readers, the endless columns of advertisements, which occupy more than half the space in a British newspa- per, and three quarters in one of ours, and which the mass of readers most assuredly never think of looking at. If in each of our principal cities, as at Paris, a single journal were devot- ed exclusively to advertisements of all kinds~ to the exclusion of other matter, and the usage of employing the political papers for this purpose, were abandoned, the expense of advertising would be greatly reduced, because it would then be only necessary to do it in one paper, instead of ten or twelve. The present system leads to a great waste of capital; but a still more unfavorahle effect resulting from it, is the excessive multiplication of newspapers, and the consequent degradation of the political and literary character of all. If the advertise- ments were published in a separate form, the political papers would depend wholly for success on the talent of their editors and writers. None could exist excepting such as were con- ducted by persons of respectable powers and good education, because no others would obtain readers. In this case, there would probably be in each of our chief cities, besides the ad- vertising journal, at most two or three political ones, represent- ing the views of different parties. These would all he well written, and enjoying the whole patronage which is now divid- ed among a much greater number, would afford sufficient profits. At present, the quality of the literary and political matter is a 180 Dc Sta~ils Letters on England. [Jan. point of secondary Concern, as respects the profits of the es- tablishment, which result almost wholly from the advertise- ments. The necessary consequence is, that it is comparative- ly neglected in almost all the journals, both here and in Eng- land. In France, on the contrary, where the other system prevails, tha best and most brilliant pens in the capital are en- gaged in providing matter for the daily papers. We could mention a writer who has, within a few months, been received into the French Academy, solely on account of the merit of his literary articles published in the Journal des Debats. Constant, Chateaubriand, Bonald, K~ratry, ~tienne, Michaud, Devaux, and others, who are either editors of journals, or ha- bitual contributors to them, are among the first names in con- temporary literature. In England, there are few if any ex- amples of newspapers edited by persons of eminent literary reputation; and the writing in most of them is of a very ordi- nary stamp. It is rumored that Time Times has fallen into the hands of the poet Moore; and if this be true, we may expect some improvement in the style, which has hitherto been ex- tremely coarse. As respects literary execution, we may claim perhaps in this country some advantage over the British. Our eminent statesmen and good writers have always been more inthe habit of communicating with the public in this way, than theirs. With the exception of the letters of Junius, we recollect no series of valuable political articles that have ever appeared in England in jthis form; while our newspapers have been con- stantly enriched with the treasures of the first minds in the country, from the time of .Novanglus and .lliliassachusettensis down to that of Fisher Ames, and so on to the present day. Our editorial corps has also generally contained, with a large mixture of alloy, a considerable portion of truly precious met- al. It comprises at this moment some of our most distinguish- ed literary characters, and could lately boast, in addition to its present list, the name of the accomplished and lamented Haven, who for, several years conducted The Portsmouth Journal with the highest credit to himself, and to the signal advantage of the public. We cannot agree with Baron de Sta~il, in thinking that literary matter is better excluded from the daily papers. When good (as it must he of course, to be useful or agreeable any- where, anc[ as it is habitually in the French Journals), we are 1828.] De Staiils Letters on England. 181 of opinion that it is not oniy not out of place, but that its in- troduction has the happiest effect, both intellectual and moral. It conveys much valuable knowledge to rnaiiy persons who are not accustomed to read hooks or formal reviews; and what is perhaps of still higher moment, it gives to the journals a tone of humanity, politeness, and civilization ;Emollit mores, nec emit esse feros. It tempers the ferocious party spirit which is apt to embitter their whole substance, and makes them channels of sometbing else besides hard words and angry feelings. For these reasons, we have seen with much satis- faction some of the most accredited papers in the country, such as the New-York American and the National Gazette, habitually filling a part of their columns with interesting and instructive selections from foreign publications of a literary cast. We shall be still better pleased when the state of the press and of the public patronage shall enable our editors to enlist in their service the ablest writers of our own country, and to present us with the rich original fruits of native genius. It is generally believed that the polish, good humor, and fine feeling of The Spectator had much effect in subduing the viru- lence of party spirit in Great Britain ; and we have little doubt that an ample infusion of well written literary matter into the daily papers, would exercise an equally auspicious influence in this country, where, no one will deny, Uie corrective is at least as much wanted. The immense size of the British newspapers, and tbeir su- periority in this respect over those of the continent, are con- stant themes of exultation and triumph with their editors; and many an excellent joke is daily cracked by them upon the puny and diminutive constitution of their foreign rivals. In point of fact, however, if we look into the reason of this differ- ence, it does not appear to be greatly to the advantage of the British, as it is owing wholly to the enormous stamp duty im- posed upon them by the government. This makes it impos- sible to sustain a paper upon the strength of the subscription money, and has led of necessity to the admission of advertise- ments, to the expansion of the size of the sheet, in order to make room for them, and to the comparative neglect of the literary and political execution of the matter, which, as we have shown above, naturally results from these circumstances. Thus these very features in an English journal, which Baron de Stad so ingeniously justifies in theory, and of which the 182 De Stads Letters on England. [Jan. editors are so vain, are neither more nor less than badges of subjection to an unexampled and intolerable excess of taxa- tion. With us, where there is no stamp duty, the same fea- tures are a mere imitation of the British usage, and this is one among many other singular cases (as for example, the general consumption of Portuguese and Spanish, instead of French wine), in which we continue voluntarily to wear the trammels of colonial dependence, while we are boasting so loudly of having shaken them entirely off. In order to effect the im- provement we have suggested, it is duly necessary for some enterprising editor in each of our great cities, who enjoys a good share of advertising patronage, (with the consent of his patrons, who would find a great economy in the change) to sepa- rate his establishment into two parts; one devoted exclusively to advertising, and the other to political and literary intelligence. Each, if judiciously conducted, must of course prosper. Of the other journals, the feebler would be soon discontinued; and the few that subsisted, would be compelled, in self-defence, to copy the new model, and would become exclusively politi- ical and literary. We freely offer the benefit of this plan (which would prove a mine of wealth, if skilfully reduced to practice) to any of our editorial friends, who may think prop- er to work upon it; and must now hasten to follow our author in his farthur speculations on the state of England. The next topics to which he adverts, are the various assem- blies that are held for political purposes, including the two Houses of Parliament. In common with these, he touches on the great question of parliamentary reform, and enters at some length into a developement of the respective opinions of the Whigs and Radicals concerning it. This inquiry closes the volume. Baron de Sta~ils observations on these subjects, which are generally very correct and judicious, are probably newer and more interesting to the French public than to us; since in most of the particulars he notices, our institutions and customs so nearly resemble those of England, that a descrip- tion of the latter is merely a picture of what we see every day passing before our eyes. The most amusing passage is the account of a meeting held at Maidstone, in Kent, at which our author was present, and where the notorious Cobbett succeed- ed in defeating the Whigs upon their own ground. We re- collect reading at the time, in the newspapers, a report of the proceedings, but have nevertheless been much entertained with the Barons more succinct narrative, which is as follows. 1828.] De & a~ls Letters on England. 183 The meeting to which I allude; says our author, was held in the county of Kent, one of the most extensive, wealthy, and pop- ulous in England. The inhabitants, in the pride of certain an- cient privileges belonging to them as such, generally call them- selves the men of Kent. The place of meeting was the city of Maidstone, thirty-five miles from London. I set off to attend it early in the morning in company with several wealthy Whig land- holders, with whom I have the honor of being acquainted. We passed through a most flourishing tract of country. On the road, my companions were uniformly treated with the respect which is regu- larly paid by all classes in England to such noblemen as are at all distinguished for merit and talent. As we appr~ached Maidstone, we encountered large numbers of freeholders and farmers repair- ing to the meeting, mostly on horseback; for with all the supposed distress of the country, there was hardly a farmer who did not keep one or two horses for his personal use. We alighted at the tavern, where we found a number of the most considerable persons of the county already in consultation on the subject of the meeting. A draft of a petition had been made the evening before, which set forth the distresses of the agricultural class, and demanded a reduction of the taxes, and the adoption of measures for raising the price of grain, and withal a reform of Parliament, as the only remedy for the standing diseases of the state. The draft appear- ed well fitted to satisfy the most democratic taste. It was fully discussed, and after several amendments had been made, it was agreed that it should be submitted the next day to the consider- ation of the meeting, when it was anticipated that it would ~ unanimously adopted. At the hour appointed, we repaired to the market-place. As it was a market-day, several thousands of persons were assembled, and the windows of the neighboring houses were all occupied. The tumult occasioned by the crowd, was mingl~d with the low- ing of oxen, the bleating of sheep, and the confused movements of buyers and sellers. The people were pressing impatiently around several carts, which were to serve as stages for the speak- ers; and on one of which, two pine boards were placed crosswise to support the sheriffs arm-chair. Some of the spectators mount- ed upon the wheels, others ascended a ladder and remained upon it in a most uneasy position for the purpose of hearing a little better; so intense is the taste for political discussion that pervades even the lowest classes of the British nation. I remarked, how.. ever, that with one exception, the carts remained empty, no one even of those most eager to enjoy the pleasures of the day, thought of taking possession of them, although there was no authority, military or civil, to guard them. For whom then are these places reserved 1 said I to a person at my side. For the gentlemen, 184 De Sta~Ils Letters on England. [Jan. replied he. Now who were these gentlemen? Persons who had a right to these reserved places by any special privilege,who had any visible badge about them to attest their pretensions? Far from it. The public sentiment was the only criterion; and yet in the midst of this scene of confusion, there was a full under- standing that the best places belonged to the Peers of the Realm, the Members of Parliament, the Justices of Peace, and other persons who were able, from their education and situation in life, to speak upon the business of the day, and who were collectively and concisely designated as the gentlemen. Scarcely had the gentlemen taken their places, and the sheriff opened the meeting, when the mob invaded the carts, and crowded upon and into them in such numbers, that the speakers had hardly room to move their arms. The sheriff stated the object of the meeting, and a member of Parliament representing the Whig interest of the county, then made a speech in which he enlarged upon the matter of the peti- tion, and exposed in detail, the misconduct of the ministry; and the augmentation of the taxes occasioned by ruinous and impolitic wars. He was often interrupted by thunders of applause, from ten thou.~ sand hearers. The meeting appeared to be unanimous; hut Sir Edward Knatchbull, the ministerial member for the county, though nearly alone of his opinion, thought it necessary to make some reply to the speech of his colleague. Accordingly, after a number of complimentary phrases, of which the English are as prodigal at this kind of meetings, as they are sparing in their courts of justice and in Parliament, he boldly undertook the de- fence of the ministers, who, here at least, were in a small minori- ty. his speech was listened to without applause, but still with respect and attention; and the people, as they said, were rather pleased to hear )~im express himself in a frank and manly way, an epithet which to an English ear, is strongly indicative of esteem and approbation. The petition met with no opposition, and the sheriff was about to take the question, when a voice was heard from the most crowd- ed of the carts, proposing an amendment. All eyes were now turned on this side, where a stout, gray-headed old man, with a bold, determined look, was urging himself forward from amongst his friends, and preparing to speak. This person was the noto- rious Cobbett. He was received with a general murmur of dis- approbation. Down with Gobbett! No Jacobins here! was a pretty universal cry. One of the opposition lords proposed, nevertheless, that he should he allowed a hearing. Is Cobbett a freeholder of the county 2 was then inquired on all sides; I am, replied he, in a firm tone. In that case, said the sheriff, you have a right to be heard, and it is my duty to keep order while you are 1828.] De Sta~iils Letters an England. 185 speaking. Cobbett then commenced his harangue, as nearly as I recollect, in the following manner; I see that you do not wish to hear me, and I shall therefore be brief; but I shall speak so plainly that every laboring man in this meeting will understand what I say, and, I hope, repeat it to his children. You are all crying out for reform of Parliament, as the only possible remedy for our political diseases. Now, who first proposed this remedy? Why, the Radicals, who for more than twenty years past, have been working day and night to recover the rights of which they have been robbed by a haughty aristoc- racy. What rewards have we had for it? Why, we have been insulted, imprisoned, some of us trampled under foot at Manches- ter; others compelled to quit the country. I was obliged ~o cross the ocean myselg and take refuge on Long Island, in the State of New York, to avoid a prosecution from Daddy Burdett. I have now come back, and what do I see? Why I see all the noblemen and gentlemen of this county, assembled here to pro- mote this very reform of Parliament, which they drove me out of the kingdom for proposing. Most of them I know are Whigs, and I am willing to admit that their predecessors did some ser- vice at the time of the revolution of 1688, and that they are not quite so bad themselves as the Tories and the fund-holders; but (God knows) they are bad enough. They now declaim against corruption. Why then do they continue themselves to fatten on sinecures and pensions? Why are they preaching up a reform in Parliament, while they insist upon keeping their own rotten bor- oughs, under pretext that it would not answer to give them up unless the Tories will consent to do the same? This shameful traffic cannot last much longer, and I now forewarn you, gentle- men, that you must either resign your boroughs, or lose your estates, etc. While he was delivering this exordium, standards were car- ried about among the crowd, with hand-bills pasted on them, on which Cobbetts writings were advertised in large capitals. A low murmur of approbation now ran through the audience, and the speaker, perceiving that he had made an impression, artfully took advantage of it to recapitulate in a hasty manner, the various abuses of the administration in church and state. After this, as- suming a more moderate tone, he proposed a reduction of the national debt, on the ground that it was but just that the public creditors should suffer a diminution of their own incomes, pro- portional to that which was sustained by all other classes in con- sequence of the fall in the price of grain, and the resumption of cash payments by the banks. Cobbett was followed by another of the Radical orators, who seconded the amendment in language somewhat nervous, though coarse and incorrect. Although the VOL. XXVI.NO. 58. 24 Dc Stads Letters cm England. [Jan. measure proposed amounted to a national bankruptcy, the amend- rnent was nevertheless carried by a large majority. The meeting was then dissolved, and the more respectable Whigs returned to their homes, not a little chagrined at having been defeated by a person of Cobbetts reputation and character. We look upon Cobbett as one of the remarkable men of the present time, and as affording a singular example of the extent of notoriety to which an individual may attain in Eng- land, under all possible disadvantages of birth and education by the mere effect of talent and industry; and as showing on the other hand how completely the fruits of these valuable qualities may b~ lost, for want of a small infusion of common honesty. This we take to be the real defect in the character of Cobbett. As w prose writer, he has few superiors in the language. Though familiar and popular, be ~s gene~ally pure and correct, and at times elegnnt; fiowir1?j did easy, but nevertheless ner- vous, pointed, and significant, and above all, thoroughly Eng- lish. The great literary merit of his writings, and the facility with which he produces them, together with his indefatigable activity, would have made him an invaluable coadjutor to any party with which he might have chosen to connect himself; and would have carried him to the loftiest heights of social consid- oration. In defect of principle, a tolerable share of prudence and regard for consistency would have answered nearly the same purpose. It is now somewhere about thirty years since, under the name of Peter Porcupine, he first kindled his Bush- light in the benighted regions (as he then thought them) of Philadelphia. Down with the Jacobins ! (the cry that is now raised against him) was then his own watchword; as it was about the same time that of Mr Canning, who was then just commencing his career in the same way, by the publication of a weekly paper, entitled The .flnti-Jacobin. Cannings real talent was, perhaps, inferior to that of Cobbett; his activity and industry probably less,~~hey certainly ctuld not be greater; his moral sensibility not keener than that of other persons; and his political consistency by no means proverbial; but possessing, nevertheless, a competent share of these useful qualities, he rose rapidly to the first places in the government, and finally to the highest of all, while poor Cobbett, after a long life of unremit- ted and exemplary labor, after publishing hundreds of volumes of the best and most popular composition in the language, finds himself at sixty years of age, precisely whore he set out, 1828.] Dc Stads Letters on England. 187 the editor of a weekly paper, without a friend and without a penny. Examples of this kind serve, as the poet Claudian says of the fall of some overgrown villain of his time, to acquit thG gods, and show that moral distinctions are of more practical value than some are willing to admit. After starting as the advocate of social order, against revolution and Jacohinism, and at various times, in the subsequent course of his life, defending correct principles with great power and effect (as in his letters to Lord Castlereagh, upon the grounds of our late war with Great Britain), Cobbett has been gradually sinking, step by step, in self-respect and public consideration; and ha~ been reduced, for some years past, to play the part of a sort of political buffoon, dealing out his paltry wit (now on the lees) at all parties aud persons in succession, despised and laughed at by all, from Daddy Coke~ and Daddy Burdett (to use his own phraseology), down to his ancient yoke-fellow, but now sworn enemy, Hunt; but still writing on, scribble, scribble, scribble, ~ts the Duke of Cumberland said to Gibbon, as busily and sometimes with as much power and freshness as ever, and constantly declaring himself, without reserve, the cleverest man in England. The most amusing part of Cobbetts career, is his late at- tack upon the Protestant reformation. Our readers are pro- bably aware, that he has published a series of letters on this subject, which make, when collected, two or three octavo vol- umes. These have succeeded wonderft~illy with all th~ good Catholics throughout Europe. OConnell, the famous Irish orator, upon the strength of them, pronounced Cobbett to be a fine animal. The fanatical party in France have had the work translated, and extensively circulated in that country; and even the Spanish press has relaxed from its habitual ster- ility, in favor of this precious production. Nay, the Holy Father himself has condescended to patronize so pious an un- dertaking, and has paid (unless the newapapers are grossly mistaken) for fifty thousand copies out of his own pocket. Cobhett, patronized by the Pope, is a pleasant caricature. But we must take our leave of Cobbett, and proceed with our author. Baron de Sta~il enters into a somewhat detailed examination of the sentiments of the two parties denominated Whigs and Radicals on the question of~parliamentary reform. We have not De Sta~ls Letters on Engktnd. [Jan. room to follow him in this, and the subject, though always im-~ portant in theory, has for some years past been but little agitat-. ed in England, and has lost a great part of its immediate in- terest. The well known Jeremy Bentham is referred to by our author as his principal authority in regard to the Radical opinion. We believe that this philosopher is in fact acknowi-. edged as the leader of the sect, and as entitled to the hon- or, whatever it may be, of having supplied them with some- thing like a theory. As respects the character and pretensions of this person, we have thought, that with a good deal of natural talent and acquired information, he has the misfor- tune to labor under a partial aberration of intellect, which has grown upon him as he advanced in life. His first publications, though not of much importance, were judicious and well writ- ten. He afterwards engaged in inquiries of greater extent and interest, but as he went on prosecuting them, his understanding seems to have become confused, perhaps from too intense and exclusive application to study. He found himself incapable of bringing out his own ideas in an intelligible form, and commit- ted his manuscripts to a clear-headed Genevan, named Du.. mont, who arranged and published them in French, and to whom we probably owe most of what there is valuable about them. It seems at least but natural and fair to draw this conclusion, since the numerous works which Bentham has since published are entirely of a different stamp as respects both tone and sub- stance. They are written in a strange and incomprehensible jargon. The matter of his later writings is also nearly or quite as extravagant as the manner; and his conduct is of a piece with both. Our readers doubtless recollect the pleasant account given by Captain Parry, in his work on the life of Lord Byron, of a visit which he made to Bentham at his residence in Lon- don, and of the would-be Solons race through Fleet Street and Cornhill, which he ended, if we remember rightly, at Moorfields, from an instinctive consciousness, perhaps, that he should be more at home there than anywhere else. This little circumstance, like straws that show which way the wind blows, decided our opinion on the condition of his understanding, -and explained at once how a person, who in the maturity and vig-. or of life was avowedly incapable of expressing his own thoughts in his native language, should feel himself called upon in his old ~ge to reform the legislation of the whole civilized 1828.] Do Stai~ls Letters on England. 18t~ world from China to Peru, and should actually enter into cor- respondence with most of the sovereigns and other rulers of the day upon the subject. With these impressions respecting his character, we should of course deem it unnecessary to examine in detail his political system, had we even the necessary space at our disposal. We may remark, however, that it exhibits in many parts evi~ dent symptoms of a complete incoherence of ideas in the au~ thor. Thus our legislator thinks it necessary that in a perfectly free government, where all the magistrates are elective, measures should be taken for enabling each citizen to conceal his opinion on the public affairs, lest forsooth he should be called to account bywe are not informed whom. For the better effecting of this object, our modern Numa enters into a large dissertation upon the proper shape and constitution of a balloting box, and directs that the citizen, when he comes to the polls, shall be required to take an oath that he will regard every attempt to discover for which candidate he means to Vote, as an act of oppression, and will not feel himself bound to give a true answer. How poor to this the wisdom of the Lockes, the Montesquieus, and the Madisons, whom Bentham thinks it his vocation to supersede. Baron de Stahl pronounces these regulations to be de grander pauvret6s, or much ado about nothing. We should rather class them with what the Span- iards call disparates or sheer nonsensethe natural fruit of an unsound intellect. What do we mean by the freedom of speech and the press, if the citizens lips are to be hermetically sealed, and his way of thinking an impenetrable mystery? Is it not th~ precise object of a free government, to give him the opportu- nity, as Tacitus has it, of thinking what he pleases, and saying what he thinks,sentire quce velis, et quce sentias dicere 6? What would be the surprise of our pe9ple, who have now for two years past been publicly discussing, from one end of the Union to the other, the question for whom they shall vote as President two years hence, if they were told that it was essential. to liberty that every mans opinion should be kept a profound secret! It is evident that Benthams notions are not merely trifling and unstatesmanlike, but actually incoherent, and in gross violation of the laws of plain common sense. The chief error of the partisans of parliamentary reform in England, both moderate and violent, many of whom were of course much wiser men than Jeremy Bentham, lay in at- 190 1)e Sta~.ls Letters on England. [Jan. taching too much importance to mere external forms, and attending too little to the influence of the condition of the peo- ple upon the spirit and operations of the government, in con- sequence of this inattention, it so happened that many of the most intelligent and sagacious persons in Great Britain, kept up a constant alarm during the last half-century, respecting the increasing influence of the crown, when in fact the char- acter of the government, by means of the constantly progress- ive diffusion of knowledge and wealth among the middling and lower classes, was growing from day to day more and more pop- ular. We think we hazard nothing in asserting, that from the time of Mr Dunnings celebrated resolution, that the influence of the crown had increased, was increasing, and ought to be di- minished, up to the late introduction of the Whigs into the administration, the political weight of the aristocracy, including the crown, has heen regularly decreasing, and that of the mass of the people increasing in the same proportion, or, in other words, that the circle of citizens who take an active share in the public affairs, has been constantly enlarging. The Whigs were the virtual representatives of the popular interest, and though, as a party, regularly voted down in Par- liament, their moral power was always advancing, until at length the ministry, without a formal change of persons, adopt- ed their views, and established a system of policy, foreign and domestic, conformable to them, and opposite to those which were entertained by the pure aristocracy of England, in com- mon with that of the Continent. Finally, upon the occurrence of the opening lately afforded by the retirement of Lord Liv- erpool, the last result of this change has been seen in the per- sonal introduction of the Whigs into office, at a time when their party, as such, seemed to be extinct, and had almost ceased from a~y active opposition to the measures of government. The situation of the Whigs was similar to that of a ship beat- ing up against a head wind, and apparently making but little way, or perhaps losing ground, but which is nevertheless car- ried on unconsciously by a favorable current, and finally reach- ~es the port without well knowing how she got there. Mr Canning, whose elevation and sudden death lately created so strong a sensation throughout the christian world, was the person marked out by circumstances to act a~ a sort of mediator between the two interests, and to smooth the pas- ~age from one system of policy to another. Accidental caus9s 1828.1 Dc Stai~ls Letters on England. 191 had attached him in his youth to the aristocratic party, and to the person of Pitt, its great representative and champion. On the other hand, his commanding talents and lofty spirit, while they naturally led him to sympathize with all truly liberal notions, and enabled him to estimate correctly the value of new ideas, also qualified him, when occasion required, to deviate from the routine of preceding practice, and strike out an inde-- pendent course for himself. The same traits of character which fitted him so well for a leader, probably rendered him in some degree less useful and agreeable as a mere coadjutor in the cabinet; and from his first entrance into public life, un- til the death of Lord Londonderry, he seems to have played, upon the whole, a subaltern and rather uncomfortable part. That event at once fixed him in his proper sphere, and had a powerful influence in giving, with the necessary -promptitude, the new direction to the affairs of the country, which was ab- solutely essential to its future prosperity. A more correct and liberal economical system had already been adopted by the cahinet; hut the decisive measure re- quired by the crisis was the immediate recognition of Spanish America. Had England hesitated upon this question, the Allies would have probably taken part with Spain. America might perhaps have been recovered by that power, and Great Britain would then have sunk very rapidly into a feeble appen- dage to the military powers of the continent. The moment was therefore in the highest degree critical. Of the two cour- ses that lay before the government, one was recommended by routine, and aristocratic prejudice; the other, as we have said, was imperiously counselled by good policy and liberal feeling. The latter had been previously proposed and chiefly supported by the Whigs, and had the ministry consisted of statesmen of the ordinary stamp, like Lord Londonderry, men much under the influence of mere routine and existing connexions, the decisive hlow would hardly have been struck. By an almost miracu- lous combination of events, it so happened that at this precise juncture, Lord Londonderry, in the vigor of life, and with the prospect of a long career before him, was suddenly called from the helm, and that Mr Canning, whom the delay of a few weeks longer would have removed for ever from the scene of action, was summoned to replace him. His connexions with the aristocratic party gave him the necessary weight and favor with the crown, and his powerful 192 Dc Stads Letters on Engl~tnd. [Jan. character, which placed him above routine and prejudice, enabled him to see the true policy of the country, although it came before him in the questionable shape of a Whig doctrine, and to act upon it with the requisite decision. There is an air of fanfaronade in the proud declaration made by this states- man in his famous speech on Portuguese affairs,that he had called a new nation into existence; but we nevertheless regard it as in substance well founded in reference to Spanish Amer- ica. That the policy adopted by England was the immediate cause that prevented, in fact, the interference of the continent- al powers, is generally admitted. Our proceedings had great weight in determining the course of England, and produced in this way a most powerful effect upon the general result; but without the concurrence of England, our influence alone might not have averted the danger. We mean not to say, that had the Allies actually interfered, the independence of Spanish America would have certainly been lost, but that it would doubtless have been jeoparded and necessarily contested for an indefinite period, during which our western continent would have been visited by a train of incalculable miseries, some part of whichwe need not here inquire how large a one would have fallen to our share. The co6peration of England and the United States was indispensable in order to give to this great movement in political affairs, the fortunate direction which it actually took. Each of these powers may therefore felicitate itself with justice upon having had the opportunity of rendering the most important services, at the critical moment of their national birth, to the rising republics of the South. This, we suppose, making due allowance for rhetorical exag- geration, ~nd the warmth of extempore speaking, is the only meaning which we need to deduce from the aforesaid re- mark. Our sister republics have not been backward in acknowl- edging their obligations to either power. It is agreeable, says President Rivadavia (the most distinguished statesman whom this great struggle has yet brought into notice, and one who may well be compared with the soundest thinkers and most judicious practical politicians of any age or nation,) in his address to the Congress of Buenos Aires, in May, 1822, upon retiring from his place, as governor of that province; it is agreeable to witness the frank and noble policy of His Majesty the king of Great Britain. The similarity of opinion 1828.] De Sta~ils Leteers o~ England. and feeling, which we observe in the cabinets of London and Washington, will show to Spain that she cannot hope to contend single-handed with the free nations of the new world, and will perhaps introduce into her councils the moderation and wis- dom, so necessary to her existence. Nor are the statesmen of the South in any way jealous of the influence which it nat- urally belongs to our country to exercise upon the political system of the continent; This illustrious nation, says another citizen of the same republic, writing in the year 1825, and al- luding to the United States, this illustrious nation is naturally called upon to direct and lead on the march of all the free States of America. The unity of political system in.regard to these all-important subjects, which appears in the councils of the two great English nations on the two sides of the Atlantic, is a circumstance of happy omen, not merely for the Southern republics, but for their own mutual intercourse, which, we ven- ture to hope, will not wear for ever the unnatural and repulsive form of fraternal hostility. The recognition of Spanish America by the British govern- ment was, however, a decidedly Whig measure, both in form and principle. It marked at once the separation of the gov- errfment from the despotic alliance of the continent of Europe, and its adhesion to the liberal system, which rules without dis- pute throughout that of America. The policy of England being thus entirely changed, it was not unnatural that a cor- responding change should occur within no very distant period in the persons of the ministry. It was quite proper ,that the leading Whigs, who for twenty years before had been propos- ing the same measures which had now been adopted by the government, should share in the honor and satisfaction of car- rying them into effect; and that the prime minister should avail himself of the first favorable occasion to introduce some of the most distinguished and unexceptionable individuals among them into the cabinet. Objections however would naturally occur to such a proceeding, and here again the pow- erful character of Mr Canning was one of the circumstances which were perhaps indispensable, and were certainly very efficacious in bringing about the desired result. We all know from recent experience in our own country, how tenaciously the personal sympathies and antipathies occasioned by party divisions are cherished long after the causes that created the parties have ceased to exist. Such men as Lord Chancellor voL. xxvi.---tvo. 58. 25 De Sta~ls Letters on England. [Jan. Eldon and the Duke of Wellington, who, although they had concurred in adopting the liberal measures recommended by Mr Canning, refused to serve under him for no better reason, apparently, than that he was the man who had proposed those measures, would have doubtless objected still more strongly to any association with professed Whigs. Few ministers could have ventured to take a stand in opposition to the weight of their names, and to the vast influence which they were sup- posed to possess in the nation; and nothing but the immense personal popularity which Mr Canning was conscious of en- joying, would have justified him in the attempt, or have ren- dered it successful. With a manly confidence in the correctness of his principles, and the extent of his powers, which belongs only to an intel- lectual and moral character of the highest order, he resolutely took his ground, and maintained every inch of it, to the utter astonishment and consternation of his adversaries, and to the signal satisfaction of the friends of liberty throughout the world. The final result was a complete recomposition of the ministry on the most liberal principles, and with a large mixture of pro- fessedly Whig elements. So complete and well-founded was the new political edifice from the moment of its construction, that the death of its great architect, within a few weeks after, does not appear to have affected in any way its stability or probable duration. We look upon the new administration, al- though siill under the direction of a nominal Tory, as in prin- ciple decidedly Whig, and we anticipate that such will be the coloring of the policy of England, under all changes in the persons of the ministers, for a long period to come. We in- cline to this opinion, because we consider a liberal policy as more congenial to the principles of the British constitution, as well as more suitable to the existing circumstances of the country, than the one which was pursued for thirty or forty years preceding, and has now been abandoned. The basis of the British constitution is in the main liberal, and the policy of the government had been generally such from the accession of the House of Brunswick (which was determined by the prev- alence of the Whig party) up to the opening of our Revolution. From that period down to the close of the French Revolution- ary war, the measures pursued, though suggested no doubt by accidental causes, rather than an absolute love of oppression and despotism,~though natural perhaps, and, at times, in some 1828.] De Staiils Ler~ers cm England. degree justifiable,were nevertheless throughout inimical to freedom. The circumstances that led to this deviation having changed, the British government has placed itself again upon its natural foundation; and this, precisely because it is the natural one, we think is likely to be permanent. Having thus changed the direction of the policy of his coun- try, and restored the principle of liberty to its natural ascen- dency in the cabinet, Mr Canning seems to have accomplish- ed the object of his mission, and we deem it not unfortunate for his fame, and for the good of the world, that he has been withdrawn so early from the scene of action. When the course is given and the sails justly trimmed, a common head is able to steer the ship; and it sometimes happens that the high qualities which are so useful and necessary in extraordi~- nary conting~nces, may be positively dangerous in transacting the common routine of business. There are some persons, says the author of the Henriade, who shine in a secondary sphere, but lose their lustre when they rise to the highest. Tel brille an second rang, qui s~clipse an premier. There are others, on the contrary,and Mr Canning was probably of the number,whose talents are fitted for great oc- casions, but who make less display in the conduct of the sim- ple affairs of ordinary life. The ardent imagination and the bold, creative genius which enabled their possessor to invent new systems, and to grapple with questions of a grand and complicated nature, have no natural bearing upon matters of inferior interest. When a statesman, possessed of these trans~~ cendent qualities, flies at smaller game, he is apt to run into exaggeration, if not into error. Mr Cannings course on the Portuguese affairs was perhaps an example of both these re- sults. His policy in regard to this subject was from the outset extremely questionable; and the mode, in which he treated it in the House of Commons, was highly injudicious, and justly gave umbrage to the principal powers of the continent. Had he lived, this question might perhaps have endangered the tran- quillity of Europe, and consequently of the whole christian world; but under the more temperate and business-like man- agement of his successors, it will probably be brought with ease to a quiet termination. In like manner, the difference about the colonial trade be- tween this country and the British West indies, by the effect Do Staiils Letters on England. [J~in. of his flippant mode of writing and misapplied promptness and energy of action, was ripening pretty fast into a serious quarrel. This dispute too, we trust, will be speedily adjusted by the plain good sense and good temper, and, we hope we may add, liberal and amicable feeling of the present ministry. We repeat, therefore, that while we regret the premature death of Mr Canning, on account of the breach it necessarily makes in the social circle of his friends and connexions, while we experience a sentiment of gloom at the extinction of one of the most bril- liant lights of the political sphere, we are satisfied that, as re- spects his own glory and the interest of the christian common- wealth, he had lived long enough, and that he now sleeps well. He died, as it were, in the arms of victory, on the loftiest summit of social elevation that an Englishman can innocently reach. He had been made of late the instrument of great and lasting good to his country and mankind; and had shown, throughout his career, the highest qualities, intel- lectual and moral. His faults will be acknowledged by the candid, to be of those that accompany an ardent and generous character, and his name will be recorded, in spite of them, among the most illustrious in modern history. We have been led imperceptibly into this digression upon the recent changes in the British Ministry, by the reflections which naturally result from the topics last treated of by M. de Sta~fl. Having already exceeded our limits, we must now conclude by recommending his work to our readers, as a ju- dicious, well-written, and dispassionate examination of some of the most important political questions of the day. If their sen- timents are at all similar to ours, the name of the author will secure to his production a high degree of attention; and we conceive that we are bestowing sufficient commendation upon it, when we add, that those who peruse it with the expectations which that distinguished name may justly excite, will not be disappointed. 1828.] simerican .llnnual Register. 197 ART. IX. The .ilmerican .6lnnual Register; for the Year 182~-6, or the Fiftieth Year of simerican independence. New York, G. & C. Carvill. 8vo. 1827. WE looked forward to the appearance of this volume with interest, and are satisfied with its execution. It comes as near to the plan proposed of sin ./Innuat Register, as could be expected, under all the difficulties incident to a first essay. Some portions of it, indeed, appear to have been executed in haste; and several parts would beav an increased expansion and detail. The portion dedicated to the separate states, is some- what meagre. It should be wholly omitted, or more elabo- rately wrought up. With adequate pains bestowed on this department, we are quite sure that it might be made equal in interest and value, to any portion of an American Annual Reg- ister. More than any other part, it would carry the recom- mendation of novelty, to most readers in this country. Almost every reader of newspapers, gather a general idea of national affairs; and some indistinct notion, at least, of what is going on in Europe. But let our readers search their memories at the end of the year, and see how good an account they can give of the events, which have taken place in each of the twenty-four states of this confederacy. Let it not be said, that we know little of what is passing in our sister states, because there is little of importance to be known. Far from it. There is not a state in the union, whose internal administration is not a rich study for the American citizen, politician, and statesman; while many of the states stand before us in the aspect of republics growing up into a consequence, which must ultimately compare with that evI~n of the Union. For this, and other reasons, we sincerely hope, that great diligence will be bestowed on that department of The American Register, which is devoted to the affairs of the sepa- rate states. It will, in some respects, be the most difficult of execution. The requisite materials and means of information are not concentrated, as they are in reference to the general government, and the political affairs of the Union. But after they shall have been duly collected and condensed, we feel persuaded they will be found, in the judgment of all intelligent readers, to add highly to the value of The Register. It is not to be inferred from these remarks, that the present volume con-

American Annual Register 197-207

1828.] simerican .llnnual Register. 197 ART. IX. The .ilmerican .6lnnual Register; for the Year 182~-6, or the Fiftieth Year of simerican independence. New York, G. & C. Carvill. 8vo. 1827. WE looked forward to the appearance of this volume with interest, and are satisfied with its execution. It comes as near to the plan proposed of sin ./Innuat Register, as could be expected, under all the difficulties incident to a first essay. Some portions of it, indeed, appear to have been executed in haste; and several parts would beav an increased expansion and detail. The portion dedicated to the separate states, is some- what meagre. It should be wholly omitted, or more elabo- rately wrought up. With adequate pains bestowed on this department, we are quite sure that it might be made equal in interest and value, to any portion of an American Annual Reg- ister. More than any other part, it would carry the recom- mendation of novelty, to most readers in this country. Almost every reader of newspapers, gather a general idea of national affairs; and some indistinct notion, at least, of what is going on in Europe. But let our readers search their memories at the end of the year, and see how good an account they can give of the events, which have taken place in each of the twenty-four states of this confederacy. Let it not be said, that we know little of what is passing in our sister states, because there is little of importance to be known. Far from it. There is not a state in the union, whose internal administration is not a rich study for the American citizen, politician, and statesman; while many of the states stand before us in the aspect of republics growing up into a consequence, which must ultimately compare with that evI~n of the Union. For this, and other reasons, we sincerely hope, that great diligence will be bestowed on that department of The American Register, which is devoted to the affairs of the sepa- rate states. It will, in some respects, be the most difficult of execution. The requisite materials and means of information are not concentrated, as they are in reference to the general government, and the political affairs of the Union. But after they shall have been duly collected and condensed, we feel persuaded they will be found, in the judgment of all intelligent readers, to add highly to the value of The Register. It is not to be inferred from these remarks, that the present volume con- 198 ~1merican dnnual Register. [Jan. tains ~nothing in this way. A beginning is made, as ample, perhaps, as ought to have been expected, of a selection of noti- ces, pertaining to the separate states; but this department will bear and reward all the diligence, with which it can be cultivated. The strictly historical portion of the work falls, of course, into the two great divisions of domestic and foreign; and the for- mer is necessarily chiefly devoted to the doings of the first session of the last congress. This part of the work (in some respects the most delicate, as it immediately ipvolves questions of party politics), has been as satisfactorily executed, in refe- rence to such questions, as the nature of things admits. The leaning towards the administration is obvious; but the ar- guments, adduced by those opposed to the measures of the administration, are, we think, fairly dealt by. The course to be pursued, in a work making pretensions to historical dignity, in reference to questions of party politics, is not altogether easy to be settled. The frantic partiality of the violent newspapers, is, of course, to be avoided, not as being beneath the gravity of history, but as ~unworthy the order of beings, whom Providence has endowed with reason and speech. On the other hand, the nature and operation of what is called impartiality, in the historian of polical occurrences, especially contemporaneous occurrences, require to be well understood, before it is too urgently recommended. A real, honest impartiality, which, without a shade of human weak- ness, in the form of favor or of enmity, should pronounce on men and things according to their true merit, would, no doubt, be a glorious quality in a historian. But such an impartiality is plainly not given to frail man, certainly not in reference to the political events, which are passing around us, and the prominent political characters of the day. He must have his feelings, in respect to these events and characters; and these feelings will bias his judgment. There is indeed, a state of mind, which may sometimes ex- ist in reference to contemporary political events, that of a cold indifference, or a strong aversion to both of two prominent par- ties, which would seem to promise something like impartiality, in forming and expressing judgments upon them. But even this promise is delusive. For, not to urge the rarity of the thing itself (it being next to impossible, that a precise equipoise even in indifference or aversion should exist), the result will be, that alternate injustice will be done to both parties. The 1828j simerican annual Regi~iter. 19~ credit, which may occasionally be awarded to both, will be coldly measured out; and the censure, to which each in turn will perhaps be obnoxious, will not be emphatically expressed, from a fear of disturbing the stoical balance of assumed impar-. tiality. If the feeling cherished toward the two parties be that of equal and decided hostility, manifold injustice will he done to one, or the other, or both. It is next to impossible, that both parties should be alike worthy of hatred; consequently, to hate them alike is itself an injury to the least odious. Besides this, a strong passion of hostility wholly unfits the mind to discourse on the acts of others. Take, for instance, the writings of Burke on the French revolution. He was certain- ly very impartial between the Girondists and the Jacobins; but the fervor of his feelings unfitted him to write the history of either,and especially to do any justice to the points, on which they were divided. It did fit him out with an ~ipostolic mis- sion, to rouse the fear and hatred of the world against both; but this is a very different vocation from that of the historian. To illustrate more clearly our meaning, on the subject of im- partiality in a writer on contemporary politics, we will instance the Life of Napoleon, by Sir Walter Scott. Apart from literary execution, the main fault of this book is its claim to be impar- tial. We do not mean to set this down as a hypocritical and affected impartiality. We believe the eminent author designed to be impartial, and occasionally put himself under constraint to attain that end. It being, however, in the nature of things physically impossible for an Englishman, of the government side in politics, a person for twenty or thirty years employed in writing in reviews, magazines, registers, and newspapers, and separate works on the British and the government side of the question, to be really impartial; that is, to have no preposses- sion in favor of his own country, and no prejudice against its most dangerous enemy; the assumed character of impartiality can have no other result, than, that while it perhaps leads him to discredit some of the grosser and more atrocious calumnies, it will give additional weight to his unfavorable view of the en- tire character and policy of his hero. Take an example from what he says of Lafayette. We presume that Sir Walter Scott, considering that this country contains about one half of those, by whom his book was to be read, felt a strong desire to be impartial toward the man, who had lately passed, in wonderful triumph, throughout the Amercan Continent. He does not, ac 200 .fimerican annual Register. [Jan. cordingly, speak of him in the terms, with which he was usual- ly mentioned, and is still, when mentioned at all, by the politi- cal disciples of Mr Pitt,terms of the bitterest hatred. He even speaks of him in something like the language of praise; but this serves only to give additional force to the sarcastic gen- tleness, with which he condemns his conduct at the most critical moment. We refer to the dreadful scene of the removal from Versailles. Lafayette, we are told, advanced at the head of his civic army, slowly, but in good order. The presence of this great force seemed to restore a portion of tranquillity, though no one seemed to know, with certainty, how it was likely to act. Lafayette had an audience of the king, explained the means he had adopted for the security of the palace, recommended to the inhabitants to go to rest, and unhappily set the example by retiring himself. Before doing so, however, he also visited the assembly, pledged himself for the safety of the royal family, and the tranquillity of the night, and, with some difficulty, pre- vailed on the president Mounier to adjourn the sitting which had been voted permanent. He thus took upon himself the responsibility for the quiet of the night. We are loath to bring into question the worth, honor, and fidelity of Lafayette; and we can therefore only lament, that weariness should have so far overcome him, at an important crisis, and that he should have trusted to others the execution of those prechutions, which were most grossly neglected. Now we shall make but one remark on this, which is followed up by more in the same strain. We give Sir Walter Scott credit, for being loa~th to bring into question the worth, honor, and fidelity of Lafayette. He nevertheless does it; and this being the case, we, as friends to Laf~iyette, should like to have it done heartily; with all the warmth, which a failure at this important crisis de- mands. If duty dictates, we would have the historian adopt the language of Si~yes, which was at least manly, in declaring for the death of Louis (an expression which has escaped Sir Walter in narrating the scene), and vote la mortsans phrase. This digression, we hope, will not be thought unseasonable, in connexion with our notice of a historical survey of the p6- litical events of our own country and our own day. We have al- ready stated, that, in narrating the domestic political history of the year, we think the editor of The Annual Register has prac- tised about the only impartiality, which is valuable, that of fairly 1828.] qmerican dnnual Register. stating the arguments of those opposed to the measures, which he himself approves. In expressing this opinion, we do not, of course, in any degree, intend to offer ourselves as vouchers for the correctness of the single opinions or sentiments which he avows. In the literary execution of this part of The Register, we are inclined to recommend less ample quotations from the speeches, made while measures are under discussion in Con- gress, and indeed from documents of any kind. Such docu- ments as it may be proper to present entire, might advanta- geously be given in a smaller type in the Appendix. With respect to the debates, as an ample provision is now made for their entire publication, in a work exclusively dedicated to their pre- servation, their omission in the historical Register would be attended with no sacrifice to its readers, and would afford space for an ampler detail of matters of fact. The execution of the portion of The Register, which relates to foreign history, was not accompanied with the difficulty, growing out of the treatment of party questions, to which the domestic history was exposed. The pages devoted to the dif- ferent foreign countries of America, and the old world, though varying in fulness of detail, are highly instructive. We appre- hend there is no reader, however assiduous in reading or preserving his newspapers, who could go through these pages, without finding his recollections corrected, brought into order, and filled up. Of several of the countries, our newspapers give us but little intelligence. Of none of them do they give us a regular chain of intelligence. The nature of a newspa- per would render this almost impossible, with the greatest diligence and care. Its columns must, in general, be en- grossed with the news of the day. At subsequent and stated periods, to write the successive articles of intelligence; to sift out the truth; to furnish the requisite documentary informa- tion; and to throw the whole into a historical chapter, though obviously a work, to which the intelligent editor of a newspa- per would come well prepared, is also a work of more labor and time, than he can reasonably be expected to bestow; and it is precisely the province of the writer of an Annual Register. We deem it no more than strict justice to say, that this depart- ment of The Annual Register is much better filled, than the corresponding part of any English register, with which we are acquainted. But we do not wish our readers to take our opinion of the vOL. xxvI.No. 58. 26 202 [Jan. .6lmerican .Ilnnual Register. work on trust; and we shall therefore lay before them a more detailed account of the matter contained in it, and the mode in which it is treated. The period at which its historical portion commences, is the fif- tieth year of the Independence of the country; the beginning of the administration of the present chief magistrate, in some re- spects, starting under new auspices; and the opening of a new congress. These tangible points of departure at home, are met with sufficiently corresponding events of peculiarity, in the aspect of foreign affairs, to constitute altogether a marked epoch. It may be considered politically, as bringing to a full close, the revolutionary age at home, and the reign of the colo- nial system abroad. In the first and introductory chapter, the views apposite to this state of things are expressed, with no little originality and force. The successive events by which the change in foreign politics was brought about, particularly the severance of the different parts of Spanish and Portuguese America from political dependence on Europe; the councils of the continental alliance, in reference to these events; the policy of Great Britain and the United States, in regard to the intercourse of the remaining colonies of the former, are sketch- ed with vigor. The last of these topics, the colonial dispute between the United States and Great Britain, has since grown up into a great question of controversy, which will undoubted- ly receive an ample developement in the next volume of The Register. We cannot but observe on the kind of fatality, which leads the citizens of the United States to make the controver- sies of the confederacy with foreign powers, a matter of domestic party poiitics. That this was done (and to the lasting reproach of our polhics) in the controversies growing out of the French revolution, was ascribed to the infancy and con- sequent weakness of our own government, the newness of our institutions, and the want of a national feeling, sufficiently strong and peculiar to master all minor impulses. It was to be hoped, as it was unanimously and heartily predicted would be the case, that our foreign relations would never again be reproachfully made the topics of domestic division. After recapitulating the principles of the colonial policy of Great Britain, as far as they were then unfolded, the introductory chapter presents us with the visit of Lafayette, as a happy incident at the close of the revolutionary age, singular, even unparalleled, in its nature, and genial in its influence. 1828.] ./lmerican linnual Register. 203 The political history of the year is related in the following chapters, from the second to the fifth inclusive. The first treats of the inauguration of the present chief magistrate, whose speech is given entire. The business transacted at the ensuing session of the senate, is then related; an account given of the formation of the opposition to the national administration; the rise and progress of the controversy relative to the Creek lands narrated, and a general survey taken of the position of Indian affairs. These topics, with the trials of Commodores Stuart and Porter, the measures of internal improvement pur- sued during the recess of congress, the progress of manufac- tures, and the extraordinary agitations of the commercial world, in the course of the summer, fill up the first chapter. The next chapter introduces us to the proceedings of the nineteenth congress, and relates the proposal and discussion of the amendments of the constitution, brought forward in the two houses; of which, as is well known, the principal features were a division of the United States into as many districts, as the number of electors to be chosen, and the removal of the even- tual decision of the election, from the House of Representatives. Could the former question have been presented alone, and discussed without any association with the state of parties, we are not sure that it would not have prevailed. A small major- ity of the House of Representatives voted against the resolu- tion which related to this point. The objections to it were, either, in general, to all changes in the constitution, or grounded on the opinion that many of the alleged evils incident to the present system, would continue to flow from that proposed as a substitute. It is true, however, that a part of the opposition to the measure, proceeded on the principle, that it was an en- croachment on the rights of the states. This argument was sustained, in a very able speech, by Mr Stevenson, of Virginia. The vote on the other proposed amendment, was strong in the affirmative (one hundred and twenty-three to sixty-four); and yet it is probable, that if the question had been pushed, in any tangible detail, it would have met with very slender support. To resolve, in the general, that the election of the president ought, in no case, to devolve on the House of Representatives, is to take a popular ground. To embody the principle of that resolution, in any specific measure, would be found very se- riously to intrencli on the delicate part of the equality guar- antied, in some respects, to the states. Though the resolution 204 dmerican dnnual Register. [Jan. in favor of a system of districts was rejected, and that in favor of removing the eventual election from the House, sustained hy a large majority of that body, ~et when the latter resolution was referred to a committee of one from each state, that corn- mittee found themselves unable to agree on any report, and were discharged from the further consideration of the sub- ject. The next subject taken up in The Register, is the Panama mission; and the proceedings of the two houses upon this question are related in detail. The proposed extension of the judiciary system is then discussed, and with the subject of the finances, the appropriation bills, and the proposed relief of the revolutionary oflicers, completes the history of the session. We are aware that an analysis so hasty as this, can give but an imperfect conception of the contents of this part of the volume. It may serve however, at least, to assist those who have not yet seen it, in forming a correct anticipation of its nature. A moments reflection will be sufficient to produce a strong impression of the value of such a work in our politi- cal history, did we possess it in a complete series from the foundation of the government. While many good books, from the nature of their subjects, lose their value with time, and are scarcely thought of after the gloss of novelty is worn from the first edition, the volumes of a historical journal like this, will be prized, almost in proportion to their age. An Ameri- can Annual Register, commencing with the Revolution, if such a thing could be conceived of in that day of poverty and trib- ulation, and continued down to the present time, would be positively invaluable to all, whom it imports to be acquainted with our political history. Although it is, of course, not to be expected, that a contem- poraneous narrative of events should possess the value or the interest belonging to a record of the past, yet we are persuad- ed that a great majority, even of those who consider them- selves attentive observers of affairs, would find no little instruction in perusing the condensed narrative of the trans- actions even of the last congress, as related in the first part of this work. With the sixth chapter begins, what may be called, in the strictest sense, the foreign history. The West Indies, British, Spanish, and Haytian, are treated in this chapter. The incas- ures adopted by the British government, for the improvement 1828.] ~z$Imerican .annual Register. 205 of the condition of the blacks, and thd proceedings relative to these measures in the islands, are described. The political position of Cuba is next briefly discussed ; and the remainder of the chapter devoted to a very excellent abstract of the proceedings connected with the French recognition of Hayti. The seventh chapter passes in review the subjects of Mexi- co, Central America, Rio de la Plata, Chile, and Paraguai; the eighth is dedicated to Colombia, Peru, and Bolivia ; and the ninth to Brazil. There is perhaps no range of subjects, of which we hear and read so much, to so little purpose, for want of a previous generalization of the main facts relative to so large a family of states. The sketches here given, are executed from good sources, and with commendable dili-. gence. They contain information, curious certainly in itself, highly interesting to the political student, and of unequalled moment to the American statesman. It is too early to say, to what extent our politics will be affected by the emancipation of Portuguese and Spanish America; but it is not too early to say, that there is no part of the political map of the world, which we of North America may find more temptation or necessity to study, than that which comprehends the regions, which lie to the south of us on this continent. The succeeding chapters are devoted to Great Britain; to France; to Spain and Portugal; to Russia and the other states of Europe; and to Greece. They contain as much as the American reader will wish to take along with him, on these states, in order to form a correct and sufficient acquaintance with the political character and historical events of the times. We might refer, for a specimen of the kind and degree of in- formation contained in these chapters, to the sketch of the origin and progress of the war between Russia and Persia. The fifteenth chapter presents a condensed and satisfactory sketch of the Burmese xvar, from the origin of hostilities to the treaty of peace; and the sixteenth, the last chapter of the historical portion of the work, is occupied with events on the western coast of Africa, among the Barbary powers, and in E~,ypt. Under this last head, are related, sufficiently in detail, the history and fortunes of the present tributary sovereign of that country, Mohammed Ali. The fifty or sixty pages which follow, under the head of Lo- cal History and Domestic Occurrences, form the part of The Register, which is dedicated to the separate states. lATe have ~1merica~ linnual Register. [Jan. already expressed the opinion, that greater extension could be advantageously given to this department. We have no doubt that when the first difficulties of organizing channels of infor- mation shall be overcome, this section of The Register will be- come especially rich in matter and interest. It must be borne in mind, that some of the states, New York at least, numbers nearly half the population of the memorable thirteen, who fought the battles of our Independence; and that her resources, and her public works are, in no degree, below the proportion of her population. Nor can we be unmindful of the vast system of internal improvements now in active progress in Pennsylva- nia and Ohio, and projected in Massachusetts, in Maryland, and Virginia. The progress of manufactures, the legislative organization, the local controversies of the different states have something of interest. Few, if any of the topics which we have thus glanced at, are wholly omitted in the present volume. We name them only to strengthen the impression of the individual importance of the states, and the consequent expediency of giving to them all the space which can be spared from the other divisions of the work. The other main portion of the work contains a selection of public documents, both foreign and domestic; a selection of important law cases follows these; and the volume closes with obituary notices of distinguished persons, who have died in the course of the year, particularly of Adams and Jefferson. Such is a hasty analysis of the first volume of The American Annual Register, a work essentially modelled on The Annual Register of Dodsley, which was projected, and in its histori- cal portion, for many years, written by Burke; and which, with a very fluctuating style of execution, and amidst several able rival publications, has maintained its rank to the present day. A work of the kind, in this country, has long been a deside~a- turn, and has once or twice been attempted, and for a short time carried on. The plan of an Annual Register was sub- mitted to the public four years ago, by a gentleman in Mas- sachusetts, and having been necessarily relinquished by him, it has been revived, in New York, by the editor of the present work. To say that this work is everything that the public could expect in such an enterprise, and everything that the editor and his collaborators could make it, would be to say, that they are to learn nothing by experience; and by bringing 1828.] Fine grts. 207 into system the numerous and disconnected parts of the organi-~ zation, implied in such a work. We exhort them and their publishers to persevere, believing that a well conducted Annual Register will not only render an immediate and essential ser- vice to its readers in this country; but that those portions of it, which relate to domestic affairs (the largest part in general of the work) will, by affording a better vehicle of information than elsewhere exists, discharge a very important office to the cause of free institutions, by conveying to foreign countries an accurate and detailed statement of their operation here. ART X.dcademies of drts; a Discourse delivered on Thursday, .Miay 3, 1827, in the Chapel of Columbia College, before the JVational ./Icademy of Design on its First ./lnniversary. By SAMUEL F. B. MORSE, Presi-. dent of the Academy. New York. G. & C. Carvill. 8vo, pp. 60. 1827. WE hope the name which this Society has assumed, may be found hereafter more appropriate than it appears now. A .Na- tional Academy may be understood to mean a public instita-. tion, founded and supported by the nation, or a private asso- ciation of the first artists of a country. This Academy is of neither of these kinds. It is simply a society of artists in the city of New York, organized for the purposes of exhibition and instruction. As such it is a respectable and praiseworthy beginning; and as we heartily wish success to such an under- taking, we regret the more that they have made so great a mistake in the selection of their name. To call themselves .National .dcademicians, is making a claim of distinction which, we must say, is out of proportion to their merits. Nor do we think it is quite time for them to adopt the initials of their insti- tution as a standing title. The N. A. would do very well in the catalogue of their own exhibitions, to distinguish the works of its members, but we find it affixed to their names in that of a private collection, given in a note to this discourse. This, though a trifle, seems to us very ill judged. The practice has been

Fine Arts 207-224

1828.] Fine grts. 207 into system the numerous and disconnected parts of the organi-~ zation, implied in such a work. We exhort them and their publishers to persevere, believing that a well conducted Annual Register will not only render an immediate and essential ser- vice to its readers in this country; but that those portions of it, which relate to domestic affairs (the largest part in general of the work) will, by affording a better vehicle of information than elsewhere exists, discharge a very important office to the cause of free institutions, by conveying to foreign countries an accurate and detailed statement of their operation here. ART X.dcademies of drts; a Discourse delivered on Thursday, .Miay 3, 1827, in the Chapel of Columbia College, before the JVational ./Icademy of Design on its First ./lnniversary. By SAMUEL F. B. MORSE, Presi-. dent of the Academy. New York. G. & C. Carvill. 8vo, pp. 60. 1827. WE hope the name which this Society has assumed, may be found hereafter more appropriate than it appears now. A .Na- tional Academy may be understood to mean a public instita-. tion, founded and supported by the nation, or a private asso- ciation of the first artists of a country. This Academy is of neither of these kinds. It is simply a society of artists in the city of New York, organized for the purposes of exhibition and instruction. As such it is a respectable and praiseworthy beginning; and as we heartily wish success to such an under- taking, we regret the more that they have made so great a mistake in the selection of their name. To call themselves .National .dcademicians, is making a claim of distinction which, we must say, is out of proportion to their merits. Nor do we think it is quite time for them to adopt the initials of their insti- tution as a standing title. The N. A. would do very well in the catalogue of their own exhibitions, to distinguish the works of its members, but we find it affixed to their names in that of a private collection, given in a note to this discourse. This, though a trifle, seems to us very ill judged. The practice has been 20$ Fine sirts. [Jan. tolerated only in Societies, which have established some repu- tation; and even in those cases, it is a vanity of which their members begin to be ashamed. What would be thought if Mr Stuart should choose to call himself National Portrait Painter, or Mr Aliston should take the style of National Histor- ical Painter, and write accordingly after their names, N. P. P. and N. H. P.? Yet they would but he claiming the rank which others yield to them; while the name of National Acad- emician is as inappropriate to some of those, who have digni- fled themselves with it, as it is injudicious in its application to the best. It is unjust, moreover, to the reputation of the country. A foreigner could not be much blamed for judging of the state of the arts in America by the National Academy established in the first city of the Union. Nor could he be expected to ex- amine very carefully by what right such a name is borne by this Society. Yet the Academicians could not be willing, that their works should be thought by strangers among the highest efforts of American art. They have given themselves a name, which means, in the common use of language, the great institu- tion of the United States for the arts of design. What may happen hereafter in this particular, we pretend not to foretell; but at present this new Academy comes somewhat short of de- serving such a title. Mr Morses Discourse is short and appropriate to the occa- sion. It consists of a very brief sketch of the origin and consti- tution of the principal academies of arts in Europe, with remarks, chiefly contained in the notes, on the state and pros- pects of the arts in this country. We cannot agree with the author in all these remarks. Some of them seem tinctured with a degree of dissatisfaction and jealousy, for which we think there is no occasion. He complains bitterly of the practice of buying old pictures, as tending to the neglect of living merit; insists on the inexpediency of any but professed artists intermed- ling with the government or direction of academies; and de- plores the hard fate of the American artist, who, after cultivating his art in foreign countries, returns to find his own so far behind him in taste, that he is doomed to starve in unmerited neglect. This is all unreasonable and mischievous. We call upon facts to bear witness for us, when we say, that our artists suffer neither from the neglect nor the interference of others. Not 1828.1 Fine lirts. 209 one of them, who could maintain any reputation in Europe (we mean well earned and tried reputation, and not that very precarious one of being a very promising young man), has lost it by a return to America. There is no undeserved preference for the works of old or foreign painters, and no want of patronage for those of our own. We do not pretend to know all the artists of the country, but we take such an inter- est in the arts, that we think we have heard of all the good ones; and, as far as our information extends, we say, that they have nothing to complain of. The source of the mistake and disappointment of others is this; our artists do but begin their education in Europe; they are sent there as soon as they dis- cover the first symptoms of genius, and before it is well ascer- tained whether it is worth while for them to go. There they seem at first to be making prodigious advances (for in art, it is not the premier but the dernier pas qui coute), and, either from impatience or necessity, they hasten home to enjoy prematurely the fruits of their studies. In so doing they underrate the taste of the country, as it is natural enough they should, having left it before their own was formed. Besides, it is so much easier to learn to judge rightly than to paint well, that even with less opportunity, our judgment may at least have kept pace with the progress of their skill. A taste for the fine arts is but of recent, and has, therefore, been of very rapid growth among us. it is quite as likely, therefore, that the young artist, while learning his elements by a short stay in Europe, should fall behind, as sur- pass the taste of his countrymen; and it is equally natural, that ifthere be any interval of separation between them~ he will con- sider himself most in advance. But let him be assured, that his works are not tried here by a judgment formed only on what has been seen in America. That judgment is founded chiefly on the opinion of those, who have had opportunities of observation, at least as good as his own. The number of those, who have travelled in Europe to see and study the great works of art, has been rapidly in- creasing, and is now large. Our taste in these things is not of national origin. We have hitherto learned, and must long be content to learn, from older countries. A very few years, therefore, are sufficient to do away the difference between the taste or Europe and America. We have, in fact, made more progress in years, than other nations have in centuries, simply by adopting the fruits of their labors. It is very idle, then, for voL. xxvLNo.~ 58. 27 210 Fine s~Irts. [Jan. any one to think, that by a few years residence in Europe he can so get the start of us, that his merit cannot be understood here. It would be much more likely, that, led away by our admiration of foreign models, we should neglect the original beauties of the home-taught pupil of nature. We could give Mr Morse, in vindication of our taste, some illustrious ex- amples among us, of those, who have labored long and patient- ly abroad, undazzled by their first success, and not content with the admiration of the ignorant, and who have not been disappointed or neglected on their return. Greater wealth, and more splendid distinctions, would have rewarded them in Eu- rope, but nowhere could they have been more honored or valued than they are here. Nowhere could their works have been more eagerly sought at honorable prices. If these ex- amples are too rare to encourage the desponding, let them at least believe, that in their profession, as well as in others, in- dustry and perseverance will prevail; let~them believe this, until they can find some examples of neglected merit to authorize their complaints. We have heard of starving and heart-broken genius in other countries, but there never was such a thing in this. The most liberal encouragement is offered to every hope of excellence, and that very liberality has, in many cases, by taking away the sting of necessity, destroyed the promise it would have fostered. No artist can expect here the highest rewards of his art. He must seek them, if he is entitled to them, in the great cap- itals of Europe. We cannot make him a prince, or even a knight, nor endow him with personalnobility, like those, whom Mr Morse mentions as examples of European munificence. But we can offer him all the country has to give; repfatation, respect, and competency. If these will not satisfy him, he must take Mr Morses advice, and not return. The Ameri- can artist, says he, may go abroad, but he must not return. Before his foreign acquirements can be appreciated, he must go back to the point from which he started, take the public by the hand, and lead them on to the eminence he has attained. He may go abroad, and adorn other countries with his works, and the history of his own, with an imperishable name; but if he returns, it will be at the peril of his happiness and his life! Does any one believe this? Is there anything of fact that justifies it? We never heard of any who pined and died after this manner. 1828.] Fine ./Irts. 211 We should give a different advice to the young artist; we should counsel him, if he has the means, to go and faithfully study his art where it is most successfully practised; and not to be in haste to return for fear he should grow too wise to be understood. Let him not only study but practise in Europe. Merely drawing in an academy, and copying a few master- pieces, will not enable him to return with credit and success. Hundreds of students do these things, and do them well, who are never heard of as artists. He must labor long and hard, with the best means of improvement around him, if he hopes for distinction in his own country. And then he may return without fear of injustice. But one thing we repeat to him, and let him not forget it; no attainments which are not sufficient to support and raise him into notice in Europe, will save him from neglect at home. The mere student of foreign academies will not at once be hailed as a master on his return. If he were, it would more clearly prove that deficiency of taste of which Mr Morse complains, than even the neglect of real merit. Something in the same spirit, Mr Morse deprecates the in- tervention of any but professed artists in the management of academies. We doubt whether he is right in this. We are inclined to look on this exclusion, as one cause of those bad effects, which he admits to have proceeded from ill-constitut- ed academies. it tends to the formation of a school; which is little else than a system of errors and deviations from that imitation of general nature, which cannot be too exact even for ideal beauty; there is but one nature, and there can be but one true way of painting. Artists may differ, indeed, in their choice of ~uTjects and circumstances; but independently of these, their peculiar manners are chiefly their peculiar defects. Yet it is exceedingly difficult, in the examination of nature, to overcome the prejudices of a favorite system of art. In the same scene, one painter will see nothing but light and shade, while to another it will seem full of color. Fuseli, no doubt, thought he was painting naturally, when he imitated humanity so abominably; and his students, if they had been confined to his instructions, would have learned to see in nature the con- tortions and extravagances of their masters imagination. But the fact, that the defects of great masters are apt to mislead learners, is as obviously true in painting, as in everything else. And it can hardly he doubted, that, if academies exercise any Fine arts. [Jan. influence, those under the sole direction of artists will be more likely to sanction and perpetuate their errors, than those which admit in their government connoisseurs, who may be, at least; more impartial judges of nature than her professed imitators. But even if this he not so, the exclusion is impolitic. Artists cannot establish themselves in defiance of that portion of the public, best qualified to judge of their works; nor hold them- selves entirely independent of those, who support their exhibi- tions, and buy thQir pictures. It is essential to their success, that they should inspire others with a love of their art, and diffuse as widely as possible the taste necessary to enjoy it. These associations are highly useftil in this way, if they are freely opened to all who are desirous of promoting their ob- jects. But if the direction of them is, by the jealousy of ar- tists, confined to their own number, others will soon be weary of their share in establishments, where taxation and represen- tation are so little united. Where a taste for the arts is already widely diffused, such a system may have some advantages, but where the taste is to be created, a more liberal course would be more expedient. In this, as in other particulars, the diffe- rence. of the two countries seems to have been overlooked when the Royal Academy is proposed as the proper model of such institutions in America, There could be no danger here of the other directors inter- fering improperly with the peculiar province of the artists, and they might often be useful as mediators or umpires between contending parties. They would be the defence of the meri- torious against any of their brethren, who might otherwise pervert the power and influence of the academy to selfish or party purposes. That such differences and oppression may exist in theseinstitutions, is well enough proved by their his- tory, particularly by that of the same Royal Academy, whose example is thought to sanction this exclusive system. There has been but very lately a revolt in this institution, which with- drew much talent from its exhibitions. What has been the result, we do not know, but it may be presumed to have been unfortunate for the seceders, however just might have been their complaints. Such occurrences might often be prevented by the, intervention of disinterested directors; and when they happen, they lead to consequences much worse, than an oc- casional deviation from correct taste, even if that were to be feared from the admission of such mediators. 1828.3 Fine .ilrt. 213 Mr Morse supports this exclusion by the example of other professions. But in this he confounds associations for the mere regulation of practice, with institutions for the promotion and improvement of art. Besides, tl~ie fine arts are things that we can live without, while unhappily law and physic are necessary evils6 The arts, to flourish, or even to exist, must be made agreeable to others besides artists. Others must be taught to love and to judge of them, before they will afford a subsistence to those, who practise them; whereas, it requires no combination between doctor and patient to induce the latter to be sick; nor do clients quarrel and go to law because they love to hear the eloquence of their advocates. If the infirmities of mind and body, which support these two learned professions, needed encouragement by the establishment of academies for their developement, no doubt the practitioners would be too lib. eral to engross to themselves all their advantages. The cler- ical profession is a more analogous case; for its necessity, though great, is of a moral nature; and the clergy have al- ways, where their power and influence were not secured by the strong arm of authority, called into their associations the pious and sober-minded of the laity. As to the purchase of old paintings, which is another sub- ject of long and vehement complaint in the Notes to this Dis- course, we must again differ from the author. No disease, he says, has infected infant art so inveterate,, and so retarding to the progress of taste, as this. Many quotations are added to show the little chance there is of any genuine old pictures being procured now, and the bad effects of collecting them, even if they could be obtained. Mr Morse does indeed, among his censures, introduce this cautious salvo; that he would not by any means altogether condemn the collecting of pic- tures by the old masters; but he clearly thinks it much better to employ living artists, and even without much regard to their merit. To this effect he cites twice with great applause, from Opies Lectures, one of he grossest absurdities that ever were uttered, namely, that he who employs the humblest artist in the humblest way of his art, contrihutes more to the advance- ment of national genius, than he who imports a thousand cItefs-da~uvres, the produce of a foreign land. The correct- ness of this assertion, adds Mr Morse, is abundantly proved by the practice of those noblemen and others, who stand first among the encouragers of art in England. The examples 214 Fine ./lrts, [Jan. given of this practice, are the purchase by three noblemen of Alistons Uriel and Jacobs Dream, and of Leslies Saul and the Witch of Endor; which, instead of being humble works of humble artists, are, two of them at least, among the finest pic- tures of modern times, and by artists who stand at the very head of their profession. When such pictures are neglected, because they are not old, or foreign, Mr Morse may well be indignant; but it is a very different question, whether it is ex- pedient to buy the works of our own artists, simply because they are so. If good American paintings were left unsold, because others of less merit were bought, or for any other cause, we would join heartily in censuring such illiberality. But the fact is not so. The real want in America is not so much of good patrons, as of good painters; and we doubt very much whether Mr Morse could tell us of a single good, not comparatively but absolutely good artist in the country, who does not, or might not by industry, receive a compensation for his labors in full proportion to that gained by other profes- sions. We know of no good pictures left unsold. And if it is supposed, that we ought here to be content with a less de- ~ree of merit, and buy pictures which could not be sold else- where, we think it is a great mistake. Why should we do so? It would improve neither the taste of the public, nor the skill of the artists, but degrade the one, and retard the other. To spend money in employing the humblest artist in the humblest way of his art, is encouraging national genius, just as much as paying an honest pains-taking tinker for spoiling his work, is encouraging national ingenuity. If the artists could do better elsewhere, they would not stay here for the pleasure of com- plaining; if they could not, they have no cause to complain. As to the genuineness of the imported pictures, we should not differ much from Mr Morse in his final results, though we think they depend but very slightly upon his long and grievous preamble of frauds and impostures. For he admits, after all, that there are many good pictures of old masters in the coun- try, obtained in Europe from genuine sources, and that a fine picture still finds its way occasionally across the water, and is added to the collections of professed dealers. This is the true state of the case, and we put as little faith as he does in the undoubted originals, which are sent here by hundreds to be sold by auction. But Mr Morse writes on this subject un- der a great excitement, of which he has not very well examin 1828.] Fine .tlrts. 215 ed the causes. When he speaks in person, indeed, it is chiefly of his apprehensions of what may happen; but we think his fears are quite unfounded. Let him look at the horrible lam- entations and prophesyings of Barry, Opie, Shee, and Hoare, which he has quoted, and then consider that, so far from hav- ing become the receptacle of trash and counterfeits, England is hardly surpassed by any country in her treasures of ancient art. We are not much alarmed by the stories told in the notes of Mr Astley, and the officer of more wealth than judg-. meat, that paid a fortune to a London dealer for a gallery of the works of the most reputed masters; nor do we in the least believe the episode, contained in the same extract, of a starving English painter, who was taken up by a modern-an- tique factory at Amsterdam, and accidentally found by them to be such a genius, that they were obliged to seek inferior artists to paint Teniers and Wouvermans, while he was em- ployed on pictures in his own manner, to be kept on hand for a future period. Such wholesale imposture cannot be car- ried on here; and as to the little misnomers that actually take place, they are not of consequence enough to make it worth while for any one to disturb his own tranquillity, or the innocent complacency of the purchasers. The course of this business in our own city has been this. We have, in the first place, a few small collections of good,. and, we believe, genuine, old paintings. Many of these were procured in Europe at a time, when such acquisitions were more easy than they are now. A few years ago we had two or three importations, and among them some good pictures (whether originals or not is of less consequence), which were bought at prices, probably not greater than they were intrin- sically worth. The modern English paintings sold about as well as those which were called old. Both kinds were bought because they were thought good, without any great regard to their names. Perhaps there were some mistakes made in that particular; but not more than there would have been in buying as many works of our own artists. Since that time, there has been a flood of trash sent here for sale, too miserable to deceive any one; and it has been sold for prices as misera- ble, or carried away to a better market. All this time the works of our own artists have been taken up at their fair value; while, on the other hand, several fine old paintings, well au- thenticated as the works of masters, have, for want of pur ~16 Fine ~1rts. [Jan. chasers here, been sent to England for sale. We know of but one native production of great merit being lost to the coun- try, because its value was not understood. The loss of these really fine pictures we regret, more than we should, that a whole generation of half-taught pretenders should be- starved into some more useful employment. Some of our remarks may seem harsh, but we make them from a sincere love of the arts. We would by no means be illiberal to our own artists, who give any promise of excellence; but there is no propriety in encouraging them in false taste or mediocrity. We would hold high the standard of taste; as high as it is in any place. We would not have the arts de- graded even in favor of the artists. And so far are we from approving of anything, which is said to discourage the impor- tation of old and foreign paintings, that we wish still greater facilities were afforded for it. If the old masters were, as we believe, better than the painters of our day, their works should be the models on which to form the public taste; and we would have as many of them as possible. And the same may be said of the modern paintings of foreign countries, so far as they are better than our own. We are not prepared to see the American system, as it is called, extended to literature or the arts. It would be the worst possible policy for the artists. Painting and sculpture are not among the necessaries of life. Much as they improve and adorn society, a taste for them is not eve,n the necessary accompaniment of a high degree of civilization. That from the earliest recorded time, and in almost every nation, rude or refined, it should have been the occupation of a por- tion of the community to imitate the forms and colors of nature, shows some native propensity in the human mind favorable to the cultivation of these arts~ But whether they shall flourish or decay by the intellectual and moral improvement of society, depends, as far as we know, on no fixed law of our nature. They are powerful means of such improvement, and not the necessary consequences of it. A taste for them must not be expected to grow without care and cultivation. And undoubt- edly the best means of promoting such a taste, is the exhibition of those works, which show of how much these arts are ca- pable. The better the specimens we see of what has been done, the more desirous we shall be to encourage their pro- gress; and the greater interest we shall feel in the labors of our own artists. 1828.] Fine ./irts. 217 The love of the arts is, moreover, greatly dependent on re- mote associations. No man can be thoroughly imbued with it, in our times, who has not seen the wonders they have wrought in times past. For ourselves, at least, we confess, that we should feel comparatively little enthusiasm for sculp- ture and painting, if we had seen none but their modern pro- ductions. They would lose much of the poetical influence which they exert over our minds. We attribute this, not so much to their inferiority in modern times, as to their associa- tions with the history of the past. All painting and sculpture remind us, in some way, of those older works of which we can never think without delight. If Claude, Salvator, and Pous- sin were forgotten, landscape painting would he much degrad- ed from the high place it now holds; and even historical com- position owes much of its elevation to similar associations. Still more do sculpture, necessarily so simple in its forms and uniform in color, and architecture, the principles of which seem so little founded on nature, depend for their interest on the wonderful works, that have come down to us from a .yet more remote period. Without these secondary attractions, we fear that the fine arts would languish and die in these busy and practical days. We have lost many of those sources of excitement, which pro- duced the masterpieces we admire and imitate. Nothing but the contests of the arena could have called out such counter- parts of nature as the Fighting and Dying Gladiators, or clothed in such perfect human forms the ideal beauty of the Apollo and. Antinous. It was not merely the opportunity of seeing the naked figure in all its variety of action; though that ena- bled the ancients, ignorant as they probably were of anat- omy, to attain in their statues a correctness, which all the sci- ence of the moderns has failed to reach; but it was their per- fect enthusiasm for athletic exercises, and for the full devel- opement of the physical powers, which made their sculpture the wonder and despair of succeeding ages. So to the enthu- siasm of a pompous religion, which no longer exercises its do- minion over the imagination, we owe the masterpieces of his- torical composition in painting. Inanimate nature is still un- changed; and therefore landscape painting has failed less than any other, except portrait, which is the natural growth of busy and selfish society. But even landscape painting requires for voi,.. xiv~wo. 58. 28 218 Fine .dr~s. [Jan. its perfection, like descriptive poetry, a secluded and contem- plative life, which becomes every day more rare and difficult. We cannot, therefore, join Mr Morse in his confident anti- cipations of the triumph of American artists over the most transcendent efforts of European genius, ancient or modern.. That our country will equal the contemporaneous works of others, we are well inclined to believe; though we cannot but see, in our peculiar situation, peculiar disadvantages. But we can hardly hope that the masterpieces of ancient art are ever to be surpassed here or in Europe. The forms and occupa- tions of society, are growing every day less favorable to the highest efforts of the imagination. We live in an age of utility. Everything which tends directly to improve the phys ical condition of man, and develope his reasoning and active powers, is cultivated with zeal and success. The most stub- horn obstacles of nature are yielding to new and tremendous enginery. What were her impassable barriers, have become highways; and the fabled works of the giants are surpassed by the power of knowledge. Education is sent abroad into all classes of men, to make them feel their strength and use their reason. All this renders the world populous, prosperous, and happy; but it is at the expense of much that we love, and much that elevates and refines the feelings. In this cultivation of the reason, the imagination loses its power. Eloquence, poe- try, painting, and sculpture, do not belong to such an age; they are already declining, and they must give way before the progress of popular education, science, and the useful arts. It may be, that when the great work about which the world is now occupied, is accomplished, a new school of art of propor- tionate grandeur, may arise; but we fear that its best days are past. We cannot but rejoice at this progress of society; still we must wish, that the good it brings might be purchased with- out so great a sacrifice. We would not withhold the light of knowledge, for fear it should dissipate the most poetical phan- toms of the imagination ; but we may be allowed to look back on their old haunts, laid open to the vulgar day, with some feelings of regret. This influence of the age may be doubted, because the dis- position to encourage the arts seems still to remain unimpaired in the public. But its earliest effects must not be looked for there ; the mind of the artist is its first victim. It chills his enthusiasm, and discourages him from attempting, what per.. 1828.] Fine .drts. haps he might still perform. He works under the fear of a cold-blooded judgment, which represses that confidence, with- out which genius cannot work its wonders. To what else can it be attributed, that the princely prices which the works of the old schools still command, have not brought into competition with them modern productions of equal merit? When sums are paid for single and small pictures, which would be an indepen- dence to an artist, why is there not in all Europe, nay, why has there not been for more than a hundred years past, a single one whom we can place on a level with the old masters? The decay of eloquence is, perhaps, an even more striking example. Argument is almost all the oratory of our times. Premeditated appeals to feeling and passion have lost their power. Even the most popular assemblies must be convinced before they can be moved. We have grown cautious and suspicious, and are apt to distrust the orator, when he would win us to his side by any exhibition of emotion. We take pride in subduing our feelings to our reason. Every public speaker must feel this, and ~he consequence is, that our best public speaking is but a cold sort of argumentation. Accidental opportunities for great excite- ment still occur, but no one can now rely for success on the susceptibility of his audience. It is the same with poetry; it has almost ceased to be produced, and its popularity has sen- sibly declined, even in our short da~r. The last that has held any dominion over the public mind, owed much of its interest to the personal character of its author, with wbich all his works were colored. The practical and historical details of the Scotch novels have already eclipsed it. There are, however, other causes, which have had their in- fluence in degrading modern art. While the whole costz.tme of the actual world has become less adapted to the arts, dramatic acting has been carried almost to perfection. The stage has been made so fascinating by its wonderful exhibitions of talent, that artists have either voluntarily chosen their models from it, or have by habit insensibly lost the power of distinguishing be- tween true nature and these brilliant imitations. This effect is less observable here and in England, than in France and Italy, where it has sunk the art of painting into a gaudy puerility and affectation, of which we hardly know how to express our con- tempt. This cause has probably operated in fact less on Eng- lish art, because the~people ar~ not so much attached and habi- tuated to the theatre, as the French. But the English schools 220 Fine s1r~s. [Jan. of tragedy and acting, seem to us so much more natural than the French, that the fault is not so striking there, when it exists. That it is a fatal fault, is obvious; for it is copying a carica- ture instead of the original. Even the best acting can never be a true transcript of nature. The character and sentiments of the drama are poetical and exaggerated. It is in that, as in painting, necessary to color heyond nature to resemble her; and when that exaggerated copy is made the model for another, the departure from the original becomes too wide for the imagination to reconcile. It has been said, that the whole busi- ness of French society is repdsenter; it is the same with their historical painting; they aim to show, not how their char- acters would look and act, but how they should be repr~sent~s. That the Italians, surrounded by the masterpieces of the arts, which their own country has produced, should have followed in the same course, shows how difficult it is to resist the influence of the actual state of society; and that it degrades the mind of the artist, long before it quite corrupts the public taste, is prov- ed by the fact, that the old Italian school is as much as ever admired, even in those countries where modern art is in the most deplorable state of degeneracy. If these views are correct, there is more in them to stimu- late than to discourage artists. They exhibit no insurmounta- ble obstacles to their progress. The peculiar difficulties that beset them, are in themselves, and therefore within their con- trol. They live in an age unpropitious to the developement of that high enthusiasm, which produces the greatest works of art, but, nevertheless, the fault is not in their stars, but in them- selves, if they are underlings. Great minds may resist even the pressure of the age; nay, to resist it, requires only a steady pursuit of acknowledged principles. If the artist will not be seduced by examples, which he cannot approve ; if he will disregard the fashion of the day and the practice of his contem- poraries; if he will confine himself to his profession, and so avoid the seductions of society, which would lead him away from the contemplation of nature, he may still redeem the rep- utation of his age and country, and place himself on as high an eminence, as he could have reached, if he had lived in the most favorable period. That this can be done, we think is about to be shown ; as much talent and enthusiasm as can be brought to the work have now been employed, in our own community, in one noble effort, for years of patient and persevering labor. 1828.] Fine .lrts. 221 That it should fail is impossible; but how much can be effect- ed by such appliances in these degenerate days, is a question of deep interest to all among us who love the arts. We pre- tend not to guess how far this work is to rival those, which have been so long the standards of excellence; but of all the pro- ductions of art in the present age, we have no fear in predict- ing, that the greatest is behind and not far off. The subject on which our artists most need to be admon- ished, is the cultivation of the mind. Their great deficiency is a want of vigorous and poetical conception. The mechanical process of drawing and coloring is often well done, but the mind seems not to contribute its share to the work. It is owing to this, that so many have failed to redeem the promise of their youth. From the number who have made good beginnings without instruction, it has been thought, that there was a pecu- liar talent for the arts in the Americans; but most of these were but examples of that mechanical ingenuity, which cer- tainly is a general characteristic of the people. It may be difficult to convince the artist of this deficiency of mind; but let him place a landscape, for example, of almost any of the living paintersby the side of one, of the old masters. He may find the drawing, coloring, and perspective as good, and per.. haps better; but the difference between them is, that one is the work of the hand only, the other of the imagination; one shows, perhaps even with less skill in the execution, and often in spite of injury and decay, a fine creation of the mind; the other is a dull copy of what happened to be before the artist, or a composition of commonplace and unmeaning objects. The parts of one seem selected to fill the canvass with pictu- res que forms and colors, those of the other chosen for the ideas and feelings they are adapted to convey. The difference is like that between poetry, and mere musical verse. It is natural that as excellence in composition declines, it should be replaced by mere ingenuity; but the attention that is now paid to execution in painting, seems to us to have acted also as a cause in degrading the art. Success in that is com- paratively so easy, and satisfies so many minds, that the attention of the artist is drawn from the more laborious task of invention. The common course of study too, gives an undue importance to mere skill of hand. It is all that can be taught by a mas- ter, and those who study under distinguished artists, are apt to be content with what they learn of them. This is one bad 222 Fine .drts. [Jan. effect, which we may attribute to all academies. They can but teach the form and manner of the art, and they attach so much importance to them, and reward excellence in them with so much distinction, that the student forgets there is any- thing else to be acquired. The facilities for such acquisitions have become very great, but these will not make an artist. The fine arts are works of the imagination, and the skill of the hand and the eye, is but the means of communicating to oth- ers, those thoughts and feelings, which distinguish the artist from the artisan. The mere picture-maker is not above any other nice workman. Even in branches of the art which seem bardly to admit of much invention or exercise of mind, their power is still enough to make all the difference between good and bad. No uncultivated man, whatever be his manual dex- terity, can paint a good portrait, or even make a good likeness. The mind of the artist shines out even through his copy of an- others features. Great artists have sometimes begun their labors without intel- lectual cultivation, but they have never produced their great works until they had overcome the disadvantage. Their paint- ings were not the results of knack, or of mere practice, but of study, observation, and reflection. Claude began to paint late, without education, and in the lowest rank of life ; but we read afterwards of his habit of walking in the fields, not merely to ob- serve, but to explain philosophically to his friends, the beautiful appearances of nature, which he has preserved in his land- scapes. Leonardo passed months in studying his unfinished picture of the Supper, without touching it. While we speak thus cautiously about the present claims of our artists, we would by no means be thought indifferent to their success. We should be sorry, if anything we have said should in the least abate the liberality of the public towards them. They must be supported and encouraged now, or we can expect no improvement from them. All we mean in the way of caution is, that this encouragement be governed by discretion; and that it be understood as a stimulus to future efforts, and not the reward of present excellence. We have endeavored to repress what seems to us a repining disposition, founded on an overestimate of their actual claims; but we would not be understood to say, that their rewards are be- yond their merits. We have felt the more urged to the re- marks we have made, because we thought that complaints like iS~28.] Fine ~qrts. 223 those contained in this Discourse, coming from an artist of so much reputation and merit as Mr Morse, at the head of an institution which must exert a considerable influence on those within its immediate neighborhood, might have, if uncon- tradicted, a most discouraging effect on the younger artists~ And we confess, too, that, as part of the public, we feel aggrieved at what we consider the injustice as well as the in~ expediency of some of the remarks. Even since we begaE this article, we have seen new proofs, that the American artist has no cause to complain of a want of patronage, in the liberal prices paid in Boston for several works of a favorite ar- tist of Philadelphia immediately on their arrival. Still we would urge on the public the necessity of a liberal and untiring en- couragement of the arts. They are eminently useful to the community. They are an ornament at home and an honor abroad. They elevate and refine the national character, and may even in turn protect the country that has fostered them. They have saved cities from fire and pillage, and given a char- acter of sacredness to the countries that honored them. Greece owes to her ancient arts, more than to any other cause, her still cherished hopes of independence. The strength of her citadel lies more in its architecture, than in its fortifications; and her lost gods have done better for her, than her generals. But we hope it is superfluous to reason about the usefulness of the fine arts. We all feel and acknowledge the importance of a literature of our own, and the good influence of the arts is no less certain. Their effect on the reputation of a country is extensive, because they speak a common language equally intelligible to all nations. And though much more circumscrib- ed in their operation than letters, they act more immediately on the character of a people. Painting, sculpture, and architecture are addressed to the whole mass of society; and being pre- sented directly to the senses, the ideas which they are capa- ble of conveying, lose nothing of their power in the transmis- sion ; while written language, at the best, can but excite in the imagination prepared by education to receive it, emotions re- sembling those of the author. Literature operates on the few who seek its power, while the arts mingle their influences with the objects and pursuits of daily life. But as sources of pleasure, which, instead of degrading, elevate the mind, they make large demands on our gratitude and care. They occupy, in this way, a place so necessary to 224 Riedesels Letters and Memoirs. [Jan. be filled, that the nation, which can exist without them, must be, as the philosopher said of the man of solitude, much above or much below the common standard of humanity. ART. XI..Letters and Memoirs relating to the War of diner- scan independence, and the Capture of the German Troops at Saratoga. By MADAME DE RIEDEsEL. Translated from the Original German. New York. G. & C. Carvill. l2mo. pp. ~323. THE custom of employing mercenary troops in warfare is as ancient, perhaps, as the history of civilization. It is recog-. nised among the laws of nations, and justified on the ground, that it is lawful for any sovereign, in combating his enemies, to use such means as he can command, both by the physical strength and the wealth of his dominions. These two togeth.. er constitute the actual measure of his power, to the full extent of which he may exercise his legitimate authority, and repel hostilities. On the side of the mercenary it is alleged, that he has a right to enlist in the service of any country he chooses, provided he does it not to the injury of his own government, and particularly if he has its consent; and since, what is law- ful for one is lawful for all, any sovereign may aid another with mercenary forces, if the soldiers who compose them en- gage voluntarily in the service. No little casuistry has been exercised by writers in discussing these topics, hut into this labyrinth we are not about to enter, nor shall we inquire how far usage is borne out by strict principles of justice, or even by a sound policy. It is quite certain that the British ministry, at the beginning of the American revolution, had no scruples on the subject, and that in Parliament they strenuously defended the course they adopted. The military operations of 1775 in the Colo- nies had been less successful, than was anticipated, and it was resolved to send over an army the ensuing year, that should quell all disturbances and speedily put an end to the contest. It was proposed to augment this force to fifty-five thousand men, but no more than twenty-five thousand regular English troops could be spared for this purpose. To make up the deficiency, the

Riedesel's Letters and Memoirs 224-239

224 Riedesels Letters and Memoirs. [Jan. be filled, that the nation, which can exist without them, must be, as the philosopher said of the man of solitude, much above or much below the common standard of humanity. ART. XI..Letters and Memoirs relating to the War of diner- scan independence, and the Capture of the German Troops at Saratoga. By MADAME DE RIEDEsEL. Translated from the Original German. New York. G. & C. Carvill. l2mo. pp. ~323. THE custom of employing mercenary troops in warfare is as ancient, perhaps, as the history of civilization. It is recog-. nised among the laws of nations, and justified on the ground, that it is lawful for any sovereign, in combating his enemies, to use such means as he can command, both by the physical strength and the wealth of his dominions. These two togeth.. er constitute the actual measure of his power, to the full extent of which he may exercise his legitimate authority, and repel hostilities. On the side of the mercenary it is alleged, that he has a right to enlist in the service of any country he chooses, provided he does it not to the injury of his own government, and particularly if he has its consent; and since, what is law- ful for one is lawful for all, any sovereign may aid another with mercenary forces, if the soldiers who compose them en- gage voluntarily in the service. No little casuistry has been exercised by writers in discussing these topics, hut into this labyrinth we are not about to enter, nor shall we inquire how far usage is borne out by strict principles of justice, or even by a sound policy. It is quite certain that the British ministry, at the beginning of the American revolution, had no scruples on the subject, and that in Parliament they strenuously defended the course they adopted. The military operations of 1775 in the Colo- nies had been less successful, than was anticipated, and it was resolved to send over an army the ensuing year, that should quell all disturbances and speedily put an end to the contest. It was proposed to augment this force to fifty-five thousand men, but no more than twenty-five thousand regular English troops could be spared for this purpose. To make up the deficiency, the 1828.] Riedesels Letters and .Miemoirs. 25~5 ministers fell upon the expedient of employing mercenarlesq In the month of January, 1776, an agent was despatched to Germany, who first made a treaty with the duke of Brunswic, in which it was stipulated, that four thousand three hundred Brunswic troops should be at the disposal of the British gov- ernment for prosecuting the war in America. A few days afterwards, another treaty was concluded by the same agent with the Landgrave of Hesse, who agreed to furnish twelve thousand men. Similar treaties were also entered into with with the hereditary prince of Hesse, and the prince of Waldec. The whole amount of forces thus obtained in Germany, was somewhat over seventeen thousand men, all of whom, without much delay, were sent to America. When these proceedings were laid before Parliament, they were censured with great severity by the opposition, both as showing an inability on the part of England to cope with her enemies, a thing not to be acknowledged, and as sanctioning a principle in warfare, which violated justice, and the good faith due from every government to its subjects. It was said, more- over, that the terms imposed on England were extremely un~ reasonable, and manifested a spirit of cupidity in the German princes, which it was disgraceful to tolerate. There was much truth in this charge. Seven guineas, as bounty or levy money, were to be paid for every soldier. The Duke of Brunswic was to receive, in addition, a stipend of fifteen thousand five hundred pounds sterling a year, and twice this sum for the two years after the term of the soldiers~ service expired. The Landgrave of Hesse-Cassel was also to be paid one hundred and eight thousand pounds a year; and the other princes in the same proportion. These sums were exclusive of. the wages of the troops, which were likewise to be paid by the British government. The conduct of the German princes in these transactions has generally been reprobated by historians. They literally sold the sinews of their subjects, to be wasted in a foreign land, waging a war in which they could have no possible inter- est, and this for the unworthy consideration of a pecuniary recompense, which redounded to their personal benefit. It was a private bargain on their part, in which the moral agency and natural rights of the soldiers seem not to have been ta~ ken into the account. We have rQad of the humorist San.~ chos wish, said Lord Irnham in Parliament, that if he were VOL. xxvi..-No. 58. 29 Riedesels Letters and Jlemotrs. fJan. a prince, all his subjects should be blackamoors, as he could, by the sale of them, easily turn them into ready money;. but that wish, however it may appear ridiculous and unbecoming a sovereign, is much more innocent than a princes availing himself of his vassals for the purpose of sacrificing them in such a destructive war, where he has the additional crime of making them destroy much better and nobler beings than them- selves. A celebrated European writer observes, that it has not been uncommon for two nations to enter into compacts, by by which one should aid the other in furnishing troops or money in prosecuting a war, which either immediately or re- motely affected them both, but that it was reserved for an enlightened age to witness treaties, by which a sovereign con- demned his subjects to pour out their blood in a foreign cause, solely for the purpose of increasing his personal wealth. The Duke of Brunswics case is said to admit of extenuation. He had lately taken the reins of government; he found the finan- ces in an embarrassed condition, and the people impoverished; and he actually paid away all the money he received from Great Britain for the relief of his subjects. The Brunswic troops were put in motion, within six weeks after the treaty was concluded, under the command of the Baron de Riedesel. They proceeded first to England, and then to Canada, where they were incorporated into the English army under General Burgoyne, with whom they were event- ually captured at Saratoga. The little volume, which we are about to notice, consists of letters from General Riedesel to his wife, but chiefly of letters and memoirs written by herseif describing the principal events that happened to her and her husband during their seven years residence in America. The volume was printed many years ago in Germany, and is now for the first time translated into English. Madame de Riedesel early resolved to share her hus- bands fortunes in America; and as it was not convenient for her to depart with him, it was agreed that she should follow him to Quebec as soon as circumstances would permit. She left Wolfenbiittel, in Brunswic, on the fourteenth of May, 1776, and travelled in her own carriage by way of Brussels, Tour- nay, and St. Omer to Calais. Her children and servants were her only companions, and her chief confidence was plac- ed in good old Rockel, who had long been an appendage to her fathers family, and had attained the post of forester. 1828.] Riedesels Letters and ,Memoira. 227 Neither this old domestic, nor any of the party had been ac- customed to travelling, and various cross accidents fell out to try the patience of our heroine. Innkeepers were rude, dis- obliging, and exorbitant in their demands. Robbers had re- cently infested some parts of the road, and this naturally caus- ed alarm. But the journey was, on the whole, fortunate, and she arrived safely at Calais. We must not forget to mention, that she had three children, all daughters, namely; Gustava, who was four years and nine months old; Frederica, two years old; and Carolina, who was born ten weeks before she de- parted from Wolfenhiittel. Such a charge was enough to keep alive a deep anxiety in a mothers mind, and to require resolution and fortitude. But in these respects she proved herself ade qute to the task she had undertaken. Her tender- ness for her children, resolution in braving all difficulties, and habitual cheerfulness, were conspicuous from the beginning to the end of her wanderings. By the following extract she appears not to have been ex- empt from the common lot of inexperienced travellers, that of being imposed upon by interested persons. This is a tax, which all must pay at one time or another of their lives, and it will be happy if they escape with as little real inconvenience as Madame de Riedesel, although they will not be likely to fall into a more odd or embarrassing train of incidents. On our landing at Dover, we received many congratulations, on having supported so well the fatigues of so long a voyage; but this cost money. I was accosted by more than thirty innkeepers, who all begged me to take lodgings at their houses. I gave the preference to a French hotel, and was much pleased with it. It was a splendid establishment, and particularly remarkable for its extreme cleanliness. The custom-house officers came to visit the baggage, which was rather an irksome business; but I was pro- vided with letters for the collector, who, as soon as he was in- formed that the purpose of my voyage was to rejoin my husband in America, politely observed, that it would be very rude to vex the wife of a general, who had gone so far for the service of his king. This settled the matter. Having been obliged to leave my carriage at Calais, I found it necessary to take here a post- chaise for my journey to Londona mode of travelling, which is very expensive, as the transportation of the baggage is regulated according to its weight. I reached London on the evening of the 1st of June, and found many of my acquaintance there, among whom were Geu.r 228 Riedesels Letters and Ailemoirs. [Jan. al Schijeffen, M. de Kurtzleben, and Count Taube. My husband had written to the latter, begging him to procure for me private lodgings; but, for fear 1 should not come, he had given himself no trouble about it, by which I might have had better and cheap- er accommodations. I was, however, happy to see how much interest my husband had taken in my voyage, and how sure he was that I should keep my resolution, and I rejoiced so much the more that I did not yield to the apprehensions with which some persons endeavored to impress me. I must now mention a circumstance, which rendered my lodgings here rather disagreeable. I had trusted entirely to my landlord at Calais, to whom I had been recommended; but now I think that he abused my confidence, by sending over to England many things at my expense. He also advised me not to depart without being accompanied by some trusty man, because I should otherwise be exposed to great dangers; and he seemed to take much pains to procure such a person for me. He at length came with a well-dressed man, whom he introduced to me as a noble- man, a friend of his, who was willing to accompany me to Lon- don. I received him with great civility, and felt at a loss how to acknowledge his extreme politeness. In the carriage I begged him to take his seat next to me, and kept the children opposite to to me; thus endeavoring, by all means, to prevent them from being troublesome to him. lie affected the manners of a man of much consequence, and ate at my table during the whole journey. I observed, however, that the servants at the inns were on free and easy ternis with him; but I did not reflect much upon it, the obligation under which I thought I was to him, blinding me alto- gether. But I could not help feeling some astonishment when, at the hotel where we alighted, on our arrival in London, I was ushered into a miserable room in the fourth story, though I had asked for a good apartment, and had been assured by M. de Feronce, of Brunswic, that I should find splendid lodgings. I imagined that I could not have a better room because the house was already full, and general Schlieffen, and the other gentlemen who came to visit me, and, particularly, the ladies for whom the hereditary princess, now duchess of Brunswic, had given me let- ters of introduction, wondered that I was in so bad an abode. On the following day, the landlord came with an abashed air, and a most reverential demeanor, to ask me, whether I knew the man with whom I had arrived, and whom I had so particularly desired him to provide with good lodgings; (I had not thought proper to have him at my table in London.) I answered, that he was a nobleman, who, on the request of Mr Guilbaudin, my landlord at Calais, had been kind enough to accompany me on my 18~8.] Riedesels Letters and .Miemoirs. 229 journey. Ali! cried the landlord, that is one of his tricks. The man is a footman, a valet de place, a rogue, through whom he is glad to promote his own interest, Seeing him sitting next to you in your carriage, when you arrived, I could not, I confess, believe that you were the lady you pretended to be, and thought that these rooms were good enough for you. But I see now, by the persons that visit you, how much I was mistaken, and I ask your pardon, madam, and beg that you will follow me into another apartment, for which you shall not pay more than for that which you now occupy, for 1 really wish to atone by all means for my error. I thanked my host, and requested him to rid me of my companion as soon as possible. I was, however, obliged first to pay him four or six guineas (I do not remember the exact sum) for his company~ I could never forgive Mr Guil- haudin this trick; and he did not behave much better concerning my carriage. It was he who told me that it was prohibited to import carriages into England, arid advised me to leave mine in his care. I was afterwards informed, that his purpose was to do with it, what he had already done with other vehicles entrusted to him, namely, to hire it to travellers on their way to Germany. But this I prevented, by soliciting of Lord North permission to bring it over to England, free from duties. The minister immediately complied with my request, and though this detained me a few days, 1 found it much to my convenience and comfort to have waited for my carriage. pp. 6468. She remained in London only a few days, when she con.. tinued her journey to Bristol, at which port she intended to embark for Quebec in the first suitable vessel that should sail. Here she resided three or four months, prevented by various obstacles from taking her departure, till at length the season was far advanced. She then wrote for advice to Lord George Germaine, Secretary of State for America, who offered her a passage in a packet-ship, which was about to sail. Resolving to accept this offer, she went to Portsmouth for the purpose of taking passage, but here she was discouraged from entering upon a voyage to Canada, which was deemed hazardous on the approach of winter, and which at all events would be at- tended with infinite discomfort to a lady with three young children. The voyage was given up for the winter, and she returned to London, where she stayed till spring. She speaks cheerfully of the manner in which the time passed during this period, although she had been severely disappointed in not being able to join her husband as soon as she expected. Hours and days that might otherwise have been tedious, she beguiled 230 Iliedesels Letters and Memoirs. [Jan. by devoted attention to her children. A circle of friends, in the first ranks of society, afforded her solace and ration- al amusement. She was introduced to the king and queen, who expressed a lively interest in her situation, and gave her some testimonies of their esteem. In April she sailed for Quebec, where she arrived on the eleventh of Juiie. General Riedesel was then with the army at Chambly, and his wife remained in Quebec only long enough to dine with lady Carleton, and then hastened onward to meet him. Before she landed, an express had been despatched to give him notice of her arrival. Upon reaching Chambly, she writes, I saw several of our officers, and my coachman, whom my husband had left here. I ran towards the latter to inquire after Mr de Riedesel. He is on his way to meet you, replied he, between here and Ber- thicux; (fifteen miles from Chambly.) I was not a little cha- grined at my ill luck. However, General Carleton, who was one of the officers present, approached, and assured me that my hu~- band would certainly be hack, at the latest, on the following day. He then took leave of me and returned to Quebec, after having sur- rendered to General Burgoyne the command of the army. One of my husbands aids-de-camp remained with me, and the time, until the next day, seemed to me uncommonly long. Meanwhile my children, and the honest Rockel, watched on the road, in the hope that M. de Riedesel might yet arrive that evening; and, indeed, a chaise was at length seen advancing up the road, and a Canadian in it. I saw the vehicle stop, the traveller alight, run towards my children, and fold them in his arms. It was my husband! not having yet got rid of his fever, he wore (though it was summer) a blanket-coat or gown, with ribands, and the usu- al blue and red fringes, in the Canadian fashion. With my baby in my arms, I ran as quick as I could to join the beloved group. My joy was inexpressible, tbou~h I beheld with painful feelings the sickly and wearied looks of my poor husband. I found my two daughters bathed in tears; the eldest from joy to see her fath- er again, and the second, because he wore a dress so different from that with which lie is represented in the portrait she was woaf to see, and from which she had conceived that he ~vas as el- egant as handsome. No, no! this is an ugly papa, cried she in English, my papa is pretty; and she would not go to him. But as soon as he had thrown off his Candian coat, she jumped upon his neck. pp. 124, 125. We shall not pursue the thread of Madame de Riedsels narrative, respecting the movements of the army under Bur 1828.] Riedesels Letters and Memoirs. 231 goyne, from this period till the disasters of Saratoga, although it contains a few facts worthy to be recorded for their historical value, and is throughout spirited and entertaining. Some of her descriptions of what she experienced and witnessed, just before the surrender of the Brjtish army, are of too remarkable a cast to be omitted. They depict in strong colors the horrors and distresses of war, while they afford an eminent example of female resolution and endurance. While breakfasting with my husband, I heard that something was under contemplation. General Fraser, and, I believe, Gen- erals Burgoyne and Phillips were to dine with me on that day. I remarked much movement in the camp. My husband told me it was a mere reconnoissance; and as this was frequent, I was not much alarmed at it. On my way homeward, I met a number of Indians armed with guns, and clad in their war dresses. having asked them where they were going, they replied, War, war, by which they meant they were about to fight. This made me very uneasy, and I had scarcely got home, before I heard reports of guns; and soon the fire became brisker, till at last the noise grew dreadful, upon which I was more dead than alive. About 3 oclock in the afternoon, instead of guests whom I had expect- ed to dine with me, I saw one of them, poor General Fraser, brought upon a hand-barrow, mortally wounded. The table, which was already prepared for dinner, was immedjately removed and a bed placed in its stead for the General. I sat terrified and trembling in a corner. The noise grew more alarming, and I was in a continual agony and tremor, while thinking that my husband might soon also be brought in, wounded like General Fraser. That poor General said to the surgeon, Tell me the truth; is there no hope? His wound was exactly like that of Major Harnage; the ball had passed through his body, but un- happily for the General, he had that morning eaten a full break- fast, by which the stomach was distended, and the ball, as the surgeon remarked, passed directly through it. I heard often amidst his groans, such words as these, 0 bad ambition! poor General Burgoyne! poor Mistress Fraser. * Prayers were read, after which he desired that General Burgoyne should be requested to have him buried on the next day, at 6 oclock in the eveniflg, on a hill where a breastwork had been constructed. I knew not what to do; the entrance and all the rooms were full of sick, in consequence of the dysentery which prevailed in the camp. At length, towards evening, my husband came, and from *~ In the original work, these words are in English, as here written. 232 Riedesels Letters and .Memorrs. [Jan. that moment my affliction was much soothed, and I breathed thanks to God. He dined with me and the aids-de-camp in great haste, in an open space in the rear of the house. We poor fe-. males had been told, that our troops had been victorious; but I well saw, by the melancholy countenance of my husband, that it was quite the contrary. On going away, he took me aside, to tell me everything went badly, and that I should prepare myself to depart, but without saying anything to any body. Under the pre- tence of removing the next day to my new lodgings, I ordered the baggage to be packed up. Lady Acklands tent was near ours. She slept there, and spent the day in the camp. On a sudden, she received the news that her husband was mortally wounded and taken prisoner. She was much distressed; we endeavored to persuade her that the wound was not so dangerous, but advised her to ask permission to join her husband, to take care of him in his sickness. She was much attached to him, though he was rude and intemperate; yet he was a good officer. She was a lovely woman. I divided the night between her whom I wished to comfort, and my children who were asleep, but who, I feared, might disturb the poor dying General. He sent me several mes- sages to beg my pardon for the trouble he thought he gave me. About 3 oclock, I was informed that he could not live much longer, and as I did not wish to be present at his last struggle, I wrapped my children in blankets, and retired into the entrance hall. At 8 oclock in the morning he expired. After he had been washed, he was wrapped in a sheet, and laid out. We then returned into the room, and had this melan- choly spectacle before us the whole day. Many officers of my acquaintance were brought in wounded, and the cannonade con- tinued. There was some tik of retreating, but I saw no indica- tions of it. About 4 oclock in the afternoon, I saw the house which had been built for me, in flames, from which I inferred that the enemy was near. We were informed, that General Burgoyne intended to comply with General Frasers last request, and to have him buried at 6 oclock, in the place which he had designat- ed. This occasioned an useless delay, and contributed to our military misfortunes. At 6 oclock, the corpse was removed, and we saw all the generals, with their retinues, on the hill, assisting at the funeral ceremony. The English chaplain, Mr Brudenel, officiated. Cannon balls flew around and above the assembled mourners. General Gates protested afterwards, that had he known what was going on, he would have stopped the fire imme- diately. Many cannon balls flew close by me, but my whole at- tention was engaged by the funeral scene, where I saw my hus- band exposed to imminent danger. This, indeed, was not a mo- ment to be apprehensive for my own safety. pp. 168172. 1828.] Riedesels Letters and Memoirs. 233 The following events took place after the affair of Bemuss Heights, while the British army was retreating towards Sara.. toga. About 2 oclock, we heard again a report of muskets and can- non, and there was much alarm and bustle among our troops. My husband sent me word, that I should immediately retire into a house which was not far off. I got into my calash with my children, and when we were near the house, I saw, on the oppo- site bank of the Hudson, five or six men, who aimed at us with their guns. Without knowing what I did, I threw my children into the back part of the vehicle, and laid myself upon them. At the same moment the fellows fired, and broke the arm of a poor English soldier, who, stood behind us, and who, being already wounded, sought a shelter. Soon after our arrival, a terrible can- nonade began, and the fire was principally directed against the house, where we had hoped to find a refuge, probably because the enemy inferred, from the great number of people who went towards it, that it was the headquarters of the generals, while, in reality, none were there except women and crippled soldiers. We were at Ja~t obliged to descend into the cellar, where I laid myself in a corner near the door. My children put their heads upon my knees. An abominable smell, the cries of the children, and my own anguish of mind, did not permit me to close my eyes, during the whole night. On the next morning, the cannonade begun anew, but in a different direction. I advised my fellow. sufferers to withdraw, for a while, from the cellar, in order to give time to clean it, for we should otherwise injure our health. On an inspection of our retreat, I discovered that there were three cellars, spacious and well vaulted. I suggested, that one of them should be appropriated to the use of the officers who were most severely wounded, the next to the females, and the third, which was nearest to the staircase, to all the rest of the company. We were just going down, when a new thunder of cannon threw us again into alarm. Many persons, who had no right to enter, threw themselves against the door. My children were already at the bottom of the staircase, and every one of us would probably have been crushed to death, had I not put myself before the en- trance, and resisted the intruders. Eleven cannon balls passed through the house, and made a tremendous noise. A poor soldier, who was about to have a leg amputated, lost the other by one of these balls. All his comrades ran away at that moment, and when they returned, they found him in one corner of the room, in the agonies of death. I was myself in the deepest distress, not so much on account of my own dangers, as of those to which my husband was exposed, who, however, frequently sent me messa- VOL. XXVI.--NO. 58. 30 234 Riedesels Letters and .Miemosrs. [Jan. ges, inquiring after my health. Major Harnages wife, a Mrs Reynell, the wife of the good lieutenant who had, on the prece- ding day, shared his soup with me, the wife of the commissary, and myself, were the only officers wives at present with the army. We sat together, deploring our situation, when somebody having entered, all my companions exchanged looks of deep sor- row, whispering at the same time to one another. I immediately suspected that my husband had been killed. I shrieked aloud; but was immediately told that nothing had happened to my husband, and was giVefl to understand, by a sidelong glance, that the lieu- tenant had been killed. His wife was soon called out, and found that the lieutenant was yet alive, though one of his arms had been shot oft~, near the shoulder, by a cannon ball. We heard his groans and I entati6ns during the whole night, which were dread- fully reechoed through the vaulted cellars; and in the morning he expired. My husband came to visit me, during the night, which served to diminish my sadness and dejection, in some de- gree. On the next morning, we thought of making our cellar a more convenient residence. Major Harnage and his wife, and Mrs Reynell, took possession of one corner, and trans- formed it into a kind of closet, by means of a curtain. I was also to have a similar retreat; but I preferred to remain near the door, that I might escape more easiJy in case of fire. I had straw put und~n my mattresses, and on these I laid myself with my children; and my female servants slept near us. Opposite to us were three officers, who, though wounded, were determined not to remain behind, if the army retreated. One of them was Captain Green, aid-de-camp to General Phillips, and a very amia- ble and worthy gentleman. All three swore they would not de- part without me, in case of a sudden retreat, and that each of them would take one of my children on his horse. One of my husbands horses was constantly in readiness for myself. M. de Riedesel thought often of sending me to the American camp, to save me from danger; but I declared that nothing would be more painful to me, than to live on good terms with those with whom he was fighting; upon which he consented that I should continue to follow the army. However, the apprehension that he might have marched away, repeatedly intruded itself into my mind; and, I crept up the staircase, more than once, to confirm or dispel my fears, and when I saw our soldiers near their watch-fires, I be- came more calm, and could even have slept. pp. 179183. After Burgoynes surrender, the British and German troops were all marched to Cambridge, and General Riedesel and his lady accompanied them. Here they resided a full year very quietly and happily, as our author writes, till Novern 1828.] Riedesels Letters and ,Memoirs. her, 1778, when the convention troops were ordered by Con- gress to be transferred to Charlottesville in Virginia. This journey of more than six hundred miles at the opening of winter, was attended with great inconvenience to Madame de Riedesel and her children. The weather was very cold, and the roads in some places were blocked up with snow; their accommodations were frequently bad, and, to fill up the catalogue of evils, the people whom they met on the way were sometimes hardhearted and uncivil. They felt an antipathy to the German troops, who had come into a foreign land to espouse a quarrel in which they had no concern; and perhaps it was not unnatural that this feeling should be indulged towards the family of their general, among a people suffering under the calamities of war, and not accustomed to subdue strong emotions, or to inculcate humanity and kindness as a habit. There can be no apology, however, for the incivilities practised on some occasions, and we have no reason to think Madamo de Riedesels complaints exaggerated or unjust. From Cambridge to New J~ey she travelled under the protection of Colonel Robert Troup, an officer in the American army. We transcribe the followir~g extract from the original of Colonel Troups letter to General Gates, dated at Sussex Court House, New Jersey. We had the happiness of reaching Sussex the day before yes- terday in the afternoon. You cannot conceive the difficulties we have met with on the road. The people, in almost every house we stopped at, seemed to take pleasure in making our stay as un- comfortable as possible. I am sorry to add, that the women were very impolite to Madame de RiedeseL They could not banish from their minds the notions they have ifubibed of the cruelties, which our have received. Some were afraid of being prisoners plundered by us, and others of being killed. One young girl, who had been lately married, cried and guashed her teeth near two hours, because I requested her to let Madame de Riedesel sleep in her bedroom, where she had a few gowns, pots, and trammels. Indeed such has been the incivility of all ranks and degrees to us, that I have suffered the most painful anxiety eter since I left Cambridge. Madame de Riedesel, the General, and his family have shown me every mark of complaisance and re- spect. They and the children were very well a few minutes ago, when they set off for Easton. The militia guard, that escorted the Generals baggage from Hartford to the York line, broke open some of the boxes and plundered them. At last they arrived in Charlottesville, after a fatiguing Riedesets Letters and .Memoirs. [Jan. journey of nearly three months, in the midst of winter. Gen- eral Riedesel had gone forward with the troops, and provided lodgings for his family. This was about the middle of Febru- ary, 1779, and they stayed in Charlottesville till near the close of the year, when the officers of the convention troops proceed- ed to New York to be exchanged. They had been in captiv- ity more than two years. Indeed the exchange did not actu- ally take place till the autumn following. In the mean time Madame de Riedesel presented her husband with a fourth daughter, whom they named~ .tlmerica. Soon after the ex- change was effected, General Riedesel was appointed to a command over the British troops on Long Island, where he and his family passed the spring and part of the summer of 1781. He at length desired permission of General Clinton to return to Canada, and take charge of the remnant of his regiments, that had been left there before Burgoynes expedition. They sailed for Quebec, which place they reached in Septem- ber, having touched at Halifax on the way. Governor Hal- dimand stationed General Riedesel at Sorel, at which place he held his headquarters during the remainder of his residence in America, making frequent excursions, however, to Quebec and Montreal, and he and his lady apparently passing their time in contentment and happiness. When peace was ratified and the war closed, they returned to England, where they received tokens of kindness from the king and queen, and at- tentions from numerous persons of rank. They stayed but a short time in England, and hastened onward to meet their friends in Brunswic, where they arrived after an absence of more than seven years. The above is a brief and meagre sketch, and our purpose will be answered if any one shall be induced by it to resort to the volume itself. It abounds with curious and interesting facts, related in a sprightly style, and, as far as the writers knowledge extended, we believe with a strict regard to veracity. We must demur at some two or three of the worthy ladys anec- dotes about tarring and feathering a most respectable woman, and the advice of an American gentleman to cut off the cap- tive generals heads. In giving heed to these tales, her cre- dulity got the better of her good sense; but we repeat, that in whatever she relates as coming under her own observation, we put implicit confidence, and are induced to do it, not more from internal evidence, than from the circumstance, that her 1828.] Riedesels Letters and Memoirs. 237 repretentations accord in all essential particulars, with authen- tic history. She mentions one incident, worthy of notice more from its singularity, perhaps, than its importance. While the articles of convention were in progress at Saratoga, the Bruns- wic officers took care to conceal their colors, after having burnt the staves to which they were attached. At the time of the capitulation, they gave out that the colors were destroyed, hut they were secreted among the baggage, and conveyed in this manner to Cambridge. When they were about to commence their march to Virginia, it became necessary to make some other disposition of the colors to prevent a discovery. Madame de Riedesel devised the plan of concealing them in a mattress, and shut herself up with a tailor in her own room to execute this work. This mattress was taken to New York by a Brit- ish officer instead of a bed, and thence to Halifax. At this place Madame de Riedesel received it on her voyage to Can- ada, and during all the rest of the passage slept upon these honorable badges. A different fate awaited the Hessian ban- ners, which were taken at Trenton. General Washington presented them to the state of Pennsylvania, as a testimony of the good conduct of the Pennsylvania troops at the battle of Trenton. They are now in a most unseemly plight, in the office of the Secretary of State at Harrisburg, tattered and torn, and thrust away in a dark corner as useless rags. For ourselves, we acknowledge that we could not witness, without emotion, the indignities thus practised upon what our fathers honored as trophies of the brave, and as testimonials of great deeds in the cause of justice and freedom. There is no better safeguard for a nation, than a reverence for the noble acts of its departed sages, heroes, and patriots, and whatever tends to perpetuate the remembrance of such acts, should be preserved with scrupulous care. The translation of the volume, to which our attention has been drawn, is understood to have been made by M. de Wallen- stein, already favorably known to the public in this department, by his xv~jl executed version of the Leper of tiost, and the Russian Tales. The extracts given above are enough to show, in what manner his task has been performed in the pres- ent instance. He manages the English idiom with skill, and combines, with a ready use of words, an ease and vivacity of style. An original preface of considerable length has been prefixed by M. de Wallenstein, which adds to the value of the Iliedesels Letters and .Tkliemorrs. [Jan. work. We agree fully with his opinions, as expressed in the following passage. Madame de Riedesels memoirs and letters may claim, in ad- dition to an equal interest with the works just mentioned, that, also, which belongs to the true picture of a conjugal devotion, of which there are few brighter examples, whether in history, biographies, memoirs, or even in novels ;of fortitude, courage, and confidence in Providence, of which there can never be afford- ed too many examples for the eventual profit of the happiest, or the support of those who need encouragement and consolation and of success in a most arduous but noble undertaking, which, also, may be a lesson to all who have duties to fulfil, that seem above their strength. The moral of the story is more striking and impressive, coming from a femalea lady, who by birth and rank was probably the least prepared to encounter dangers fit only for the professional soldier. Whatever may be thought of the politi- cal expediency of admitting into camps, in the midst of actual war, the sex whose organization and whose duties are calculated for the sunny season of peace, the promptitude with which she hastened to traverse the ocean, in order to share with her hus- band, toils, sufferings, want, or death, and the reflected courage with which she disregarded the chances of a struggle, in which she had been told that savages were a portion of the belligerents; will ever be interesting as a new example of the strenuous exer~ tions to which female tenderness can be exalted. There has been, indeed, in recent times but one brighter example of female fortitude and affection. Madame de Larochejaquelin stands alone in inimitable grandeur and goodness, in the midst of circum- stances, which put her sex to trials unknown before, and which we devoutly wish may never more return to urge even a heroine equally courageous and amiable, upon the scene of civil wars. For the public to whom this translation is presented, it has, moreover, a national interest. Madame de Riedesels memoirs are a genuine appendix to American history. They trace nation- al events, and delineate the state of society, in this country, at one of its most momentous epochs. Names that will go down to posterity, with the memory of lofty actions and events of a new, lasting, and far-spreading character, are here brought together by one, who was the friend, the associate, the companion, or, at least, the acquaintance of their bearers; of Washington, Gates, Schayler, Carleton, Burgoyne, Phillips, and the person the near- est related to the noble authoress, General Riedesel. pp. 811. In the volume is contained a memoir by General Riedesel, on the transactions at Saratoga, written immediately after they 1828.1 Danas Poems. 239 took place. It throws a good deal of new light on the events of Burgoynes campaign, and is an important document among the materials for a history of the American revolution. ART. XII.Poems; by RICHARD H. DANA. Boston. Bowles and Dearborn. 1827. l8rno. pp. 113. To say that this work is by the author of The Idle Man, is the same thing as to say, that it is written by a man of genius, who possesses the essential qualities of a poet. The Idle Man, which came out in numbers in 182 12, notwithstanding the cold reception it met with from the public, we look upon as holding a place among the first productions of American literature. It will be referred to hereafter, we doubt not, as standing apart from the crowd of contemporary writings, and distinguished by a character of thought and expression pe-. culiarly its own. One reason why it took so little at its first appearance, was probably the hardihood with which its author slighted the usual arts of attracting the public attention, and conciliating the public favor. It was not a work that reflected the passing image of the day; and the author adopted no fash.. ionable modes of expression, submitted to no fashionable canons of criticism, copied no popular author, and intimated no con- sent to favorite opinions, He seems to have fixed his attention only upon what he thought the permanent qualities of 1iterature~ and his work is one which will be read with the same pleasure a century hence, as at the present time. It does not, therefore, abound with the dexterous allusions to subjects of temporary and accidental interest, and topics of popular reading, by which a degree of sprightliness and attraction is often given to works, that a few years afterwards seem to have unaccountably parted with all their life and spirit. The opinions of the author are thrown off without any discreet reserve, or obsequious qualification, to mitigate the censures of the critic. The style of The Idle Man is genuine mother English, formed from a study of the elder authors of the language, with now and then a colloquial expression of the humblest kind, elevated into - unexpected dignity, or an obsolete word or phrase revived, as if on purpose to excite the distaste of ~he admirers of a stately

Dana's Poems 239-248

1828.1 Danas Poems. 239 took place. It throws a good deal of new light on the events of Burgoynes campaign, and is an important document among the materials for a history of the American revolution. ART. XII.Poems; by RICHARD H. DANA. Boston. Bowles and Dearborn. 1827. l8rno. pp. 113. To say that this work is by the author of The Idle Man, is the same thing as to say, that it is written by a man of genius, who possesses the essential qualities of a poet. The Idle Man, which came out in numbers in 182 12, notwithstanding the cold reception it met with from the public, we look upon as holding a place among the first productions of American literature. It will be referred to hereafter, we doubt not, as standing apart from the crowd of contemporary writings, and distinguished by a character of thought and expression pe-. culiarly its own. One reason why it took so little at its first appearance, was probably the hardihood with which its author slighted the usual arts of attracting the public attention, and conciliating the public favor. It was not a work that reflected the passing image of the day; and the author adopted no fash.. ionable modes of expression, submitted to no fashionable canons of criticism, copied no popular author, and intimated no con- sent to favorite opinions, He seems to have fixed his attention only upon what he thought the permanent qualities of 1iterature~ and his work is one which will be read with the same pleasure a century hence, as at the present time. It does not, therefore, abound with the dexterous allusions to subjects of temporary and accidental interest, and topics of popular reading, by which a degree of sprightliness and attraction is often given to works, that a few years afterwards seem to have unaccountably parted with all their life and spirit. The opinions of the author are thrown off without any discreet reserve, or obsequious qualification, to mitigate the censures of the critic. The style of The Idle Man is genuine mother English, formed from a study of the elder authors of the language, with now and then a colloquial expression of the humblest kind, elevated into - unexpected dignity, or an obsolete word or phrase revived, as if on purpose to excite the distaste of ~he admirers of a stately Danas Poems. [Jan. or a modernized diction. It is free from all commonplace ornaments, from all that multitude of stock metaphors and illustrations which have answered the uses of authors from time immemorial. Add to this that the speculations of the author were as much his own as his style. An original turn of thinking is not the surest passport to immediate popularity. It is much easier, and sometimes much safer, to follow one who thinks in the common track. The most popular authors for the time, and often the most agreeable also, are those who glean up with address the thoughts of others, place them in perspicuous or striking lights, and make them look new by some artful collo- cation or embellishment, some liveliness of fancy, or skill of contrast. These writers give the mind the gentlest possible exercise, by detaining it on things with which it is already fa- miliar; they never task nor fatigue the intellectual faculty. But it is no light labor to follow the highly original thinker. It requires somewhat of the same effort to grasp and compre- hend his conceptions, which it cost him at first to bring them out of the shadows that surround the remoter excursions of thought, to reduce them to distinct shape, and to fix them in language. If there be at the same time anything peculiar and unusual in his style, the difficulty is rather increased than diminished. It is only when his writings have had time to pro- duce their effect upon the public mind, it is only when some of the materials he has furnished have passed into the common stock, out of which the multitude of authors draw materials of speculation, that the man of truly profound and original thought can receive the full measure of his fame. It might be thought, however, that all this would be compen- sated for byihe strength of imagination, and power in the description and expression of feeling, shown in the work. But the authors imagination is commonly employed in raising up gloomy creations, and his talent at laying open the workings of the human heart, in the delineation of the darker and sterner passions. We have heard these things somewhat strangely mentioned, as being of themselves, in the abstract, an objection to the work. Such critics, we suppose, would be for fitting out King Lear with a fortunate catastrophe, striking out the last act of Othello, and expunging from Paradise Lost the story of the fall and contrition of our first parents. For our- selves, we are willing to leave men of genius at liberty to exert Danas Poems. 241 1828.] their powers in their own way, provided that, like those of the author of The Idle Man, they are exerted to purposes of goodness and virtue. Sadness is oftentimes as wholesome as mirth. The melancholy Jacques has been thought as good a moralist as the funny Touchstone. Nobody ever thought of quarrelling with the landscapes of Salvator Rosa, because they were not painted like those of Claude. If he had taken the advice of some cold-blooded connoisseur, if any such lived in his day, and had undertaken to tame down the stern and sav- age grandeur of his pieces, and to make them pretty, pleasing, and cheerful, he would only have spoiled them. There is another peculiarity in The Idle Man, which, while it is the source of m~iny of its excellences, may possibly have had some effect in preventing its immediate popular- ity. With a great majority of mankind, the emotions of the mind are neither profound nor lasting. Every event brings with it its attendant excitement, either cheerful or sad, and this excitement passes away with the event, as the shadow departs with the object. Their feelings may be often acute and noisy, but they are at the same time brief and superficial. But there are minds of a different mould, upon which the passions fasten more strongly, and where they inhabit longer, devouring the heart in secret. These are the characters, which afford the best opportunity for the analysis of the passions. In these, if we may so speak, the passions sit to be painted; and of these the author of The Idle Many has taken advantage for the exercise of a talent, which he possesses in a remarkable degree. He loves to describe a peculiar and unhappy mood of the mind, cherished, as if by a kind of fatality, instead of being healed, by the succession of events, and the lapse of time; drawing into its vortex all the lesser and feebler emotions, and making them its own nourishment. He loves to show, not merely the agita- tions of the surface, but the whole ocean upheaved from its profoundest depths, and refusing to be appeased, although calm and sunshine have returned to the atmosphere. These states of the mind are described with great force by the author of The Idle Man, and give occasion to scenes of true pathos, and successful delineations of strong emotion. It is not to be expected, that this kind of writing will please all readers alike. Some, who have never perceived in their own minds any ten- dency to the process it describes, will not sympathize with it, because they will imperfectly comprehend it; and to others it vOL. xxvl.No. 58. 31 Danas Poems. [Jan. will appear painful, although they cannot deny its power. Of the other merits of The Idle Man, of that delicacy of moral sentiment which pervades and hallows the whole, and that rare susceptibility to the influences of external nature which imparts to it such a charm, we need not speak, for these are perceived by every reader. We have dwelt the longer on what we had to say of The idle Man, because the peculiarities of that work are much the same with those of the Poems. In poetry, however, we believe they will he likely to find more favor than in prose. The Teutonic strength of the authors style is favorable to poetic expression; and the study of the old English authors is now justly looked upon, as a necessary part of poetic disci- pline. It is indeed curious to see, with what pertinacity the art of verse rejects the more worthless innovations on our language, and how steadily it preserves the picturesque and impassioned diction of our ancestors. The contemplative nature of poetry, also, its love of plaintive themes, the liberty it allows of dwell- ing long and enthusiastically on the emotions of the heart, and the depth and intensity of coloring it requires, are all in our authors favor. We like this work the better, perhaps, because some of its merits are of a kind not common in modern poetry. It is simple and severe in its style, and free from that perpetual desire to be glittering and imaginative, which dresses up every idea that occurs in the same allowance of figures of speech. As to what is called ambition in style, the work does not contain a particle of it; if the sentiment, or image, presented to the readers mind be of itself calculated to make an impres- sion, it is allowed to do so, by being given in the most direct and forcible language; if otherwise, no pains are taken to make it pass for more than it is worth. There is even an occasional homeliness of expression, which does not strike us agreeably, and a few passages are liable to the charge of harshness and abruptness. Yet altogether, there is power put forth in this little volume, strength of pathos, talent at description, and command of language. There is the same propensity, as was exhibited in The Idle Man, to deal with strong and gloomy passions, with regret, remorse, fear, and despair; with feelings over which present events have no control except to aggravate them, and which look steadily back to the unalterable past, or forward to the mysterious future. 1828.] Danas Poems. 243 The first and longest of the poems in this collection, The Buccanneer, is a story of supernatural agency, founded, as the author says in his Preface, on a tradition relating to an island off the New England coast. It is a narrative of a murder committed by a piratical, hardhearted man, of whom the whole island stood in awe, and who at last comes to a strange and horrible end. The poem opens beautifully, with the following lines, descriptive of the island in its present state. The island lies nine leagues away. Along its solitary shore, Of craggy rock and sandy bay, No sound but oceans roar, Save, where the bold, wild sea-bird makes her home, Her shrill cry coming through the sparkling foam. But when the light winds lie at rest, And on the glassy, heaving sea, The black duck, with her glossy breast, Sits swinging silently; How beautiful! no ripples break the reach, And silvery waves go noiseless up the beach. And inland rests the green, warm dell; The brook conies tinkling down its side; From out the trees the sabbath bell Rings cheerful, far and wide, Mingling its sound with bleatings of the flocks, That feed above the vale amongst the rocks. Nor holy bell, nor pastoral bleat In former days within the yule ~ Flapped in the bay the pirates sheet; Curses were on the gale; Rich goods lay on the sand, and murdered men; Pirate and wrecker kept their revels then. But calm, low voices,, words of grace1 Now slowly fall upon the ear; A quiet look is in each face, Subdued and holy fear: Each motion s gentle; all is kindly done Come, listen, how from crime this isle was won. pp. 13. The desperate and daring character of the Buccanneer, the gentleness and sorrows of her whose death he had caused, the ruffians guilty revels, his fits of remorse for his crime, the gradual and complete triumph of that remorse over his mind 244 Danas Poems. [Jan. and the final and terrible retribution of his guilt, are very well managed. The incidents are strongly conceived, and brought before the reader, with great distinctness of painting. It seems to us, however, that the rough brutality of the Buccanneer s character is sometimes brought out so broadly, as to have rather an nupleasing effect. Yet nothing, it seems to us, can be better in its way, than the passage in which his remorse is described, after it had finally mastered and subdued his spirit. He views the ships that come and go, Looking so like to living things. 0! t is a proud and gallant show Of bright and broad-spread wings Flinging a glory round them, as they keep Their course right onward through the unsounded deep. And where the far-off sand-bars lift Their backs in long and narrow line, The breakers shout, and leap, and shift, And send the sparkling brine Into the air; then rush to mimic strife Glad creatures of the sea! how all seems life ! But not to Lee. He sits alone; No fellowship nor joy for him. Borne down by wo, he makes no moan, Though tears will sometimes dim That asking eye.O, how his worn thoughts crave Not joy again, but rest within the grave. The rocks are dripping in the mist That lies so heavy off the shore. Scarce seen the running breakers ;list Their dull and smothered roar! Lee hearkens to their voice. I hear, I hear You call.-Not yet !I know my time is near! And now the mist seems taking shape, Forming a dim, gigantic ghost, Enormous thing !There s no escape; T is close upon the coast. Lee kneels, but cannot pray.Why mock him so? The ship has cleared the fog, Lee, see her go! A sweet, low voice, in starry nights, Chants to his ear a plaining song. Its tones come winding up those heights, Telling of wo and wrong; 1828.] Danas Poems. 245 And he must listen till the stars grow dim, The song that gentle voice doth sing to him. 0, it is sad that aught so mild Should bind the soul with bands of fear; That strains to soothe a little child, The man should drea4 to hear! But sin hath broke the worlds sweet peaceunstrung The harmonious chords to which the angels sung. In thick, dark nights he d take his seat High up the cliffs, and feel them shake, As swung the sea with heavy beat Belowand hear it break With savage roar, then pause and gather strength, And then, come tumbling in its swollen length. But thou no more shalt haunt the beach, Nor sit upon the tall cliffs crown, Nor go the round of all that reach, Nor feebly sit thee down, Watching the swaying weeds :another day, And thou It have gone far hence that dreadful way. pp. 3638. The next poem, entitled The Changes of Home, is of a more humble character, and with less action in the narrative, but it pleases us more than the first. It is in the heroic couplet, and reminds us very strongly of the poetry of Crabbe. It is, in- deed, such a tale as he might have written, with more fancy, it is true, more warmth of coloring, a deeper and more contin- ued pathos, and more delicacy of style; but with all his skill of minute and graphic description, his intermixture of dialogue, a good deal of his peculiar rhythm, and a few of his harsh inver- sions. Every part of this little story is imbued with a deep sadness. One who has long wandered in foreign lands, returns to the place of his birth, and the residence of his early youth, and finds every thing changed. He inquires for those whom he once knew; he is shown an insane woman, whom he re- membered as a blooming maiden; and is told a tale of love, misfortune, and death. We should spoil it by attempting to give its particulars in our prose. The following are among the introductory lines, How like eternity doth nature seem To life of manthat short and fitful dream! I look around me ;no where can I trace Lines of decay that mark our human race. 246 Dai~as Poems. [Jan. These are the murmuring waters, these the flowers I mused oer in my earlier, better hours. Like sounds and scents of yesterday they come. Long years have past since this was last my home! And I am weak, and toil-worn is my frame; But all this vale shuts in is still the same: T is I alone am changed; they know me not I feel a strangeror as one forgot. The breeze that cooled my warm and youthful brow, Breathes the same freshness on its wrinkles now. The leaves that flung around me sun and shade, While gazing idly on them, as they played, Are holding yet their frolic in the air; The motion, joy, and beauty still are there But not for me !I look upon the ground: Myriads of happy faces throng me round, Familiar to my eye; yet heart and mind In vain would now the old communion find. Ye were as living, conscious beings, then, With whom I talkedbut I have talked with men! With uncheered sorrow, with cold hearts I ye met; Seen honest minds by hardened craft beset; Seen hope cast down, turn deathly pale its glow; Seen virtue rare, but more of virtues show. Yet there was one true heart: that heart was thine, Fond EmmelineO God! it once was mine. It beats no more. Cruel and fierce the blow That struck me down, that laid my spirit low ; No feeble grief that sobs itself to rest Benumbing grieg and horrors filled my breast: Dark death, and sorrow dark, and terror blind They made my soul to quail, they shook my mind 0! all was wildwild as the driving wind. pp. 49, 50. The two poems that follow, entitled The Husbands and Wifes Grave, and The Dying Raven, both in blank verse, are characteristic of the author, and fine in their way. Mr Dana seems to gain something in freedom of expression, by exchanging rhyme for blank verse, and to lose nothing, as many poets do, in condensation of thought. There are two pieces in the volume, of a more cheerful cast, The Clump of Daisies, and The Pleasure Boat. The latter is sprightly and graceful, a praise which we are glad to see that the anthor can earn when he pleases. With the following stanzas from this poem, we take our leave of the work. 182$.] Danas Poems. 247 Now, like the gull that darts for prey, The little vessel stoops; Then, rising, shoots along her way, Like gulls in easy swoops. The sun-light falling on her sheet, It glitters like the drift, Sparkling, in scorn of summers heat, High up some mountain rift. The winds are freshshe s driving fast. Upon the bending tide, The crinkling sail, and crinkling mast, Go with her side by side. Why dies away the breeze so soon? Why hangs the pennant down? The sea is glassthe sun at noon. Nay, lady, do not frown; For, see, the winged fishers plume Is painted on the sea. Below s a cheek of lovely bloom. ~Whose eyes look up at thee? She smiles; thou needst must smile on her. And, see, beside her face A rich, white cloud that doth not stir. What beauty, and what grace! And pictured beach of yellow sand, And peaked rock, and hill, Change the smooth sea to fairy land. How lovely and how stIll! From yonder isle the thrashers flail Strikes close upon the ear The leaping fish, the swinging sail Of that far sloop sound near. The parting sun sends out a glow Across the placid bay, Touching with glory all the show. A breeze !Up helm !Away! Cadalsos .Moorish Letters. [Jan. ART. XIII. Cartas Jllarruecas y Poesias Selectas. Por el Coronel Don JOSE CADALSO. Nueva Edicion con Notas y Acentos de Prosodia, al Uso de los Estudiantes en las Academias, Colegios y Universidades de los Estados Uni- dos de la America Setentrional. Preparado, revisido y corregido por F. SALES, Instructor de Frances y Espaiiol en la Universidad de Harvard en Cambridge. Boston, 1827. Munroe y Francis. l2mo. Pp. 288. THIS hook belongs to a class, at the head of which stand the Leltres Persanes of Montesquieu, and Goldsmiths Citizen of the World. It consists of letters purporting to be written by an intelligent Moor, whom the love of knowledge has brought from Africa to Spain. The points which strike him in the manners and institutions of this country, he communicates to his friend in Africa. He is assisted in his observations by a well informed Spaniard, to whom he resorts for information and the solution of difficulties. This apparatus of means fur- nishes frequent opportunities for satire both grave and gay, and good use is made of them. Don Jose Cadalso, the author of these letters, was a man of very respectable standing am6ng the later writers of Spain. He was a native of Cadiz, born in 1741, of an ancient and no- ble family, and educated in Paris, where he made himself mas- ter of Greek and Latin, and the principal modern languages. He afterwards travelled through England, France, Portugal, Germany, and Italy. At the age of twenty years he returned home, and joined the Spanish forces then employed against Portugal. Doing duty as sentinel one day in the course of the campaign, be met with an officer belonging to the English troops, engaged in assisting the Portuguese, and addressed him in his own language with such correctness and fluency, that he believed him to be his countryman, and gave him important information respecting the plans of the allies. Cadalso com- municated this to his general, Conde de Aranda, who immedi- ately appointed him his aid-de-camup, and treated him ever after with marked attention. He remained in the army till his death in the year 1782, attentive to his military duties, though de- voted to literature. He was the friend of the most distinguish- ed writers then living in Spain, and by his advice and example, contributed much to bring out the talents of several among

Cadalso's Moorish Letters 248-258

Cadalsos .Moorish Letters. [Jan. ART. XIII. Cartas Jllarruecas y Poesias Selectas. Por el Coronel Don JOSE CADALSO. Nueva Edicion con Notas y Acentos de Prosodia, al Uso de los Estudiantes en las Academias, Colegios y Universidades de los Estados Uni- dos de la America Setentrional. Preparado, revisido y corregido por F. SALES, Instructor de Frances y Espaiiol en la Universidad de Harvard en Cambridge. Boston, 1827. Munroe y Francis. l2mo. Pp. 288. THIS hook belongs to a class, at the head of which stand the Leltres Persanes of Montesquieu, and Goldsmiths Citizen of the World. It consists of letters purporting to be written by an intelligent Moor, whom the love of knowledge has brought from Africa to Spain. The points which strike him in the manners and institutions of this country, he communicates to his friend in Africa. He is assisted in his observations by a well informed Spaniard, to whom he resorts for information and the solution of difficulties. This apparatus of means fur- nishes frequent opportunities for satire both grave and gay, and good use is made of them. Don Jose Cadalso, the author of these letters, was a man of very respectable standing am6ng the later writers of Spain. He was a native of Cadiz, born in 1741, of an ancient and no- ble family, and educated in Paris, where he made himself mas- ter of Greek and Latin, and the principal modern languages. He afterwards travelled through England, France, Portugal, Germany, and Italy. At the age of twenty years he returned home, and joined the Spanish forces then employed against Portugal. Doing duty as sentinel one day in the course of the campaign, be met with an officer belonging to the English troops, engaged in assisting the Portuguese, and addressed him in his own language with such correctness and fluency, that he believed him to be his countryman, and gave him important information respecting the plans of the allies. Cadalso com- municated this to his general, Conde de Aranda, who immedi- ately appointed him his aid-de-camup, and treated him ever after with marked attention. He remained in the army till his death in the year 1782, attentive to his military duties, though de- voted to literature. He was the friend of the most distinguish- ed writers then living in Spain, and by his advice and example, contributed much to bring out the talents of several among 1828.] Cadalsos .Moorzslt Letters. 240 them. Beside the Cartas .Marruecas he published a satire called Eruditos it la Violeta, in ridicule of the superficial acqui- sitions of the pretenders to universal erudition; a tragedy, which does not appear to have met with a great deal of favor; and several poetical pieces under the title of Ocios de mi Ju- ventud, which are highly praised in the biographical notice, pre- fixed to the Madrid edition of the Cartas .Miarruecas. He was struck by a shell at the siege of Gibraltar in 1782, and died lamented both by friends and foes. The class of writings to which these letters belong, is not very numerous. The works of Goldsmith and Montesquieu, mentioned above, are the best known, and the first of their kind. Espriellas Letters, by Southey, are in some measure similar. They are, however, much more a book of travels, and much less one of satire and moral reflection, than the letters of Gold- smith, Montesquieu, or Cadalso. The idea of assuming a foreign character for the purpose of criticising ones own countrymen, is a happy one. What will the world think of us? is a feeling that belongs to nations, as well as individuals; and an author, who can conceive with spirit the views of a foreign observer, makes himself a representative of this dreaded tribunal, and gives to his satire much the same piquancy, as if it were really of foreign origin. Moreover, he can utter much plainer truths, than would be allowed, if he wrote in his own character. A certain amount of prejudice, in favor of the institutions and usages of his own country, is expected from every one who speaks or writes in the character of a native, and no writer is permitted to shake it off. The cause is somewhat the same as that of the toleration of each others weaknesses, required of individuals living in the same family. Domestic comfort demands the one, and social com- fort the other. Individuals thrown together in society must endure much that they cannot approve. Human life is made up of compromises. This is as true in the case of a communi ty as of a family. Every reflecting man sees many subjects of censure in the society around him, which he thinks it inexpedi ent to attack, contenting himself with the thought, that perfec-. tion is not to be expected from human nature, and that some- thing is to be borne for the sake of peace. Now a writer, who, like the author before us, assumes a for.. eign character, and portrays with truth the ideas which a stran- ger would form of the customs and iPstitutions of his country, voL. xxvI.No. 58. 32 250 Cadalsos .Moorish Letters. [Jan. to a certain degree receives the same forbearance, and is re- garded with the same interest, as if he were really what he pretends to be. If his reflections are such as would be natural to a foreigner, his countrymen cannot help feeling, that they are, in some measure, indications of the opinion of the world, or at least of what the world would think, if the world knew them. The influence, which this gives him, he can turn to much account. Having a far more thorough acquaintance with the character and manners of his countrymen, than can be acquired by a stranger, he can bring the feeling of deference to the worlds opinion to bear upon many particulars, which must escape the notice of foreigners. A work of this kind may therefore be made, by a man of talents, highly interesting and useful. If the Cartas .Marruecas be inferior to the Lettres Per- saner, or The Citizen of the World, still it is a work of a high degree of merit, and touches with nice judgment, as is ob- served in the Preface to the Madrid edition, upon the faults of contemporary writers, the neglected education of the Spanish youth, and the absurd and injurious customs prevailing among the people. A lively picture is given, in one of the earlier letters, of a young Spaniard, who had been left to grow up without pruning. Nuiio, the Spanish friend of Gazel, the Moor, tells him that taking a ride one day, near Cadiz, he lost his way on a mountain. While he was endeavoring to regain the path, he met a young man about twenty-two years of age, well dressed and mounted, and of agreeable manners. Nuho being far out of his way, and the night coming on, the young man invited him home. As we were leaving the mountain, says Nuflo, I could not help noticing the beauty of the trees, and asked my companion if any ship-timber was cut there. I know nothing about it, replied he, you must inquire of my uncle, the grand master. He talks all day long about ships, fire-ships, frigates, and galleys. Heaven preserve us! how tedious the good gentleman is. Many is the time I have heard him tell of the battle of Toulon, the cap~ ture of the Princess, and the Glorious, the disposition of Lesos ships before Carthagena, with a voice t~iat age and want of teeth had made tremulous. My head is full of Dutch and English admirals. Nothing would tempt him to omit his nightly prayers to St Telmo, for the safety of sailors. These are followed by a long talk about the dangers of the sea; then comes a story of the 1828.] Cadal*os Jlloorisli Letters. 251 loss of a whole fleet, I do not know what one, on which occa- sion the old gentleman escaped by swimming; after this we naturally have an episode on the advantages of knowing how to swim.~~~ The young man goes on for some time with this tirade against his uncle, till At length, continues the narrator, we entered on a wide plain, with two villages at a short distance from each other. A beautiful piece of ground, said I for arranging sixty thousand men in order of battle. You must talk to my cousin, the cadet in the Guards, about the matter, said he, with great non- clialance. He knows every engagement that has been fought since the good angels routed the bad; and that is not all, for he can tell you the reasons of every victory, every defeat, and every drawn battle. He has spent I do not know how many doubloons already on mathematical instruments, and has a trunk full of drafts, as he calls them, which are ugly prints without heads or bodies. I gave up the army and the navy, and remarked, It cannot be far from here that the battle was fought in the time of Don Rodrigo, which cost us so dear, as history tells us. His- tory! said he, I wish my brother, the Canon of Seville, was with us. I never troubled my head about it, for Providence has given me in him a walking library of all the histories in the world. He could tell you the color of the coat that king San Fernando wore when he took Seville. We had now almost reached the farmhouse, and the young man had not answered a single important question that I had asked him. My natural frankness led me to inquire how, he had been educated. Just as it suited myself and my mother, and grandfather, an old gentleman who loved me as the apple of his eye. He died at about a hundred years of age. lIe had been a captain of lancers under Charles the Second, in whose palace he was educated. My father wished me to study, but he had not much authority, and died moreover when I was very young, without even having had the pleasure of seeing me learn to wriLe. However, a tutor was obtained for me, and matters began to look serious, when a little accident occurred, and disarranged the whole scheme. What were his first lessons, said I. None at all, replied the young man; I could read a romance, and play a seguidilla. What more does a gentleman want to learn ~ My tutor wished me to go deeper, but he had to smart for it. The case was this. I had met some friends at a cattle- yard. He knew it, and must needs come in to interrupt my pleasure. He arrived just at the time when the herdsmen were I 252 Gadalso~ Moorish Letters. [Jan. teaching me how to handle a stick. His ill luck could not have brought him at a worse moment. He had not spoken two words, when I gave him a blow on the head, which opened it like an orange; and thanks to the man who held me, for I had intended to belabor him as if he had been a ten year old hull, but consid- ering it was the first time, I let him go with what I had given him. Every body cried out, Long life to the young gentleman, and even Uncle Gregory, who is a man of few words, exclaimed, You have done the business like an angel. Who is Uncle Grego- ry? said I, astonished that he could approve such insolence. Uncle Gregory is a butcher in the city, who accompanies us in all our merry bouts; we should not know how to get on with- out him.~, While he was giving me an account of Uncle Gregory, and other respectable personages, we arrived at the house, and I was introduced to a company of young men assembled there, all of whom were friends or relations of my companion, of the same age, rank, and breeding with himself. They were going on a shooting excursion the next morning, and passed the night in playing cards, supping, singing, and dancing, till the hour should arrive for setting out; their merriment beingenlivened by a band of gypsies, whom they had fallen in with, and joined to their party. Here I had the happiness of becoming acquainted with Uncle Gregory. He was easily distinguished from the rest by his hoarse voice, large whiskers, rotundity of person, continual oaths, and rude manners. His business was to make and light cigars, trim the lamps, beat time while the livelier members of the party were dancing, and drink to their health in huge draughts of wine. Knowing that I was tired, they made me sit down to supper im- mediately, and afterwards carried me into a separate apartment to sleep, ordering a boy, who belonged to the farmhouse, to call me in the morning, and guide me to the road. To relate all that was said and done by these youngsters, would be impossible and improper. I shall only say, that the smoke of the cigars, the bawling of Uncle Gregory, the general buzz from so many voices, the rattle of the castanets, the harsh tones of the guitar, the sqeaking of the gypsies, the barking of the dogs, and the discord of the singers, would not allow me to close my eyes during the whole night. In the morning I mounted my horse, saying to myselg This is the way in which a body of young men are grow- ing up, who might do the state good service, if their education were equal to their talents. Another letter illustrates the fondness with which a Spaniard cherishes the idea of a noble descent, though his nobility may be his only inheritance. 1828.] Cadalsos Moorish Letters. We Moors have no idea of what is here called hereditary no- bility, so that I cannot expect you to understand me, when I tell you, that in Spain, there are not only noble families, but whole provinces, where every man is born a noble. I, myself, who am on the spot, cannot comprehend it. I will give you an example, but you will only be the more puzzled. A few days since, wishing to visit my friend Nuiio, who was sick, I inquired if the coach was ready. They told me, No. half an hour after, I made the same inquiry, and received the same answer. When another half hour had elapsed, I asked the same question, and was answered as before. Shortly after, they told me that the coach was ready, but that the coachman was busy. About what? said I, and began to go down stairs, when I was met by the man himself, who let me into the secret, saying, Though a coachman,Jam a noble; some of my vassals being in town, they were unwilling to return home without having had the plea- sure of kissing my hand. This has detained me, but now I am -at leisure ; where shall we go? As he spoke, he took his seat, and brought the coach to the door. The following letter will aflbrd a fair specimen of the wi-i- ters humor. Among the words which my friend intends to put into his Dictionary, the word victoril is one of those which most require explanation, from the manner in which it is used in modern ga- zettes. During the whole course of the last war, said Nuiio to me, I was reading Gazettes and Mercuries, and never could understand which side beat, and which was beaten. The very battles in which I was present, lost their distinctness, after I had read the accounts of them in the public journals. I never knew when we ought to sing Te Deum, or when ilJiiserere. The com- mon course in these cases is the following. A bloody battle takes place between two large armies, and one or both are cut to pieces ; but each general sends home a pompous account of it. The party which has the advantage, however slight that may be, transmits a statement of the killed, wounded, and prisoners, on the part of the enemy, the cannons, standards, kettle-drums, and baggage-waggons taken. The victory is announced at his court with Te Deums, illuminations, ringing of bells, & c. The other writeshome, that the affair was trifling, not a battle, but a short skir- mish of little importance; that, notwithstanding the enemys great superiority in numbers, he did not refuse to meet him; that the kings troops did wonders; that the engagement ended at the ap- proach of night, and that, unwilling to expose his troops to the chances of a nocturnal conflict, he retired in an orderly manner from the field. On receiving these despatches, Te Deum is sung, 254 ~2~adalsos Moorish Letters. [Jan. and rockets are fired, at his court likewise; and nothing is known with certainty, except the death of twenty thousand ~men, which occasions that of as many orphan children, disconsolate fathers, and widowed mothers.~~ In describing the national pride of the Spaniards, our author says; One of the faults of the Spanish people, in the opinion of the other nations of Europe, is pride. If this be really the case, the proportion in which it is observed in different classes is singular, since it increases as the respectability of the individual diminish- es; resembling in this respect the quality, which philosophers have discovered in matter, of a tendency downwards increasing in pro- portion to the descent of the body. The king washes the feet of twelve beggars ~on certain days in the year, accompanied by his children, with such humility, that I, though ignorant of the reli- gious meaning of this ceremony, when present at it, was affected even to tears. Nobles of the highest rank, though they occasion- ally speak of their ancestors, are affable even to the lowest do- mestics. Those of less elevated caste, speak with more frequen- cy of their kindred and connexions. The gentlemen of the cit- ies are somewhat more sensitive on the point of rank. Before visiting a stranger, or admitting him into their houses, they in- quire who was his great grandfather, not departing a hairs breadth from this etiquette in favor of any one, though he should be a magistrate of the highest reputation for talents and learning, or a veteran soldier covered with wounds. The most remarkable thing is, that whatever be the rank of the stranger, it is always regard- ed as an inexcusable blot on his escutcheon, that he was not born in the town where he happens to be; for the natives of each are firmly convinced, that nobility such as theirs exists not elsewhere in the kingdom. But this is nothing in comparison with the vanity of the village gentry. One of this class walks majestically in the dull market- place of his little hamlet, muffled in a threadbare cloak, contem- plating the coat of arms which covers the door of his ruinous dwelling, giving thanks to God that he has created so distinguish- ed a gentleman. He will not take off his hat (supposing he could do it without unmuffling himself), he will not salute the stranger who arrives at the inn, though he should be the chief oflicer of the province, or the president of its principal tribunal. The most which he condescends to do, is to inquire if the stranger is of a noble family, recognised in the ordinances of Castille; what is his coat of arms; and whether he has any relations known in that neighborhood. But what will astonish you most, is the degree to which this vanity is found in mendicants. If alms are refused 1828.] Cad4sos Moorish Letters. 255 them with any degree of asperity, they insult the man of whom they had just been begging. There is a proverb on this subject which says, The German asks alms with a song, the Frenchman with tears, and the Spaniard with a growl. The next extract presents, in a ludicrous light, the mistakes into which travellers on the wing are apt to fall, by forming a hasty opinion of national customs. If men were careful to distinguish the abuse from the use, their disputes would not be so frequent and so obstinate. Their negligence in this respect, occasions continual confusion. Their prejudices keep them in the dark, and they imagine that they see clearer, the closer they shut their eyes. Their mistakes are most gross, when they talk about the character, the cus- toms, or the language of foreign nations. I remember, said Nuiio, to have heard my father observe, that, toward the close of the last century, during the sickness of Charles the Second, when Louis the Fourteenth was taking every means to gain the affections of the Spaniards, in order to prepare the way for his grandsons elevation to the throne of this kingdom, the French fleets were ordered to conform, as far as possible, to the Spanish customs, whenever they touched at any of the ports of the Penin- sula. This was a principal point in the instructions given to the officers. The policy was good, but a mistake in its application was attended with bad consequences at Carthagena. A small French squadron happening to enter the harbor of this place, the commander despatched an officer in a barge to present his com- pliments to the governor, but ordered him before landing to ob- serve if there was any peculiarity in the dress of the Spaniards, which the French officers might imitate, in order to conform t& the customs of the place, and if such was the case, to return im- mediately and inform him of it. The officer reached the shore about two oclock, in the heat of a July afternoon, intent upon observing the people whom he expected to find assembled there. The warmth of the season, however, had driven every body within doors, and he saw no one but a sober ecclesiastic with his spectacles on, and an old gentle- man similarly equipped. The officer, who was a stout-hearted sol- dier, better fitted to command a fire-ship, or board an enemys vessel, than to make observations on national customs, concluded that every subject of the crown of Spain was obliged by statute to wear at least one pair of spectacles, day and night. He returned to his commander, and told him what he had seen. The officers of the fleet were sadly puzzled to find as many pairs of spectacles as there were noses in want of them. It happened by good luck, ~i56 Gadalsos .llloorisl& Letters. [Jan. that a servant of one of the gentlemen, who used to vend small wares during his masters voyages, had some dozens of the need- ed article on hand. From these, the party who were to carry the commanders compliments,-and likewise the crew of t~e barge, were immediately supplied. When they reached the shore, they found the landing-place filled with people, whom the report of the French fleets arrival had drawn together. The Spaniards stared at the new-comers, and could hardly trust their eyes, when they saw a number of young men, of lively manners and gay.apparel, thus strangely accoutred. Two or three companies of marines, who belonged to the garrison, had followed the crowd to the shore, and as these amphibious warriors were composed of the dregs of the people, they could not restrain their laughter. The impatient Frenchmen inquired the cause of their mirth, with much more disposition to chastise it, than to have it explained. The Span- iards redoubled their laughter, and a tumult immediately ensued. The governor of the city and the commander of the fleet hearing the noise, hastened to the spot. Learning the cause of the dis- turbance, and knowing what must be the consequence, they ex- erted themselves to quell it. This was done with no little diffi- culty, the two officers being each ignorant of the others language. A chaplain belonging to the fleet, and a clergyman of the town, who talked Latin and undertook to act as interpreters, did not help the matter much, their eagerness and different manner of pronouncing rendering them mutually unintelligible; added to which, one could not help laughing at the other for sounding the letter u as if it were oc, which he retorted by ridiculing his fel- low-interpreter for pronouncing the diphthong au like the letter o; the soldiers all the while being employed in cutting each oth- ers throats.~~~ These extracts will suffice to give our readers some idea of the authors merit. He has considerable humor, with much force and delicacy of satire. The lively style of the work, the correctness of its moral tone, and the insight which it affords into the manners of the Spanish people, render it a valuable text-book for students of the Spanish language. To the people of the United States, the language and literature of Spain are peculiarly interesting. If we are not attracted by the beauty of its dialect, one of the noblest extant; by the charms of its ancient poetry, dis- tinguished for simplicity and force, for exquisite pathos and manly spirit, full of the strength of feeling and rugged inde- pendence which characterized a brave and hardy race, who dwelt in the fastnesses of the mountains, and daily did battle 1828.3 Cadalsos Moorish Letters. 257 for their country and their religion; by the richness and ex- cellence of its drama, from whose stores the other nations of Europe have drawn a large part of the materials of their na- tional Theatres; by the knowledge of life and the comic humor of its numerous novelists ;yet our connexion with Spanish Amer- ica gives a great and growing importance to the knowledge, both of the language and the literature of Spain. We say of the literature, because the books which are generally read among any people, the sources from which its noblest minds draw their elements of thought, hold an important place among the causes which determine its national character. The young statemen, poets, and philosophers, in fact all the educated people of Spanish America, will be nurtured in the literature of old Spain. Their taste and moral feelings, their religious notions, and habits of thought, must be derived mainly from this source; and such as is their character, will be that of the people at large, with whom we must be intimately connected in the various relations of peace and war. The importance of an acquaintance with the Spanish lan- guage, as a means of intercourse with our Spanish American neighbors, is ohvious from the daily growth of our trade in their ports, and the great number of independent states, with which this language will be our medium of communication. Nearly all the southern division of the American continent, and a large part of the northern, belong to the descendants of Span- iards and Portuguese. Wherever we turn our eyes, over two thirds of the New World, we find their idioms prevailing, of which the Spanish is by far the most widely extended. Throughout this immense territory, numerous independent states are springing up, with most of which we shall have com- mercial, and with all, political relations. These must become, in the course of time, very extensive and complicated, and require constant communication between our country and the southern republics. Moreover, the great interest which we take in the political proceedings of those states, that have just broken their colonial bonds, and are busy in framing new forms of government to secure their newly acquired independence, makes a knowledge of their language valuable. Mr Sales has done a good work, therefore, in preparing and publishing this American edition of Cadalso. The French copies generally in use are very incorrect, and printed after the old orthography. The errors have been corrected, and voL. xxvI.No. 58. 33 The Talisman. [Jan. the omissions supplied, by Mr Sales, and the new orthography of the Spanish academy adopted. But a more important im- provement is the introduction of accents, which have been placed wherever they were required to determine the pronun- ciation. This will prove a great help to learners, often per- plexed by the want of uniformity in the place of the accent- ed syllable. In its present dress, this book may be recom- mended to students of the Spanish language, as one of the best for facilitating a speedy and thorough acquisition of that tongue. ART. XIV.T/ze Talisman for MDCCCXXVIII. New York. E. Bliss, 1828. iSmo. pp. 268. WE well remember the interest, with which in our early days we pored over the pages of the dinianack, that cheap and curious volume, which in so small a compass combined so great a variety of astronomical, economical, moral, and literary lore. From it might he learned the precise time for performing all the details of the comprehensive catalogue of every purpose under the sun, which Solomon has left on record, as a proof that method in business, and seasonableness in sympathy, are virtues of every age of the world alike. Its ~ornaments, it is true, were of an unpretending character; a few georgical vignettes for the body of the work, and for the frontispiece, always that cabalistic man, who could never be contemplated on earth without interest, because for him the twelve signs of heaven seemed contending. We have never yet arrived at a perfect knowledge of the limits of their respective sovereiguties over this individual, whom we have always considered, like Adam, a mere representative of his race; nor have we ever been able to ascertain the benefits which the little state of man derives from this complicated feudality. We presume, however, that good reasons can be given for the division by those versed in judicial astrology, a science to which, although our functions are eminently judicial, we have no pretensions; and content ourselves with alluding to the Alma-

The Talisman 258-274

The Talisman. [Jan. the omissions supplied, by Mr Sales, and the new orthography of the Spanish academy adopted. But a more important im- provement is the introduction of accents, which have been placed wherever they were required to determine the pronun- ciation. This will prove a great help to learners, often per- plexed by the want of uniformity in the place of the accent- ed syllable. In its present dress, this book may be recom- mended to students of the Spanish language, as one of the best for facilitating a speedy and thorough acquisition of that tongue. ART. XIV.T/ze Talisman for MDCCCXXVIII. New York. E. Bliss, 1828. iSmo. pp. 268. WE well remember the interest, with which in our early days we pored over the pages of the dinianack, that cheap and curious volume, which in so small a compass combined so great a variety of astronomical, economical, moral, and literary lore. From it might he learned the precise time for performing all the details of the comprehensive catalogue of every purpose under the sun, which Solomon has left on record, as a proof that method in business, and seasonableness in sympathy, are virtues of every age of the world alike. Its ~ornaments, it is true, were of an unpretending character; a few georgical vignettes for the body of the work, and for the frontispiece, always that cabalistic man, who could never be contemplated on earth without interest, because for him the twelve signs of heaven seemed contending. We have never yet arrived at a perfect knowledge of the limits of their respective sovereiguties over this individual, whom we have always considered, like Adam, a mere representative of his race; nor have we ever been able to ascertain the benefits which the little state of man derives from this complicated feudality. We presume, however, that good reasons can be given for the division by those versed in judicial astrology, a science to which, although our functions are eminently judicial, we have no pretensions; and content ourselves with alluding to the Alma- 1828.] The Talisman. 259 nack, as the first step in a walk of literature, which bids fair to become important among us. Its immediate successors ap- pear to have beeii the Pocket Remembrancers and Calendars frr Ladies and Gentlemen, in which the literary began to en- croach upon the chronical part, and blank spaces were left for memoranda; a line being allotted to each day of life. But suddenly by a change no less indicative of the progress of society, than that by which the three-legged stool on which immortal Alfred sat, expanded into the accomplished sofa along which languid beauty reclines, the simple, sententious, and prophetic Almanack became metamorphosed into the orna- mented, narrative, and reminiscent Forget JVIie Not, Memorial, Souvenir, .dmulet, Token, and Talisman. They who are prone to attribute to the influence of woman the improvements which adorn society, may find an illustration of their theory in the rapid growth of these elegant little works. They are care- fully adapted to the gratification of female taste. Their em- bellishments are delicate, the proportion of sentiment usually large, and being generally purchased as presents for ladies of all ages, the s~igacity of the publishers has prompted them to take no note of time in them, so that at last the humble and useful Almanack, from which they originated, has become en- tirely excluded from their pages. It would hardly be supposed, that the ponderous and labor- loving Germans are the source of all this; that the elaborators of weighty lexicons, and weavers of impervious metaphysics, should have been the first to produce these Lilliputian maga- zines of wit, sentiment, poetry, and the arts of design. Such, however, is the fact. Among the French they do not seem to be general, nor to have much claim to notice, except for mere external ornament. The English, from whom we have lately imitated them, have borrowed them directly, without any sensible improvement of their plan, from the various Tasclienbilcker of the Germans; and, as among the latter people, although now upon the decline, they have risen to the dignity of an established branch of literature, which has been treated as such by their critics, we will venture to place befire our readers a brief outline of their progress. A writer in one of the most popular literar.y journals of Germany * has described, in a lively manner, the gradual * Die deutsche Literatur unsrer Tage bietet im Gegensatze zu der The Talisman. [Jan. diminution of size in the repositories of the favorite literature of his countrymen ; * how, in the course of only half a century, the majestic folio has yielded its place to the dignified quarto; the latter in its turn has retired from hefore the gented octavo; and all have finally been exiled from their shelves by the inroads of the dapper duodecimo. The truth is, that literature, to be popular, must he portable; and the wits of Germany have cer- tainly shown themselves sages in selecting a medium of so current and extensive a circulation, to imprint with the stamp of their genius. An author, whose subject is within the intel- lectual reach of general readers, and who wishes to be soon and widely read, is more sure of being so in Germany, by contributing to a Taschenbuch, than by any other mode in which he can give his works to the world. It was in this form that Gdthe first published his Ilermann and Dorothea, and his JVatural Daughter; and Schiller his Maid of Orleans. It is even said, that some of the most popular and most beau- tiful modern poetry of Germany has been created by the am- bition of young writers to distinguish themselves, where the opportunity is so readily afforded. Ernst Schulze (a- pupil and friend of the celebrated Bouterwek, by whom his works have been collected and published) contended for, and obtained the prize in the Urania of 1820, by the production of The En- chanted Rose, a Poem in three cantos, which immediately ran through several editions, and sweetened with its success the last hours of a life, the most of which had been marked by melancholy. We have not yet had the good fortune to meet with this poem; but the praise bestowed upon it by a judicious, although obviously friendly critic, is, that it may be fairly con~idered, as the most beautiful poem of its kind in the whole circle of German literature, and will last as long as the Ger- man language and poetry shall exist. The manner in which these works have been got up in Ger- many, has varied with the objects and characters of the editors. frChern em merkwcrdiges Thid dar. Wir brauchen kaum em halbes Jahrhundert zurflckzugehen, und die J3dcherb~inke in Deutechiand blicken uns finster, streng, gelehrt, fast abschreckend an. Ungeheure Folios g6nncn auch den beleibtesten Quartanten nur unwillig einen Raum, und diese sehen wieder mit Stolz auf das noch~ scheu sich an- schmiegende Geschlecht der Oktavbiinde herab. Wie anders ist es ~jetzt. * The Hermes of 1820, published at Leipzig. 18f28.] The Talisman. 261 A large proportion of them has been published by mere book- sellers, who have paid at fixed rates for original matter, and have thus filled their pages with contributions from many of the most popular authors. This method, however, has been found liable to difficulties, which in many instances have prov- ed insuperable, and indeed, most of the Taschenbflcher that have been catered for in this manner, have been but temporary in their duration. The demand for increased elegance in their ornaments and style of publication, has increased the expense to the publisher, without proportionably increasing ~is profits; the contributors have, from year to year, enhanced their terms, and instead of contenting themselves with the little quiddam honorarium, first bestowed upon them as a gratuity, they have shown their knowledge of the value of their own services, by making their own bargains with the publishers, upon thorough- ly commercial principles. The competition has become so great, and the number of the works so considerable, as to re- duce exceedingly the sale of particular editions; and instances have even occurred, in which entire editions have been almost totally lost, on accountof having been prevented, by some of the numerous delays to which works depending on various contrib- utors and artists are always exposed, from appearing in the market at the only period of the year, when it is possible to put them in circulation. Some or all of these causes have led the German hook- sellers to look upon the publication of these works, as a ru- inous * undertaking; and from the competition which already exists in this country among those of domestic origin, as well as of foreign manufacture, we fear that the same fate will pursue them here, and that the expectations of the publishers will not be sufficiently realized, to enable them to continue their efforts in this line. We will cite one or two instances, to show how brief the period has been of some of the most deservedly pop- ular of these agreeable volumes. The Taschenbuch filr Da- men was begun in 1798, and although enriched by contributions from Huber, Pfeffel, Lafontaine, G6the, m~nd more than all, Jean Paul, was discontinued in 1802, after a career of only four years. A selection from the works of the most eminent poets, was begun by Schiller, in 1796, and having enjoyed a short celebrity, from some satirical poetry, entitled Die Xenien, which * Halsbrechend, is their own significant expression. 262 The Talisman. [Jan. it contained, and which was attributed by some to Sculler, and by others to Gdthe, was relinquished in 1800. The history of many of these productions, although published in the most in- viting form, and under the most favorable auspices, appears to have been similar. Yet one of these books of selections (Blumenlese) enjoyed a more lasting success. It was edited by Burger and Voss, from 1770 to 1776, continued by Biir- ger alone till 1794, and afterwards by Carl Reinhard, till 1803. Anthologies have, however, gradually got out of vogue among the Germans, and a great variety of modes have been devised to revive the interest of readers generally in the annual pub- lications, which they had frequently constituted. Sometimes they have been ornamented by engravings of scenes from the most popular dramas of Schiller, Gdthe, and other favorite authors. Shakspeare, who is perhaps as much read, and as well understood in Germany as in England, has furnished the ma- terials for numerous illustrations. We have now before us the Urania of 1823, of which the only embellishments are groups from King Lear, Othello, and Macbeth, accompanied with the corresponding scenes from Voss translation, ~Some of them have scenes and illustrations from the Waverley Novels; and subjects no less severe than disquisitions upon the philosophy of the characters of Shakspeare, particularly of Hamlet, and ex- aminations of the peculiarities of the poetry of Lord Byron, are admitted into their pages. Others, again, contain sketches of figures and groups by celebrated artists, such for instance as the Graces of Canova, together with criticisms upon their merits, which among us would be considered rather too cir- vumstantial and elaborate for works intended for extensive popularity. Another class still are exclusively dramatic. One of this sort was edited with great success by Kotzebue, from 1803, till his death in 1819. It would be difficult, and we know not whether it would be profitable, to enumerate the multifarious forms in which taste is gratified and the purse tempted among the Germans, at that season of the year when new impulses are given to mutual regard, by accompanying the expressions of it by some such token as these productions most readily furnish. We have been thus minute in our account of these publica.. tions, chiefly to show in what estimation works of this kind are held by another people, at a time when, in our own country, 1828.] The Talisman. 26$ they are attempting to vindicate for themselves a re~pecta-~ ble station in the ranks of elegant literature. The one, of which the title stands at the head of this article, purpotts to be from the pen of Mr Francis Herbert, a gentleman ap- parently of much observation, of great versatility of style, of extensive travel, in short, a citizen of the world; although, from the freedom and obvious familiarity with which he com- ments, in more than one place, upon the gullibility of his fellow-citizens of Nexv York, we suspect that the said metropo- lis has been his principal residence. He certainly is a writer of no ordinary powers; in prose, he delights us, at one moment, with romantic description and striking incident; at another, diverts us with playful disquisition and humorous narration, and at another still, instructs us with original and sober history~ In poetry, he passes with equal ease from the gentle to the grand, but we fear that, in this department, his productions are not all perfectly genuine. He complains, indeed, in his Pre- face, that some of his verses have been published among the miscellaneous poems of authors of no mean note, but unless w& are much mistaken, we have formerly seen those beautiful stanzas on The Close of Autumn, as proceeding from the pen of an author certainly of no mean note; but who never borrowed except from the whispers within, and whose chara& - teristic trait of genius is, that he looks round on nature with the eye that nature bestows only on a poet. The Sonnet on the Shenandoah at Harpers Ferry, if it be the actual Composi~ tion of Mr Herbert, has certainly been attributed to another. We hardly know where to apply the Sic vos non vobis, in this disputed claim. But to proceed from Mr Herbert to his work. It opens with a slight account of the author, written in an easy and con~~ fident manner, and well calculated to excite curiosity respect-~ ing the contents of his book. Then follow two Prefaces to an Album, of entirely opposite characters; the first is written in a strain of serious morality and tender expostulation, which sounds little like the man of the world, but which will by no means, be thought misplaced, when it is considered that the book which it precedes, is appropriated to the commencement of the year, and that a year may be looked upon as an epitome of life. We subjoin the remarks upon the responsibility of men for the influence, which they exert over others. That influence, so powerful in its sway over us, we must, in 264 The Talisman. [Jan. turn, exert upon others. Other miiids must become in part the transcripts of ours, and perpetuate the evil or the excellence of our short being here. It is not given alone to the great, the elo- quent, or the learned, to those who speak trumpet-tongued to millions of their fellow-creatures, from the proud elevations of power or talent, thus to extend themselves in the production of good or ill into after-times. We are each and all of us, as waves in the vast ocean of human existence; our own little agitation soon subsides, but it communicates itself far onward and onward, and it may often swell as it advances into a majesty and power with which it would scarcely seem possible, that our littleness could have had any participation. Happy, then, readerhappy thou, if thou hast confined the bad tendencies of thy nature to thine own breast,if thou hast never proved the cause of offencenot even to any little one if thou hast led none into dangerous error, lulled none into care- less or contemptuous negligence of duty, nor ever sullied the whiteness of an innocent mind. Yet rememberthat it is the mysterious and awful law of thy nature, that no one of us can pass through life insulated and soli- tary, leaving no trace behind him. Thy influence will bemust be, for good or for evil after thee. Then, although haply thou mayest have but a single talent committed to thy charge, whether thou writest thy thoughts in these pages, or engravest them in living characters upon the hearts of those who trust, or love, or honor thee, strive always, that they may be such as will tend to give ardor to virtue and confidence to truth, so that others may be holier and happier because thou hast lived. pp. 24. The second Preface to an Album seems almost intended to efface the grave impressions, which its predecessor is adapted to produce. It considers the Album in its primitive and fallen state, that is, before and after it has been written in, and illus- strates both its conditions, by a variety of similes, many of which are apt and humorous. A single stanza will serve as a specimen. T is like an ancient, single ladys chest, Where rummaging, the curious heir discovers Old patterns, worn.out thimbles, and the rest Of antique trumpery; fans, and flowers, and covers Of piucushions; a petrified wasps nest; Letters from long defunct or married lovers; Work-boxes, ten-pences that once were new, And murdered metre, if she was a blue. p. 7. Mr Herbert next entertains us with an account of a hair 1S28.] The Talisman. 265 breadth scape from the fangs of a Royal Tiger. The nar- rative is given with great felicity of expression, and preserves excellent oriental keeping, and perfect probability, throughout. A scene on the banks of the Hudson, illustrated by an ex- tremely pretty engraving, follows next in order. The spot se- lected is the northern entrance of the Highlands, just above West Point. The poetry is of a pensive cast, and its flow be- trays the practised writer. The following stanza, although the thought is by no means novel, has unusual beauty of versifica-. tion. Loveliest of lovely things are they On earth that soonest pass away; The rose that lives its little hour Is prized beyond the sculptured flower; Even love, long tried, and cherished long, Becomes more tender and more strong, At thought of that insatiate grave From which its yearnings cannot save. p. 25. This is succeeded by a neat paraphrase of a passage from Poliziano. We now come to the story of Mr de Viellecour and his Neigh- bors, which is appropriately int~oduced by a short esssay, in which the fallacy of conjecturing character from manuscript is humorously illustrated, and a number of instances are given, some historical, and others~within the writers own experience, of awkward mistakes resulting from indistinct handwriting. The outline of the story is briefly as follows. Mr Viellecour is a descendant of the Huguenots, settled at New Rochelle, in the state of New York; benevolence is the predominant trait of his character, and horticulture and elegant chirography his ruling tastes. A family of Pecks move into his neighborhood, who are all originals, and one of whom, Miss Abishag Peabody Peck, is an original par excellence. We will not venture to describe her otherwise than in the authors words. Of Abishag or Miss Peck, last presented to my mind, and now painted at full length upon the retina of my mental eye, it may be essential to mention a few characteristics. In respect of matrimony, and rumors of matrimony, she strongly resembled the illustrious Betsey of England; and deserved as little as that mi penal votress, the imputation of passing through life, In maiden meditation, fancy-free. VOL. xxvi.No. 58. 266 The Talismam. [Jan. She had remained, as I have hinted, for an unascertainable time, mistress of herseig unincumbered with a husband. Wheth- er she really thought the poet wrong, who says that earthijer happy is the rose distilled, etc. may admit of a doubt. She had long had a fondness, nay, it may be termed a rage, for mak- ing people believe (and herseig too, among the rest), that she was constantly solicited to become a bride. In sober truth, shrewd, sagacious, and matter-of-fact, as she was in all things else, touching this affair of marria~,e, she was subject to strange halluci- nations. Her imagination was (if we may speak poetically) re- dolent of matrimony. The ideal husbands which filled her mind were indeed not exactly such as haply may sometimes flit across the day-dreams of youthful beauty, brave, and young, and hand- some, all glowing with the purple light of love, and breathing truth and fervent constancy. Hers were sober and comfortable visions of snug establishments, sprucely painted two-story houses, with well-papered parlors and nice kitchens-huge stores of household linenmen servants and maid servantsone-horse chaises or trim Jersey-built wagons, and, by way of necessary appendage, some respectable helpmate, with a good thriving busi- ness, or a round and regularly paid salary. Thus it happened that from time to time the whole neighborhood was informed, of what she more than half believed herself that offers had been made for her hand, now by a medical doctor at Mamaronecknow by a reverend professor at New-Havennow by a rich widower apothecary in the Bowery- now by an old Dutch dominie, on the North Riverand now by young Mr Rubric, fresh from the Episcopal Seminary at New York, whose first clerical bands her own fingers had hemmed. The said reverend and medical doc- tors, the dominie, the apothecary, and young Mr Rubric, mean- while, remaining not only innocent of all amorous intention, but utterly ignorant of all rumors thereof. Of her personal charms it is best not to say much. Could she have been preserved for ever, as she had been for so many years, she would have supplied the desideratum of a standard of long measure, and saved a learned secretary of state, professors of colleges, and revisers of laws, many a long report, as she was perfectly straight, and exactly five feet, eleven inches, and eleven lines high, when unhosed, unbuskined, and unbonneted. Time had not rubbed off nor rounded the acute angularity of her fea- tures, or the distinct rigidity of her articulation. There was an irresistibly extortionate air in her countenance, when she wanted to get all the facts out of every body; and it exhibited an arith- metical precision, when she was in a contemplative mood, which showed that she had added up her ideas, and carried nine. Her defunct papa, among his innumerable avocations, had been an 1828.] The Talisman. 2fi7 agent for selling Pomeroys Universal Patent Catholicon. From him she inherited a great taste for quackery; or, as her mama called it, a genius for medicine; and she preferred giving away, not only her recipes, but her nostrums, to letting her hand get out of practice. pp. 5558. A fit of the rheumatism, by which Mr Viellecour is attacked, induces Miss Peck to send him a recipe for the cure of it, for which, after his recovery, he writes her a letter, couched in the style of old-school gallantry, accompanied by a basket of quinces, and concluding with the teider of his hearty thanks, which from the illegible elegance of the manuscript, is interpre- ted by Miss Peck, as an offer of his heart and hand. This offer she immedately accepts in a most characteristic epistle, eked out with a number of more characteristic postscripts. The astonished Mr Viellecour is now beset by a letter of license and congratulation from Mrs Jerusha Peck, the moth- er of Abishag; by another of advice from Dr Epaphroditus Peck, her uncle; by a borrowing note from the Honorable Mr Plutarch Peck, her nephew; by a challenge from Mr Terence Mountjoy, a Gallicized Irishman, who had for some time lived incognito in Mrs Pecks family, and on whom Miss Peck had turned her eyes; by a letter from Lawyer Bull, threatening a suit for breach of marriage promise, on account of attentions paid by him to Miss Betsey Bull; and though last, not least, by an epistle in which it would be difficult to say, whether madness or mantuamaking predominates, from Miss Adele Eloise Huggins, whom Mr Viellecour had educated, and whom he had afterwards caused to be instructed in the mysteries of the needle, and finally established in business. From this epistolary volley, and the various evils that it threatens, Mr Viellecour, whose sensitiveness of ridicule is exquisite, seeks safety in flight, and does not return to revisit his household gods, until, by a succession of natural events, the neighbor- hood is entirely cleared of the authors of his whimsical per~ secution. The merits of this story are those of fertility of invention, and humor and variety of illustration. Its chief fault is a tendency to caricature in some parts, which, in a production of which the essence is an exaggeration of the features of common life, it must be extremely difficult to avoid. Several of the characters are originally conceived, and all of them naturally sustained. Mr Viellecour interests us con- stantly by the benevolence of his character, the dignity of his 2fi8 The Talisman. [Jan. recollections, and the innocence of his tastes, even in his most awkward and ridiculous situations. Miss Peck deserves a place in our gallery of national portraits. Terence Mount- joy, however, is decidedly overcharged; in spite of Mr Her- berts pertinacious assertions, we cannot believe that the cre- dulity of our sister of Gotham has ever extended so far, as to be imposed upon by such an uncouth nondescript. We will not attempt to describe or illustrate him; none but himself can be bis parallel. * The introduction of this character, how- ever, gives occasion to a digression concerning humbugs, which, because it is a very good specimen of that species of humor, which produces its effect by an eloquent accumulation of epi- thets and images, either ludicrous in themselves, or made so by ingenious juxtaposition, we extract for the edification of our readers. We beg them, however, to consider the charge, which it brings forward against the New-Yorkers, of extreme gullibility, entirely as Mr Herberts, unapproved of by ourselves, for, we could not bear their enemy say so of our brethren of the brilliant metropolis. He belongs to a genus of which every one knows more or less, who has seen or heard anything of the phenomena, which for the edification of monster-hunters and monster-gazers, have arisen, culminated, and set, or more often shot madly from their spheres, in the horizon of New-York society, for the last twenty years. Of this genus there are several species, though the nature of each kind soon passeth away, and goeth out of fashion, and of re- membrance. Yet, in their brief career, they have charmed fe- male hearts, and turned wise brokers heads. Such is the power of foreign tongues and foreign titles, foreign jewels and foreign jokes, foreign fashions and foreign fiddling. rrhere is your he- roic humbug, as your Waterloo general; your scientific humbug, such as you may meet at the suppers of the Literary and Philo- sophical Society, or the soir~es of some Ma~cenas; your patriotic humbug, who has left his country for his countrys good, and such you may see everywhere. There is your medical and your musical humbug; your ecclesiastical humbug, your pedagogical * We have been lately struck by meeting with a justification of the violation of the maxim, or rather its converse, that nullum simile est idem, in an established classic. Cervantes, in describing the barbarian Bradamiro, says, He was as bold as himself, for none could be found, with whom he could he compared. Atrevido tanto como ~l mismo, porque no se halla con quien compararlo. The Spanish writers of that day must have been as daring as their soldiers. 1828.] The Talisman. 269 humbug, your proselyte humbug, and your new-community hum- bug; your phrenological humbug, your cuisinier humbug, your travelled humbug, and your savage humbug. Last, though not least, there is the real, pure, natural, unlicked, unlettered, une- quivocal, unadorned, unadulterated, unsophisticated, unaccom- modated humbug; or, as Lear says, the real thing itselfa poor, bare, forked animal, who, without education, knowledge, or mannerswithout tongues or travels, jewels or juggles~ fash- ions or falsetto, grace or grammar, will make his way by the dint of sheer and monstrous lyinglying which has neither the merit of invention or consistency; and is so essentially grotesque, that it seems easier to believe it at once, than to believe that it has ever been believed. pp. 61, 62. Three pieces of poetry succeed the story of Mr Viellecour. One is an original and powerful description of the Hurricane; the next is The Serenade, accompanied by an original design, in which the poet and painter have so perfectly illustrated each other, that we should almost suspect them of being the same individuals; the third is a translation of The Butterfly of De la Martine, which, as it is pretty, and fanciful, and short, we sub- join. To be born with the spring, and to die with the rose, To sip the fresh sweets of young flowers, ere they close, To float on the wings of the zephyr at even, And bathe in the rich flood of glory from heaven; To shake from the wing the light spangles of gold, And its course to the deep vaults of azure to hold; Passing off from the bosom of earth like a sigh, Such is the magical life of the young butterfly. It resembles Desire, which, in search of new sweets, Alights on each object of beauty it meets, But restlessunsated with bliss of the earth, It returns to the heaven from whence it had birth. p. 119. The historical sketch, De Gourgues, has merits of a higher and more serious order, than are often to be found in any works of a merely popular character. It is distinguished by accuracy and depth of research, and by great clearness and strength of style, and leaves us reason to regret, that talents such as it indicat e not oftener employed in more elabo- rate and extensive ustrations of our national annals. We next meet with a free translation of one of the best of. .the Dram7ni Sacri of Metastasio. The character of this authors The Talisman. [Jan. style is well known, even to those who have but a tinge of mod- ern literature. He is remarkable for the extreme felicity with which he expresses natural sentiments, although his writings, particularly in his arie, are profusely interspersed with con- cetti. He is said to have been himself so perfectly persuaded of his own unrivalled aptitude of expression, that, in reading his productions to his frends, he would frequently anticipate their applause, by the self-complacent question, Si pui dir meglio? In his Sacred Dramas, however, he has been less successful. The lightness of his style of composition, and the perpetual recurrence of his arie are not suited to the sol- emnity of his subjects, and he is sometimes extremely frigid in his management of particular scenes. We will point out an instance in the drama immediately before us. On the return of Isaac unharmed from the sacrifice, Sarah faints. Isaac is naturally alarmed, but Abraham reassures him by telling him, that such things are very common, and that his mother will soon come to, if left to herself. Isaac, however, is not satis- fied, and cannot understand how one, who has supported so many sorrows, should be unable to support a single joy. Abra- ham. then goes into a philosophical explanation of the matter, winding it up with an aria, of which the substance is, that miseries are so common, that men learn to bear them from habit, but felicity is so rare that they are apt to be over- whelmed with the first instances of it. With the difficulties of the original, however, and of the nature of the subject, the translator has successfully contended. The instance below, compared with the passage of which it is a paraphrase, shows an improvement upon the original, in its own style. ~ Thine innocent child, in thy late years, Quell innocente figlio, Vouchsafed by Heaven to thy desires, Dono del Ciel s~ raro, Whom love so just, so strong endears, Quel figlio a te si caro, God at thy hand requires; Quello vuol Dio da te. Requires thine offsprings blood to flow Vuol che rimanga esangue Beneath thy sacrificing knife, Sotto al paterno ciglio; Requires the priest to strike the blow Vuol che ne sparga il sangue Who gave the victim life. p. 149. Chi vita gi~ gli die. It would be impossible for us to give a competent idea of this translation by extracts; we will point out the concluding speech of Abraham, as an instance of j~ppy rendering, and remark, in passing, that the engraver has been very successful in the accompanying illustration, with the single exception, that the breadth of the lower side of the face of the infant is too great for his position. 1828.J The Talisman. In the story of Major Egerton, the man of various phases, we strongly suspect Mr Herbert of having indulged himself rather freely in the travellers license. His hero is an actor of all work, and actually appears in different parts of the narrative as an Indian, an English officer, an actor, a common soldier, a rector, a Mameluke and a howling Dervish, all of which charac- ters he maintains with probability and propriety. Both the de- scriptive and dramatic parts are well executed, and se non ~ vero, ~ ben trovato. We are next presented with a spirited sonnet, on the subject of William Tell in chains, the design of which, by Inman, engrav- ed by Durand, forms one of the principal ornaments of the work. The Cascade of Melsingah is an attempt, of which too few instances are to be found in our literature, to associate with a spot of wild and romantic beauty some tradition, that may give it ne~v interest. The description will readily recall it to the lovers of natural scenery, who have visited it; but we believe, that it is from the author of the present tale, that they must, for the first time, learn its name. If he has not invented the tradi- tion which it includes, he has certainly availed himself of it with great poetical felicity; and the numerous visitors of the scene in days to come, after the perusal of this simple and natural story, will find in it charms to which they were blind before. We must gratify our readers with a single descriptive passage from it. Who does not know the little cascade of Melsingah? If any of my readers have never visited the spot, nor heard it described, let, me tell them that it is situated on the east hank of the Hudson, a little below the mouth of its tributary Matoavoan, about sixty miles from New York, at the foot of the northernmost ridge of the Highlands, where it crosses the river and stretches away out of sight to the northeast. A brook comes down the crags and woody sides of this ridge, and is fed by the mountain springs throughout the year. After having collected all its waters, it flows for a short distance through the forest, in a narrow rocky glen, parallel to the base of the mountain, and finally pours itself in a thin white sheet over a high precipice. From this precipice, the rocky banks, rising above the top of the cascade to a considerable height, recede on each side, and then return in a curve towards the rivulet, forming a little circular amphitheatre, having the blue pool into which the water descends at the bottom, and, at the lower end, the passage by which the brook hurries off rapidly to. wards the Hudson. The face of the rock down which the water 272 The Talisman. [Jan. falls, is covered with a thick mantle of green moss, which keeps its place in spite of the current passing over it, and only serves to work the slender sheet to greater whiteness. Trees of the forest overhang the hollow; the maple, the bass-wood, the black ash, and the hemlock mingle their boughs, and the moose-wood rat- tles its bunches of green keys as you place your hand on its striped trunk. In May the dog-wood whitens the high bank with its flowers; in June the broad-leaved kalmia hangs out its crim- son-spotted cups over the stream where it comes down from the cleft above; and all around the witch-hazel flaunts with its straw- colored blossoms in December, like an antiquated belle in the ornaments that belong to the spring of life. Above, is a small open circle among the foliage, corresponding with the shape of the banks, at which the sun looks in for a moment at noon; but the wind never descends into the hollow save in the winter, when it sweeps the loose snow into the glen, and mars the fantastic frost- work of this waterfall. For three quarters of the year the stream pours over its rock unvisited and unheard, save by the few who love what is beautiful in nature for its own sake. But in the hot months it is a place of resort for those who come to see what every hody talks about; and the woody solitude is invaded by strange feet, and the solemn and eternal sound of the falling water min- gles with voices that have no business there. pp. 198200. The Legend of the Devils Pulpit is the last item of this various assortment. To those who are intimate with the his- tory and localities of New York, it must be extremely divert- ing. We should almost belieye, from the familiarity of his contemporary allusions, that Mr Herbert had been an actor in the scenes he so faithfully describes; for aught we know, the original proprietor of the Pulpit himself. He professes, how- ever, to quote from manuscript documents, and gives us a sto- ry, of which the following is a sketch. Tevas Oakes, son of the sexton of Trinity church in 1760, suddenly becomes met- amorphosed from a strolling vagabond into an exquisite of that period. At the summit of his elevation, partly attained through the instrumentality of Villiam Wince, his tailor, he spurns the base degrees by which he did ascend, and employs another more fashionable artist of the same tribe. Vince in revenge determines to discover and expose the mystery of his ungrateful employers sudden splendor, and having ascertained that he absents him- self every Friday, tracks him, and conceals himself on board of the Petty-auger, which conveys him to Weehaxvk. He returns the next day in a panic, with a story that the Devil preached over at Weehawk, and that he talked handsomer than the 1828.] The Talisman. 273 rector or the recorder2 This story collects, of course, a crowd. They are harangued by Dr McGraw, a most original personage, whose characteristic trait is an abhorrence of quack- ery, and who, as we are credibly informed is an actual histor- ical personage, yet remembered by the older inhabitants of New York. The Doctor assembles a sufficient force to pro- tect him against all possibility of danger, and after passing through a variety of appalling sights and sounds, arrives at last at the scene of action. The mystery is then discovered to be the contrivance of a band of smugglers, with which Tevas is connected, to protect the magazine of their contraband wares against the visits of the curious. The Doctor seizes the pre- tended Devil, and after having catechised him in a most whim- sical manner, lays him for ever, to the infinite satisfaction of his audience. The strange exorcist then seats himself upon the pulpit, from which he utters the following soliloquy, in the spirit of prophecy, applicable, as we suppose, to the present inhabitants of New York. Yes, said he, I see how it is. These poor people too must go the way of all flesh. Half a century hence, they will be as wicked as the Londoners. With the same vices, they will have more wit. But what of that? So much the worse for them. They will have their South Sea bubbles, their land bubbles, their bank bubbles, and all manner of bubbles. They 11 have their Stock Market and their New Market; and there will be bulls and bears, lame ducks, rooks and pigeons in both of them. They will have lotteries, and operas, and elopements, and cracked poets, and ballets, and burlettas, and Italian singers, and French dan- cers. And every second man in a good coat, will be a brokeror a lawyer or an insolvent. And there will be no more cash pay- ments; but the women will wear cashmeres, and the men will drink champagne..And the girls, instead of learning to cook and mend clothes, will be taught to chatter had French and worse Spanish, and to get their husbands into jail ;but there will be no jails in those days! for they will have bankrupt laws, and three-quarter laws and two-third laws, and the limits will be ag big as the county! There will be no more comfortable tea-drink~ ings, and innocent dances, but they will have their balls and routes and conversaziones and f& es and fiddlesticks. People will dine by candle-light of week days, and nobody will go to church on afternoons on Sundays! Folks will be knowing in wines and cookery and players and paintings and music, and know nothing of their own affairs. They will go to fashionable churches as an amusement, and to fashionable gaming-houses as vOL. XXVI.~o. 58. 35 274 Prrmary Books in the Study of Latin. [Jan. a business. The girls will learn to waltz of the Germans, and their mammas to flirt from the French. The boys will all be men, and the old men will try to be boys. Then they will have all manner of quackery, from a patent pair of loops to hold up their breeches, to a patent way of paying off the national debt. And they will run after the heels of every quack who comes among them, and think he is the devil himselg though he has not half the sense of the dirty little devil that I have just dis- charged! And the doctors will quarrel about moonshine, and ruin the character of the profession and themselves by telling the truth about one another! But I shall be gone ere then ;suffi- cient for the day is the evil thereof! pp. 283285. This comic narration is ~accompanied by an engraving from an original design, in which the perspective is preserved with uncommon accuracy and effect. In concluding our notice of this volume, we deem it hut just to remark, that laying aside the mask of the ostensible author, it appears to us to be the production of the leisure morhents of two or three ripe scholars and practised writers. We think that we can recognise in scattered parts, the touches of pens, which we have seen engaged in highet employments. The bookis certainly un interesting and an avnrrsing one, far above the ordinary works of its class; yet we hope the time is not far distant, whe7a those among uS, who ar~ capable of assisting in the great work of building up a national literature, may not be corripelled to seek Ibr readers through a medium which must depend, in a great measure, ~for its popalarity upon the arts of publication, and upon the selection of a season to secure general circulation. ART. XV.CRLTICAL NOTICE. LLiber Primus, or a First Book of Latin F ercises; prepar.. edfor the Use of Schools and Academies. By JOSEPH DANA, A. M. Fifth Edition, corrected and improved. Boston. J. H. A. Frost. l2mo. pp. 192. 2.. The Latin Reader. First Part. From the Fifth German Edition. By FREDERICK JACOBS, Editor of the Greek An- thology, the Greek Reader, & c. Boston. Hilliard, Gray, Little, and Wilkins. [Stereotype Ed.] 1827. l2mo. pp. 233. THE first of these little volumes has long been known and gen- erally used in New England, as the first book after the grammar

Primary Books in the Study of Latin Critical Notices 274-277

274 Prrmary Books in the Study of Latin. [Jan. a business. The girls will learn to waltz of the Germans, and their mammas to flirt from the French. The boys will all be men, and the old men will try to be boys. Then they will have all manner of quackery, from a patent pair of loops to hold up their breeches, to a patent way of paying off the national debt. And they will run after the heels of every quack who comes among them, and think he is the devil himselg though he has not half the sense of the dirty little devil that I have just dis- charged! And the doctors will quarrel about moonshine, and ruin the character of the profession and themselves by telling the truth about one another! But I shall be gone ere then ;suffi- cient for the day is the evil thereof! pp. 283285. This comic narration is ~accompanied by an engraving from an original design, in which the perspective is preserved with uncommon accuracy and effect. In concluding our notice of this volume, we deem it hut just to remark, that laying aside the mask of the ostensible author, it appears to us to be the production of the leisure morhents of two or three ripe scholars and practised writers. We think that we can recognise in scattered parts, the touches of pens, which we have seen engaged in highet employments. The bookis certainly un interesting and an avnrrsing one, far above the ordinary works of its class; yet we hope the time is not far distant, whe7a those among uS, who ar~ capable of assisting in the great work of building up a national literature, may not be corripelled to seek Ibr readers through a medium which must depend, in a great measure, ~for its popalarity upon the arts of publication, and upon the selection of a season to secure general circulation. ART. XV.CRLTICAL NOTICE. LLiber Primus, or a First Book of Latin F ercises; prepar.. edfor the Use of Schools and Academies. By JOSEPH DANA, A. M. Fifth Edition, corrected and improved. Boston. J. H. A. Frost. l2mo. pp. 192. 2.. The Latin Reader. First Part. From the Fifth German Edition. By FREDERICK JACOBS, Editor of the Greek An- thology, the Greek Reader, & c. Boston. Hilliard, Gray, Little, and Wilkins. [Stereotype Ed.] 1827. l2mo. pp. 233. THE first of these little volumes has long been known and gen- erally used in New England, as the first book after the grammar 1828.1 Primary Books in the Study of Latin. 27ff~ for beginners in the study of Latia~ The extensive use of the book is the best test of the skill and judgment with which it was compiled. The author is an accomplished and well read Latin scholar of the old school. He prepared, also, the Latin Tutor, an introduction to the making of Latin, which has been in com~ mon use in our schools. The Liber Primus, by far the best book of the kind among us at the time it was published, was nev- ertheless susceptible of improvement. Mr Danas removal from New England probably prevented him from giving the work that revision and improvement which the present edition has received from another hand. It was the object of this book to remove the difficulties com- plained of in Valpys Latin Delectus, a classical little work, but which advanced too rapidly in the difficulties of construc~on for roost beginners to keep pace with it. It must ever be a subject of deep regret, says our author, that, of the rich and invaluable treasures of -Roman literature, so little has descended to us ex- pressly prepared for the use of children, or particularly adapted tQ lead beginners, by regular and easy steps, to the knowledge of the most useful and most interesting of all the languages of anti- quity. Although this is an evil, which, from its nature admits of no complete remedy, yet much has been done to lessen it; of which the two books before us are evidence. The most prominent improvements in this edition of the Liber Primus, are the omission of the translation at the beginning, and the transposition of the fables from the end of the book to a~place preceding the moral sentences, than which they are much rnore easy. Boys do not so easily comprehendmoral reflections,-however simple, as is generally supposed. ~For, if a literal transla- tion be made, the point is frequently not perceived, or its appli.. cation not understood. Fables and narrative pieces are much preferable for beginners on this account. The accents and marks for pronunciation, necessary in school books, have also been add- ed, and various additions and modifications~have been made in the Dictionary to make it conform in all respects to Adams Lat- in Grammar. This is important. Many inconveniences to the teacher, in reconciling contending authorities, are thus avoided. Besides, the book is printed on beautiful paper, and with uncom- mon accuracy. We have discovered no mistake in it. This lit- tle volume comes forward in its new dress and improved condi- dition with a very prepossessing appearance, and with new claims to attention. The Latin Reader, First Part, was prepared from the German edition by Mr Bancroft of the Round Hill School; who has con- ferred a favor on the community, by introducing another excellent 276 Primary Books in Ike Study of Latin. [Jan. 1828. and classical book for beginners in the study of Latin. This work, having previously passed through two editions, is well known to many instructers in this country, as possessing much to recommend it. But it has hitherto labored under the disadvan- tages incident to the first editions of all books of the kind. Not- withstanding the second edition supplied many deficiencies of the first, yet there was still room for improvement. One great deficien- cy in the Dictionary still remained; we mean the want of most of the proper names used in the text. This defect was the more felt, as the book is designed for children too young to be incum- bered with a Classical Dictionary, which every scholar, when farther advanced, is supposed to possess. The following are the most important changes which- have been made in the stereotype edition; the accents have been used in all parts of the work; the emphatic words and sentences, which, in the two former editions, were designated by spaces be- tween the letters, are now printed in italics, thus rendering them more distinct. The form of the Dictionary has been entirely altered, and more than fifteen hundred words, principally proper names, passive verbs, and participles, have been inserted. Ad- vertisement. We are now provided with two excellent books for beginners. The Liber Primus furnishes rather the more easy and gradual introduction to the study of Latin; and although composed in part of modern Latin, it contains little that is objectionable. It is well adapted to very young students, and to such as are not very vigorous in their intellectual powers. The Latin Reader is superior to the Liber Primus in point of Latinity, and is liable to no objection on account of classical purity. But it is somewhat more difficult, and better suited to strong and clever boys, and to those who commence studying at an advanced age. Both these books are now made to conform to Adams Latin Grammar and Dictionary, in the conjugation of the verbs, the declension of irregular and defective nouns, marks for quantity, & c. The corrections and additions in these respects are nume- rous and valuable; and evince great care and critical exactness on the part of Mr F. P. Leverett, under whose supervision we understand these books were published. The Second Part of Jacobs Latin Reader has been lately published, and is a judicious and useful continuation of the First Part of this work. QUARTERLY LIST OF NEW PUBLICATIONS. ARTS AND SCIENCES. A General History of Quadrupeds, with Figures engraved on Wood, chiefly from the Originals of Bewick. No. I. By Dr A. Anderson. Contributions of the Mac Laurin Lyceum to the Arts and Sciences. Vol. I. No. 2. New York. G. & C. Carvill. The Rudiments of Conchology, designed as a Familiar Introduc- tion to that Science, with Explanatory Plates. New York. BIOGRAPHY. Lemprieres Biographical Dictionary; to which are added Notices of a Hundred Eminent Living Individuals. Hartford. D. F. Robinson & Co. l2mo. pp. 444. A Sketch of the Life and Character of Matthew Irvine M. D. By R. Furman, M. D. Charleston. DRAMA. Merlin; a Drama in three Acts. By L. W. Baltimore. S. Sands. l8mo. pp. 18. EDUCATION. The National Reader, designed to fill the same place in the Schools of the United States, as is held in those of Great Britain, by the Com- pilations of Murray, Scott, & c. By the Rev. John Pierpont. Boston. The American Teachers Companion, being a Compilation of Select Speeches and Readings from the most Eminent American Authors. By John Golier. Philadelphia. A Sequel to American Popular Lessons, intended for the Use of Schools. By the Author of American Popular Lessons. An Elementary Treatise on Arithmetic in Theory and Practice. By James Ryan. New York. Collins & Hannay. l2mo. pp. 271. Introductory Arithmetic, prepared for the Pupils of the Lancasterian School, New Haven. By John E. Lovell. New Haven. S. Wads- worth. iSmo. pp. 228. The Childs Assistant to a Knowledge of the Geography and His- tory of Vermont. With a Map. By S. R. Hill. Montpelier. E. P. Walton. iSmo. pp. 90. Selections from Scripture, designed as Lessons in Reading for the Use of Adults, with Lessons in Spelling. Cambridge. Hilliard, Hetcalf, & Co. l2mo. pp. 132.

Quarterly List of New Publications 277-284

QUARTERLY LIST OF NEW PUBLICATIONS. ARTS AND SCIENCES. A General History of Quadrupeds, with Figures engraved on Wood, chiefly from the Originals of Bewick. No. I. By Dr A. Anderson. Contributions of the Mac Laurin Lyceum to the Arts and Sciences. Vol. I. No. 2. New York. G. & C. Carvill. The Rudiments of Conchology, designed as a Familiar Introduc- tion to that Science, with Explanatory Plates. New York. BIOGRAPHY. Lemprieres Biographical Dictionary; to which are added Notices of a Hundred Eminent Living Individuals. Hartford. D. F. Robinson & Co. l2mo. pp. 444. A Sketch of the Life and Character of Matthew Irvine M. D. By R. Furman, M. D. Charleston. DRAMA. Merlin; a Drama in three Acts. By L. W. Baltimore. S. Sands. l8mo. pp. 18. EDUCATION. The National Reader, designed to fill the same place in the Schools of the United States, as is held in those of Great Britain, by the Com- pilations of Murray, Scott, & c. By the Rev. John Pierpont. Boston. The American Teachers Companion, being a Compilation of Select Speeches and Readings from the most Eminent American Authors. By John Golier. Philadelphia. A Sequel to American Popular Lessons, intended for the Use of Schools. By the Author of American Popular Lessons. An Elementary Treatise on Arithmetic in Theory and Practice. By James Ryan. New York. Collins & Hannay. l2mo. pp. 271. Introductory Arithmetic, prepared for the Pupils of the Lancasterian School, New Haven. By John E. Lovell. New Haven. S. Wads- worth. iSmo. pp. 228. The Childs Assistant to a Knowledge of the Geography and His- tory of Vermont. With a Map. By S. R. Hill. Montpelier. E. P. Walton. iSmo. pp. 90. Selections from Scripture, designed as Lessons in Reading for the Use of Adults, with Lessons in Spelling. Cambridge. Hilliard, Hetcalf, & Co. l2mo. pp. 132. New Publications. [Jan. Pubiji Virgilii Maronis Opera, or the Works of Virgil, with copi- ous Notes. By the Rev. J. G. Cooper, A. M. New York. White, Gallagher, & White. Svo. pp. 619. HISTORY. A History of the Fight at Concord on the 19th of April, 1775. By Ezra Ripley, D. D. and other Citizens of Concord. Concord. Allen & Atwill. Svo. Annals of Salem from its First Settlement. By Joseph B. Felt. Salem. W. & S. B. Ives. Sketches of the History of Literature. By Wilkins Tannehill. 8vo. pp. 344. An Epitome of General Ecclesiastical History from the Earliest Period to the Present Time. Illustrated with Maps and Engravings. By John Marsh, A. M. New York. Printed by Vanderpool & Cole. l2mo. pp. 440. LAW. Reports oC Cases argued and determined in the Supreme Judicial Court of the State of Massachusetts. By Octavius Pickering. Vol. IV. No. 1. Boston. Hilliard, Gray, & Co. 8vo. Reports of Cases argued and determined in the Circuit Court of the United States, for the third Circuit. Vol. II. Philadelphia. P. H. Nicklin. Reports of Cases argued and determined in the Supreme Court, and in the Court for the Trial of Impeachments and the Correction of Errors of the State of New York. By Esek Cowen. Vol. Vi. Reports of Cases argued and determined in the Supreme Court of the State of Maine. By Simon Greenleaf, Counsellor at Law. No. 1. Vol. IV. Portland. Jas. Adams, jr. Reports of Cases argued and determined in the Supreme Court of Judicature of the State of New Hampshire, from Strafford November Term, 1823, to Grafton November Term, 1826, both inclusive. Vol. 3d. 8vo. Sketch of the Laws relating to Slavery in the several States of our Union. By G. M. Stroud. The Public Laws of the State of Maine from January 1822 to Jan- uary 1827. Portland. Commentaries on American Law. By James Kent. Vol. 2d. New York. 0. Haisted. Svo. Speech of the Hon. John L. Wilson, Senator in the Legislature of South Carolina, on the Propriety and Expediency of reducing the Laws of the State into a Code. New York. Printed by Gray & Bunce. Svo. pp. 44. Reports of Cases argued and determined in the Supreme Court of Judicature of.the State of New York. By William Johnson. Vol. 10. New York. An Essay on the Right of a State to Tax a Body Corporate. By Joseph K. Angell. Boston. Hilliard, Gray, & Co. Svo. pp. 44. MEDICINE AND SURGERY. Pathological Anatomy of Bichat, from a Manuscript of P. A B~clard. Translated from the French. By J. Togno, Student of Medicine, Reports of the Medical Society of the State of New York on Nos- trums and Secret Medicines. Part 1st. New York. E. Conrad. 1828.] New Publications. 279 The Eclectic and General Dispensatory, comprehending a System of Pharmacy and Materia Medica, with Receipts for the most com- mon Empirical Medicines. Collected from the best Authorities. By an American Physician. Philadelphia. Tower & Hogan. Svo. A Formulary for the Preparation and Employment of many new Medicines. By P. Magendie. Translated from the 5th Paris Edition. By John Baxtei M D With Notes and Additions. A Review of the Report of a Committee of the Medical Society of the City of New York on Dr. Chamberss Remedy for Intemperance. The American Journal of the Medical Sciences. No. 1. Vol. I. Philadelphia. Carey, Lea, & Carey. 8vo. MISCELLANEOUS. The 1hird Report~of the Directors of the Connecticut Retreat for the Insane, presented to the Society, May 11th, 18~27. Hartford. SvG. Hints for American Husbandmen. Philadelphia. American Chesterfield, or Way to Wealth, Honor, and Distinction. Philadelphia. J. Grigg. Maxims and Moral Reflections. By Norman Macdonald. 1 vol. l2mo. The American Vine-Dressers Guide. New York. l2mo. The Free Mans Companion. Hartford. Abel Brewster. Svo. The Manuscript. Nos. 3 and 4. New York. C. G. Morgan. The Philadelphia Monthly Magazine. No. 1. Vol. 1. Philadel- phia. The Juvenile Soavenir. Boston. John Putnam. Instructions for the Attainment of the Art of Playing on the Piano Forte, containing Illustrations of the Characters and Marks com- monly used in the Science of Music. By J. F. Hance. New York. The Printers Guide, or an Introduction to the Art of Printing, in- cluding an Essay on Punctuation. By C. S. Van Winkle. New York. White, Gallaher, & White. l2mo. pp. 240. Cartas Marruecas y Poesins Selectas. Por el Coronel Don Jose Cadalso. Preparado, Revisado, y Corregido por F. Sales. Boston. De la Imprenta de Munroe y Francis. l2mo. pp. 288. Views of Philadelphia. Philadelphia. C. G. Childs. The Atlantic Souvenir, a Christmas and New Years Offering for 1828. Philadelphia. Carey, Lea, & Carey. ISmo. pp. 384. The Crisis, or Essays on the Usurpations of the Federal Govern- ment. By Brutus. Charleston. Price 50 cents. Remarks on the Character of Napoleon Bonaparte, occasioned by the Publication of Scotts Life of Napoleon. From the Christian Examiner. No. 4. Vol. 5. Boston. Bowles & Dearborn. Syo. pp. 51. The Wanderer in Washington. P. Thompson. Washington. The Fourteenth Annual Report of the Society for the Suppression of Intemperance, with Resolutions passed at a Public Meeting held November 5th, 1827. Boston. l2mo. The Morning Star and City Watchman. By Elias Smith. No. 1. Vol. 1. Boston. Gales and Seatons Register of Debates in Congress. Vol. 2d. Washington. Gales & Seaton. Svo. pp. 1600. 280 New Publications. [Jan. -Sketches, by N. P. Willis. Boston. S. G. Goodrich. Svo. pp. 96. Some Serious Considerations on the Present State of Parties, with the Authors own case fairly stated. By Christopher Quandary. Richmond. A Voyage to the Moon, with some Account of the Manners and Customs of the People of Morosophia and other Lunarians. By Jo- seph Atterley. New York. E. Bliss. The Token, a Christmas and New Years Offering for 1828. Bos- ton. S. G. Goodrich. l8mo. Dr Tuckermans Fourth Quarterly or First Annual Report, address- ed to the American Unitarian Association. Boston. Bowles & Dear- born. 12mo. - An Inquiry into the Propriety of establishing a National Observa- tory. By James Courtenay. Charleston. Printed by W. Riley. 8vo. pp. 24. The Colonial Magazine. No. 1. Vol. 1. Plattsburgh. S. H. Wil- coxe. 8vo. pp. 96. Proceedings of a Meeting of the Friends of African Colonization, held in the City of Baltimore on the 17th of October, 1827. 8vo. pp. 19. The Talisman for 1828. New York. E. Bliss. 18mo. pp. 268. The Rev. Mr Mac Ilvaine in Answer to the Rev. Henry U. Under- donk, D. D. Philadelphia. Price 25 cents. The Trial of James Luckey and Nine Others, for a Conspiracy to Kidnap William Morgan, at the Ontario General Session, August 22, 1827. Whim Whams. By Four of Us. Boston. S. G. Goodrich. iSmo. pp. 216. The Memorial. l2mo. Boston. True & Green. New Military Tactics, compiled by J. Holbrook, late an Instructe~ in Mathematics in the A. L. S. and M. Academy. 8vo. pp. 350. POETRY. Poems; by Richard H. Dana. Boston. Bowles & Dearborn. l2mc,. pp. 113. Hymns for Sunday Schools. Printed for the Trustees of the Pub- lishing Fund. Boston. Bowles & Dearborn. 18mo. pp. 60. Clio, No. 3. By James G. Percival. New York. G. & C. Carvill. l2mo. The Confessions of Cuthbert, with other Poems. By Sydney Mel-. moth. Boston. Ililliard, Gray, & Co. iSmo. pp. 124. Early Lays. By W. G. Simms, jr. Legend of the Rocks and other Poems. By James Nack. New York. The Fredoniad, or Independence Preserved, an Epic Poem on the Late War. By Richard Emmons, M. D. Boston. W. Emtnons. NOVELS. The Buccaneers, a Romance of Our Own Country in its Ancient Day. Boston. Munroe & Francis. 2 vols. l2mo. Tales of the Fireside. By a Lady of Boston. Hilliard, Gray, & CG. 1828.] .Th/ew Publications. ORATIONS AND ADDRESSES. An Address delivered by Request of the Citizens of Norwich, July 4th, 1827. By Samuel Nott, D. D. An Oration delivered at Glouccster, July~ 4, 1827, in Commemora- tion of our National Independence. By Thomas Stephenson. Glou- cester. 8vo. pp. 24. Annual Discourse before the Philomathean Society of the Univer- sity of Pennsylvania, pronounced on the 25th of July, 1827. By Joseph R. Ingersoll. Philadelphia. Carey, Lea, & Carey. Svo. pp. 32. Inaugural Discourse delivered in Trinity Church, New York, Au- gust 1st, 1827. By the Rev. James Adams. Geneva. Printed by James Bogert. 8vo. pp. 51. An Oration on the Progressive State of the Present Age, delivered at New Haven before the Connecticut Alpha of the Phi Beta Kappa, September 11th, 1827. By Denison Olmsted, A. M. New Haven. H. Howe. 8vo. An Eulogium in Commemoration of the Hon. William Tilghman, LL. D., delivered on Thursday October 11th, 1827. By Peter S. Du- poi~ceau. Philadelphia. R. H. Small. 8vo. pp. 46. The Influence of a Good Taste upon the Moral Affections. An Address delivered at Amherst College before the Alexandrian Society, August 21st, 1827. By Daniel A. Clark, A. M. Amherst. 8vo. pp. 30. An Address delivered at Brunswick, before the Medical Society of Maine, September 4th, 1827. By D. B. Bartlett, M. D. An Address to the Guardians of the Washington Asylum, and the Members of the Board of Aldermen and Common Council. By a Phy- aician. In Reply to an Address by Thomas Henderson, M. D. An Oration delivered before the Mansfield Lodge, No. 35, at Mans- held, Ohio, June 25, 1827. By H. B. Curtis. Mansfield. J. & J. H. Purdy. THEOLOGY. A Sermon for Children, preached at St. Pauls Chapel to the Scliol- ars of the New York Protestant Episcopal Sunday School Society. By the Rev. C. K. Duffie. New York. A Sermon, preached at Dorchester, June 24, 1827. By Edward Richmond, D. D. Discourses on Intemperance, preached in the Church in Brattle Square, Boston, April 5th and April 8th, 1827. By John G. Palfrey. Nathan Hale. iSmo. pp. 111. Masonry Inseparable from Religion, a Sermon preached before the Grand Lodge of Maryland, at the Ordination of Ashler Lodge, No. 35, & c., on the 4th of July, 1827. By the Rev. Charles Williams, A. M., Grand Chaplain. A Discourse delivered in Hollis Street Church, Boston, September 2, 1827, occasioned by the Death of Horace Holley, LL. D. By John Pierpont. Boston. Stephen Foster. 8vo. pp. 31. An Inquiry into the Nature of Sin. By Professor Eleazer T. Fitch. New York. Six Sermons on the Nature, Occasions, Signs, Evils, and Remedy of Intemperance. By Lyman Beecher, D. D. ~Second Edition. Boston. T. R. Marvin. l2mo. pp. 107. VOL. XXVI.NO. 58. 36 282 ~TVew Publications. [Jan. A Fathers Reasons for Christianity, in Conversations on Paganism, Mahometanism, Judaism, and Christianity. Philadelphia. A Sermon on Small Sins. By Henry Ware, Jr. Boston. N. S. Simpkins. l2mo. A Review of Tracts published by the American Unitarian Associa- tion; first published in the Christian Magazine. Boston. 8vo. A Reply to Dr Channings Discourse, preached December 7th, 1826. By Joseph Mc Carrell. The Baptist Preacher. No. 1. Edited by the Rev. William Collier. Boston. Svo. On Experimental Religion. Boston. Bowles & Dearborn. l2mo. pp. 19. Professor Stuarts Commentary on the Epistle to the Hebrews. Vol. 1st. The Christian Review and Clerical Magazine. No. 1. Vol. 1. Phil. adeiphia. S. F. Bradford. Christ the True Light. A Sermon preached at the Convention of the Protestant Episcopal Church of the Eastern Diocess at Claremont, N. H., September 26, 1827. By Theodore Edson. The Religious Magazine, or Spirit of the Foreign Theological Journals and Reviews. No. 1. Vol. 1. Philadelphia. E. Littell. Two Sermons preached at Chelsea on Lords Day, October 21st, 1827. By Andrew Bigelow. Boston. Bowles & Dearborn. 12mo. pp. 40. A Sermon delivered at the Consecration of the Rev. Henry U. Un- derdonk. By the Rev. John H. Hobart, D. D. New York. The Unitarian, devoted to the Statement, Explanation, and Defence of the Doctrines of Unitarian Christianity. New York. Davis Felt. l2mo. pp. 56. A Review of the Rev. Mr Whitmans Discourse on Denying the Lord Jesus. Boston. T. R. Marvin. 8vo. pp. 48. The Foundation of Christian Hope, a Sermon preached at the Ordi- nation of the Rev. Tertius S. Clarke, over the Second Congregational Church and Parish in Deerfield, October 3, ~1827. By Dorus Clarke. Deerfield. The Testimony of the Three who bear Witness in Heaven on the Fact and Mode of Purification; a Sermon delivered at Lebanon, Ohio, August 19, 1827. By J. L. Wilson, D. D. Cincinnati. 8vo. The Doctrine of Pronouns applied to Christs Testimony of Himself. By Noah Worcester, D. D. Boston. Bowles & Dearborn. l2mo. Three Discourses on the Faith which was once delivered to the Saints. By Simon Clough. New York. C. S. Francis. A Sermon preached before the Massachusetts Society for the Pro- moting Christian Knowledge, at its late Anniversary, May 30, 1827. By Samuel Green. Boston. Crocker & Brewster. 8vo. pp. 50. A Letter to the Trinitarian Congregational Church in Waltham, Mass. By a Layman. Boston. Stephen Foster. l2mo. pp. 18. The New Jerusalem Magazine. September, 1827. No. 3. Vol. 1. Boston. Adonis Howard. Svo. pp. 32. A Finishing Stroke to the High Claims of Ecclesiastical Sovereign- ty. By the Rev. Asa Shinn. Baltimore. 1828.] JVew Publications. 283 A Delineation of the Characteristic Features of a Revival of Reli- gion in Troy in 1826 and 1827. By J. Brockway, a Citizen of Tray. Dr Samuel K. Jennings Protest and Argument against the Pro- ceedings of his Persecutors in the Baltimore City Station. Baltimore. The Decision of the Bishops who united in the Consecration of the Rev. Henry U. Underdonk on the Reasons presented to them against said Act. 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CONTE NTS OF No. LIX. ART PAGE. I. VON DORMs MEMOIRs 285 Denkwurdigkeiten meiner Zeit, oder Beitrage zur Geschichte vom letzten Viertel des achtzehnten und voni Anfang des neunzehnten Jahrhunderts, 1778 his 1806. Von Christian Wilhelm von Dolim. Memoirs of My Own Times, or Contributions to the History of the Last Quarter of the Eighteenth and the Beginning of the Nineteenth Century, 1778 to 1806. By Christian William von Dohm. II. LEGAL CONDITION OF WOMAN 316 1. The Law of Infancy and Coverture. By Per- egrine Bingham, of the Middle Temple. 2. Trait~s du Contrat de Manage, de la Puis- sance du Mar du Contrat de la Communaut~, et du Douaire. Par Pothier. ILL. STRUCTURE OF THE INDIAN LANGUAGES 357 1. Travels in the Central Portions of the Missis- sippi Valley. By Henry R. Schoolcraft. 2. A Vindication of the Rev. Mr Heckewelders History of the Indian Nations. By William Rawle. IV. HOPE LESLIE 403 Hope Leslie; or Early Times in Massachusetts. By the Author of Redwood. V. NORTHEASTERN BOUNDARY 421 1. Considerations of the Claims and Conduct of the United States, respecting their Northeastern Boundary, and of the Value of the British Colonies in North America. 2. Letters on the Boundary Line. By Verax. CONTENTS. VI. REVOLUTION IN PARAGUAY 444 Essai Historique sur la R6volution de Paraguay et le Gouvernement Dictatorial da Docteur Francia. Par MM. Rengger et Longehamp. VII. FLORIDA . 478 1. A View of West Florida. By John Lee Wil- liams. 2. Letters of the Hon. J. M. White. 3. Answers of David B. MComb, Esq. VIII. DUELLING 498 Personal Sketches of His Own Times. By Sir Jonah Barrington. IX. CAPTAIN HALLS VOYAGE TO THE EASTERN SEAS . 514 A Voyage to the Eastern Seas in the year 1816; including an Account of Captain Maxwells Attack on the Batteries at Canton; and Notes of an Inter- view with Bonaparte at St Helena, in August, 1817. By Captain Basil Hall. X. TRAVELS IN THE EAST 539 Bericht uber die Naturhistorischen Reisen der Herren Ehrenberg und Hemprich, durch Aegypten, Dongola, Syrien, Arabien, und den 6stlichen Abfall des Habessinian Hochlandes, in den Jahren 1820 1825. Gelesen in der K6niglichen Akademie der Wissenschaften, von Alexander von Humboldt. Report of the Researches in various Branches of Natural History made by Messrs Ehrenberg and Hemprich, on their Travels through Egypt, Dongo- la, Syria, Arabia, and the Eastern Slope of the Abyssinian Highlands in the Years 18201825. Read before the Royal Academy of Sciences, by Alexander von Humboldt. QUARTERLY LIST OF NEW PUBLICATIONS . . . . 574 583 INDEX

Von Dohm's Memoirs 285-316

NORTH AMERICAN REVIEW. No. LIX. NEW SERIES, NO. XXXIV. APRIL, 1828. ART. I.Denkwi~rdigkeiten meiner Zeit, oder Beitrdge zur. Geschichte vorn letzten Viertel des achtzehnten und vom fang des neunzehnten Jahrhunderts, 1778 his 1806. Von CHRISTIAN WILHELM VON DOHiVI. Lemgo und Hanover. 15 Wnde. 18141819. Memoirs of My Own Times, or Contributions to the His- tory of the Last quarter of the Eighteenth and the Be-. ginning of the Nineteenth Century, 1778 to 1806. By CHRISTIAN WiLLIAM VQN DOHM. THE author of this work died at Pustleben in May, 1820. The history does not strictly correspond to the promise of the titlepage, as it illustrates only the period from 1778 to 1786, the time of the death of Frederic The Second. The intention of the author doubtless extended further; but disease and the jufirmities of age prevented its execution. He himself gives as a title to this part of his work, History of the last Period of the Reign of Frederic the Second, King of Prussia, 1778 1786. Dohm was a man of excellent education and of experience in public business. He entered the service of the Prussian king in 1779, was particularly distinguished by the minister Von Herzberg, enjoyed the confidence and esteem of Frederic, and repeatedly took part in the most important transactions. He continued to gain respect under the two succeeding kings of Prussia. He was one of the Prussian ambassadors at the VOL. XXVI.NO. 59. 286 Von Do/tms Memoirs. [April, Congress of Rastadt, and when that Congress was interrupted by war and the murder of two French envoys, he was selected by the whole diplomatic corps to draw up the account of these atrocities. The province, in which he was employed in 1806, having fallen into the hands of the French, he was commanded by his sovhreign to remain at his post, that he might assist in alleviating the misfortunes of the vanquished. In the following years he was on diplomatic business at Warsaw, at Paris, and afterwards, as a permanent envoy from the king of Westphalia, at the court of Dresden. He obtained leave to retire in 1810, and, living on his estate at Pustleben in the county of Hohen- stein, devoted hhnself to letters and his history. We must mention to his honor, that as early as 17813 he pub-. lished a work of great merit, and in a tolerant spirit, on the improvement of the civil condition of the Jews. The work, of which we are to give an account, is written with sober judgment and great accuracy. It has a peculiar and permanent value, as it is drawn directly from the best sources, which to most persons were nnknown or inaccessible. Thus several treaties, never before published, have been brought to light from the Prussian archives; and on subjects of Russian politics the author had all the valuable aid, that could be gained from Count G6rz, the eminent Prussian minis- ter at Petersburg. For instance, the account given by Dohm of the origin of the armed neutrality was derived from him, and sufficiently substantiated by an appeal to written documents. We may add, thnt the work of Dohm is esteemed, by those of his countrymen most competent to judge in such a matter, for the candor displayed in it, for the trustworthy views it contains of many remarkable men and of important events, and for the clearness of its style. It was also acceptable to the Prussian court, a part of it being dedicated by permission to the pres- ent king. From the character of the~ contents of the work, containing many distinct accounts of perfidy and injustice on the part of the despotic rulers of the north of Europe, we think this circumstance is strong evidence in favor of the his- torical accuracy of these Memoirs. It is an acknowledgement of their truth on the part of the only persons having any inter- est to disprove it. Dohm is especially careful in his search after authorities, and where he does not succeed in obtaining those that are perfectly satisfactory, omits to treat the topic. 1828.] V~rn Dohms .llliemotrs. 287 The materials for a more copious notice of Dolirns public services are contained in the Preface to the history. We pass them by, as they have nothing of general importance, and we have already, we trust, related enough to secure the readers confidence in the good intentions of our historian, as well as in his means of information. The Memoirs are introduced (vol. . pp. 322) with .a general sketch of Frederic~ s eventful reign. Bred in the school of adversity, the character of Frederic had already been tried and influenced by affliction, before he began to rule. He found his kingdom in good condition, a treasure, which his fathers parsimony had accumulated, and an army, which his fathers love for fine soldiers had nourished, protect- ed, and spared. In a few months, the Austrian emperor Charles the Sixth having died, the youthful Maria Theresa succeeded; and Frederic at once pounced upon the helpless empress, and profiting by her misfortunes and her weakness (not of mind, for her heart was pure and her will firm), he wrung from her Silesia and the county of Glatz. Having thus far succeeded, Frederic was content; he would be considered -a conqueror from principle; he took what was deemed neces- sary for the security of his own kingdom, but formed no schemes of unlimited conquest. During this period Frederic conducted himself, not as the member of an empire, but as an independent monarch. He took no pains to get friends; he had confidence in himself. A minister at the German diet he deemed no better than a mastiff baying the moon. The seven years war, from 1756 to 1763 forms the second period of Frederics history. During this war he was forced, almost single-handed to bear up against Austria, France, Rus- sia, and Sweden, which were united for his destruction. The peace of Hubertsberg - made Frederics glory, like his king- dom, safe against attacks. The magnanimity and energy, which he displayed during the war, inspired admiration; and new moral power was imparted to the nation he governed. In the season of peace, which ensued, Frederic was ac- tively and zealously engaged to heal the woqnds of his kingdom. During the whole war he himself had contracted no debts now in peace he remitted the taxes, laid open to his subjects new sources of gain, promoted industry, and in fact enabled Prussia to recover from its losses, before other governments had Partition of Poland. 288 [April, become aware of the extent of the sufferings of their subjects. During the war Peter the Third of Russia, immediately on his accession, had joined Frederic; and the strange si~ht had been seen of troops marching from a hostile camp to the quarters of those, who but the day before had been counted enemies. Now in peace, the Prussian king succeeded in establisbing friendly relations with Catharine the Second. A repeated personal interview with the Austrian emperor Joseph the Second, in 1769 and 1770, promoted an approximation of their several interests; and the division of Polaid was destined to cement their union by crime. The idea of this division did not, however, originate with Frederic. He entered into it readily and fully; but it was the Austrian Kaunitz, who first made an encroachment on the limits of the republic. In the Appendix to this volume (pp. 433514), there is a detailed and critictd account of the negotiation, which led to the fatal result of the division of Poland. The materials for writing such an account did not exist in print till 1810, when they were published by Count von G6rz (who was the Prus- sian ambassador at Petersburg shortly after the division), but they nre neither well arranged, nor correctly printed. The collection has for its title, M6moires et Actes Autentiques re- latifs aux N~gociations, qui out pr~c~dies le Partage de la Pologne, tir6s du Portefenille d un ancien Ministre du 1 8~me Sii~cle. 1810., This volume, printed at Weimar, contains the letters and memoirs exchanged between the sovereigns, and the official reports of the ministers, employed in the nego- tiations. Our limits will not permit us to give a copious analy- sis of the facts, here collected; yet some we must adduce, to show our readers something of the nature of European diplo- macy. It will be remembered that in 1770 and the following years, Russia was at war with the Porte. Austria undertook to pre- vent the aggrandizement of Russia at the expense of Turkey. Frederic was bound by his alliance to preserve friendship with Russia, but at the same time discerned how adverse to his own interest would be the increase of Russia. The affair of Po- land became entangled with this war in the East. On the sixth of July, 1771, the Austrian ambassador Von Thugut signed at Constantinople a secret convention with Turkey, by which Austria, taking advantage of the necessities of the Porte, made 1828.] Partition of Poland. 289 valuable acquisitions of money, land, and commercial privi.. leges, and in consideration of these advantages, promised jointly with the Porte to compel Russia to return all the Turk- ish provinces she had conquered, and to secure the indepen- dence and freedom of the repuhlic of Poland, which would then he a wall hetween Russia and the Porte. Kaunitz made it a condition, that this convention should be kept a secret, and for excellent reasons. All the while that in his negotiations with the Porte he was assuming such obligations of hostility to Russia, he was using towards that power the strongest assur- ances of friendship, and promised, with certain conditions, to use his influence to procure for Russia an advantageous peace. Meantime the convention was kept a secret for several months; and Austria received a very acceptable strip of land as well as a large sum of money, very welcome to an exhausted treasury. in the middle of the year 1770 Austrian troops entered Po- land, and under pretence of setting up pillars to mark the bounds of Hungary, assumed a large tract of the republic, and kept advancing further and further, all the time making assur- ances to the Polish king of a great love of justice. This was the beginning of the division of Poland. Occasion had also been seized by Frederic of causing his troops to enter certain other Polish districts. The government of Poland appealed to Catharine, believing the empress would at least reserve to her- self the right of oppressing that country. These complaints were made to her in 1772, just at the time, when Prince Henry of Prussia was making the empress a visit, to induce her to accede to milder terms in her negotiations with Turkey. She communicated to him the intelligence she had received of the operations of Kaunitz, adding, that Poland seemed to be a country, where it was only necessary to stoop, to pick up what one would. If Austria chose to take a piece of that country, the neighbors had as good a right to do so too. Prince Henry seized on the idea with eagerness, developed at once a plan for the division of Poland, and having gained the approhation of the empress, communicated the scheme to his brother. Frederic and Catharine were soon agreed. And now it became the policy of Kaunitz, who began the business, to play the part of a coquette, and to make his part- ners in the robbery entreat him to join in the plunder. This he did, partly to avoid the odium of having started~ so disgrace- Partition of Poland. 290 [April, ful a scheme, and partly to quiet Maria Theresas scruples of conscience. She afterwards gave an assurance, that Kaunitz had in this business been carried away by the force of cir- cumstances to act contrary to his true character. The mon- arch may have been honest in this assertion; but if so, Kauuitz was an accomplished hypocrite. Kaunitz first declared that the attempt at a division of Poland would lead to interminable perplexities. Frederic saw through him at once, and told the Russian court, that they might cer- tainly count on Austria. Kaunitz next endeavored to get the first proposal to be made by Russia; and nothing having been communicated, he at last grew impatient, and in October of 1771 he determined to bring the Russian court to an explana- tion. For this purpose he assured the Russian ambassador, Prince Gallitzin, that the terms of peace with the Porte pro- posed by Catharine, though more moderated, were yet such as Austria could not support. He next suggested proposals, which he declared himself ready to advocate, but which he well knew the empress would reject. Yet, be added, Austria could offer no assistance, unless Russia would guaranty the integrity of Poland, and promise never to take any part of that country for itself or any other power. But though the indivisibility of Poland was an essential point, he continued, that he was nevertheless determined to reassume a piece of land, which bad formerly belonged to Hungary, but had been mortgaged to Poland. The old constitution, he declared, was to be maintained, but it might still receive such modifica- tions, as the interests of the neighboring countries required. The drift of this declaration was well understood in St Pe- tersburg. Count Panin commanded the Russian ambassador to reply, that it was a contradiction for Austria to maintain the integrity of Poland, and yet take a piece without the consent of the republic; that Russia and Prussia likewise had ancient claims to part of the territory of Poland; and that justice and the preservation of the balance of power required of Austria to consent, that the three courts should consult together re- specting the nature and extent of their claims. Immediately on receiving this communication in January, 1772, all the scruples of Kaunitz vanished as to the conditions of peace, which Russia had proposed. Only he gave the crafty counsel, that Catharine should first make much more 1828.] Von Dohms .Memotr:. 291 severe requisitions than she designed to insist upon, to which Austria might earnestly object. Then by degrees the terms being made milder, as if by Austrian influence, both powers were to unite in pressing them upon the Porte. He begged to know, what part of Poland Russia and Prussia claimed, re- commended the most intim~itte intercourse on the subject, and the most speedy termination of the negotiations. He also recommended profound secrecy in the transaction. Lastly, he added, that if they could not get precisely equal parts in Po- land, there was a neighbor, who had too much land, and might be made to yield some of it. When Gallitzin, surprised by this last hint, said, there was no such neighbor, unless it were the Porte, Kaunitz said plainly, that it was the Porte he meant. This plan for jointly plundering Turkey as well as Poland was made just six months after the convention which was men- tioned above, and by which Austria had pledged herself to take part with the Porte, till all its possessions should be recovered. Of that convention the English, some how or other, had ob- tained a copy, and made haste to transmit it to Petersburg. It arrived there just at the time, when this new proposition of Kaunitz was received. Thus all confidence in Kaunitz was at an end; and the Russian ambassador at Vienna was charged to watch his motions with the most jealous mistrust and to re- pose no faith in his word. It soon became plain that it was the design of Kaunitz to enlarge Austria, if he could, as well by taking from Turkey as from Poland. Meantime the nego- tiations were continued, and on the fifth of August, 1772, the final agreement was signed at Petersburg by the ministers of the three powers. The king of Poland declared, he would sooner cut off his right hand, than sign the act of cession; but he did sign it, and his hand remained whole. The three powers guarantied to each other their respective new posses- sions, and added a stipulation, that however their interest might otherwise divide them, they would at all times and under all circumstances make a common cause of the defence of their acquisitions. The fourth and last period of Frederics reign was distin- guished by deeds of public virtue, which had a wide and most salutary influence on the condition of Germany. He labored assiduously and with entire success for the independence of 292 Von Dokms Memoirs. ~Apri1, the several sovereignties of the empire. At the head of the Austrian state there now stood an ambitious prince, emulous of the distinction which Frederic had acquired, and threatening the liberties of the neighboring states. The whole course of the contest respecting the Bavarian succession is related by Dohm with great distinctness and a thorough knowledge of all the men concerned in it, and all the interests that were at issue. To follow him in his narra- tion is not permitted us. We refer the student of history to the work itself, undoubtedly a leading authority for this whole subject, to which we are able to devote but a small space. The great points of the controversy are well known. In 1777 Maximilian Joseph, Elector of Bavaria, died through the want of skill of a physician. He left no children, and with him his branch of a princely family ended. According to the feudal law the other branch of the family, which still flourished in the Palatinate, was entitled to the inheritance. The next heir was Charles Theodore, a man of vile character, and likewise without legitimate children. The Austrian em- peror deemed this a fit occasion to possess himself of Bavaria, and immediately caused his troops to enter the territory. Charles Theodore ~vas abject enough to agree to the Austrian demands; and Joseph the Second imagined himself secure of gaining quiet possession of what Austria had long coveted. The heir of Charles Theodore was Charles, duke of Deux Ponts; his assent to the encroachments of Austria seemed now alone necessary, and every thing was done to win him. In this state of things Frederic interposed, by a series of admirably conducted negotiations, in which Count Gorz laid the foundation of his fame as a statesman; he animated the duke of Deux Ponts to decided opposition, and took upon himself the guaranty of the rights of the duke to the Bavarian succession, against all unjust claims of the court of Vienna. Frederic was now justified in making representations to the Austrian government. That government was at this epoch directed by Wenzel Anton, Prince of Kaunitz-Rittberg. He was a statesman of great understanding and extensive expe- rience in public business, a friend and patron of science and the arts.* it was he, who devised the union between France * Dohm, Vol. I. pp. 7276. 182e.] Von Do/tms Memoirs. 293 and Austria, by which in 1756 a new political system was es- tablished on the continent of Europe. Afterwards he also be- gan the division of Poland. He was bold in designing, and crafty in executing. He could veil his plans in impenetrable secrecy; and was a master in the arts of hypocrisy. Supe- rior to base selfishness, he honored and rewarded talents and merit, where he was not himself in danger of being eclipsed. His good opinion of his own capacity was unlimited. His great object was, to make the state in which he was employed the first in Europe, and to be himself the first man in that state. Whatever promoted these views was acceptable to him; he troubled himself little about justice. His manners were marked by haughty condescension and sometimes by striking irregularities; all which served to elevate him in the minds of the many. Maria Theresa had unlimited confidence in his sagacity, and her son and associate in the empire never dared to oppose the man, who had gained the name of being the greatest statesman of Europe. The Prussian ministers at this time were Herzberg and Finbrenstein. The latter was a man of experience and great respectability. The former was deeply versed in the relations and rights of the several European states; and those of Prus- sia he knew in the most minute detail. His knowledge was always at his command. His mind was lively and active; his style of writing clear, simple, and convincing; his activity and industry boundless; his sentiments noble. Love of country was a passion with him; and he counted much on the moral powers of mankind, of which he loved to dwell on the proofs afforded by history. On the other hand he was often deficient in prudence and secrecy; and sometimes incurred the displeas- ure of Frederic, by pressing views which the king did not approve. Frederic was himself the immediate agent in public affairs. Having resolved on his course and taken the necessary meas- ures without consulting any one, he then committed to his ministers, especially to Herzberg, the task of conducting the negotiations with Vienna. The claims made by Austria were subjected to long and learned investigations, and their injustice copiously exposed. Attempts were made to bribe Frederic not to interfere, by promising to permit him to increase his dominions in some similar way; but the Prussian king was not to be moved from his purpose. voL. xxvI.No. 59. 38 294 Vrn Do/tms Memoirs. [April, Of the war which ensued, the renewed negotiations for peace, the continued hostilities, and the final restoration of peace, an account is given in the first volume (pp. 137~5O). The empress Maria Theresa, anxious for the life of her children, and from every principle and feeling averse to war, sent i~ special message to Frederic, expressing her earnest de- sire to come to a mutual understanding. She hoped, such was her message, that it grieved the king not less than her- self, that they should thus pluck out each others hair, which age had already whitened. Still reconciliation was not easy, for the only terms which Austria proposed were such as Fred- eric peremptorily rejected. Meantime France and Russia were led to take an interest in the event of the war. France was the ally of Austria, but yet in secret averse to the increase of that power. Russia had been prevented by the war with the Porte, from taking an active part in the Bavarian affairs. Finally the peace of Kainardgi was concluded; and Catharine the Second was at liberty to interfere. She immediately did so, and with good effect. So wonderfully are the destinies of nations, even in the remotest lands, interwoven; whether Bohemia and Mo- ravia, Saxony or Silesia should he devastated by war, depend- ed on a negotiation, which was conducted between Petersburg and Constantinople. It was necessary, that the recognition of a Tartar Chan by the Porte should precede the preservation of the patrimony of a German princely house. Austria, however, retained by the peace a part of the land it had claimed. The whole extent, at first taken possession of, amounted to about five thousand square miles; Austria retain- ed about eight hundred; and Maria Theresa could hardly for-. give the king of Prussia, cc m~c1iant komme, as she called him, for wresting from her the remainder. Frederic thus secured to himself the applause of Europe and the gratitude of Germany. He returned Ao the careful administration of his kingdom,* and, as though he had done nothing for fame, began extensive reforms; and, as the great- est and best of his efforts, caused a code to be prepared, by which equal justice should be administered in all parts of his dominions, and the interests of separate districts reconciled and assimilated. The work was one of immense labor and equal benefit. * Dohm, Vol. I. pp. 251294. 1828.] Von Dolims .]JIemo~rs. 295 The Russian empress was gratified at seeing Austria some- what humbled, and checked in its attempts at iiggrandizement. She was also pleased at having acquired a right to interfere in the concerns of Germany; a right which Peter the Great had designed to gain. For Catharine had become a guarantee of the new peace of Teschen; and one of the articles of that peace confirmed that of Westphalia. Of this last, therefore, and consequently of the German constitution, Catharine be- came a guarantee. Catharine the Second had a lively mind, and a strong de- sire to distinguish herself by extraordinary deeds; and her mother gave to this ambition a political direction.* When Grand Princess, she found little satisfaction in intercourse with her husband, and was very much restrained by the empress Elizabeth. In the solitude to which she was thus driven she cultivated her mind ; ancient and modern history, and the best works of the English and French on politics, were her favorite subjects of study. She busied herself with vast ideas, and loved the extraordinary and romantic. In a memoir, written by Count Gdrz; the Prussian envoy at St Petersburg, she is described as one, who united amiable qualities with great- ness, and, superior to her sex in other respects, yet preserved its weakness in being fond of praise and flattery. Fortune had heaped updri her its choicest favors; for eighteen years she had been the sovereign of the vastest empire; beside the flatterers that surrounded her at home, she had been caressed ~nd flattered by all foreign courts; and circumstances having as- signed her so brilliant a part, it was impossible to say anything to her in the way of admiration too extravagant or too pointed. She possessed in the greatest degree the art of dissimulation; and no one could tell, what impression was actually made upon her mind. She was, moreover, extremely jealous of her son, and quite as much so of the Grand Princess. Count Panin (we draw the characteristics from the me- moir- of G6rz) was one of the first statesmen of Russia, and peculiarly worthy of attention to a Prussian prince, as he had steadfastly upheld the alliance between Catharine and Fred- eric. He was kind, generous, dibonnaire; fond of pleasures, especially of horses and the theatre; he was conscious of pos- sessing great knowledge on the different relations of the Euro- * Id. Vol. IL pp. 7, 8; and xxvixxvii. 296 Von Dokms Memoirs. [April, pean political system, was communicative, and met with cheer- fulness all attempts to gain his acquaintance. He hated Prince Potemkin, could not brook those who courted that fa- vorite, and on this point was even suspicious. Prince Potemkin was undoubtedly the most powerful man in Russia. He had genius and talents, but was little suited to conciliate either love or esteem. The Grand Duke, the Count Panin, and other noblemen of the empire detested him. He was proud of his regiment, which he esteemed the finest in the universe; and prided himself on his skill in regu- lating cavalry. Another subject to which he gave much at- tention, was the ceremonies of the Greek church; which he was fond of rendering peculiarly brilliant.* In the long series of personal favorites of the empress, he alone retained unlimit- ed influence over her till the period of his death. He first offered himself to her attention in the time of the revolution in 1762, and having once made himself observed by the bold.. ness of his deportment and his person, he used every art to excite an interest in her. Being once admitted to the imrne-. diate circle of her society, he employed all the resources of a courtier to overthrow his rivals, especially the Orlows. He was the avowed favorite from 1776, and confirmed his power over Catharine by withdrawing himself from time to time, and then returning again as it pleased his humor. By persuading Catharine that his services were indispensable to her security, rather than by the influence of attachment, he gained entire sway over the empress and the state. For Catharine knew very well that her authority, which had been founded on crimes, was impatiently borne by a great part of her subjects, and she deemed it therefore necessary to have at her side a man of fearful energy, capable of inspiring terror, and de- stroying every thought of opposition. Such a man she be- lieved she had found in Potemkin, and to establish her own safety through him, she conferred on him unlimited command. The use which he made of it may have caused the empress herself at times to tremble. Singular qualities he must cer- tainly have possessed, to maintain this power for sixteen years against all adversaries and rivals till his death, and he must have been favored by singular circumstances; but un * Dohm, Vol. I. pp. 404414, and pp. 585590. Vol. II. pp. xxvi, xxvii, and xlv,2dvii. 1828.3 Von Dohm8 Memoirs. blushing impudence on his part secured this influence over the feminine weakness of Catharine. Potemkin had no distinguished talents as a commander ; yet the whole army was under his control; and all the generals of greatest experience and fame were subject to his caprice. He understood but imperfectly the foreign relations of the empire or the wants of the interior; and yet it was he, who dictated to the vanity of the empress the measures to be adopted within her immense empire or towards foreign powers. He had no elevated ambition of any kind; it never occurred to him, that he could do good to mankind by wisely guiding the destiny of that large portion that depended on him. He knew of nothing nobler than the honors that dazzle the beholder; his whole soul was in the gratification of his vanity, and this he would sometimes do by pretending indifference. He would deny himself nothing; he would gratify all his whims; and he would have it known that he could do so. This was to him the great purpose of life. He disregarded all distinctions of birth, or rank, or wealth, and was always bent on showing that he was the only powerful man. Frederic the Second once di- rected his ambassador to offer Poternkin his influence in gain-. ing for him the crown of Poland; Potemkin replied, that he had never dreamed of such a thing; and did not respect the Polish nation enough to be willing to be their king. He treat- ed the most distinguished foreigners with contumely, and lis- tened to the proposals of foreign ambassadors with the con-. temptuous air of one who but just condescends to hear the requests of his inferiors and dependents. No rank secured the native Russians from insult; it is even asserted that he went so far as to beat the empress. It is certain, that he often opposed her loudly, and did on purpose the very opposite of what she had desired. Sated with pleasure, he lavished the public treasure with boundless prodigality in the gratifica- tion of his caprices. Though Catharine anticipated all his wants, that could be divined, and gave him incredibly large sums of money, he would yet turn to the gratification of his will money entrusted to him for public purposes, and would even forge orders of the empress on the treasury, to get pos-. session of money, and this when he knew it to be peculiarly needed by the state. And Catharine bore all this. Potemkin took bribes from foreign states to promote their objects; though his views were so contracted, that he could not judge Von Dolims .Memoirs. [April, of the true interests of the empire. Possessed of immense treasures, which he carelessly squandered at the gaming-table or for any fancy, he was accustomed never to pay those, who furnished him with the necessaries of life. Merchants held themselves ruined, when an order came to supply the wants of Potemkin. He had no sentiment of mercy in his nature. He would torment without any object, as if to show that he could do it with impunity. He had long and earnestly desired the Prussian order of the Black Eagle, but as it was sent him rather later than he expect- ed, he received it with a disdainful air, saying, he was much obliged to the king, but really, he already had such a host of that sort of distinctions, he did not know how he should be able to arrange them all. When Frederic learnt, that Potern- kin was aiming at the dukedom of Courland, he offered to assist him; but Potemkin very coolly replied, that Courland was not enough to satisfy him; and, besides, if he wanted it, he could take it himself, without giving the king any trouble about it. And he used on all occasions to set in the most ridi- culous light Frederics strict economy and simple mode of living. A story is told, and on the very best authority, that Potem- kin formally proposed to Frederic a second division of Poland, saying the first division was mere childs play; the whole should have been divided at once; it would not have caused greater clamor. Frederic rejected the scheme, on the ground of its injustice, and adopted in his order in cabinet the opinion drawn up by G6rz, and developing the subject in a moral point of view. To Potemkin the answer of Frederic was wholly unexpected; he read the kings letter three several times and then gave it back to the Prussian minister with the words, I never should have believed, that King Frederic had such romantic notions. He cared as little for human life as for money, if the waste of it pleased his capricious humor. Catharine wished to honor him after the manner of antiquity, and in 1787 gave him the appellation of the Taurian. In Russian affairs he did what- ever he pleased. If things of moment were sometimes decid- ed without him, it was because he did not take the trouble to interfere, and was willing to let them go. The single affair of the armed neutrality, of which an account follows, was de- cided contrary to his intentions. But the reason was, the do- 1828.] V~rn Dohms Memoirs. 299 cision depended on political knowledge, of which Potemkin had little, and which Panin possessed abundantly, and knew how to use with skill. Potemkin has been called a man of colossal greatness. But he was in no wise great. His mind was low and coarse. He began his career of success like the other favorites, chance having made him known to the empress; and he confirmed his power by an excess of impudence, and an entire insensi- bility to moral feeling and to honor. He cared neither for exercising a wide influence over the destinies of men, nor for gaining an immortality of fame; but wished to live in the midst of external splendor, have all men near him at his feet, and prove himself to be the man who needed to fear nothing. The success of her first war with the Porte filled Catharine with an exalted idea of her own merits and the resources of her empire. The deference and respect, manifested by other courts to her as a woman, were interpreted by her as ac- knowledgments of her superior power; and she would perhaps have practised no restraint towards others but for the fear of being checked in the execution of her great design. That design, by which she expected to render her reign eminently illustrious, and establish an immortality of glory for her own name, was the establishing of a Greek or Oriental empire. During her life it was ~ber intention herself to govern this new empire, together with liar monstrous possessions in the North, and then to bequeath the latter to her grandson Alexander, and the former to Constantine. The names of the children were tokens of the high destiny that was preparing for them. Constantine, from his birth, was treated as the future emperor of Greece and the East. He was baptized according to the rites of the Oriental Greek Church, which differ somewhat from the Russian, and he had Grecian nurses and attendants from the Archipelago. Accident prevented his being nursed with Grecian milk, but Grecian sounds were the first which he heard. He was called the Star of the East, and while yet a child, Greeks were admitted to his presence to do him homage. The glorious peace of Kudschutz-Kainardgi was negotiated just sixty-three years after the disgraceful one, which Peter the First had made to save himself from ruin. This seemed a good omen. Moreover, the religious, warlike enthusiasm of the Ottomans seemed to be extinct. The rulers were educat- ed within the seraglio to indulgence, not to the labors of govern- Von lJoAms Memoirs. [April, ing. The sultans were dependent on their ministers of state; and these, again, elevated from the very dregs of the populace, and destitute of all political knowledge, owed their security to the Janizaries. In the provinces the regents were almost in- dependent; and little of the money, which they collected, flowed into the public treasury. The numerous Greeks hated the Turkish government and were ripe for insurrection. And while the Turkish empire was gradually sinking, the neighbor- ing European powers were continually advancing in the arts of civil polity and of war. These views were represented to Catharine in their strongest light. Yet there were facts, which proved them to be exag- gerated. If the internal administration of Turkey was so bad, how could the empire continue to exist and array such for- midable armies against its enemies? If the pachas were almost entirely free, and if little of their revenues found its way to the Grand Seignior, where were the immense sums ob- tained to defray the cost of the naval battles and the land service? If despotic caprice controlled property, how came it that agriculture, mechanic arts, and manufactures throve in Turkey, and produced what formed the chief articles of an important commerce, which European nations were emu- ions of sharing? And can it be conceived, that these nations would continue trade with a country, in which the disregard of justice took away all security from the capital employ- ed in business? The condition of the ministers of state is the least comfortable; their misfortunes are held up in a strong light; but a private man can even in Turkey enjoy the fruit of his labors, and suffer less oppression than in many an European state. The natives are strongly attached to their country, which they call the land of freedom; and if business leads them to pass even years in foreign lands, they are accustomed to return as soon as possible to the land of their birth. It has even been asserted by the head of a large commercial house, which carried on much business with the Levant and with Russia, that debts due in the former were esteemed incompara-~ bly more secure than those in the latter, not only from greater confidence reposed in individuals, but also because the Turk- ish administration was more impartial and more prompt. To this it must be added, that the writers on the subject always advise the Europeans to endeavor to vanquish the Turks by superiority in tactics, and to avoid the contest between man 1828.] Von Do/tms Memoirs. and man, as one, in which the European soldier is sure to be worsted. The points,* to which we have here alluded will serve to explain the partial success of the Russians in their at- tempts to banish the Turks from Europe. It was the fleldmarshal Munich, who, more than any other, cherished in the mind of Catharine the design of subverting the Turkish empire. This celebrated general, called by Frederic the Second, the Eugene of the North, was in the Russian service even as early as under Peter the First; arid during the reign of Anna he was the terror of the Ottomans. He lost his influence under Elizabeth and for twenty years was banished to Siberia. Yet there his mind was brooding over great designs in his exile, and prepared a scheme for ihe entire ruin of the Turkish power. In 1762 he was recalled by Peter the Third, and now, an old man of seventy-nine years, he reappeared at a court, from which nearly all his contempo- raries had passed away, with the fire and ambition of vigorous manhood. Catharine employed him for the very purposes, which he promoted under Peter the Great; and he pursued them with restless activity. The empress was so charmed with his conversation and reposed such confidence in his expe- rienced counsel, that she usually passed an hour every day with him. It was now that he unfolded his plan, which, but for Austrias ill success and the disastrous peace of Belgrade, would have been executed under Anna, and which was now to lend lustre to the administration of Catharine. The thought took deep root in the mind of the empress, and was confirmed by the success of her generals in the first war with Turkey. Full of hope, she no longer concealed her ideas. She would playfully speak of the ancient Greek trage- dies, which were to be enacted anew on the sta~ of Athens by Grecian players; and medals were designed, if not exe- cuted, on the taking of Constantinople. All Europe applauded her for her design. No one asked if it was just, or if Rus- sian despotism was less oppressive than the Turkish. Reli- gious sympathy was awakened; a hostile feeling to a foreign race revived; the thought of the restoration of Greece capti- vated the imagination, and it seemed the more splendid and pleasing, that the beautiful design was to be executed by a woman. The tocsin of the kings was sounded by Voltaire; * Dohm. Vol. II. pp. 365381. voi.. xxvx.~o. 59. 39 Von DoAms .71{emoirs. [Apri1, and be advocated the war of extermination of the Turks, sometimes with fanatical fervor, sometimes with jests and gal- lantry. Barbarians, said he, who despise tl]e fine arts and shut up the women, deserve to be exterminated ; and it is meet for a heroine to chastise them for their contempt of the fair. I really think, wrote Catbarine to Voltaire, I must soon go to some university to study Greek. But if the many applauded, the cabinets opposed. Eng- land, though otherwise friendly to Russia, could not favor the banishment of the Turks from Europe; and the union of the Russian and Austrian cabinets aroused the attention of France. For France was interested in maintaining the Porte, because it could furnish so much occupation to powers hostile to France; and still more, for the immense injury, which the French commerce would sustain by the ruin of Turkey. Is there another example in all history of commercial advantages con-. ceded, such as were secured to France by the Porte? Into all the Turkish possessions the French might import and export every kind of raw or manufactured product, paying a duty nominally of three, actually of two and a half per cent. Not only other nations, the Turks themselves paid a double, and on some things, a threefold greater duty. The coasting trade on the Turkish coasts was carried on in French ships, free from any duty or tax whatever. The French residing in Turkey, stood under the sole jurisdiction of their own state. The com.. merce with France was constantly on the increase. At the beginning of the eighteenth century the exports from Turkey to France amounted to about two millions of livres; but in the middle of that century to twenty-two millions; and in the year 1786 they amounted to thirty-eight millions eight hundred thousand livres. Through the influence of France Spain en- tered into a commercial treaty with the Porte, and promised, it is said, to permit no vessels hostile to the same to pass through the Straits of Gibraltar; and France was even preparing to break its alliance with Austria, and renew its relations of inti- macy with Prussia. The diplomatic relations of the European powers were at this time exceedingly curious. Prussia had an intimate alli- ance with Russia, and having faithfully fulfilled its obligations in the first war between Russia and Turkey, believed itself now fairly entitled to a reciprocity of favor, and was reluctant to relinquish its claim to this. The disastrous union between 1828.1 Von Dohms Memoirs. 303 Austria and France still continued. And now the doctrine of elective affinities, with a slight modification, was to prove itself good in politics. A new ingredient is added in the Porte. Forthwith Austria unfolds itself from the embrace of France, and falls into the toils of Russia; France, left thus alone, en- deavors to form a new combination with Prussia, which must first set itself free from its Northern ally. The difficulties, which stood in the way of this last combination, we shall en- deavor concisely to explain. The principal aim of France was, to defeat the schemes of aggrandizement formed by Russia and Austria; the principal aim of Frederic, to dissolve the union between France and Austria. France wished to retain its union with Austria, but to prevent its aggrandizement; and for that purpose was will- ing to act jointly with Prussia in a protest addressed to the court of Vienna. Frederic sincerely desired a union with France, his natural ally, with whom he believed himself really to have common interests; but he was too cautious to trust himself in an alliance, before France should have had a rup- ture with Austria. He was unwilling, that an apparent union between his kingdom and France should be made use of in negotiations with the imperial courts; since he would in that way lose the benefit of his alliance with Russia, and ~ain noth- ing. He had no fear that the empress and the emperor would succeed against Turkey; partly because he believed a vigo- rous nation like the Turks would make themselves formidable by the resistance of despair; partly because he knew the in- capacity of the Russian military commanders; and, most of all, because he counted on mutual jealousy, which, in case of partial success, would soon beget a quarrel about the distribu- tion of the spoil, and so take it all out of their hands. Indeed the Prussian king was, on the whole, pleased, that the imperial courts, since they, would have war, should turn their attention to the East. Meantime Frederic used every means to avoid appearing to counteract the schemes of Catharine. But alas for the chances of diplomacy! He commanded his charge d affaires at Constan- tinople, Baron von Gaifron, ~to be exceedingly circumspect, but not to lose a good opportunity of stirring up the Porte to resist the ceding of the Crimea to Russia, provided he could do so without danger of being discovered. Accordingly the envoy indited a m6moire for the most private edification of the Turkish minis- Von Do/tms Memoirs. [April, ter, and gave it to his drogoman to translate and deliver. The drogoman, being bribed, gave the m6moire to the Russian am- bassador, who soon announced the affair at St Petersburg. Catharine, without communicating the particular circumstances, remonstrated with her faithful ally Frederic, that his charge d affaires had been acting against her interests. Frederic dis-~ claimed all participation in the business, recalled Von Gaifron, investigated the matter, and found nothing, that he thought could be known to Catharine to justify her complaints. Still she insisted upon them, and Frederic, to show at least his own innocence, turned Von Gaffron out of office, and put him in prison. Such are the rewards of European diplomacy. Its morality resembles the Spartan principle about stealing. To play a double part is honorable and the patriotic discharge of duty; but to be discovered is a crime and a disgrace. While negotiations were conducted with careful reserve be- tween the Prussian and French governments, the courts of Vienna and Petersburg were not less active, and hardly more successful. To Catharine the expulsion of the Turks was the great purpose; to Joseph the Second it was a secondary con- sideration, to be made subservient to his views on Bavaria and elsewhere in the West. He acceded to the Russian policy to oblige the empress, that so the empress might in turn favor him. He did not believe success against the Turks so sure or easy as was imagined; and acknowledged also, that the Aus- trian interest would suffer from the capture of Constantinople by his northern rival. The nearer the two imperial courts came to the execution of their schemes, the greater difficulties rose between them. Potemkin meant Moldavia and Wallachia for himself; and so mighty were Potemkins whims, that Joseph did not dare to utter a wish for their possession. More- over Catharine deemed it enough to restore to Austria the provinces which it had lost in the peace of Belgrade; the idea of an Eastern empire was her own; the affair of getting pos- session of Turkey was her speculation, and in that business she wanted no partners. Thus kind words and promises of friend- ship were frequent; and beneath all mistrust was nourished. The news of the alliance between Austria and Russia in 1783 produced extraordinary effects. The Porte was alarmed, and Catharine joyfully, and with really wonderful art, turned the fear of he Turks to her advantage in negotiations. For all that she could thus gain was her own; her treaties with the 1828.] Von Dolims .Mernoirs. 305 Porte were not Austrias affair; that power had nothing to do with her private concerns. And thus without striking a blow, and without giving Austria a chance at any advantage whatever, she constantly turned to her own account all the benefit, which could be derived from the menace of a joint invasion. And the chief advantage she thus gained was the possession of the Crimea. The convention of March 10, 1779, con- firmed in the most solemn manner the. independence of this sovereign state. No foreign power should under any circum- stances whatever demand of it an account of its actio~ns; Russia and the Porte, each promised, by all that they acknowledged as holy, never, under any pretence, to interfere in its concerns. The spiritual supremacy of the Grand Seignior was recognised, but was never to extend to other relations. Should either party by any unforeseen accident become entangled in the concerns of the Tartars, it was agreed, that no step should be taken by it, without consulting the other. Notwithstanding these obligations, Catharine took part in the troubles, which~ soon broke out in the Crimea. The new Chan, Schahin Gheray, was devoted to the Russian empress, and trusting in her protection, imposed new burdens, violated established usages, and pretended to be greatly enamored of European culture. To diffuse this in all its lustre, (shall we be believed as we write?) he formed the resolution of having the large French Encyclopedia translated into the Tartar language. His authority did not last long enough to execute his purpose; and when Catharine was mistress of the destiny of the Tar- tars, in a better spirit of toleration, she had a beautiful edition of the Koran printed for the benefit of her Mahoinedan subjects. The Tartars revolted; and refusing to continue their alle- giance to Schahin Gheray, substituted Dewlet Gheray in his stead. The Russians had not yet withdrawn their troops; the Turks, therefore, felt themselves justified in sending troops to Taman, to relieve those who were suffering for their religious faith. This served Russia as a pretext for hostilities; and Prince Potemkin undertook the guidance of afihirs. Blood and booty were the watchwords. Thousands of families were destroyed, or carried away into bondage in remote Russian provinces; till finally the Chan and some of the royal tribe declared, that, convinced that happiness could be found only under the mild government of the empress, they submitted Von Dokms Memoirs. [April, themselves and their nation unconditionally and for ever to her authority. On the eighth of April, 1783, the empress issued her manifesto, that for sundry reasons therein given, she had been induced to receive under her authority the peninsula of the Crimea, Kuban, and the island Taman. Her new subjects were exhorted to fidelity and obedience. The oath of alle-. giance to the empress was administered; every refusal was punished with death. Thirty thousand were slaughtered at one time; and thus the opposition was soon done away. The Chan, who had betrayed his nation, received for three or at most for four years the payment of the pension, that had been promised him. When that ceased to be paid, he fled to Turkey, and was executed in the island of Rhodes. As if nothing had happened, Catharine directly proposed a treaty of commerce and amity with Turkey; the memhers of the Turkish ministry were terrified or bribed, and a treaty was actually closed in June of the same year, of which treaty the conditions were in an unequal degree favorable to Russia. Hardly had this been effected, when she proceeded still fur-. ther, and demanded of the Porte a recognition of her sove- reignty over the Crimea; threatening war, and Austria joining her in the threat, if she received a refusal. The Porte yield- ed, and the river Kuban became the acknowledged boundary between the Turkish and Russian empires. Thus Russia tore from the Porte a province, important as an outpost, but still more so as the granary of Constantinople, and as a resource in war, capable of furnishing excellent soldiers. This province was now of vast importance to Russia, for it afforded the means of conducting the most extensive com- merce. Catharine and Potemkin both valued it chiefly as the preparation for further conquest. At the mouth of the Dneiper the empress caused a new city, Cherson, to be built, and over one of its gates the inscription was placed in the Greek tongue, This is the way to Constantinople. The new conquests re- ceived their ancient name, the Tauric Chersonesus, and Potemkin, who had now obtained the appellation of the Tau- nan, assumed the charge of changing the Tartars into good Russian subjects. In the execution of his office he knew no purpose beyond gratifying his own rapacity and the vani- ty of the empress. Constitution, manners, and established customs were despised ; justice was made a matter of purchase; the wealthy were plundered; many fled; many were driven into 1828.] Von Dokms Memoirs. 307 other Russian provinces; and foreigners were indiscriminately invited from all quarters. In former times the Tartar Chan had joined the Turkish army with fifty thousand well equipped horsemen; and now, two years after the land had become an integral part of the Russian empire, the census of all the male inhabitants is said to have amounted to but seventeen thousand. Thus far we have followed Dohm. Before leaving this sub- ject, we cannot but call to mind the remarkable journey, which four years after, in 1787, Catharine made to this part of her dominions, and which resembled a continued triumphal pro- cession. Potemkin wished to exhibit proofs of the rapid pros- perity of the Chersonesus, and the newly acquired provinces. Palaces were, therefore, erected to be occupied but for a night; signs of apparent prosperity and contentment were everywhere hung out for show; towns were built and people assembled to play the part of inhabitants; then the houses were left vacant, and the same people, having been carried forward by night, showed themselves on the next day, ready to act the same thing over on another spot. Music and dances were the order of the day; the plains, over which the Tartars had so recently sped their coursers amidst the loneliness of rude nature and countries occupied by Nomades alone, now re- sounded with strange notes of revelry, and glittered with all the splendors of imperial magnificence. The deputies of a hundred subject nations stayed the steps of the triumphant conqueror, the new Semiramis, who was come to receive their homage. The king of Poland, too, made his appearance to gaze at the novel spectacle; and Joseph the Second came all the way from his empire to see the show, and, remaining sev- eral days with the empress, the newly built city, Cherson, be- came gay and brilliant beyond imagination with the splendid flUes, which were given in honor of his arrival. Never had the banks of the Borysthenes been made the scene of such a series of festivals. And here in the solitary city of the desert, intoxicated with triumph, viewing with contempt the withered energies of the Porte, and holding out greedy hands to seize on new diadems, the German emperor and the Russian czari- na, perfected their scheme for the dissolution of the Turkish empire, and divided in anticipation their future conquests. This was in 1787. Suppose a prophet had appeared in the midst of their dazzling dreams and magnificent banquets, and Von Do/tms Memoirs. [April, opened to them a glimpse of the coming age. He could have shown them how destiny would laugh their plans to scorn, and mark out a widely different fate for the countries, whose for- tunes were the object of their deliberations. He could have shown them the imperial pride of Vienna humbled at the feet of a conqueror, and the crown of Germany cast aside among forgotten diadems; the lands of Austria diminished, and such as were left to her held, as it were, at the mercy of others; he could have shown them the palaces of Petersburg filled with terror, the Russian emperor disgraced by frequent defeats and injurious treaties, and finally, after years of anxiety, safety purchased only by sacrificing the ancient metropolis in the very heart of the country to the flames; while the empire, which their cupidity already declared their own, was, except- ing for a short period in a remote province, safe from the terrors of war, and preserved its territory undiminished and its honor unimpaired, elevated in fearless security above the wrecks and ruins of the shattered system of Europe. The interest belonging to the history of Russia, during the period when she assumed the rank of the first power of Eu- rope, has induced us to give more attention to this period of Russian history. We return from considering the progress of Russian arms in the South and East, to give some details on a topic,* which is of immediate interest to the United States. England entered upon the war with her colonies without al- lies. She demanded the assistance of Holland in pursuance of existing treaties. But assistance was refused on the ground that the case to which those treaties were applicable did not yet exist. From no nation could England hope more than from Prussia. It was known that Catharine the Second cher- ished a predilection for the English nation, and was decidedly averse to France. All insurrections of subjects against their rulers, were by her opposed from principle, and the suppression of them seemed the common cause of rulers. Hence the hope was conceived on the part of the English, that a treaty of al~ liance might be closed with her, binding her in the event to render them assistance. This subject was entrusted to Sir James Harris, afterwards Lord Malmesbury, the British minis- ter at St Petersburg, a diplomatist of extensive information and great activity. Panin, the chancellor of the Russian empire, * Dohm. Vol. II. pp. 100150. 1828.] Von Dohms Memoirs. 309 knew the state of the country too well, its finances exhausted by the war with the Porte, to admit of participating in a dis- pute carried on in another hemisphere, perhaps to be followed by entangling connexions, and an injury to Russian commerce. Catharine herself was also disinclined to relinquish the free and independent station in which she found herself. Harris, seeing little prospect of gaining his point in a direct way, endeavored to succeed by the influence of Potemkin, whom no means were spared to gain. An ambassador of a court concerned in the result, once observed to Count Panin, that he feared Poternkin was in the interests of England, as he had received of England fifty thousand rubles. Panin an- swered, smiling, Potemkin is not a man to be bought for so small a sum. And in fact, on inquiry, it proved that he had had not so many rubles, but pounds sterling. By means of Potemkin, Harris proposed to Catharine directly an alliance with England for the reduction of the English colonies, prom- ising in return the assistance of England in any further plans of Russia to subdue the Porte. But it belonged to the chan- cellor of the empire, from his office, to make an estimate of the tendency of such a proposition, and frame the proper answer to it. Drawing his arguments from the true interests of the Russian state, he demonstrated so clearly, that it was against the welfare of Russia to form such an alliance with England, that the empress was convinced, and the answer given, that while the most friendly dispositions were enter- tained towards England, the present time, when this power was engaged in war with several powers, was not a proper one for forming an alliance; Russia desired the restoration of peace; her threat of taking part in the war would but serve to extend and protract it. Harris was in consternation at this answer; but he received in private from Potemkin, and it is said by some, from the empress herself, assurances of unchanged good will, and an expression of the hope that circumstances would soon admit of her conforming her actions to her wishes. Accident seemed to favor the designs of the English am- bassador. Two Russian vessels, laden with corn, and bound to the Mediterranean, were captured by Spanish privateers, under the pretence that they were intended to supply the for- tress of Gibraltar. The empress was indignant; was bent on obtaining singular satisfaction, or, if refused, on avenging her- self on Spain by declaring war, and so uniting with England. VOL. XxVI.NO. 59. 40 .6lrmed JV~eu~rality. [April, These views she communicated to Count Panin; but without consulting him, ordered a fleet to be fitted out at Cronstadt, which, in the event of an unsatisfactory answer from Spain, was to join the English. The English envoy was informed of it, and made haste to communicate the good news to his court. Potemkin triumphed in his imagined advantage, gained over the chancellor. The fitting out of the fleet did not long remain concealed from Panin, nor was he in doubt as to its destination. But he determined nevertheless to carry his own views into effect. Far from appearing to oppose the designs of the empress, he declared, that he himself participated in her indignation at Spain, and approved her determination to require satisfaction for the injury done to the free commerce of her subjects and her insulted majesty. Nay, he would go further; he would even exhort his sovereign to seize this opportunity of solemnly announcing to Europe, that the empress of Russia would in nowise suffer the wars waged between other powers to affect the trade of her subjects. She would promise strict justice on her part and neutrality to all, but would consider any one as an enemy, who should invade the commerce of her subjects while conducted within the limits of justice. Principles so manifestly equitable, added Panin, will meet with universal approbation. The nations had long desired to see them adopted and maintained; but had desired thus far in vain, as till now no monarch had been possessed at once of sufficient power, and wisdom, and philanthropy to carry them into execution. But these were now united in Catharine, and she had an opportunity of acquiring a new fame, of becoming a lawgiver for the high seas, and so affording property a secu- rity, and trade a freedom~such as they never had possessed. Nations would admire her for the mild energy, with which she set bounds to the horrors of war, and future generations acknowledge her as their benefactor. Catharine was completely carried away by these representa- tions. She laid her commands on Panin to prepare a state- ment of the principles he had developed, to be communicated to the belligerent powers, as the rules prescribed for her sub-. jects; at the same time to call on all neutral states to adopt them, and to carry them into effect with their united force. And this was the origin of the famous armed neutrality, which established as a principle, that neutral ships may freely 1828.] .4rmed .TVeutrality. 311 pavigate from port to port on the coasts of belligerents; that tree ships make free goods, excepting contraband articles; that nothing is contraband but arms and military stores; that no harbor can be considered as under blockade unless that harbor is in fact so effectually blockaded, that no vessel can safely enter it. Thus a system, destined to become so conspicuous in the history of the world, and involving principles of such vast im- portance in the concerns of commerce, owed its origin to no enlarged conceptions of the maritime rights of nations, and to no wisdom having regard for the general interest and welfare of mankind; but was the result of the cunning of a statesman, who contrived to give this direction to the vanity of his sove- reign, and thus to extricate himself from the embarrassment in which he would otherwise have been placed. Thus, when the mysteries of diplomacy are explained, we find the greatest concerns of public life depending on the irritated pride of an individual. The greatness of the idea which Panin proposed to the empress, consisted in providihg a few distinct and clearly ex- pressed rules for regulating the difficulties, which from time to time had arisen in conducting commerce in seasons of war; and in uniting all nations for the maintenance of those rules. Even those nations, which were to be benefited the most by the security of the rights of neutrals, had been inconsistent in their demands; and Holland, for example, had in times of war essentially violated and limited the rights, which in times of its own neutrality it was desirous of asserting in their greatest latitude. Between 1746 and 1750 many Prussian ships, or other property, had been taken by English privateers. Frederic the Second demanded satisfaction, and as this was obstinately refused, he erected at Berlin a tribunal, before which his sub- jects were commanded to state and establish their losses. Strict impartiality was enjoined; and the decisions were regulated by existing contracts, or by public opinion on the ac- knowledged rights of nations. And then the king satisfied the demands of his subjects out of the debt formerly due to the English by Austria on security in Silesia, and assumed by Frederic in the treaties of Breslau and Dresden, by which Silesia was ceded to Prussia. in 1778 the Danish minister, Count Berustorif, had proposed to the Swedish king, Gustavus the Third, an alliance for the mutual defence of free trade; lrmed .A/eutrality. [April, and both had applied to the Russian empress for her coi5pera- tion, which was refused. Thus Panin has the merit, not of originally proclaiming the rights of nations as to free trade, but of having defined those rights in a few distinct propositions, and of ,having procured a union of many states for their acknowl- edgment and support. The manifesto of the empress was delivered at the courts of London, Paris, and Madrid. She had no foreboding of the immense importance of the measure she had adopted, nor of the effect it would produce. So ignorant was she of com- merce, that she flattered herself as having at once vindicated her honor and shown her strong regard for England. Panin took care not to undeceive her; and through fear of obstacles that might retard or ruin his scheme, he begged the empress would communicate on the subject with no one till the couriers were despatched. The empress promised and kept her word. But she could not refrain from confidentially saying to the English ambassador, that there would soon he delivered in her name to the belligerents a manifesto which would be completely satisfactory to England; and conde- scended even to give him leave to communicate thus much to his court. Sir James Harris hastened to communicate the joyous intelligence, and expectation was raised to the utmost. When, but a few days after, he learnt the true nature of the measures that had been taken, so directly opposed to the usurped authority of Great Britain, he could not but be anx- ious, lest he should he accused at home of inconceivable care- lessness. The effect produced at London can hardly be de- scribed; the disappointment was proportionate to the intense expectation of great advantage. It was with difficulty that the English ministry could be induced to abstain from bit- ter reproaches, while the king replied to the manifesto by a cold assurance, that he should follow the treaties which existed between himself and Russia, and in following them no cause of complaint could be given to Russian subjects. The courts of France and Spain, on the contrary, were fill- ed with gladness. The satisfaction demanded was promptly given by Spain. The principles of the empress were extolled, and her own merits magnified. The empress began to under- stand the tendency o~ her measures, and, delighted with the glory which she had unconsciously acquired, she acknowledged the wisdom of Panins counsel; gave her earnest attention to 1828.] .ilrmed Neutrality. 313 the principles she had established; and abandoned entirely the thought of an alliance with England. The hope of fixing for ever the doctrine of maritime liberty now divided the thought of Catharine with her scheme for founding an oriental empire. She had the pleasure of finding other states advance to meet her in her design. None adopted her policy with more zeal than Gustavus the Third of Sweden, and in July, 1780, he announced to the belligerents his in- tention of strictly following the principles advanced by Catha- rine. Count Bernstorff, the minister of Denmark, was favora- ble to England, yet following the true policy which the interest of his country required, he also joined the alliance without delay. It was now the policy of England, at least to prevent, if pos- sible, the accession of Holland to the alliance of the Northern powers. The tardy mode of doing business in the republic delayed its decision till November; but at last that decision was made, and envoys were already despatched to St Peters- burg, when England, feeling that a war with Holland would be the less evil, made a sudden declaration of hostilities. Hol- land invoked the aid of the allied powers; and Gustavus pro- posed a joint and earnest interference in behalf of the republic. England maintained, on the contrary, that Holland was a belli- gerent, and as such was incompetent to accede to an alliance of neutrals; offered sundry causes, real or pretended, to justify its declaration of war, and finally succeeded in having the question between itself and the republic referred for considera- tion to the negotiations for a general peace, to be conducted under the auspices of Russia and Austria. We hardly need call to mind, that the republic suffered in this war a shock, from which it never recovered, and England would concede peace only on the sacrifice of valuable East India possessions. The king of Prussia was invited by Panin to join the neu- trality. At first he declined, partly because he did not wish to entangle himself in engagements in his old age, and partly because he was possessed of no maritime power. But after- wards, when Catharine wished to give a more imposing character to the system of neutrality by the addition of Prus- sia and Austria, Frederic was induced to join it. In the treaties with Austria, the act signed by the empress had no name but her own. It was the privilege of the German emperor, in all compacts with other European powers, to be the first to subscribe to each copy of the treaty; Catha 314 Vrn Dohms .Memoirs. [April, rifle s vanity was saved by the exchange of papers, signed each by but one party. Finally the king of the two Sicilies and the queen of Portugal joined the alliance. Thus the Russian empress could glory in the recognition of her princi.. ples by all the larger neutral powers of Europe, that took part in commerce. One thing of importance was indeed wanting; that the belligerent nations themselves should adopt them in their treaties of peace. The wisdom of Gustavus prompted him to urge a common effort to obtain such an acknowledg- ment from France and England. But Catharine was at that time no longer guided by Panin, and the proposal was declin- ed. She was content with the empty honor of seeming, in connexion with the German emperor, to have effected the res- toration of peace. Every body knows, that the envoys of the two imperial courts exerted, in reality, not the least influence on the peace of 1783, and it was not till everything was settled, that they were invited to hear the treaties read and jointly to sign them. It is said, that the Swedes derived the greatest advaniages from the system of neutrality. They made their speculations with the most judgment and greatest activity. Next to theirs the prosperity of the Prussians and Danes was increased. The Austrian Netherlands, also, took advantage of their favorable situation, and much capital that had been idle was put to pro- fitable use. Such are the main points in the history of the armed neu- trality. The honor of Russia would have been better estab- lished, had its rulers subsequently maintained the same princi- ples with inflexible firmness and undeviating consistency. The volumes of Dohm contain interesting accounts of Maria Theresa, and still more so of the personal character, foreign relations, and domestic policy of Joseph the Second. Our limits permit us to do nothing more than to refer to them. The third volume contains a sketch of Joseph the Seconds designs of aggrandizement by an exchange of the Netherlands with Bavaria. This design was defeated by Frederic, who, to assure the future tranquillity of the empire, formed an alli- ance among the German princes for the support and.defence of the German constitution. Never was anything better con- ceived, or more happily executed. Without any effusion of blood, the designs of Austria were frustrated, and an opposition made, which was sufficient to baffle any future attempts of a 1828.) Von Do1srm~s Memoirs. ~315 similar nature. The treaties between the German princes were finished and signed little more than a year before Fred- erics death. The last public treaty which Frederic ratified, was one ne- gotiated at the Hague between the Prussian envoy, Von Thule- meyer, and our American plenipotentiaries, Franklin, Adams, and Jefferson. In this treaty, the great principles of the armed neutrality are recognised, and, in case of war, both parties pledge themselves to fit out no privateers* for the purpose of plundering private property. The fourth and fifth volumes of Dohm are occupied par- ticularly with Frederic. The fifth contains an account of the chief works which relate to him, and their respective historical worth. The fourth is filled with a copious account of Frederics character as a man and as a ruler. But fearing to prolong this article, we do not venture to describe his habits, or draw an estimate of his merits. Yet in leaving the subject, we must say, that the perusal of Dohms work has compelled us to think highly of the qualities of Frederic. He was benevolent, and, except where duty demanded severity, mild and forgiving. He was a most laborious man, rising sometimes at two in the morning, and always finishing a good days work, before most men had begun. The year was divided into regular parts, to each of which appropriate cares were assigned. So also the day was regularly divided; the first hours were given to business in his cabinet; then he at- tended the military exercises. At twelve he dined; at nine in the evening retired to rest. His pleasures were few and simple. Study, conversation, music, and the enjoyment of na- ture were all. When young, he danced very gracefully. He was also fond of the theatre. He did not like the chase; and laughed at the idea that a hunt furnishes an image of war. He rejected the use of cards, as an unworthy waste of time. He always gave some of the day to reading. The society of his wife he never enjoyed; she spent her time in writing or translating books of devotion. There are two great points, which made Frederics reign important to the world. Though he was himself not scrupu- Ions about seizing what he could get, he still rescued the liberties of Germany from imminent danger, and preserved * See America, & c. pp. 264~267. 316 Legal Condition of Woman. [April, Bavaria in the list of independent sovereignties. And though he. had himself no faith in immortality, and hardly knew that there is a God, he yet was an instrument in the hands of Providence for upholding the Protestant religion on the conti- nent of Europe. Had he not succeeded in raising Prussia into the number of the great powers of Europe, the Roman Catholic faith would have been predominant in every important state from Lisbon to Warsaw, and the reformation have been left without any strong defence in the very land of Luther. ART. 11.i. The Law of Infancy and Coverture. By PEREGRINE BINGRAM, of the Middle Temple. First American Edition. 8vo. pp. 367. Exeter. 1824. 2. Traitis du Contrat de Jlilariage, de let Puissance du Man, du Contrat de let Communautti, et du Douaire. Par P~THIER. 4 tomes. 8vo. Paris. 1821. POETS have sung the praises of woman, throughout all, ages, in strains of admiring enthusiasm, strikingly contrasted with the actual condition of the female sex. They have painted her in the brilliant coloring of love; and then raised the matchless creation of their fancy to an elevation in the ranks of life as ideal as it is exalted. Chivalrous devotion to the cause of beauty, humble adoration of the charms of person and tenderness of heart that belong to the gentle soother of human adversities, are the favorite themes of inspiration in the ardent season of youthful passion. We place her so high, It were all one That we should love a bright particular star And think to wed it. But a spirit, alike destitute of manliness and of gallantry, has too often presided over the formation of the laws, which fix the rights and obligations of woman in the social scheme. These have fluctuated in different countries, and at successive periods of human history, according to the varying combina- tions of causes by which national character is governed. Inquire among barbarous tribes, who earn a scanty subsist..

Legal Condition of Woman 316-357

316 Legal Condition of Woman. [April, Bavaria in the list of independent sovereignties. And though he. had himself no faith in immortality, and hardly knew that there is a God, he yet was an instrument in the hands of Providence for upholding the Protestant religion on the conti- nent of Europe. Had he not succeeded in raising Prussia into the number of the great powers of Europe, the Roman Catholic faith would have been predominant in every important state from Lisbon to Warsaw, and the reformation have been left without any strong defence in the very land of Luther. ART. 11.i. The Law of Infancy and Coverture. By PEREGRINE BINGRAM, of the Middle Temple. First American Edition. 8vo. pp. 367. Exeter. 1824. 2. Traitis du Contrat de Jlilariage, de let Puissance du Man, du Contrat de let Communautti, et du Douaire. Par P~THIER. 4 tomes. 8vo. Paris. 1821. POETS have sung the praises of woman, throughout all, ages, in strains of admiring enthusiasm, strikingly contrasted with the actual condition of the female sex. They have painted her in the brilliant coloring of love; and then raised the matchless creation of their fancy to an elevation in the ranks of life as ideal as it is exalted. Chivalrous devotion to the cause of beauty, humble adoration of the charms of person and tenderness of heart that belong to the gentle soother of human adversities, are the favorite themes of inspiration in the ardent season of youthful passion. We place her so high, It were all one That we should love a bright particular star And think to wed it. But a spirit, alike destitute of manliness and of gallantry, has too often presided over the formation of the laws, which fix the rights and obligations of woman in the social scheme. These have fluctuated in different countries, and at successive periods of human history, according to the varying combina- tions of causes by which national character is governed. Inquire among barbarous tribes, who earn a scanty subsist.. 1828.] Legal Condition of Woman. 317 ence by hunting or fishing, or among nomadic nations, who range over extensive regions with their flocks and herds in primeval freedom, and you find that man arrogates to himself all the nobler pursuits of ambition, whilst woman is degraded too frequently to the level of a domestic drudge, or made the overtasked houdwoman of her selfish lord. War, with all its invigorating perils and its heart-stirring glory, is his ; the chase, that mimic picture of war, is his; to mould infant states into the elements and proportion of greatness, to control the desti- nies of empire, is his; while in such uncivilized conditions of society, hers are the tamer duties of home at best, and often- times the severer labors of the field, which none hut a savage would impose upon the gentler sex. Ascend one step higher in the scale of civilization, and follow woman amid the daz- zling splendors of oriental luxury, and there you find she ministers more essentially to the refined happiness of man; but it is only as the purchased or favored companion of his hours of softness, not as the intellectual being, who is mans equal in all the best properties of his nature, his superior in some, and beneath him in nothing hut those robust features of understanding and sterner qualities of character, which seldom, in the same person, harmonize with the kindlier affections of the soul. Nowhere, but in the fortunate countries which enjoy the blessing of European refinement, does woman approach in condition to that just equality with the other sex, which the sober and rational pursuit of their common felicity requires she should possess, which in the mere contest of physical strength she probably might never attain, but which man is proud to concede and woman to receive at his hands, where both the gift and its acceptance are alike honorable to humanity. Yet even there, either man has been accustomed to profess more consideration for the rights of woman than he truly felt, or the execution of his purposes has lagged behind the inten- tion. There is a pleasure which the polished Athenian, with all his epicureanism of taste, had but imperfectly learned, that of frequenting and rightly appreciating the society of the other sex, educated to as high a degree of intellectual culture as himself, and accomplished alike to move in her appropriate sphere of dignity and usefulness. Roman austerity was too near akin to unsocial rudeness, at least in the days of the re- public, Roman courage too fond of camps, conquest, and free quarters, Roman ambition of too exclusive and selfish a char VOL. xxVI.No. 59. 41 Legal Condition of Woman. 318 [April, acter, to admit woman to the elevation by the side of man, which is the surest evidence of genuine public refinement. The examples to which we shall presently refer, of highly educated Roman matrons, constituted the exceptions and not the general rule. Nay, in communities over which the benign influences of christianity have fallen, which boast that they are imbued with the spirit of chivalry, whereof gallantry towards the sex was a main ingredient, in the fortunate nations of modern Europe and their more fortunate offsets in the New World, it is most true that the exalted standing of women grows out of the manners, temper, usages, and unwritten institutions of the people, rather than the established laws of the land. In coun.~ tries that derive their laws from the civil code, woman retains many valuable rights of property in the married state, but elsewhere her legal condition during coverture is defined by the simple and comprehensive, because despotic rule, of the complete merger of her rights, whether relating to person or property, in those of her husband. Exceptions to this will be stated in their proper place; but according to the significant phraseology of our law, she is only his feme or wife, but he is her baron or lord. We do not propose to ourselves, in the remarks which are to follow, to set up for the female sex any extravagant standard of legal ~privilege, nor to lay lance in rest for the support of quixotic pretensions, in her behalf, to political or municipal rights adverse to those of the male sex. The constitution of nature, ordained by no human conventions, recorded in no fundamental charter of government or petition of rights, but written over the face of the universe, and stamped indelibly upon the very organization of our race, has, we conceive, settled the question, whether the female sex should exercise political franchises equally with man. As the nominal head of a monarcl)y, the empire of woman has in many signal cases proved highly auspicious. But this fact rests upon principles of its own. It will not answer to infer that the troubled arena of politics or of war best befits the refined character of woman, her gentle virtues, or the blended intellectual, moral, and personal beauty, which holds the stronger sex in bondage. We must take our election. Give to woman Ogni virtute, Ogni bellezza, ogni real dostume, Giunti in an corpo con rairabil teinpre; 1828.] Legal Condition of Woman. 319 and still it will be impossible to unite, in the same individual, the feminine loveliness of Venus with the manly limbs and rough-hewn sinews of Alcides. Nature, therefore, has clearly indicated the orbit, in which either sex should revolve; and were they to cross each others paths, confusion and disorder would inevitably ensue to punish their rash eccentricity. We do not esteem it any hardship, as some have done, that the property of an unmarried female is taxed without being repre- sented. The maxim, that taxation and representation should go hand and hand, is most salutary; but no general maxim in morals is free from exception or qualification. Taxation pro- cures for property the protection of the body politic; and neither the alien-friend who claims the safeguard of our laws, nor the unmarried female, nor the minor, whose estate the government guaranties against domestic pillage and hostile invasion, has just cause to complain of exclusion from elective privileges. Disclaiming, therefore, in the outset, any design to call in question the great principles of social compact, whose truth the experience of all the world confirms, we proceed only to call the attention of our readers to such peculiarities in the legal condition of woman as may lead to instructive con- clusions. It is not the institutions of an Amazonian republic, in the regions of fable or in some Utopia of our own, that we seek to commend; but we shall speak of man as we find him, or as we may hope, without falling into Condorcets vision of perfectibility, he shall one day become. It would be highly agreeable to examine the legal condition of women among the ancient Greeks; but to avoid prolixity or distraction of views, we shall commence with inquiring into her duties and rights by the civil law. At Rome, the condition of the female sex, in the time of the kings and the early consuls, was purely domestic; and the sole aim of her education was to fit her for superintending the interior economy of her family, and instructing her own daughters in the arts of household industry. It was made a condition of peace, on the conclusion of the war occasioned by the rape of the Sabine virgins, that the Romans should not exact any labor from their new wives except spinning. (Plutarch. Romulus.) Caia Ca~cilia, the wife of Tarquinius Priscus, was celebrated for her skill in the art; whence her name was borne by the bride in the marriage ceremonies. (Plirt. viii. 48.) Other portions of the solemnity had a similar allusion; thus haudmaidens followed the bride, 320 Legal Condition of Woman. [April, bearing a distaff, with a spindle and wool, intimating that such was the appropriate occflpation of the Roman matron. Hence the frequent allusion in the poets to this primitive branch of female industry (.fEneid, viii. 408 and ix. 488, and Ovid. Fast. ii. 741); and hence, the old ~vriter, while enumerating the qualities of a good wife, to probity, beauty,fidelity, and chastity, added lan~ficce manus, skill in spinning and weaving wool. And although Suetonius (.1 ugust. 73) relates that Augustus seldom wore anything for his domestic garb but of the manufacture of his wife, daughter, and the other ladies of his household; yet Columella laments, as a proof of the degeneracy of matrons in his day, ut ne lan~/icii quidem curam d~gnentur, that they dis- dained even the care of the spindle and distaff. He commends the matrons of the olden time, who assumed the whole charge of domestic affairs, and by their assiduity and activity at home, endeavored to equal and second the laborious industry of their husbands abroad; and however preii~minent for beauty, aspired to no distinction, were ambitious of no merit, but that of superiority in the thrifty arts of housewifery. In this period of Romes frugal simplicity it was, when man deemed his consort, the partner of his life, worthy of no higher employments or enjoyments than handicraft labor, that the ancient law conferred on a husband immense power over the person of his wife. He might exercise, in short, the patria potestas, the tyrannical paternal power, which extended, in its original severity, to life and limb, in the government of his wife as well as of his children and household. (Browns Giv. L. i. 85.) Tacitus records a remarkable instance in which this power was exercised at a late period. We copy it in his words. In the reign of Nero, Pomponia Gra~cina, a woman of rank, being married to Plautius, who enjoyed the honor of an ovation for his victories in Britain, being afterwards accused of foreign superstition, was consigned to the judgment of her husband; and he, after the ancient usage, in the presence of their rela- tions, took cognizance of the life and reputation of his wife, and pronounced her innocent. (Tac. .lnnal. xiii. 32.) Dionysius of Halicarnassus and the elder Pliny affirm, that for grievous crimes he might inflict death upon her (Dionys. ii. 25, PUn. xiv. 13); and of course he had authority to subject her to corporal punishment for lesser offences. Out of such barba- rous usages sprung the position of the old Roman law, which permitted a husband to chastise his wife with the same instru~ 1828.] Legal Condition of Woman. 321 ments of punishment that he applied to his slave; flagetlis et fustibus acriter uxorem verberare. Having reference to the same point, is the saying of Cato the Censor, that he who struck his wife or child, laid his sacrilegious hand on the most sacred things in the world. But all these things are exploded seventies, which the civil law in the days of its perfection justly condemned. For the least violence done to the person of a wife by her husband, having regard to the condition of the parties, entitled her to a separate maintenance. The civilians hold, that among persons of respectable condition, the slightest blow given by a husband to his wife, unless occasioned by very gross provocation, and even continued ill usage without being carried to the excess of personal violence, is good cause for granting her a divorce from bed and board. (Poth. Con. de ,lllar. 492.) The civil law also authorizes the husband to require the society of his wife, and to exert such control over her person as may be necessary for the attainment of that object. It gives him a right of action against any person who entices her from him and with whom she takes refuge; and process against her to compel her to return to his abode. (See Code .Yapol. 214.) In opposition to this she can urge no objection, except such as may be good cause of separate maintenance or of divorce. The modern writers on the civil law elucidate this point by various cases. Thus, it is said, the wife cannot allege, as sufficient reason for leaving his house, that the atmosphere of the place is injurious to her health, or calculated to engender infectious distempers. But she is not obliged to follow him if he removes from their common country; for her obligation to her country is holden to be paramount, and although he may choose to abandon it, he cannot compel his wife to imitate his abjuration. Such are arhong the principal modifications, to which the right of a husbaA over the person of his wife is subject by the civil law. The rights of property we shall con- sider in the sequel; but what we have already said is sufficient to show how ill founded is the exultation of Blackstone at the cruelty in this respect, which he charges upon the laws of Rome. (1 Corn. 445.) It is one of those disingenuous reflections, which he throws out against the civilians on several occasions, generally when he is upon a weak point of the com- mon law, to disguise which he seeks to create a diversion by bringing into view some alleged defect of the rival code. Legal Condition of Woman. 322 [April, Our readers are to remember that ultimately mere consent, without any outward ceremony whatever, constituted a valid marriage at Rome, as it does now in Scotland and several other countries of the civil law. It was only by a solemn marriage so called, that the patria potest as, with all its mon- strous consequences, was conferred on a husband; and even then, if his wife had not been emancipated by her father, she remained under her fathers power, not her husbands. (Brown, C. L. i. 86.) And while upon this point, we may observe, that, as a consequence of the marital authority of the husband over his wife, she, as the mother of his children, did not par- ticipate in his power over them, which was paternal merely, not parental. They were alike subject to the master of the family. (Ddrnay, Hab. des Born. 250.) A fiction of the law, says Gibbon, neither rational nor elegant, bestowed on the mother of a family the strange character of sister to her own children, and of daughter to her own husband or master, who was invested with the plenitude of paternal power. (Born. Emp. ch. 44.) A solemn marriage among the Romans was effected in three ways; 1. By prescription, when a woman, having the consent of her parents, went to her husbands house with intent to contract matrimony, and lived with him uninterruptedly one full year; 2. By confarreation, when the parties partook of sacrifices, and eat in communion from a consecrated wafer; and 3. By co~imption, which was a supposed mutual purchase, each delivering to the other a small piece of money, and repeating certain set words of contract. (Heinec. .ilntiq. Roman. 1. 1. t. 10.) When thus married, the bride was said -to come into the hands of her husband. (Taylor, Civ. L. 283.) She thereby resigned to him all her goods, and gave him full power over her person, acknowledging him for lord and master. She became his consort for life, the partner of all his rights, civil and sacred; and if he died intestate, she inherited his estate equally with his children, and if he left no children, she was his sole heir. indeed so many important legal effects followed a solemn marriage, when celebrated with appropriate rites, that these, making no part of its essence, nor being requisite to ~render the contract complete, gradually fell into desuetude, as the increasing wealth of the city caused the rights of property to be more complicated, and foreign conquests introduced greater refinement of manners. Marriage by consent, a mere civil contract, supplied the place of the ancient religious ceremonies. 1882.] Legal Condition of Woman. 323 After the Romans had carried their arms out of Italy, when a taste for science and the arts began to gain ground in the republic, the education of woman was no longer confined to the humble sphere of household cares. Ladies of rank and fortune became ambitious to acquire the charms of mind as well as person; literature ceased to be cultivated by the male sex alone; and woman sought to drink at the same fount that inspired the world of poets, philosophers, and orators around her. Cicero commemorates several Roman ladies of his age, remarkable for highly finished education. The two Gi~acchi, as distinguished by their eloquence as their tragic destiny, were taught the graces of speech, by which they~ reigned in the assemblies of the people, under the tuition of Cornelia, who was a model of purity in the use of her native language. (Plutarch. Tib. Gracchus, Cic. Brut. c. 58.) And Tacitus, or whoever else was the author of the beautiful dialogue on oratory, places alongside the example of Cornelia, that of Aurelia, the mother of Julius Ca~sar, and of Atia, the mother of Augustus, who presided over the education of those future masters of the world. (De Orat. c. 28.) Appian preserves the speech of Hortensia, daughter of Tullys rival in the forum, who, when the triumvirs required an arbitrary and forced contribution from fourteen hundred ladies of rank, in order to raise levies against Brutus and Cassius, boldly pleaded the cause of herself and her companions before the tribunal, to which the oppressed people dared not to lift their eyes. (./Ippian. Civil. 1. 4, ed. rr. Steph. p. 310.) Cicero was on terms of close intimacy with a lady named Ca~rellia, famous for her literary taste. (Epist. ./Ittic. xiii. 21.) He applauds the elegant latinity of La3lia, daughter of C. La~lius, and her two daughters by Mucius Scawola the augur, one of whom married the orator L. Crassus, and had daughters, equally celebrated with the rest of their family for elegance of understanding and the judicious pursuit of letters. (Cic. Brutus, c. 58.) The augmented consequence, which such examples of cul- tivated female taste conferred on the sex, could not fail to produce a melioration of the extreme rigor of the laws of marriage. A change for the better, as it would seem, must have taken place gradually, like most radical changes in the manners of a nation, and almost imperceptibly. It began by the disuse of the rites of confarreation, the most solemn form of marriage. At what precise period this happened, does Legal Condition of Woman. [April, not clearly appear; but probably before the time of Cicero, because the orator, in his defence of L. Flaccus, alludes to marriage as contracted only by co~imption and by prescription. (Cic. pro L. Flac. c. 34.) The disuse, however, is distinctly averred in a remarkable passage of Tacitus. In the reign of Tiberius, a question arose concerning the choice of a flamen~ dialis in the place of Servius Maluginensis; and the emperors rescript recommended some new provision upon the subject. According to the ancient usages, said Cresar, three patri- cians, born of parents married by confarreation, were to be nominated, and one of them must be chosen for ftamen dialis; but the number of them was now greatly diminished, the rites of confarreation being obsolete, or observed by few. For this many causes might be assigned; a principal one being the inconsiderateness of either sex; but the ceremony itself was purposely avoided, on account of the embarrassments attending it. The senate ought to provide a remedy either by a decree or Jaw; just as Augustus had softened many of the barbarous forms of antiquity into the existing improved usages. (Tacit. ./lnnal. iv. 16.) A Cato or Brutus might have replied, perhaps, had there been a Roman of the old republican stock alive to address the tyrant with free speech, that among those customs derived ex horridd jiM antiquitate, which Augustus had discarded, the sacred bulwarks of liberty had fallen; and that the yra~sens usus which Tiberius applauded, was the arbitrary despotism of usurpers. But the mitigation of the patria potestas in the hands of a husband was not the less a benefit; nor the substi- tution of intellectual pursuits for the female sex in the place of mechanical ones, the less an, improvement. If the ladies of Octavianus Cmesars family wrought his garments in evidence of their skill, or as voluntary testimonials of their regard for the emperor, it might be well; but really our opinion of his taste and good sense would be greatly lowered, if we could believe that he exacted it in obedience to some of the primitive Roman notions of domestic economy. When the wealth of the city was such that a patrician would possess a vast family of slaves, to the number of hundreds, and in some cases of thousands (.1~rImenceus, vi. 20), having in the comprehensive language of Tacitus, whole nations of either sex in his household (drtnai. iii. 53. xiv. 44), educated to perform every duty therein except that of its head, it would be strangely preposterous if ingenuous 1828.3 Legal Condition of Woman. 325 Roman matrons must waste their time upon the same house- wifery accomplishments, that were in vogue when thatched cottages occupied the future site of the marble basilica of the Palatine. To form a just idea, therefore, of the condition of women at Rome in respect of property, we must look to the law as understood in the latter years of the republic and the early ones of the empire. Considering marriage by consent as the es- tablished form, the civilians founded upon it the doctrine, that husband and wife might grant to and contract with each other, and mutually sue and he sued; only it was provided, lest one party should ever he tempted to take ruinous advantage of the others fondness, and affection become the dupe of art, that gifts between them without a valuable consideration were void. To prevent either from injuring the others property, the con- tracts of the husband were inoperative upon the wife, as hers were upon him, and they were wholly unconnected in their agreements with a third person. Hence a wife might sue or be sued separate from her husband; and although he was obliged to maintain her, yet if he failed to do this, it only gave her a Tight to sue him for alimony, but did not subject him to liability for debts of her contracting. (Brown, Civ. L. 82.) In order to understand the legal state of a wifes property during marriage, it must be premised, that her estate was divided into two portions, namely, bona dotalitia, and bona paraphernalia; the first being, properly speaking, her marriage portion or dowry, the second being any property over and be- side her dowry, and not confined, as with us, merely to wear- ing apparel, jewels, and the like. Property included in the latter denomination, whatever its quantity or quality, was abso- lutely at her free disposal, to be used or aliened by her at pleasure, without her husbands consent or authority. It was otherwise with the dowry, when no special agreement had been made concerning it. The marriage operated a transfer to the husband of all the bona dotalitia, conferring upon him a quali- fied property therein, subject to his wifes ri6ht of restitution if she survived him, or on the dissolution of the marriage during their lives. According to Pothiers view of the matter, which seems to us rather artificial, she was not proprietor of the dowry during marriage, but only creditor of her husband for its restitution; on account of which right of restitution it is, he says, that the 1~OL. XXVI.NO. 59. 42 Legal Condition of Woman. 326 [April, texts of the law call it her property and patrimony. (Puissance du .lIIari, 710.) But it is evident, from consideration of the fact, that it was far more proper to call her the owner. No part of it survived to the husband by law, even if there were children by fhe marriage. If it consisted of immoveables, he received the rents and profits, in consideration of his supporting the charge of the marriage state; but he could alienate no part of the capital (fundus dotalis) without her consent, nor bind it with her consent. if the dowry consisted of movea- bles, he was permitted, for the interests of commerce and be- cause of the necessity of disposing of perishable articles, to alienate them; but he was bound to make good the value; and to assure her of this, he gave security by the donaijo propter nuptias out of his own property, for the restitution of her for- tune, or an equivalent for it, on the dissolution of the marriage. This security he could neither alienate nor mortgage, even with her consent, unless in certain specified cases of extreme necessity, or by providing an equivalent. In addition to this she had a general lien upon all his property to the amount of her dowry, and was entitled to preference over all other in- cumbrances, even those of prior date. If he became insolvent or embarrassed in circumstances, she might take possession of her portion or the security, or bring her action for it. (1 Browns Civ. L. 266). Now these rules we conceive to be, in the main, most equit- able and just. From this encomium we should except, perhaps, only a single thing, the provision, namely, preferring the wifes claim to those anterior in date; which seems to us injurious to the rights of bond fide creditors. How different our own law is in every respect, will appear in the sequel. But the fore- going principles are acknowledged in all countries whereof the jurisprudence is founded upon the civil law, subject to greater or less modifications, introduced by the barbarian conquerors of the empire, by the christian clergy, or by changes incident to the lapse of time. Take the old custumary of Paris for an example. The law distinguished the wifes property into her private estate, and estate held in community, which is the tech- nical term for the species of partnership in effects created be- tween husband and wife by the marriage. He had entire control over the goods of the community, so long as it lasted, with the right to dispose of them without his wifes interposi- tion. But she and her heirs became creditors of the community 327 1828.1 Legal Condition of Woman. to the amount of her contribution, having a lien therefor upon all the specific effects in the hands of the husband or his heirs at the dissolution of the marriage. The private property of the wife, so called, consisted of immoveables, or estate having the nature of a perpetuity, and such moveables as by the mar- riage contract should be expressly excluded from the commu- nity. Over all this, a husband possessed certain rights of bailment and administration, comprised principally in three particulars. First, titles of honor, baronial rights, allegiance, feudal duties, and everything honorary attached to her private estate, belonged to him during the marriage. Secondly, he was entitled to receive all the rents and profits of her estate. Lastly, he had a right to administer and manage the property for their common advantage, including the power of making short leases. (Poth. Puis. du .111. 2.) And more recently the Code Napoleon (L. iii. t. 5.) authorized parties to declare in a general manner, that they intended to he married either un der the law of community or the law of dowry, that is, subject to the customary or the civil law, and provided specifically for the rights and duties which shonld flow from either alternative. The relaxation of the primitive rigor of marital rights at Rome, favorable as it was to the pecuniary condition of woman, was unfortunately brought about by means, which in- troduced a pernicious facility of divorce. We say pernicious, because, notwithstanding the specious reasoning of Milton and some other writers who have maintained the contrary, it seems to be conceded by the soundest lawyers and moralists, that the experience of republican Rome and of republican France settles the dispute. (4 Johns. C. B. 197, 503; 1 Haggard, 36). The fluctuations which the Roman law underwent are remarkable. Originally, it may be supposed, when the pater- nal power existed in all its rigor, the husband might sell his wife as well as his children, or harshly expel her from his bed and house. (Gibbon, ch. 44.) Romulus permitted the liberty of divorce to the husband, if his wife violated the conjugal faith, used false keys, ~or drank wine without his knowledge. The right was denied to the wife; but if abused by the hus- band, he forfeited his goods, one half to his injured wife, and the other half to the goddess Ceres. (Plutarch. Romulus.) Divorce, it is supposed, was also sanctioned, and the privilege of it extended to both sexes, by the Twelve Tables. (Cic. Philip. ii. c. 28.) But, to the honor of Roman domestic Legal Condition of Woman. [April, character be it said, no example occurs of the exercise of this privilege by a husband until the year 523 A. U. C., when Spu- rius Carvilius Ruga, remembered only for this act, repudiated a fair, a good, and, as our authors affirm, a beloved wife, be- cause of her barrenness. (d. Gellius, iv. 3; Val. .lIliax. ii. 1.) For this he was questioned by the censors, to use the language of Gibbon, and hated by the people; hut his divorce stood unimpeached in law. But in process of time, the right was greatly abused, as passion, caprice, or interest suggested motives to the husband or the wife for the dissolution of their union. A marriage contracted in the most solemn forms could he ter- minated by some correspending solemnity; for confarreation, there was the opposite sacrament of diffarreation; and they who were united by mutual purchase could be separated by remancipation. And in later times, when marriage was merely a voluntary union by consent, it could be dissolved, like any other community, and by the slightest act, word, or writing, that dis- tinctly signified the will of the parties. The marriage contract might be torn in the presence of witnesses, or the keys taken from the wife, or the words Res tuas tibi Itabeto, pronounced by a freedman, or despatched in a written message; and the most tender and solemn of human connexions was thus lightly thrown off at will. (ddams Born. ./Intiq. 511.) If the divorce was made without any fault of the wifes, she received back all her property; but if she was culpable, the husband retained part of her dowry, as a consideration for his remaining subject to provide for the support and education of their children; and if she was repudiated for infidelity, she was punished by the loss of all her dowry. (D.drnay, 238.) Such a consequence might sometimes prove not unacceptable to a mercenary hus- band; and that entertaining old gossip, Plutarch, mentions one Tinnius, who married Fannia, a woman of notoriously bad character, and then divorced her, as it seems to have been suspected, out of speculation, in order to secure her dowry. (Plut. .Marius.) When the exercise of the right of repudia- tion had grown less odious then at firgt, the facility of divorce gave rise to many cases of the deepest individual affliction. The great .ZEmilius Paulus divorced his wife Papiria, the mother of a family of heroes, without any assigned cause, or any reason whatever, which his friends could divine. (Plutarch. Paulus.) C. Sulpicius Gallus repudiated his wife because she appeared in public with her head uncovered. Sempro 182~8.] Legal Condition of Woman. 329 nius Sophus repudiated his, because she went to the theatre without his knowledge. Q. Antistius Vetus did the same, be- cause his wife conversed in public with a woman of low con- dition. (Val. .Max. vi. 3, no. 10, 11, 12.) Julius Ca~sar divorced his third wife, Pompeia, the niece of Sylla, because Clodius gained admission into her house, in the disguise of a female musician, while she was celebrating the mysteries of the Bona Dea; yet, when questioned on the subject, he admitted that he did not believe Pompeia to be guilty, but that Ca3sars wife must not even he suspected. (Plutarch. Caesar; Sueton. Jul. 6.) Cicero divorced his wife Terentia, at the close of the civil war, after living with her more than thirty years, al- leging that her temper was overbearing, and that she had deranged his domestic affairs by want of economy. Ere long, however, he married Publilia, a young heiress of whom he was guardian, as Terentia said, on accoOnt of her beauty; but his freedman, Tyro, affirmed that it was because of her wealth, which he needed to discharge his debts. But after he lost his daughter Tulliola, Cicero repudiated his new bride, because he thought she rejoiced at Tulliolas death. (Plutarch. Cic.) Augustus separated from his wife Scribonia, either for her bad character, or because she complained too much of his own in- fidelity, and then compelled Tib. Claudius Nero to repudiate his wife Livia, although with child at the time, in order to marry her himself. (Stem. Ca~s. ad fin. Tac. no. 45, 66.) Considering all the facts, too much censure, we conceive, has been cast upon the younger Cato for surrendering his wife, Marcia, to his friend Q. Hortensius. Cato regularly repudiat- ed his wife, and she was regularly married to Hortensius; there being nothing peculiar in the case, except that he repu- diated her for this very purpose. (Kennet, 319.) After the death of Hortensius, Marcia was again married to Cato. These examples might be multiplied to a great extent; but we have deemed it enough to select a few cases by way of il- lustration, either remarkable in themselves, or on account of the individuals principally concerned. The instances we have given are all of repudiation by the husband; but women did not fail to avail themselves of the privilege. We have a parallel even for the case of Paulus A~milius; for CaAius, in one of his letters to Cicero, tells him, among other news of the day, that Paula Valeria, the sister of Triarius, had seen fit to repudiate her husband without any Legal Condition of Woman. [April, particular reason, upon the very day of his return from the province; and was now about to marry D. Brutus. (Epist. ad Div. viii. 7.) Seneca sarcastically observes, that many wo- men, in his day, counted the years, not by the number of con- suls, but of their husbands (Dc J3enefic. iii. 16); and Juvenal alludes to the same state of manners in his satires (Sat. vi. 20). Yet it never became reputable for women, whether divorced or widows, to have several husbands. We read in Propertius of a lady, who prided herself that she had been uni nupta, married to but one husband, and desired to have it engraven upon her monument. And univira, once married, is found in many ancient inscriptions as an epithet of honor. None, who married a second time, were permitted to officiate at the annual sacred rights of Female Fortune. Yet examples were not rare of ladies of rank and character, repeatedly mar- ried. Fulvia, the imperious wife of Antony, had been pre- viously married, first to Clodius, and afterwards to Curio. Terentia, after being divorced by Cicero, married his enemy, Sallust, and had Messala for her third husband. Nay, Dio relates that Vibius Rufus, who was consul in the reign of Ti- berius, boasted of possessing two things, which belonged to the greatest men of the preceding age, namely, the wife of Cicero, and the chair in which Cmnsar sat when he was assassinated. Tulliola, scarcely a year after the death of C. Piso, was wedded to M. Furius Crassipes; and being soon afterwards repudiated by him, was married the third time, to Cn. Dolabella, whom she quitted on account of his bad temper. Indeed, without citing these particular instances, it is evident that second marriages were frequent, since otherwise it would not have been deemed so honorable to live iu widowhood; for public respect is apt to follow those acts, which are less common, and, which, indi- cating superior exertion or superior self-denial, therefore attract the greater applause. (DVlrnay, 239.) It should be added that the Romans, with all their licentious- ness and laxity of manners, never sanctioned polygamy, except for a short time in the reign of Valentinian the First, who, wishing to marry a second wife himself, made the right uni- versal. But the practice did not generally obtain, and the old prohibitory laws were revived by Justinian in compiling the Code and Digest. Plutarch, indeed, considers Antony as having violated the principle, and married two wives at the same time, Octavia and Cleopatra; b~t as by the laws of Rome a legal mar- 1828.] Legal Condition of Woman. 331 riage could be contracted only between free citizens, Cleopatra was not, and could not be married to Antony (Taylor, C. L. 345), nor Berenice, queen though she was, be the wife of Titus (Gibbon, ch. 44). Well aware of the injurious conse- quences attending the extreme facility of divorce, Augustus attempted various expedients for checking and chastising its license, none of which proved very efficacious. The preva- lence of celibacy in Rome at this period has been ascribed partly to the fact, that freedom of divorce was less favorable to males than females, because it left the former burthened with all the children who sprung from the marriage. To remedy the evil, Augustus passed the famous law Papia-Poppa~a, im-~ posing various disabilities upon the unmarried, and conferring correspondent advantages upon the father of a family. So earnest was the emperor in the promotion of this object, that he gave Hortensius a sum of money to enable him to marry according to his condition, and prevent the extinction of the illustrious family of the Hortensii; a case strongly contrasted with that of a nobleman in England, George Nevile, Duke of Bedford, who was degraded from the peerage in the reign of Edward the Fourth, by act of parliament, on account of his poverty. When the christian religion had gained a permanent footing in the empire, a struggle ensued between religious principle, which tended to restrict, and the customs of the country, which continued to protect, divorces by consent, until long after the time of Justinian. (Gibbon, ch. 44; Pot/i. Con. de iViar. 436.) But xvith the declining power of the western emperors, a new jurisprudence on this subject arose, more compatible with the dignity and purity of the matrimonial con- nexion. Marriage again resumed, in the countries of the civil law as well as elsewhere, the sanctity which originally attached to the contract, without which everything most venerable and most to be cherished in domestic life would fall a sacrifice to irregular passion. It is not probable that any nation, will soon renew the experiment, which was tried in France during the revolution, when marriage was again reduced to a union so loose and transitory, that it was justly described as the sacra- ment of adultery. (Scotts .JVapoleon, i. 240.) The Code Napoleon (No. 275 et seq.) checked, indeed, the unlimited freedom of divorce, by throwing obstacles in the way of sepa- tion by consent, but still suffered it to take place, if the parties persisted in desiring it. (4 Jo/ins. C/i. B. 194.) Legal Condition of Woman~ [April, Preparatory to entering upon a detailed explanation of the rights of woman by our own law, it is proper to state the general principle, on which all the particular doctrines are founded. This cannot be put in stronger language, nor in terms more to our purpose, than Sir William Blackstone uses. By marriage, the husband and wife are one person in law, that is, the very being or legal existence of the woman is suspended during the marriage, or at least is incorporated and- consolidated into that of the husband; under whose wing, protection, and cover, she performs everything; and is therefore called in our law French afeme covert; is said to be covert-baron, or under the protection and influence of her husband, her baron, or lord; and her condition during her marriage is called her coverture. Upon this principle, of a union of person in husband and wife, depend almost all the legal rights, duties, and disabilities, that either of them acquires by the marriage. (1 Corn. 442.) If any confirmation of the legal correctness of the illiheral doctrine laid down in the foregoing extract were needed, it might be derived from a comparison of the condition of a married woman with the nearest analogous case, that of a person under age. Various disabilities attach to the condition of minority~ Infants, that is, persons under age, are supposed to be destitute of sufficient understanding to contract. The law therefore pro- tects their weakness and imbecility, so far as to allow them t~ avoid all their contracts, by which they may be injured; but in favor of infants, they are bound by all reasonable contracts for their maintenance and education, and also by all acts, which they are obliged by law to do. (6 Mass. Rep. 78.) For the most part, their bargains are not void, but voidable only; which they may rescind or ratify at their election on thi~ir arriving at full age. They may ratify the agreement, if they think it for their advantage, and rescind it if it was inexpedient. But the disabilities incident to a married woman are not designed for her benefit and protection; but for the security of her husband. Hence her contracts are not voidable merely, ujpon a given contingency, or at the election of her husband, but with few exeeptions, they are absolutely void; and this simply on the ground of the suspension of her legal existence during the coverture. For this monstrous doctrine of our law no better reason can be assigned, we imagine, than Biugham alleges, namely, the right of the stronger. (Coverture, 182.) It is sanctioned neither by justice, nor public policy, nor the exi~ 1828.] Legal Condition of Woman. 333 gencies of social life. On the contrary, it is a principle, whose antiquity is its only commendation, and which, in its operation, has involved the courts in continual embarrassment. It is unjust, because it throws the wife and her property en- tirely into the hands of her husband, and leads to acts of op- pression on his part, and of suffering on hers, as numerous as they are remediless. It is idle to apprehend, that to allow her any separate and independent rights would occasion domestic dissension, or impair that reasonable pre~iminence, which ought to belong to the master of the family. The expe- rience of the great body of the civilized nations of Europe demonstrates the reverse. The knoxvledge possessed by both parties, that each retained valuable rights, notwithstanding the union of persons, would necessarily promote mutual forbear- ance and respect. It is not enough to say, that because man has more experience of the world, greater knowledge of and aptitude for business, therefore woman should be deprived of legal existence. All the advantage of his superior skill is attainable by allowing him the government of his family, and the administration of all the property belonging to him and his wife. That the extent of her disability is against public policy, and contradicted by the exigencies of society, clearly appears; because, for three centuries past, the law in this respect has been constantly ri~aking progress from the barbarous severity of its original institution into an improved state, more conso- nant with the complicated relations of property at tbe present day, and with the refined opinions and feelings of a lettered and cultivated age, in which woman has ceased to be the handmaiden, and has risen up to be the choicest companion of man. We have seen how the course of improvement in man- ners at Rome unloosed the rigorous bonds which fettered the condition of woman. In England and in our country, the melioration has been less considerable, either in fact or in theory; but legislative assemblies have occasionally done something; and the courts, obeying the necessity of the times, have done more, by moulding the plastic substance of the common law into such form and consistency as their discretion approved. Still, as a cursory review of female rights by our law will show, even with all the benefits derived to woman by the irregular interposition of the courts of chancery, her legal condition is honorable neither to the generosity nor to the good VOL. XXVI.NO. 59. 43 334 Legal Condition of Woman. [April, sense of that sex, which alone exercises the right of establish- ing laws. Whether these observations are well founded or not, will be ascertained from examination of the doctrines of the common law, as they are expounded in the books. The cases adjudged upon this subject cannot be more conveniently classed,~than by discriminating between them as they relate, first, to the person, and, secondly, to the property, of individuals in the married state. To begin, then, with the relations in which woman is con- sidered criminaliter. By the common law, it is no higher crime for a husband to kill his wife, than if he killed a stranger; hut if the wife murders her husband, it is consider- ed a more atrocious act. She is regarded not only as violating the restraints of humanity and the ties of conjugal affection, which would be equally true of .the husband if he were the offending party; but, by help of an absurd fiction, she is further adjudged to have broken the allegiance which she owes to her lord, and to be guilty of the crime of treason. And for this offence she was liable, previous to the statute 30 George Ill, ch. 48, to the same punishment as if she had murdered the king, namely, to be burned alive; although petit treason, when committed by a man, as if the servant killed his master, was only punished by hanging. There is no question as to the legal principle of the difference; and it would be idle to at- tempt to disguise it. The murder of the baron by his feme was put upon precisely the same footing with the murder of the noble by his vassal, or of the bishop by a clergyman in his diocess; that is, of treachery to the persons liege lord and immediate sovereign. (4 Bi. Cam.) And yet if we look to the true end and aim of all punishment, the prevention of crime, nothing is more absurd and mischievous. The husband is the stronger party; frequently he is bred to arms; more frequently still his profession or mode of life renders him familiar with deeds of violence. Under whatever system of laws, and in every country, the temper of the female sex is comparatively domestic, affectionate, and averse to cruelty; whilst the male sex are not unapt to lose their relish for the kindly charities of home in the stirring scenes of war, business, or politics, and are but too prone to acquire acerbity of feeling and harshness of character amid the stormy conflicts of life. Man bears the disappointments inseparable from our lot with less equanimity 1828.1 Legal Condition of Woman. 335 than woman; temptations to vicious excess, resentment, sick- ness, his failure in favorite plans, unforeseen obstacles in the path of life, the daily altercations to which he is subject in the world; a hundred causes, from whose operation woman is al- together exempt, or which she meets with superior fortitude, all betray man into those occasional bursts of passion, which either precede or accompany the commission of violent crimes. Hence it is, that examples of the murder of the husband by his wife are extremely rare; while, to the disgrace of human nature, the opposite case has but too often occurred. And the inference we consider to be most plain, that~ if either party in the married state should be punished more than the other, for a domestic murder, it ought to be, not the wife, as by the common law, but the misguided wretch, who raises his hand to take away the life of his defenceless companion. It is the wife, and not the husband, who needs the protection of the law. Another curious difference between the conditions of the two sexes in criminal matters, by the common law, arose out of the immunities claimed of old in favor of the clergy. Originally it was held, that no man should be admitted to the privilege of clergy, that is, of exemption from trial and pun- ishment by the lay tribunals, except such as actually bore the clerical habit and tonsure. But in those days of ignorance, the mere ability to read soon came to be regarded as sufficient evidence that the party was a clerk (clericus,), and entitled him to the benefit of clergy. Afterwards, when the blessings of knowledge began to be more generally disseminated, arid learning was no longer exclusively confined to the church, lay. men as well as divines, gained admission to the privilege of clerkship, under certain modifications by statute, provided they were able to read. But women, being debarred by their sex from taking holy orders, were denied the benefit of cler.. gy, however learned they might be; and remained subject to capital punishment for the first offence in simple larceny, man- slaughter, and other felonies; although for the same offence, a man, who could read, was liable only to burning in the hand and a few months imprisonment. However, in the reign of William and Mary, statutes were enacted, allowing women, guilty of any clergyable felony, to claim the benefit of the statute, in like manner as men might claim the benefit of cler- gy. (4131. Comb.) 336 Legal Condition of Woman. [April, The barbarous punishments, denounced by the common law against the crime of treason, are too well known to re- quire recapitulation here. A part of the sentence, inflicting the most shocking outrages upon the body of the unhappy malefactor, was modified at an early period, in favor of women; for, as decency forbade the exposing and publicly mangling of their bodies, their sentence was, to be drawn to the gallows and there burned alive. But let it be observed, that while the law, merciless as it seems to be, shrunk from the brutality of the ordinary punishment in one particular, it took care to be more severe in another, by way of compensation for this imperfect leaning towards humanity. For the male traitor was first hanged, then mangled and burned, and finally decapitated and quartered; but the female was burned alive in the outset. (4 Bi. Corn.) We shudder at the detail of these horrible cruelties, perpetrated in the abused name of justice. Happily some approaches to a better state of things have been forced upon parliament in later times; since by the statute 30 George III, ch. 48, before cited, it is enacted, that females, convicted of treason, shall be merely condemned to be drawn and hanged; and the milder character of penal jurisprudence in this country has preserved us from the degradation of tegal- izing such enormities. As a corollary from the doctrine recognised by the common law, of the legal subjection of a wife to her husband, it was adjudged, in Listers case (1 Strange, 478), that where a wife makes undue use of her liberty, either by squandering away her husbands property or by resorting to improper com- pany, it is lawful for the husband, in order to preserve his honor and estate, to lay her under reasonable restraint. Nay, in Hardymans case (2 Str. ~875), where a husband declared his wife should neither sit at his table, nor have the govern- ment of his children, but be confined in a garret, by reason of her misconduct, Lord Raymond very cavalierly observed, that she deserved no better usage. But although the husband may confine his wife, yet he may not imprison her. (Prec. Chancery, 492.) And if the parties are living apart, under articles of separation, the court will not permit the husband to seize the person of his wife ; as was decided in a case where the celebrated John Wilkes figured to little advantage. The report of the case is worth transcribing~ ~s relating to a personage of so much importance in his day. 1828.] Legal Condition of Woman. KINGS BENCH, EASTER TERM, 31 GEO. II. ~ Rez vs. Mary ]Jliead. A habeas corpus having issued in the last vacation, at the in-. stance of John Wilkes, Esquire, to bring up the body of Mary Wilkes, wife of the said John Wilkes, and daughter of the said Mary Mead, before Mr Justice Dennison, Mrs Mead now brought her into court. The substance of the return was, that her husband, having used her very ill, in consideration of a great sum which she gave him out of her separate estate, consented to her living alone, executed articles of separation, and covenanted never to disturb her, or any person with whom she might live; that she lived with her mother at her own earnest desire; and that this writ of ha- beas corpus was taken out with a view of seizing her by force, or some other bad purpose. The Court held the agreement to be a formal renunciation, by the husband, of his marital right to seize her, or force her back to live with him. And they said, that any attempt of the husband to seize her by force and violence would be a breach of the peace. They also declared, that any attempt made by the hus- band to molest her, in her present return from Westminster Hall, would be a contempt of the Court; and they told the lady, she was at full liberty to go where, and to whom she plea~sed. 1 l3ur- row, 542. Thus much for one side of the question. But we nowhere discover that the courts of law authorize or countenance any attempt to make the right of restraint reciprocal. The di~in- terested makers of law take good, care not to commit such a solecism. And yet far greater necessity exists for affording pro- tection to~the honor and estate of the wife against the extrav- agance or the profligacy of her husband, than for the reverse. It is not in the power of a wife, to waste her husbands property by lavish expenditure, without his consent; nor, indeed, her own property either. Of his income or his capital she can obtain no more than he pleases to bestow; and he is liable, as will be explained at large hereafter, for no debts of her contract- ing, except they be for necessaries. But he, on the other hand~ can profusely squander away most of his own property, and most of hers beside, in riotous living, or risk it upon the throw of a die, or embark it in desperate speculations, in consequence of which she may be reduced instantaneously from affluence and ease to indigence and wretchedness. Again, there is little danger that a wife will abandon her husbands bosom, unless she be driven from it by ill usage, or Legal Condition of Woman. [April, corrupted and seduced by sotoe profligate friend, whom he himself domesticates at his fireside. And this, compared with the instances wherein a husband deserts his wife, is a rare case. She is bound to his house and his hearth by the nature of her duties, by the care of her childrun, by the laws of the land, and by the despotic usages of society, more imperative and imprescriptible by far than all the codes in the universe. Her functions are domestic; her education is domestic; her temper is domestic; the constitutions of Providence have made her domestic; her happiness, her pride, her glory, all that exalts her in estimation above the other sex, lies in the round of endearing charities, which enliven, bless, and purify the domestic circle. She may be drawn from it, for a season, to mingle in the amusements ~of the world, and the pleasures of general society, which occupy their appropriate place among the agents that form her character; but it is on home, that her affections must finally and chiefly rest. It is a principle too firmly implanted in her soul to be shaken by slight causes. Not so with the other sex. Wherever a mans heart may be, his serious pursuits and regular occupations are abroad, in his counting-room, or his office, upon the exchange, or in the forum, or wherever else the calls of interest, ambition, or duty may demand his presence. His being is not so essentially domestic. It is always in his power to abandon his abode, if caprice or evil passions prompt him, without of necessity losing his claims to free admission in society, certainly without fatal prejudice to his means of subsistence and of enjoying life. It by no means follows, because he is a wanderer, that he is therefore misera- ble; nor because he is homeless, that he is therefore an out- cast. His sex is to him a charter of freedom; and if he possess a few grains of the ingenious Quesnays poudre de pre- linpinpin, he bears the universal passport, the warranty of welcome in every land. Hence it happens, we believe, and the records of justice will make good our assertion, that for one wife, seduced from home, there are many husbands, who abandon it; and for a single case in which a husband is under the necessity of asking aid of the laws to reclaim his wife, very many occur in which the wife is consigned to more than the sorrows of widowhood by the desertion of her unfeeling husband. Anciently, it was held in England, that a husband might inflict moderate chastisement on his wife for her domestic government, 1828.] Legal Condition of Woman. 239 subject to the same restrictions which applied to the right when exercised upon children or servants. (1 Bi. 444.) In Fitzher- bert, there is the form of a writ of supplicavit for binding over the husband to security of the peace on account of his threaten.- ing his wifes life, or mutilation of her limbs. (Fitz. .A~ B. 80.) The writ commands the sheriff to see that the husband shall do no injury to the body of his wife, other than such as, for the purposes of domestic correction and government, may lawfully and reasonably appertain to a husband. (See Moor, 874; 2 Johns. C. R. 141.) But in Lord Lees case, Sir Matthew Hale said, that moderate castigation in the regi4ster, was not meant of beating, but only of admonition and confinement to the house, in csise of extravagance. (3 Keble, 433.) Therefore It is that Blackstone says; With us, in the politer reign of Charles the Second, this power began to be doubted; and a wife may now have security of the peace against her husband, or in return a husband against his wife. Yet the lower rank of people, who were always fond of the old common law, still claim and exert their ancient privilege. (1 Corn. 445.) If we are to judge of the excellence of the old common law by this its adaptation to the vulgar feelings and habits of the most degraded members of the community, it would hardly seem deserving of much commendation. Indeed the remark instantly suggests the parallel case, in which Sir Williams annotator declares that general terms of scurrility may be used with impunity, and are part of the rights and privileges of the vulgar. (3 Corn. 125, Christ. note.) To those only, we feel sure, who are lost to all sense of shame, would the privilege of striking a wife be now extended by the courts, either in England or America. Indeed, this right was doubted much earlier than the reign of Charles the Second. For in Sir Thomas Seymors case (.Moor, 874, more full in Godbolt, 215), it is said; Cook, chief justice, held, that the husband could not give correction to his wife; but Nicols and Warburton, justices, held the con- trary. This opinion is creditable to the feelings of Sir Edward Coke.; but true it is that the old authorities are against him. Bracton has the expression; There are some persons under the rod (sub virgd), such as wives. (Lib. i. c. 10, p. 2.) And the well known opinion, respecting this point, pronounced at nisi prius, by Sir Francis Buller, a judge, as every lawyer must concede, whose character and talents adorned the bench, we imagine has been censured by many, who never entirely corn.. Legal Condition of Woman. [April, prehended its import. He is reported to have sanctioned the doctrine of the husbands right of domestic chastisement ; and when questioned as to the dimensions of the rod or thong with which it should be inflicted, to have assimilated it, with great simplicity and bonhommie, to the size of his owfl thumb; which gave occasion to the fair sex to express much very pardonable curiosity concerning the magnitude of that part of his lordships hand. But the similitude itself is traced to the times of Bracton; who, tradition reports, was much more unfortunate than Sir Francis Buller, because the women of the town where he lived punished him for his disregard of their comfort by plunging him in a horsepond. (12 Serg. 4~ Raw. 226.) rrhe prin- ciple, stating the thing in a naked abstract shape, certainly is admitted by the law; and Sir Francis may have said so; but if tbe principle were put to the test by an actual case, we do not believe a court or jury would justify the battery of a wife by her husband much sooner, nor under much less aggravated circumstances, than if it were the opposite fact, of the battery of a husband by his wife. No judge or jury, we apprehend, could be found to outrage public opinion by lending their coun- tenance to such violence on either side, unless in the contin- gency of some unhappy female of masculine character, in the deepest debasement of moral and social condition. In the ecclesiastical courts in England many decisive cases on this point occur. Thus Sir William Scott says, the court will not interfere on account of ordinary domestic altercations, but that whenever words of menace are proved, the wife may claim protection. (2 Phil. 111; 1 Hag. 458.) So like security is there extended to the husband (1 Hag. 409); and if a wife wilfully provokes her husband to violence, she loses all right of legal redress for it, unless his resentment was alto- gether disproportioned to her own misconduct. (2 Phil. 133; 1 Hag. 364.) But acts of domestic oppression much short of a blow, such as continued insult, indirect efforts to inflict distress, as by cruelty towards a child for the purpose of wounding the mothers feelings, and the like, afford, in strong cases, adequate ground for allowing a separate maintenance. (2 Phil. 207.) And we state this right of protection as being reciprocal by the principles of the law; because it undoubtedly is so in England, and the decision of Chancellor Kent to the contrary rests upon the particular terms of the statute of New York. (4 Johns C. R. 503.) And the last named eminent judge confirms the 1828.] Legal Condition of Woman. 341 position Thove stated that, although mere petulance, and rude- ness, and sallies of passion, might not be sufficient, yet acts of perpetual violence, danger of life, limb, or health, or just appre- hension of bodily hurt, will entitle the wife to the protection of the court. (4 Johns. h. B. 189.) But the judicious remarks of Sir William Scott, in a case in the Consistory Court, are particularly deserving of attention. He ohserves; What merely wounds the mental feelings is in few cases to be admitted, where they are not accompanied with bodily injury, either actual or menaced. Mere austerity of temper, petulance of manners, rudeness of language, a want of civil attention and accommodation, even occasional sallies of passion, if they do not threaten bodily harm, do not amount to legal cruelty; they are high moral offences in the married state undoubtedly, not innocent surely in any state of life, but still they are not that cruelty, against which the law can relieve. Under such misconduct in either of the parties, for it may exist on the one side as well as on the other, the suffering party must bear in some degree the consequences of an injudicious connexion; must subdue by decent resistance or by prudent conciliation; and if this cannot be done, both must suffer in silence. Still less is it cruelty, where it wounds not the natural feelings, but the acquired feelings arising from par- ticular rank and situation; of course, the denial of little indulgences and particular accommodations, which the delicacy of the world is apt to number amongst its necessaries, is not cruelty. 1 Haggard, 38, Evans vs. Evans. Whether it be that peers are more pugnacious at home than commoners, or that their domestic affairs are scrutinized and reported more faithfully, certain it is that many examples of their domestic tyranny have made their way into the books. Perhaps it may be because peers can be put under recogni- sauce to keep the peace only by the courts of kings bench or chancery. (4 Bi. Corn. 251.) Among the examples of dis- honorable notoriety are the cases of Lord Lee, the Marquess of Carmarthen, Lord George Howard, Lord Vane, the Earl of Stamford, Earl Ferrers, and Lady Strathmore. (1 Hawk. 255, note.) The case of Lawrence, Earl Ferrers, two years after- wards convicted of murder, and executed (Foster, 138), who frequently suffered himself to be betrayed into violent transports of passion, to the imminent peril of his lady, a sister of Sir William Meredith, is interesting in a legal point of view, as illus- trative of the admirable juridical character of Lord Mansfield. Earl Ferrers had been commanded, by writ of habeas corpus vOL. XXVI.NO. 59. 44 342 Legal Condition of Woman. [April, issuing from the kings bench, to bring up the body of his countess, on complaint of her friends; and the earl, disobeying a first and second writ, was at length compelled to appear by a peremptory writ of attachment. On that occasion the question was canvassed and settled, whether the kings bench could issue an attachment against a peer during the sitting of parlia- ment for contempt of court only; and Lord Mansfield success- fully maintained the affirmative, on the bench and in the House of Lords. When Earl Ferrers came to Westminster Hall, he sent a message to the chief justice, desiring to speak with him; but Lord Mansfield bid the messenger tell the earl, that when an affair was depending before the court, he could not speak with any body upon it but IN court. Thereupon the parties came into court, Lady Ferrers having articles of the peace ready to exhibit. The earl then desiring to interrogate his lady, Lord Mansfield told her she was not obliged to answer any questions previous to swearing the peace; and the earl or his counsel, seeking to draw an answer from her by intimating that it might prove for her interest to reply, Lord Mansfield immediately said he had before told her she need not answer them; and now he would not 8Uffer her to answer them; and the earl accordingly gave the security required without further delay. (1 Burrow, 631.) Our ungallant fathers of the common law provided a peculiar punishment for common scolds, but carefully confined the crirn~ and the punishment to scolds of the female sex. Scolds~are defined in the books to be troublesome and angry worn& n~ who, by their brawling and wrangling amongst their neighbors, break the public peace, increase discord, and become a public nuisance to the neighborhood. (Tomlins Jacob, s. voc.) Our ancestors thought, perhaps, that men being indictable as com- mon barrators or movers of suits and quarrels, and there being no precedent of such an indictment having fallen upon a woman (2 Rolles Rep. 39), although Hawkins thinks there is no good cause why it should not lie (1 P. C. 525), therefore it was not amiss for the latter to be exclusively liable to punishment for scolding. The barrator is only subject to fine or imprisonment; but the scold was indictable as a common nuisance, and if convicted was sentenced to be placed on a certain engine of correction called a castigatory, trebucket, or cuckingstool, and after being exposed thereon to be plunged in the water. (4 Corn. 168, 1 Hawk. 361, 365; Tomi. Jacob, 5. voc. Castig.) 1828.] Legal Covdition of Woman. 343 Several cases are reported in England of questions arising on such prosecutions. The indictment is insufficient if she be merely charged as communis calumniatrix (2 Strange, 849),~ or as a common brawler (2 Str. 1246); it must use the techni- cal phrase rixatrix or scold (6 Ailiodern, 11); and must lay the scolding to be to the common nuisance of the neighborhood (2jJawk. 325). In queen Annes reign a poor woman, of the name of Foxby, had the misfortune to be indicted for this misdemeanor, but by resolutely standing upon her defence, fairly baffled her persecutors. Her case comes up no less than four times in a single book of law reports. Being convicted, she moved an arrest of judgment, because the indictment ran, that she was a common calumniatrix instead of rixatrix; and judgment was arrested. But when the exception was taken at Trinity term, Chief Justice Holt jocosely suggested to her, that it were better ducking in Trinity than in Michaelmas term. She was again indicted, it would seem, as communis rixa; and this being held to be defective (Ld. Raymond, 1094), judgment of the court below was reversed upon writ of error in the kings bench. It was requisite that the error should be assigned by the party in person; and when she moved the court for per- mission to appear by attorney, on account of illness, the court refused it, but allowed further time for her appearance. The court said; Scolding once or twice is no great matter; for scolding alone is not the offence; but frequent repetition of it to the disturbance of the neighborhood makes it a nuisance, and as such it has always been punishable in the leet, and so indictable. It is added; They enlarged the time till next term, to see how she would behave herself in the mean time; for Chief Justice Holt said, ducking would rather harden than cure her, and if she were once ducked, she would scold on all the days of her life. (6 Mod. 11, 178, 213, 239.) We are not aware, that this relic of ancient coarseness has been recognised in this country, as adhering to any of the Americancodes; and a recent English writer speaks of the punishment as being antiquated and almost obsolete. A case lately decided in Pennsylvania may be considered as furnishing a safe precedent for all the other states in the Union. The Court of Quarter Sessions for the county of Philadelphia, in Octo- ber, 1824, convicted Nancy James of being a~common scold, and in obedience to several precedents in the same court, but none later than 1782, sentenced her to the cuckingstool and 344 Legal Condition of Woman. [April, to be three times plunged in the water. Upon writ of error, brought in the Supreme Court, this tribunal had sufficient manliness to resist the attempt to revive the barbarous usage, and pronounced that the punishment itself had no legal exist- ence in Pennsylvania. (12 Serg. ~ Rawle, 220.) In Mas- sachusetts it is settled that this mode of correction, as singular and ludicrous as it is cruel, is incompatible with a provision of the constitution, which prohibits the infliction of all cruel and unusual punishments. (Daviss Justice, p. 525.) Generally, a feme covert is held to answer as much as if she were sole, or an married, for offences against the common law, or a statute, and may be separately punished for them by way of indictment; for this being a proceeding grounded on the infraction of a law, it would be unjust that her husband should be included in it for an act to which he is in nowise privy. Thus we have precedents of indictments against women for treason, murder, robbery, theft, burglary, forcible abduction, riot, assault and battery, trespass, slander, usury, and many other crimes, which it is needless to enumerate. But if a married woman incur the forfeiture of a penal statute, her husband may be made a party to the process, and shall be liable to answer for the penalty recovered. (1 Hawk. cli. 1, s. 13.) But the doctrine of the legal subjection of a wife to her husband is brought to bear greatly to her advantage upon criminal matters. She is so far favored in respect of the power and authority which he has over her, that afeme covert shall not suffer punishment for larceny or burglary committed in company with, or by coercion of her husband. (Kelyng, 31.) Indeed, Blackstone lays down the principle much more broad- ly, saying that in such cases she is not punishable for theft, burglary, or other civil offences against the laws of society, she being considered as acting by compulsion, and not of her own will. (4 Corn. 28; 10 Mass. Rep. 152.) But he after- wards subjoins, that the rule does not apply to crimes that are main in se, for the perfectly satisfactory reason, that it would be unreasonable to screen an offender from the punishment due to natural crimes by the refinements and subordinations of so- ciety. But if she commit robbery in company with, or by coercion of her husband, she is punishable; and the reason assigned for punishing in this instance, and not doing so in that of burglary or larceny, is because in the latter case the wife is7 by a 1828.] Legal Condition of Woman. 345 fiction of law, supposed not to know what property her husband may have in the goods clandestinely taken (10 Mod. 63), but in the former the presence of the true owner of the goods con- stituting the essence of the crime, she cannot but know in what right they are taken (1 Hawk. 4). For the same cause of her legal subjection to her husbai~d, she is not deem- ed accessory to a felony, for sheltering her husband who has been guilty of it, as the husband shall be for receiving her; nor if she receive her husband, when he has committed trea- son, is she punishable as a principal in the crime, because being under his power, the law presumes she is constrained to receive him; neither is she affected by receiving jointly with her husband any other offender. (1 Hawk. 4.) But if she commit a theft of her own voluntary act, or by the bare command of, and not in company with, or by coer- cion of, her husband, she is no longer protected. Nor shall the plea of coverture avail the wife, nor any presumption of the husbands coercion extenuate her guilt, if she commit treason, murder, or manslaughter; because of the enormity of the act in respect of all these crimes, and in respect of the first for the further reason, that the law will not suffer the hus- band to claim that obedience from his wife, which he himself as a subject or citizen has refused to pay. (4 Coin. 29.) And at the present time courts are much more strict in requiring proof of the husbands coercion than formerly; and it may be doubted whether the mere presence of her husband would be considered to furnish more than a primdfacie presumption of coercion. (2 Starkies Lv. 705.) Indeed, the practice seems to have been originally encouraged out of tenderness to her sex, and in order to evade the unjustifiable rigor of the law, which denied the benefit of clergy to the wife; for it would have been extremely odious, where a husband and wife had jointly committed the same felony, to execute the wife and dismiss the husband with a slight punishment. (Christians note, 4 Bi. Corn. 29; 2 Stark. Lv. 704.) Therefore, since the statute, extending the benefit of clergy to females, was en- acted, it has been held, that nothing short of the actual pre- sence of the husband, and his direct personal participation in the act, will excuse the wife. (2 Starkies Lv. 581.) Another distinction contained in the books is worthy of note for the singularity of its operation. As a husband and wife are considered but as one person in law, afeme covert cannot Legal Condition of Woman. [April, be guilty of larceny by stealing her husbands goods; because, say the lawyers, it is tantamount to a mans s committing theft upon himself. Furthermore, the husband, by endowing the wife, at their marriage, with all his worldly goods, communi- cates to her a qualified interest in them; for which cause even a stranger cannot commit larceny in, taking the husbands goods by the delivery of his wife; but he may, by taking away the wife by force and against her will, together with the goods of the husband. (1 Hawk. ch. 33, s. 19.) Many other illustrations of this part of our subject might be given; but to avoid the hazard of fatiguing our readers with too much crown law, we shall pass on to a different class of considerations. And ere we enter upon the rights of afeme covert as to property, we crave to b~ indulged in stating here certain consequences of the matrimonial relation, as to legal proceedings, which stand by themselves. Thus it was ancient- ly holden, that no woman was competent evidence to prove the legal condition of a man, as whether bond or free. (Coke Lit. 6 b.) So also women, together with peers, children under twelve years of age, and the clergy, were exempt from the general attendance at the sheriffs court-leet, where all other persons were compelled to appear. (Stat. .Miarleb. c. 10.) It is another curious point of the old law, that a woman could not be an approver, that is, one, who, standing indicted for treason or felony, confesses his guilt, and to obtain a pardon undertakes, at his peril, to convict his partners in crime; and the reason of it was, because the appellee, or party accused by the approver, was entitled to the wager of battle to prove his innocence; and a woman, being incapable of waging battle in person, was debarred the privilege of approving. (2 Hawk. 294.) But it is a rule of law of more importance, since it is one of daily use, that the husband and wife cannot be witnesses for each other, because their interests are identical; nor against each other, because this would be contrary to the policy of marriage, and might create domestic dissension and unhappi- ness. (1 Corn. 443.) It is edifying to observe the reasons which the old lawyers give for the rule. Thus Sir Edward Coke very summarily settles it on the ground, that they twain are one flesh. (Coke Lit. 6 b.) Sir William Blackstone says, if they were admitted to be witnesses for each other, they would contradict one maxim of law, .TVemo in propriA 1828.] gal Condition of Woman. 347 causd testis esse debet; and if against each other, they would contradict another maxim, JVerno tenetur seipsurn accusare. But this is altogether artificial; and the simple reason is the right one, their identity of interest and affection. That this alone is the true reason is confirmed by the fact, that identically the same incapacity exists by the civil law, which even goes fur- ther, and refuses the reciprocal evidence of father and son, and brother and sister. (Brown. C. L. 85.) Without entering at large into the numerous applications of the principle, it will suffice to observe, first, where either husband or wife is a party in any proceeding, civil or criminal, the rule is universal, that the other is altogether incompetent to testify. Secondly, where one of them, not being a party, is interested collaterally in the result, neither is witness for the other; and if the hus- band be disqualified by reason of interest, the wife is also dis- qualified; but in certain cases, where the husbands kiterest does not protect him from examination, neither will it protect the wife. Thirdly, where neither of them is either a party to the proceeding or interested in the result, the husband or wife is competent to prove any fact, provided the evidence does not directly crirninate the other. (2 Stark. Ev. 7067 14.) These explanations are sufficient to elucidate the operations of the general principle, to which there are few exceptions, and those only in cases of evident necessity, as, for instance, the wife is admissible to prove a charge against her husband of violence committed on her person. We proceed to consider the consequences of the construc- tive unity of the husband and wife, in its influence upon the rights of property, where it operates with the greatest hardship against the wife. The reader must bear along in his mind this fundamental principle, that they are one person in law, and he will readily see why it was that, according to the common law, by no conveyance could the husband give an estate to his wife, nor the wife to her husband, unless through the intervention of trustees. (Coke Lit. 187 b; 1 Greeni. 394.) And for the same reason, if a woman owns any estate of freehold and mar- ries, her husband shall be seized, and have a freehold in the lands, in his wifes right; and he becomes absolutely entitled to the rents and profits of it during her life, and the rents and profits may be aliened by him or taken in execution for the payment of his just debts. The fee remains in her, but he is entitled to the administration of the property, and to all the 348 Legal Condition of Woman. [April, income it may afford. Chattels real, that is, estates for a term of years and the like, are also vested in him by the marriage, and he may dispose of them or forfeit them for crimes, and they may be extended upon for his debts; but he cannot devise them away by will, and if he omit to make any disposition of them in his lifetime, they survive to his wife. As to the wifes personal property, the law makes this distinction; the marriage operates as an absolute gift to the husband of all her personal property in possession, such as money, goods, cattle, furniture, and the like, so that he may make any disposition of them at his pleasure, without his wifes consent, and if she survive him they go not to her, but to his legal representatives. And the marriage operates in like manner as a gift to the husband of all the wifes personal property not in possession, such as annuities, claims in law, obligations, provided the husband reduces them into possession by receiving them, or by recovering them at law; but if he fail to do this, they survive to his wife. The rule is the same with respect to every species of property, whether owned by the wife at the time of the marriage, or whether it accrues to her during the coverture. And, finally, if the husband have by his wife issue, male or female, born alive, which by any possibility may inherit, and the wife dies, her husband is entitled to hold all her real estate by a peculiar tenancy called the curtesy of England. (Bingliam, ch. ii, Comyn, Bacon, Blackstone, & c.) Such are the husbands rights in his wifes property. Now let us look at the other side of the picture, and consider what it is, in a pecuniary point of view, that the wife gains by the marriage, in consideration of her parting with all her per- sonal property for ever, and all her real estate during her hus- bands life. He is, in the first place, liable for all her debts contrected before marriage, and this whether he received any portion with her or not; because he took her for better or worse, and it is to be presumed that he informed himself of her condition before he assumed the burden of matrimony. Secondly, he is obliged to maintain her, and may be com- pelled by law to provide her with all necessary food, apparel, and attendance, according to his rank or circumstances; and if he refuses or neglects to do this, she may by the common law sue out a writ of supplicavit to compel him to supply her exigencies (Per Sir .111. Hale, I Sid. 109; and see 2 Ves. Jr. 195), or she may sue him for alimony, or she may contract 1828.1 Legal Condition of Woman. 349 debts to obtain necessaries for herself, children, or family, which the creditor may sue him for in law and force him to pay. But in the leading case upon the subject (Manly vs. Scott, Sid. 109 and 1 Mod. 128), Sir Matthew Hale pronounced a very elaborate opinion, in a part of which he carefully decides that a wife has, upon the marriage, no original, inherent, primogenial, and uncountermandable power to charge the hus- band for her necessities. In order, therefore, to prevent the theory of the law from openly violating the plainest principles of common sense and common humanity, the sages of our jurisprudence say that, although the husband is not bound by an original and inherent right of the wife to support, yet an implied precedent assent of his to her contracts for neces- saries may be raised upon the fact of their cohabitation in the state of lawful marriage. Such is the labyrinth of absurdities and overstrained niceties of distinction, into which the theory of our law relative to female rights betrays the wisest judges. However, they contrive to admit that in one shape or another he is liable, and this even if her character be dissolute, provided he permits her to reside with him as his wife. Nor can he throw off the obligation by abandoning her, or by expelling her from his house, or forcing her by ill usage to leave him of her own accord; only if he allows her a separate maintenance, he is not liable for her debts so long as that is duly paid; and he is not liable to particular persons whom he has prohibited, not by a general warning in the newspapers, but specially, from giving her credit. So that, so long as a husband is in good credit and in the possession of property, his wife is assured all the necessaries and conveniences of life, according to her con- dition and degree. (Bacons ~b. B. and lFieme, H.) Thirdly, upon the death of her husband, his widow is enti- tled to demand her dower in all the lands and tenements of which he was seized at any time during the coverture, a regu- lation which Tacitus found in full rigor among the ancient Germans (c. 18). The unlearned reader should carefully dis tinguish between the word dower as used in the civil law, where it signifies a wifes marriage portion, and the same word as it occurs in our law, where it merely imports an estate for life in one third of all the husbands real estate. By the ancient forms, a husband usually proceeded, openly at the church door, after affiance made and troth plighted, to endow his newly married bride in time whole of his lands or such part as he vOL. XXVI.NO. 59. 45 Legal Condition of Woman. [April, should specially designate; a custom of which evident traces still remain in the beautiful and appropriate marriage service of the episcopal church. But the endowment of the wife in one full third of her husbands real estate has been long the estab- lished law of England, and of all those countries which borrow their jurisprudence from the English code. By the common law, the widow cannot be deprived of dower by any deed, devise, or other legal act of her husband alone; but she may be barred of it by elopement, divorce, being an alien, treason of her husband, and in other ~ays; but the most usual method is by means of a jointure, or competent estate, settled upon the wife, to take effect immediately upon the death of her husband, in lieu and in full satisfaction of her dower. (2 Bi. Corn. 129.) Besides the ordinary modes of barring the widows dower, the customary law of Massachusetts and of several of the United States provides the further course, of a wifes voluntary relin- quishment of dower in all or any specific part of her husbands lands, by executing a deed thereof jointly with her husband, expressly releasing her claim of dower. (7 .IIIass. Rep. 14, .Fowler vs. Shearer, ~c.) We may subjoin, that a wife cannot be barred of her dower in the United States, as she may in England, by the treason of her husband, nor by any means whatever except her own free act and deed, her dower not being liable for the payment of his debts, and being thus abso- lutely secured to her, after her husbands death, in every contingency. Lastly, by the English statute of distributions, the substance of which, under various modifications, has been transferred into the jurisprudence of the several United States, if a person die intestate, leaving a widow and children, one third part of his personal property goes to the widow, and the residue in equal proportions to all the children; but if he leaves no children, then one half to his widow, and the other half to his collateral heirs. (2 Bi. Corn. 515.) But the husband still retains full power to dispose of all his personal estate by incurring debts which it shall go to satisfy, or by deed of gift or sale during his life, or by devise to take effect afterwards; so that it is in the power of a cruel or improvident husband if he was never seized of any real estate during the coverture, to leave his wife in absolute indigence at his death, and this although he may have died in a state of affluence, and of affluence derived from the marriage of the wife herself. So that, on a fair statement of 1828.] Legal Condition of Woman. 351 the balance of pecuniary advantages and disadvantages to each party, it will appear that, during coverture, the husband is entitled to all the profits to be derived from the joint estate of both husband and wife, to live in splendor upon the income of the lands, or speculate in commerce upon the capital of her money and chattels, subject only to the charge of providing her with necessaries; that on the death of the wife, if she have had children, he enjoys all her lands for life, and her personal property is wholly and absolutely his at all events; but that on the death of the husband, his widow can claim only one third of his estate of inheritance, and one third, or more, or none at all, of his chattel estate, according as his caprice and the operation of the law may determine. The unjust partiality of the common law to the male sex is manifested, in a remarkable manner, by two or three differences between tenancy by dower, and the corresponding estate of tenancy by the curtesy. Attainder for bigh treason operated the forfeiture of all the traitors lands and tenements of inheri- tance, if he were of the male sex, including his wifes dower by express provision of a statute (5 and 6 Edw. VI. ch. 11), in order, it is said by the lawyers, to deter men from the com- mission of this crime by the prospect of the total poverty, added to loss of rank and mental suffering, which it must entail upon his wife and children. But the gallant barons and loyal knights and burgesses, who so liberally and generously provided for the impoverishment of their unhappy widows, if they them- selves should be attainted of treason, were too wary and cun-~ fling to subject themselves to the like penalty. And therefore if the wife be attainted of treason, yet her husband shall bQ tenant by the curtesy of all her lands. (4 Bi. Corn. 380.) Again, it is well settled that a husband shall be tenant by the curtesy in an equity of redemption belonging to his wife (Cashborne vs. Inglis, 2 Eq. ~br. 728; 1 .Itk. 603); and although the two estates exist in the same species of right, it seems to be decided in England, although contrary to the opinion of many sound jurists in this country, that a widow cannot be endowed of her husbands equity of redemption. (See Reeves Dorn. Rel. 33; 4 Day, 306; 13 Mass. B. 227; 15 Jo/ins. 319; 2 Soulltard, 885.) Again, it has always been holden, and we think wrongly decided, that a wife cannot be endowed of her husbands estate in trust (3 P. Wins. 234); and yet Lord Cowper has made it to be the law, that a husband 352 Legal Conditton of Woman. [April, shall be tenant by the curtesy in his wifes trust estates. (2 Vernon, 681 ; 1 P. Wins. 108, and 2, 713.) We cannot but consider these contrasted differences to be very striking, especially when we reflect, as every lawyer ought, upon the very unsatisfactory and inconsequent reasoning by which the stronger sex have settled the two last cases against the weaker one, and doubly in their own favor. It is far from our intention to disparage the law under which we live, whose many and great excellencies we feel proud to acknowledge. But regarding the present topic as one of its most defective portions, we venture to touch upon one other class of cases in which woman is placed in a state of subjuga- tion to the male sex, namely, in respect of all contracts. For it is generally true that a feme covert has no power to make a contract in her own right without her husband; and therefore such a contract is absolutely void. And if a wife sell or dispose of the money or goods of her husband without his assent, the sale is void, and the husband may bring an action to recover possession of the property. Nay, it is the same if she loses money at cards. (1 Sid. 120.) And if she buy goods, or contract to buy them, the price cannot be recovered in law, unless they consisted of necessaries, as we have before stated. So far is this incapacity extended, that by statute in England (32 lIen. ViII. c. i.), and by decisions in most of the United States, a feme covert, although she may dispose of money by will with her husbands assent, yet even with that ~he cannot make a devise of her lands so as to bar and exclude her heir at law. (12 .Mass. Rep. 525. But see Reeves Dom. I?el. ch. 11 and 12.) And all actions for her benefit, whether relating to her own separate property, or for injuries done to her person, must be sued either in her husbands name or in their joint names, according to various technical distinctions applica- ble to particular circumstances. (Comyns Dig. B. and F.) Some few cases occur in the books, whcrein a married woman is entitled to make contracts for her benefit, and to sue and be sued, from the necessity of the thing. It is where the husband is dead in law, and therefore disabled to sue or be sued in the right of his wife; for in such case, if she were not treated as afeme sole, she would be without remedy for any injury sustained by, or claim accruing to her, and persons of whom she purchased necessaries would be equally remediless. Thus if a husband has abjured his country, or is banished 1828.] Legal Condition of Woman. either for life or for a limited time, or if he is an alien residing abroad, leaving his wife resident here, she is considered corn- petent to contract. And by the custom of London, a married woman who trades hy herself in a traffic with which her hus-~ hand does not intermeddle, is regarded so far as having separate rights, and capable of bringing or defending a separate action. (Bacons .dbr. B. ~ F.) But the extreme rigor of the common law maxims in this respect press so heavily upon the female sex, in various contingencies, that the courts of chancery in England have assumed jurisdiction in order to afford parties that relief which equity requires. In those of the states, such as New York, for example, where a court of chancery exists with competent powers, a wife can obtain suitable protection for her separate rights; but it is otherwise in those states, where, as in Massachusetts, for example, the want of correct information upon the subject has kept alive an illiberal and unfortunate spirit of jealousy towards equity juris- diction. With a brief statement of the salutary operation of chancery herein, we shall close our protracted remarks on this head. In chancery, if a wife claims any rights adverse to those pretended by her husband, she may procure an order to sue or be sued separately. The general circumstances in which equity lets in the wife to exercise this privilege, are where any- thing is given or accrues to her separate use, or the husband refuses to perform marriage articles, or articles for a separate maintenance, or where the wife, being deserted by the hus- band, acquires property by her individual skill or labor. An example will elucidate the salutary tendency and effects of this authority more clearly than the most elaborate reasonings. Thus, a husband was attainted of felony, and his sentence commuted for transportation; and in the mean time his wife became entitled to some personal property, which the husband undertook, as he lawfully might, to gain possession of at com- mon law. Lord Chancellor King compelled him to relinquish his claim, and ordered the money to be vested in government securities for the wifes benefit. (3 P. Wins. 37.) A husband deserted his wife and children for fourteen years, and then returned, and, exercising his common law rights, took posses sion of property earned by her labor during his absence; but a decree was obtained from Sir Jos6~h Jekyll, obliging him instantly to restore it all to his injured wife. (1 .Ihk. 278.) Legal Condition of Woman. [April, Again, a husband abandoned his wife for the space of twenty years, after which she became entitled to personal estate by inheritance, and her husband came forward and claimed it; but Chancellor Kent, upon a bill being filed, ordered the money to be invested and secured to the wifes nse. (4 Johns. C. R. 318. And see 3 Cowen, 590.) In all these, and a multitude of analogous cases, the injured party could have no adequate remedy at law (Bacons I/br. B. ~ F.; Comyns Dig. B. ~ F.; and C/ian. 2 .M.); but is protected by a court of equity, which acts, in this particular, u.pon the princi- ples of the civil law. We abstain from remarking upon the rules governing mar- riage and divorce, pertinent as they are to our subject, because we feel admonished that we are overstepping the limits assign- ed us. But an explanation may be permitted, in conclusion, concerning a peculiarity in the laws of succession, which es- sentially affects the condition of woman, namely, the much talked of salic law; a text usually considered as affording authority for the exclusion of females from the throne of France. The salic law is a code of one of the ancient Frankish tribes, and the precise text, upon which inferences so important are built, is in the following words, No portion of inheritance in the salic land shall pass to females; but this be- longs to the male sex, that is to say, the sons shall succeed to the inheritance itself. (.Miontesq. Es. des Loix, 1. xviii. ch. 22.) It is satisfactorily shown by Montesquieu, and indeed appears from inspection of the law itself, that it was only a municipal regulation, designed for the succession of the private property of individuals, having no reference to the crown, and least of all to that of the kingdom of France. By the phrase salic land, neither the French territory, nor, as others suppose, a country in Germany, is intended. It signified, in its original acceptation, as used among the ancient German tribes, the cur- tilage of a dwellinghouse, the space reserved by each indi- vidual around his abode, according to the usage noticed by b of the law is thus Tacitus. (Dc. Mor. Germ.) The oricrin explained. The lands cultivated by the ancient Germans were given them only for a year, at the expiration of which they reverted to the community. Each individual owned in severalty no land except the curtilage of his house, which was called the salic land, and descended with the house itself to the male who was to occupy it as the master of the family. 1828.] Legal Condition of Woman. 355 If a female had been p~rmitted to inherit the salic land, the consequence would have been, that she might carry it by marriage to her husband, who, contrary to the true design of the thing, would thus possess two houses with the respective curtilages of each, that is, two shares of salic land. But simple as the law was in the beginning, it acquired a wider comprehension xvhen the Franks, having subjugated so large a portion of the Western Empire, and becoming the masters of extensive fiefs, naturally enough had recourse to the analogous case of their salic land for a rule by which to govern the succession of their new territorial possessions. The ne- cessities of a barbarous monarchy, supported only by deeds of violence, tended to strengthen the analogy as applied to the succession of princes during the first race; because the rude warriors of that age demanded a ruler of the male sex, and one as rude as themselves, to lead them in battle. Precedents, therefore, frequently occurred of the exclusion of females from the throne during the history of the first race, and occasionally in that of the second; and the crown happened to descend from father to son during eleven generations of the third race; so that when Louis Hutin died, leaving only a daughter, the states of the kingdom solemnly and deliberately declared the exclusion of females from the crown to be the law of the realm, and raised Philip the Long to the throne, as they did successively Charles the Fair, and Philip of Valois, in each case to the prejudice of females more nearly related to the crown. And notwithstanding the imperfect fyundation in law for this exclusion, still, having been acted upon for nine hun- dred years, it must be admitted the states of the kingdom were perfectly justified in pronouncing it to be part of the fundamental constitution of the monarchy. Yet the alleged illegality of this exclusion was the pretext for repeated inva- sions of France by English princes, who pretended a right to the throne derived through females, and who seemed to think, with the archbishop of Canterbury, in Shakspeares Henry the Fifth, that the dispute could be settled in their favor by astute criticisms upon the salic law. It is clear that a principle of succession uninterruptedly observed for nearly a thousand years required no confirmation, and could g~tther little strength from an obscure old text of the Frankish conquerors. Of the wisdom of such a provision, however, there is much ground to doubt, and still more of its justice. We speak not Legal Condihon of Woman. [April, of the question in reference to a savage state of manners; but if we did, many safe precedents could be adduced in favor of admitting women to an equality in this respect with the male sex. Grant that the tales of the ancient Amazons are in some sort apocryphal, arid that Spanish or Portuguese friars, who would have us believe similar governments exist in America, err a little on the side of the marvellous. Still we know that among many warlike tribes, of the old world and of the new, women have been permitted to assume the honors of royalty. Cases abound in America; nor are they wanting in Europe and Asia. In ancient as in modern Britain, women could as- pire to empire (Tac. Jul. ~dgric. c. 16), as the illustrious name of Boadicea may well attest. The influence of the female sex, and the authority of their counsels are apparent in every page of the history of the ancient Germans, notwithstanding they originated the principle embodied in the salic law. The names of Serniramis and of Catharine of Russia, if they raise the recollection of some personal weaknesses, are also associated with reigns of prosperity, splendor, and glory; nor would any masculine hand have been likely to sway the sceptre of empire with more of princely dignity and power. Zenobia might boast that but for the fatal supremacy of the Roman arms, she would have continued to show herself as worthy to reign as Aurelian himself. An4 if talent and fitness are hood titles to power, certainly the proudest male of the line of Tudors, or Planta genets before them, did not possess a right to rule more divine, a more clear and legitimate charter by nature, than Elizabeth of England. Indeed, it is one of the singular anomalies, which sometimes find a plac~ among human institu- tions, that, in countries where woman i5~ debarred access to all inferior political dignities, the iight of succeeding to the crown should be made ~n exception in her favor. And it is, there- fore, a subject of gratulation, that, in a great majority of instan- ces, when exalted to the highest of all political stations, woman has proved competent for the arduous duties she had to dis- charge. 1828.] Schoolcrafts Travels. 857 ART. II1.1. Travels in the Central Portions of the .Missis- sippi Valley; comprising Observations on its Mineral Geography, Internal Resources, and dboriginal Popula- tion. By HENRY R. SCHOOLCRAFT. New York. 1825. 8vo. pp. 459. 2. .1 Vindication of the Rev. .Mir Heckewelders History of the Indian Nations. By WILLIAM RAWLE. [Read at a Meeting of the Council of the Historical Society of Penn- sylvania, February 15, 1826, and published in the Second Part of the First Volume of their Memoirs.] MR SdHOOLcRA~T is advantageously known to the literary community as an accurate and judicious observer and an en- terprising traveller. His researches have been directed to the works of nature, and to man, where man has little besides the physical faculties which nature has given him. Mr Schoolcraft has traversed the immense trans-Allegany regions, whose geo- graphical features present an aspect of magnitude and solitary grandeur, impressive, and almost overpowering. There the lakes and rivers, the forests and prairies, are formed on a gigantic scale, still stretching before the eye of the traveller, like the distant horizon, which may be followed, but never ap- proached. Within the memory of the present generation, this vast plain, extending from the barriers of the Atlantic to those of the Pacific, was the home of the red man, and of the ani- mals which ministered to his subsistence and comfort; and even now, notwithstanding its population of two millions, the portion reclaimed by the hand of civilization is scarcely visible on the vast panorama, which it presents. In following the relations of travellers through these regions, we are carried back to the days of La Salle and Hennepin. In all but the uncertainty before them, and the perils around them, the great features of the landscape are unchanged. There is yet a freshness in the birch canoe, and in the songs of the voyageurs, which time has not impaired, and they are associated with all our notions of a northwest journey. Mr Schoolcraft was appointed secretary to the commission- ers, who negotiated the treaty of Chicago in 1821, and ITle accompanied one of them from Detroit to that place. Most of the journey was performed in a birch canoe, and the travellers crossed the western arm of Lake Erie, and ascended the VOL. XXVI.NO. 59. 46

Structure of the Indian Languages 357-403

1828.] Schoolcrafts Travels. 857 ART. II1.1. Travels in the Central Portions of the .Missis- sippi Valley; comprising Observations on its Mineral Geography, Internal Resources, and dboriginal Popula- tion. By HENRY R. SCHOOLCRAFT. New York. 1825. 8vo. pp. 459. 2. .1 Vindication of the Rev. .Mir Heckewelders History of the Indian Nations. By WILLIAM RAWLE. [Read at a Meeting of the Council of the Historical Society of Penn- sylvania, February 15, 1826, and published in the Second Part of the First Volume of their Memoirs.] MR SdHOOLcRA~T is advantageously known to the literary community as an accurate and judicious observer and an en- terprising traveller. His researches have been directed to the works of nature, and to man, where man has little besides the physical faculties which nature has given him. Mr Schoolcraft has traversed the immense trans-Allegany regions, whose geo- graphical features present an aspect of magnitude and solitary grandeur, impressive, and almost overpowering. There the lakes and rivers, the forests and prairies, are formed on a gigantic scale, still stretching before the eye of the traveller, like the distant horizon, which may be followed, but never ap- proached. Within the memory of the present generation, this vast plain, extending from the barriers of the Atlantic to those of the Pacific, was the home of the red man, and of the ani- mals which ministered to his subsistence and comfort; and even now, notwithstanding its population of two millions, the portion reclaimed by the hand of civilization is scarcely visible on the vast panorama, which it presents. In following the relations of travellers through these regions, we are carried back to the days of La Salle and Hennepin. In all but the uncertainty before them, and the perils around them, the great features of the landscape are unchanged. There is yet a freshness in the birch canoe, and in the songs of the voyageurs, which time has not impaired, and they are associated with all our notions of a northwest journey. Mr Schoolcraft was appointed secretary to the commission- ers, who negotiated the treaty of Chicago in 1821, and ITle accompanied one of them from Detroit to that place. Most of the journey was performed in a birch canoe, and the travellers crossed the western arm of Lake Erie, and ascended the VOL. XXVI.NO. 59. 46 Sclsoolcrafts Travels 358 [April, Maumee to Fort Wayne, near its source. Here they passed the height of land, and embarking upon the Wabash, descend- ed that river to its mouth. They then traversed the state of Illinois, and r& imbarking in their frail vessel at St Louis, ascended the illinois river to the Rapids, where they aban- doned ~the water and travelled over the vast steppes, which in- tervene between that spot and Chicago. The incidents and reflections which occurred on the journey, together with the circumstances attending the progress of the treaty, form the subject of Mr Schoolerafts work. Mr Schoolcraft, in a former work, directed the attention of geologists to the western regions of this country, and he is the first author in the United States, who has published a detailed account of a mining district. His View of the Lead Mines of Missouri has been for some years before the public, and it excited expectations, which subsequent events have fully justi- fied. Some of the peculiar opinions advanced in the work require confirmation, and the arrangement of the facts is inju- dicious. But it evinces a precision and accuracy in its details, and a power of observation, which will render it valuable as a permanent book of reference. Mr Schoolerafts Narrative Journal of Travels~ has been already examined in a former number of this Review, and we shall therefore pass without further introduction to the work, whose title is placed first at the head of our article. This author is among the numerous examples, which our country has afforded, of individuals, who have made their way to distinction, without any adventitious aid. We have under- stood, that his education was limited, and that he has been the architect of his own fortune. There is a visible improvement in his successive works, creditable to his judgment and appli- cation. In his View of the Lead Mines~ there was little of the tact of authorship; while in his more recent book the style is clear, the diction pure, and the arrangement happy. There is however, at times, an evident search after words, not always sanctioned by the best usage. Mr Schooleraft should recollect, that he will express himself most forcibly, when he expresses himself most easily. The route, which our traveller followed, presented scenes and incidents, and gave rise to recollections and anticipations, of which he has availed himself. The interest of the narrative is unbroken. 1828.] in the Jklississippi Valley. 359 The daring character of General Wayne, the Mad Anthony of the revolutionary war, is happily illustrated by an anecdote related by Mr Schoolcraft, in his description of the ruins of Fort Maumee. When General Wayne arrived before this work, after his vic- tory over the Indians at Presque Isle, he caused a general de- struction and devastation of the buildings and improvements for a considerable distance, both above and below the fart. Some of the buildings were within pistol shot of the garrison, who remain- ed silent spectators of this scene. Small parties of the American troops frequently went so near the works as to enter into conver- sation with the sentinels on the walls. Nor did General Wayne himself shrink from a similar exposure. There is a copious spring of pellucid ~vater situated near one of the angles of this work. Conversations held at this spring could be clearly understood within the fort. Here General Wayne, after riding round the works, halted with his attendants, and maintained, for some min- utes, a familiar conversation on the events of the campaign. Those who know his enthusiastic character, need not be told that he mad~e use of several very pointed expressions. The Gen- eral dismounted, took off his hat, and drank from the spring. Mr Schoolcrafts historical notices of the military expedi- tions, which have at various times penetrated the country in- tersected by his route, are interesting; and many new facts, illustrative of the causes of their success or disasters have been gleaned by him from tradition, or from cotemporary ac- counts. He does justice, and only justice, to General St Clair, whose misfortune it was, to be twice placed in situations, from which neither talents nor intrepidity could rescue him. He was the victim of public opinion, but a military tribunal, in both cases, honorably acquitted him, and history has confirmed the sentence. Notwithstanding these ingenuous statements, (alluding to the official report of the unfortunate commander), General St Clair is said to have brought off his men in tolerable order, with most of the wounded. During the action he had himself many narrow escapes; eight balls having passed through his clothes. The attack was conducted with astonishing intrepidity on the part of the Indians. After giving one fire, they rushed on, tomahawk in hand. In this campaign, as well as in that of Harmer, the result was not justly attributable to any imbecility on the part of the commanding general. The situation of the government run- 360 Sckoolcrafts Travels [April, dered it necessary, that both expeditions should move with all possible celerity. The troops were undisciplined, their physi- cal and moral qualities were bad, and the theatre of operations was so distant from the places of supply, that the mat6riel of each army was wretchedly deficient. It is matter of surprise, not that they were discomfited, but that they penetrated so far, and that any portion of them returned. We have seldom met with a more spirited sketch, than the following description of a scene upon the Maumee, and it is equally faithful and animated. The river has its course through a heavy forest of trees, clothed with a profuse foliage, some of which overhang the water, and others, riven from their very tops by strokes of lightning, project their bleached and denuded limbs amid the greenest foliage. When we throw over a scene like this, the strong and deep lights and shadows of the living landscape, with its most minute objects reflected in the clear mirror of the stream; with here and there ~ small log cabin on shore, surrounded with a few cattle; and the whole enlivened by the occasional flight of land birds, or the sudden flapping of a flock of ducks on the water, a pretty cor- rect idea will be formed of a mornings voyage upon this broad and clear stream. Our author omits no opportunity of investigating, and of in- vestigating well, all subjects connected with his favorite studies. In the thirteenth chapter he adverts to his previous publications on the mines, and describes in a clear and methodical manner, the principal formations of limestone, sandstone, and granite, of which latter mineral, an insulated field is found in the min- ing district. He also devotes some attention, and it could not have been better devoted, to the consideration of the metallifer- ous marl or clay, which has thus far been found the princi- pal repository of the galena of that region; and points out the distinction between this substance and the diluvial clay or gravel; the latter of which forms the upper series of the va- rious deposits. This singular feature in the position of the Missouri lead demands further investigation. The only analo- gous fact we recollect, is that recorded by Professor Buckland, as occuring in the vale of Clwydd in North Wales; but this is not in exact coincidence, as the lead ore mentioned by Buck- land exists in the form of pebbles in a hed of diluvial gravel, very much in the manner of the stream tin ore in Cornwall. The oldest species of limestone (to speak in accordance 1828.] in the Miss~siippi Valley. 361 with the doctrines of the Wernerian school) which Mr School- craft found in the mining district, he denominates inferior,~ arranging it with the transition, and not with the primitive class of limestone, to which latter he had previously referred it in his View of the Lead Mines. Other corrections in the de- tails of his former descriptions are made, for which we have not room. Some just observations are introduced respecting the impor- tance of the proposed can4 from Chicago to the Illinois, and on the nature of the country, and the difficulties to be sur- mounted. There is not perhaps on the globe a spot, where such a mighty physical revolution could be produced with so little human labor, as by opening a communication between Lake IMichigan and some of the upper tributaries of the Illi- nois. The Des Pleines, which is a considerable stream, rises in the country between the Mississippi and Lake Michigan, and pursuing a southeasterly course, approaches within twelve miles of the lake. The intermediate land is a level prairie, stretching in every direction, ~is far as the eye can reach. Its extreme elevation above the surface of the lake is seventeen feet, and that feeble barrier is all that is interposed between this mighty mass of water and the rich valley of the Mississippi, which it overhangs, like an avalanche on the summit of the Alps. It would be a matter of curious speculation to calculate the consequences of turning to the Gulf of Mexico one of those immense reservoirs, which are the fountains of the St Lawrence. The Delta of the Mississippi would he inundated and destroyed, and its low bottoms overflowed by a deluge, whose extent and duration no man can estimate. A gradual diminution would take place in the waters of Lake Michigan, which would be felt in Huron and, Erie, and Chicago would present some of the imposing features of the entrance into the Niagara river. It has long been known that boats can pass by water from the Illinois to Lake Michigan~ but we have never seen a satis- factory explication of this singular fact; and as it has fallen to our lot to make this voyage, and to pass a night in a birch canoe upon the great Saganashkee marsh, through which the route passes, and that too with the pleasant accompani- ments of intense heat, a violent thunder storm, and swarms of musquitoes, such as are known only to those who have trav- ersed the western forests, we shall briefly recall our impres Sclioolcrafts Travels. [April, sions of the scene. Between the Des Pleines and Lake Michigan, but east of the Portage path, there is an extensive marsh, to which we have just alluded. In a wet season it as- sumes the appearance of a lake, almost covered with the large water lily, whose yellow flowers and broad leaves overspread the surface, so that it would be difficult for, a boat, without a skilful pilot, to find her way through it. This lake generally discharges itself into the Des Pleines, but when that river is high, its waters fill the channel of communication and flow into the lake. The voyageur enters this channel, and follows the track made by some other boat, or works his own way, slowly and laboriously. As he approaches the natural termination of the marsh, the water becomes more and more shallow, and his progress more and more difficult. He at length arrives at the boundary, and finds himself at the summit level of the coun- try. An inclined plane of seven miles in extent, and with a depression of seventeen feet, stretches between him and Lake Michigan. And we very much doubt, whether the water of the Des Pleines ever surmounted this summit level and mingled with the Chicago, until this route had been frequently passed. The communication at present existing, has appar- ently been effected in a long course of years, by drawing the boats through the mud at the extremity of the marsh, and thus forming a small channel, which is soon increased by the velo- city of the current, occasioned by the rapid descent of the country toward the lake. This channel is called the Rigolet, and bears every appearance of the origin we have assigned to it. A boat descends it with great rapidity, and about two miles from the marsh enters the Chicago creek, a deep and sluggish stream, at this point on a level with the lake. In some cursory remarks upon the large mounds in the vicinity of St Louis, Mr Schoolcraft justly observes, that enough has certainly been written on the subject of our mounds, to prove how little we know, either of their origin, or of their interior structure. Tbe~e remains of ancient art have attracted the attention of travellers since the first settlement of the country; and standing as they do, the sole monuments of human industry, amid interminable forests, it is not surprising, that curiosity should be busy in investigating the age and ob- jects of their founders. But little, however, has been effected to satisfy the rational inquirer, and before much progress can be made, all the facts connected with the topographical situa 1828.] .ilboriginal Remains. 363 tion and construction of these works, and with the remains of earthern and metallic instruments found in and about them, should be collected and preserved. The Reverend Isaac Mc Coy, the Principal of the Missionary Establishment upon the St Joseph of Lake Michigan, a man of sound judgment and rigid integrity, has observed a class of works in that coun- try, differing essentially from any which have been elsewhere found. As his account of them is interesting, we shall tran- scribe the letter he has addressed to us. Aware of the interest you feel in everything relating to the character and condition of the Aborigines of our country, I do myself the pleasure to enclose to you a plot of a tract of land, which has been cultivated in an unusual manner for this country, and which was abandoned by its cultivators ages ago. These marks of antiquity are peculiarly interesting, be- cause they exhibit the work of civilized, and not of savage, man. All, or nearly all, the other works of antiquity, which have been found in these western regions, convince the observ- er, that they were formed by men, who had made little or no advance in the arts. If we examine a number of mounds in the same neighborhood, we find them situated without any re- gard to order in the arrangement, precisely as modern savages place the huts in their villages, and plant the corn in their fields. If we observe a fortification made of earth, we shall find it exhibits no greater order in its formation, than necessity in a similar case would suggest to an uncultivated Indian of modern days. If it be a wall of stone, the stones are unbroken, as they were taken from the quarry, or rather from the neighbor- ing brook or river. In the works, to which I now allude, we find what we sup- pose to have been garden spots, thrown into ridges and walks with so much judgment, good order, and taste in the arrange- ment, as to forbid a thought, that they were formed by unciv- ilized man. The plans sent you, by no means represent the most striking works. I procured these, because the places were near my residence. I can find several acres together, laid out into walks and beds, in a style which would not suffer by a comparison with any gardens in the United States. These places were not cultivated by the early French emi- grants to the country, because, 1. They evince a population at least twenty times greater than the French ever had in any of the regions of the lakes in 364 dboriginal Remains. [April, those early times. In the tract of country, in which I have observed them, of one hundred and fifty miles in extent, north and south, from Grand River to the Elksheart, I think the number and extent of these ancient linprovements indicate a population nearly or quite equal in density to that of Indiana. 2. The early French establishments were generally made on navigable streams. But these improvements are spread over the whole country. Scarcely a fertile prairie is found, on the margin of which we do not observe these evidences of civilization. 3. These works were abandoned by their proprietors long before the country became known to the Europeans. The timber, standing, fallen, and decaying, on these cultivated spots, has precisely the same appearance in respect to age, as that immediately adjoining. On a cluster of these beds, a plan of which I send you, I cut down a white-oak tree, which measured three feet two inches in diameter two and a half feet above the ground, and which was three hundred and twenty-five years old, if the real age of a tree is indicated by the number of its concentric circles. From the indications yet remaining, it is certain that most of these works have disappeared. We find none in the beech, ash, or walnut land, because here the earth is loose and mellow to the surface, and not bound with grass. We find them rarely in the prairies far from the timber, because the places of which I speak have been, as I suppose, not fields, but gardens, con- venient to dwellinghouses, which were probably placed in the vicinity of the timber for the same reasons which induce our present settlers to select similar sites for their residence. In what we call barrens, adjoining prairies, the surface of the earth is bound by the grass, in the same manner as that of the prairie itself, and by these means the ridges are preserved. And not- withstanding the causes which are ia daily operation to destroy these works, I am confident I have seen acres of them which will exist for centuries, if assailed by no other hand than that of nature. The Indians of Grand River informed me, that these appearances are found on all the waters of that river, and that they extend south upon the waters of the Kekalimazoo. A few are found near Michillimackinac. To use their expression, the country is full of them. The Indian tradition on this subject is, that these places were cultivated by a race of men, whom they denominate 1828.] Schoolerafts Travels. S65~ Prairie Indians, and that they were driven from the country hy the united tribes of Chippewas, Ottawas, and Potawatomies. The few who survived the calamities of war, went westward, and some may even yet exist heyond the Mississippi. But not the smallest reliance can he placed on any Indian tradition relating to a remote period. The remarkable impressions in the limestone rock in the vicinity of Saint Louis, have attracted the attention of this author. Their formation seems to be doubtful. While Mr Schoolcraft attributes it to the actual contact of the living member with the material of the rock before its induration; Colonel Benton, in a note annexed to the account, supposes that these impressions were produced by human labor. They are certainly curious relics, whether of nature or art. We un- derstand, they have been found in various places in Missouri, and exhibiting different parts and postures of the human body. The resemblance in all is said to be perfect, and it undoubtedly is so in those we have seen. Even the muscular parts of the feet are distinctly shown; and if they are the work of the chisel, they evince a state of the arts, in ages long gone by, of which no other monument has survived. Colonel Benton has stated the difficulties attending either hypothesis, tind although we are inclined to differ from him in his conclusions respecting the origin of these remains, yet our confidence in his judgment induces us to doubt, and await the result of farther investi- gation, for which we know of no one better qualified than that gentleman. Our general impressions concerning Mr Schoolerafts work may be collected from the preceding observations. It abounds in accurate and animated descriptions, and in just and philo- sophical reflections. There is a reach of thought pervading it, and evidence of powers of research, alike creditable to the author and satisfactory to the reader. The region he traversed and describes, is one of the most important and interesting in all the elements of future power and productiveness, which our wide spread country offers to those, who look forward with solicitude to her destiny. Mr Schoolcraft has placed this re- gion before us, with its forests and prairies, its rivers and lakes, its animate and. inanimate kingdoms, and he has described and lamented fhe decline and fall of its former possessors, and the exterminating march of those who are succeeding to them. VOL. xxvl.No. 59. 47 Heckewelder on the Ilmerican Indians. [April, The various notices of the Indians interspersed through this volume must constitute its principal charm with the general reader. Mr Schoolcraft enjoyed favorable opportunities for investigating the character and condition of these people, and he has surveyed them with the eyes of a cautious and judicious observer. He has avoided the extremes of reproach and panegyric, and has seen and described them as they are. It is certainly important, that a correct estimate should be formed of the situation and prospects of our aboriginal neighbors. It is important in relation to our general knowledge of the human family. And it is still more important in its application to the great moral problem, whose solution attracts the attention of the American government and people, and upon which must depend the renovation or extinction of this devoted race. Among the best known works on this subject is that of Mr Heckewelder, and the observations of Mr Rawle afford us an opportunity, at this time, of investigating his character as a judicious and faithful historian. Those who have followed the progress of opinion on subjects connected with the Indians, are well aware, that almost all the previous writers, English or French, who have recorded their own observations, or collected those of others, have described these people, as possessing the ordinary proportion of virtues and vices, which accompany human nature in its uncultivated state. The sketch was some- times brighter, and sometimes darker, deriving its color from accidental circumstances, and perhaps from the constitutional temperament of the artist. But the general outline was faithful, and the world was content to believe, that moral and physical evil was found in the American forests, as well as in every other region, occupied by any branch of the dispersed family of man. But it was reserved for Mr Heckewelder to introduce a new era into our knowledge of these subjects. He has surveyed the character and manners and former situation of our aboriginal inhabitants under a bright and glowing light. flis account is a pure, unmixed panegyric. The most idle traditions of the Indians, with him become sober history; their superstition is re- ligion; their indolence philosophical indifference or pious resig- nation; their astonishing improvidence, hospitality; and many other defects in their character, are converted into the corre- sponding virtues. And Mr Rawle is not the only respectable writer, who has been deceived by these partial representations. No one can look upon the passing literature of the day, without 1828.] Ileckewelder on the .zlmericau Indians. 367 being sensible of the effect on the public mind, which has been produced by this worthy old missionary. His favorite tribe, the Lenni Lenape, constitute the very beau id6al of a perfect savage. The great Indian family, however widely dispersed, is brought to this Delaware standard, and the plastic materials in the possession of Mr Heckewelder have enabled him to produce a uniform appearance, for which we shall vainly seek a prototype in nature. Many, and no doubt sincere regrets, have been expressed at that masterstroke of policy, by which the Iroquois persuaded the Delawares, that they were too fierce and powerful for men, and ought to assume the dress and duties of women; and then, by some magic spell, prevented them from resuming their pristine employment. And notwithstanding the commentary of Mr Rawle upon these and other traditions recorded by Mr Heckewelder, we shall find, that the character of this author for sound, discriminating judgment, is not re- deemed from previous impressions. Mr Rawle conceives that Mr Heckewelder is not responsible for these stories, because he relates them as traditions. And he then observes, that the author who professes to give an account of the history of a nation among whom he has resided, would perform his part imperfectly if he disregarded their own traditions. All this is well, but it leaves untouched the only real topic of inquiry. This is, not whether Mr Heckewelder has recorded Indian traditions, but whether he has recorded them as grave facts to which he assented himself, and to which he was desirous of procuring the assent of his readers. If these traditions are inconsistent with other and more authentic sources of informa- tion, or if they are incompatible with acknowledged principles of human nature, we may safely refer their orIgin to similar circumstances with those, which have elsewhere led to so much fabulous history. The slightest examination will show, that there is a spirit of credulity in the narrative of these legends, utterly irreconcilable with the cautious deliberation of an his- torian. No Delaware could relate them with a graver manner, nor with a firmer conviction of their truth. Nor is it probable that any one could be found, more anxious to impress this conviction upon others. The subject occupies more than twenty pages of Mr Heckewelders work, and that it is dis~ cussed con amore is evident from the most cursory examination. If any one will read from the twenty..eighth to the fifty-fourth page of that book, he will find the most idle tales gravely 368 lleckewelder on the ./lmerican Indians. [April, related, and a sympathy displayed for the fallen fortunes of the Delawares, which leaves no doubt of the authors sincerity. Mr Heckewelders work comprises a series of chapters, and the letters which passed between himself and Mr Duponceau. The first part of the former is devoted to the history and traditions of the Delawares, and the latter to philological inves- tigations. The manners and customs and condition of these Indians occupy the residue of the work. As the object we have now in view, is merely to ascertain the claims of this author to the confidence of his readers, we shall here confine our examination to his picture of Indian society. This branch of the subject occupies thirty-nine chapters. To place in a more striking point of view the total absence Qf all just dis- crimination, and the strain of panegyric in which the author indulges, we shall give his own synopsis of these chapters, and the commencement of a part of them. Our readers can then judge for themselves how far they are prepared to adopt the new views of a writer, whose prejudices present themselves in such bold relief. The five first chapters are historical. The sixth treats of The General Character of the Indians. It thus commences; The Indian considers himself as a being created by an all powerful, wise, and benevolent Mannito; all that he possesses, all that he enjoys, he looks upon as given to him, or allotted for his use by the Great Spirit, who gave him life; he therefore believes it to be his duty to adore and worship his creator and benefactor; to acknowledge with gratitude his past favors, thank him for present blessings, and solicit the continuance of his good will. VII. Government. Although the Indians have no code of laws for their govern- ment, the chiefs find little or no difficulty in governing them. They are supported by able, experienced counsellors, men who study the welfare of the nation, & c. VIII. Education. It may justly be a subject of wonder, how a nation without a written code of laws or a system of jurisprudence, without any form or constitution of government, and without even a single elective or hereditary magistracy can subsist together in peace and harmony, and in the exercise of the moral virtues. XI. Oratory. The eloquence of the Indians is natural and simple; they speak what their feelings dictate without art and without rule; 1828.] Heckewelder on the .6lmcrican Indians. 369 their speeches are forcible and impressive, their arguments few and pointed, and when they mean to persuade, as well as convince, they take the shortest way to reach the heart. XIV. Intercourse with each other. It is a striking fact, that the Indians in their uncivilized state should s& behave towards each other, as though they were a civilized people. XV. Political Manceuvres. In the management of their national affairs, the Indians display as much skill and dexterity, perhaps, as any people upon earth. XVI. Marriage and Treatment of their Wives. There are many people who believe, from the labor that they see the Indian women perform, that they are in a manner treated as slaves. These labors are hard indeed, compared with the tasks imposed upon females in civilized society; but they are no more than their fair share, nuder every consideration and due allowance of the hardships attendant on savage life. Therefore they are not only voluntarily but cheerfully submitted to, & c.~ XVII. Respect for the Age. There is no nation in the world, who pay greater respect to old age than the American Indians. XVIII. Pride and Greatness of Soul. The Indians are proud, but not vain; they consider vanity as degrading, and unworthy the character of a man. XIX. Wars, and the Causes which lead to them. It is a fixed principle with the Indians, that evil cannot come out of good, that no friend will injure a friend, & o. XX. Manner of surprising their Enemies. Courage, art, and circumspection are the essential and indis- pensable qualifications of an Indian warrior. XXI. Peace Messengers. While the American Indians remained in the free and undis- turbed possession of the land which God gate to them, and even for a long time after the Europeans had settled themselves in their * Of all the astonishing mistakes made by Mr Heckewelder, there is none which displays greater ignorance of the subject than this. The life of an Indian woman is a life of labor, and servitude, and fear. She is considered as an inferior being, made to work for her family and to obey her husband. And every person, who has resided a single day in an Indian camp, must be aware of the brutality, with which the women are treated. 370 Heckewelder on the .qmerican Indians. [April, country, there was no people upon earth, who paid a more religious respect than they did, to the sacred character of ambassadors. XXII. Treaties. In early times, when Indian nations, after long and bloody wars, met together for the purpose of adjusting their difference, or concluding a peace with each other, it was their laudable custom, as a token of their sincerity, to remove out of the place where the peacemakers were sitting all warlike weapons and instruments of destruction, & c. For, said they, when we are engaged in a good work, nothing that is bad must be visible. We are met together to forgive and forget, & c. XXIII. General Observations of the Indians on the White People. The Indians believe that the whites were made by the same Great Spirit who created them, & c. They will not admit that the whites are superior beings, & c~. But that they [the Indians] have no need of any such book, to let them know the will of their maker; they find it engraved on their own hearts, & c. XXVI. Dances, Songs, Sacr~flces. The dances of the Indians vary according to the purposes for which they are intended. It is a pleasing spectacle to see the Indian dances when intended merely for social diversion and innocent amusement. I acknowledge, I would prefer being present at them for a full hour, than a few minutes only at such dances as I have witnessed in our country towns, s~c. XXX. Physicians and Surgeons. By these names I mean to distinguish the good and honest practitioners, & c. With this only exception, the Indian physi- cians are perhaps more free from fanciful theories, than those of any other nation upon earth. XXXII. Superstition. Great and powerful as the Indian conceives himself to be, firm and undaunted as he really is, braving all seasons and weathers, patient of hunger, careless of danger, fond of displaying the native energy, 4c. XXXVIII. Friendship. Those who believe that no faith is to be placed in the friend- ship of an Indian, are egregiously mistaken, and know very little of the true character of these men of nature. XLIV. The Indians and the Whites compared. If lions had painters! We need not quote from this chapter. It contains the quintessence of all that precede it. 1828.3 Heckewelder on the .1/merican Indians. 371 The other chapters of this work embrace topics not readily admitting these encomiastic introductions. They relate prin- cipally, though not altogether, to the physical condition of the Indians, and to those arbitrary customs, which have no con- nexion with the moral qualities of a people. These are; Computation of Time; Preachers and Prophets; Fune- rals; Drunkenness; Insanity; Suicide; Initiation of Boys; Doctors and Jugglers; Bodily Constitution and Diseases; Scalping, Whoops, & c.; Dress, & c.; Food and Cookery.~ Let it be recollected, that the quotations here made, are not selected for the purpose of exhibiting the peculiar views of the author, but that they are his own leading observ~itions, intro- ducing the various topics he proposes to examine and discuss. And with these facts in view, our readers may well coincide in sentiment with Mr Rawle, when he says, that He, Mr Heckewelder, presented to us some new views of the Indian character, however they may differ from him in his opinion, that the whole account of them was conveyed in a manner so plain and unaffected, with such evident candor and apparent accuracy, that conviction generally, if not universally, followed. Mr Rawles character is deservedly high, but in these observa- tions he does not appear to us to have displayed his accustomed powers of discrimination, nor the acumen of his profession. We protest with equal earnestness and sincerity against any construction of our language which would impute to us a design to throw the slightest doubt upon the moral qualities of Mr Heckewelder. He has gone, where our praise and censure are equally worthless to him; but we shall say of him what we knew of him, that in the integrity of his purposes, in the blame- lessness of his life and conversation, and in his devotion to the great objects before him, he approached the models of the primitive ages. We say this, because the spirit of our obser- vations on a former occasion has been misunderstood, and because we disclaim all intentions of disparaging the memory of this venerable man, by whomsoever such a design may be imputed to us. But Mr Heckewelders work is a part of the general stock of literature, open to examination, and from the nature of its topics, inviting it. That various opinions should prevail, con- cerning its merit and fidelity, ought to have been anticipated; particularly as the author has impressed us, in the language Heckewelder on the .tlmerican Indians. [April, of Mr Rawle, with the belief, that these people were still more acute, more politic, and in in some respect more refined than had been generally understood. And if, on the first appearance of the work, its statements and conclusions were not called in question, Mr Rawle will find the true reason in the subject itself, of which few had any personal knowledge, and not in a general acquiescence in its doctrines and details among those qualified to estimate them. We well know the impression produced by it upon the minds of many, who are conversant with these matters; and in stating our own opinion, we state the opinions of persons competent to form one on the subject, that as a record of Indian history, as a description of Indian condition, and as a picture of Indian society and man- ners, it is little better than a work of the imagination. Let its general views be contrasted with a summary of Indian character lately published in a contemporary Journal; * and it will be obvious, that its author wrote under the influence of warm attachments and strong prejudices. To the fidelity of this general summary, it affords us pleasure to bear witness. It describes the Indians, as we have found them, with some vir- tues and many vices; prone to action more than reflection; yielding to the fiercest passions; with few efforts to acquire knowledge, and still fewer to improve the heart; and fading, wasting, disappearing before our vices and their own. By examining Mr Heckewelders History of the Moraviari Missions, his memoir, submitted, with other documents, to the Senate of the United States in 1823, and his history of the Indians; the nature of his intercourse with the various tribes, and his opportunities of surveying and describing them may easily be ascertained. It will be found, and such we know to have been the fact, that he had no general acquaint- ance with the Western Indians. His intercourse was confined to a small band of the Delaware tribe, who during many years received the humane attentions of the Moravians, and who had lost many of their own distinctive traits without ac- quiring ours. This band, after various migrations, settled upon the Muskingum river, about seventy miles west of Pitts- burgh, and here i~Ir Heckewelders knowledge of the Indian character was principally acquired. His band was removed from this place by the British authorities during the revolution- * The Western Museum. 1828.] Ileckewelder on the american Indians. 373 ary war, to the river Huron of Lake St Clair, and Mr Hecke- welder accompanied and remained with them a short time. One journey to Vincennes, and two or three shorter excursions upon the business of the mission, and we have the whole his-. tory of his intercourse with the Indians. Of the Wyandots, the Ottawas, the Chippewas, the Potawatamies, the Miamies, the Shawnese, the Kickapoos, all tribes of that region, he knew nothing. And if a comparison be instituted between his Narrative and Memoir and his History, it will be ob- vious that the latter has passed through other hands, and has assumed an appearance its author could never have given it. These three works, as they appear before the public, were never written by the same person. If it be now asked, What peculiar claims had Mr Heckewel.- der to our confidence, and upon what is founded his right to unsettle our knowledge of these subjects, and to introduce new views of the Indian character? the answer must be; Neither the powers of research or observation he has displayed, nor the advantages of situation and intercourse enjoyed by him; neither the constitution of his own mind, nor the cir- cumstances in which he was placed. At the extremity of a long life, and after his attention had been many years with- drawn from kindred topics, he was called upon for his collec- tions and recollections, for a minute account of all he had seen, and heard, and done during half a century. With en- feebled faculties (and we trust we may say this with reference to human nature generally, and not subject ourselves to any charge of unkindness towards this venerable man), he under- took his task, and it should excite no surprise, that his work is almost a collection of anecdotes, to which he had listened in his earlier life with the faith and fondness of a Delaware. We have said that the effect of this work is visible upon the literature of the day; and a stronger illustration of this fact cannot be found, than in the various sketches of Indian condi- tion and character interspersed through the novels of Cooper. With the powers of invention and description displayed by this writer, it is a source of regret that he did not cross the Allegany, instead of the Atlantic, and survey the red man in the forests and prairies, which yet remain to him. If he would collect his materials from nature, instead of the shadowy re- presentations he has studied, he might give to the world a series of works, as popular and interesting as any that adorn VOL. xxVI.NO. 59. 48 374 Heckewelder on the s1merica~ 1ndian~. [April, the literature of the day. Nor is there in the whole range of literature, a subject more happily adapted to that union of powerful invention and faithful delineation, which forms the charm of modern novels. Should our popular novelist adopt this course, he would discover how far he has wandered from nature in following the path marked out by Mr Heckewelder. He would find that an Indian does not always speak in figures and parables. In the Last of the Mohicans, and in the Prairie, scarcely a conversation can be found, in which questions are directly asked and directly answered. We quote a few speci- mens of this manner. A gull fans a thousand miles of air to find the seft; the women and children of a pale face cannot live without the meat of a bison; a head is white, but there is a forked tongue; the leaves cover the trees in the season of fruits; a tongue with two ends, like a serpent; they listen like deer to the step of a cou~ gar; no one can tell the number of the stars. Is the Tetou a fish, that he can see it in the river? The eagle at the falls of the endless river was in its egg, many snows after my hand had struck a Pawnee. If any of his words fall to the ground, they will pick them up and hold them to their ears. He gave them tongues, like the false call of the wild cat-bird; hearts like rabbits; the cunning of the hog (but none of the fox), and arms longer than the legs of the moose. Let the eyes of a dying eagle gaze on the rising sun. He has only manisfested, that he is a singing bird. Look at the sun; he is now in the upper branch of the hemlock. Before the sun could go his length, the little water would be in the big. This is not the manner in which Indians talk, nor is it the manner in which any people talk. When, strongly excited and in their public councils, they express themselves figuratively, but even then, not so generally as has been often represented. There seem to be set phrases, applicable to solemn occa- sions, which are introduced into their public addresses. In or- dinary conversation, their language is plain and unornamented, and as free from the labored conceits, we have quoted, as they themselves are from affectation. They are not of the Hudibrastic school; he could not ope His mouth, but out there flew a trope. They number, says one of the speakers in the Prairie, as many as the~fingers of my hand. No Indian from Patagonia to Hudsons Bay ever used this periphrastic expression for the 1828.] Heckewelder on the Ilmerican Indians. 375 simple word ten. It is rather difficult to believe the author can be serious. An Indian will hold up his fingers if appre- hensive he cannot be understood, and appeal by significant gestures to the eye; but to those who understand him he will use the proper numeral. The most extravagant conceit, however, is, that to an in- dian eye a humming-bird leaves his track in the air. It was doubtless such an eye, that enabled the party in pursuit of the lost daughters of Monro to distinguish the moccasin tracks of Le Renard Subtil and Magua, and actually to turn a rivulet from its course, and discover in its bed, the traces of their enemies. The author has been led into these extravagances by the authority of Mr Heckewelder. It is visible in the whole nar- rative of this flight and pursuit. With sagacity and percep- tions beyond the lot of man, the slightest impressions disclose to them the path of their enemies, and the incidents of their journey are developed with unrivalled acuteness. But in real life, such a result would be impossible. The objects interest- ing to an Indian are almost confined within the circle of his animal wants and desires. They are comparatively few, and his attention is therefore directed to them with undivided force. His powers of observation are invigorated by daily habit; as the sight of the sailor, and the hearing of the blind man, are sharpened by the exercise of these faculties. But an Indian can be lost in the woods, as we know from our own observa- tion, and whole families too often perish from hunger. Mr Heckewelders account of the costume of the Indian jugglers is also transferred to the Last of the Mohicans, and a man actually walks and growls through an Indian camp in a bear-skin, and is mistaken by the Indians for a bear. We have seen these dresses, and can assure our readers, that a man thus encased looks like anything rather than a living quadruped; and it is a poor compliment to an Indians sagaci- ty, to suppose he would be thus deceived. But it is not alone in the objects and incidents of external life, that the author of these novels has consulted the book of Mr Heckewelder, instead of the book of nature. He describes beingswith feelings and opinions, such as never existed in our forests. They possess elevated sentiments, pure morality, delicacy of feeling, and disinterested attachments; such as are oftener found in the pages of romance, than even in the highest 376 Ileckewelder on i/ic .4merican Indians. [April, walks of civilized life. And they equally excel in the minor virtues. The Pawnee, so we are told in the Prairie, gracefully threw his shield over one shoulder, and placing a hand on his chest, he bent his head in deference to the grey locks, & c. An Indian bowing to old age with his hand on his breast! Such a scene would indeed be new. In the thou- sands we have seen, a spectacle like this never met our eyes. We have no disposition to pursue this subject. We have. derived too much pleasure from these works, and feel too deep an interest in the reputation of the author, to find the task of pointing out his errors an agreeable one. Where he has drawn from his own abundant resources, he has been eminently successful, but in his delineations of character, and in those touches of nature which form the distinctive traits of different people, he has failed. His Uncas, and his Pawnee Hardheart, for they are both of the same family, have no living prototype in our forests. They may wear leggins and moccasins, and be wrapped in a blanket or a buffalo skin, but they are civilized men, and not Indians. They have the never failing impress of civilization in the dignity of their sentiments, and in the whole spirit of their conduct and conversation. They are the Indians of Mr Heckewelder, and not the fierce and crafty warriors and hunters, that roam through our forests. On a former occasion, we expressed our doubts of the ac- curacy of Mr Heckewelders philological investigations, and of his knowledge of the Delaware language. Our opinions have been called in question; and as the school he has formed has able and zealous disciples, it is important, in the future progress of similar inquiries, that his qualifications should be rigidly examined, and his labors properly appreciated. With these views, we annex a critical examination of a part of the vocabu- lary appended to his work; and if we are not greatly deceived, it will be manifest, that his acquaintance with the language was superficial, and that little confidence can be placed in the pro- cess he adopts, or in the conclusions he attains. In fact, there is a visible confusion in his ideas and a looseness in his translations, utterly incompatible with that severity of research and exactness of knowledge, which give to investigations into the philosophy of language, their principal value. That we are warranted in these remarks, will, we think, ap- pear from the following examination of sowe of the words and phrases appended to Mr Heckewelders ob~ervations on the Delaware language. 1828.] Heckewelder on the american Indians. 377 Ngai& wi, I drink. This should be ng6we, and means, I sleep. .Nwachp& clteli, I awake. This is a Munsee- word. In Delaware it is ndoghchda, I awake. A~papommissi, I walk. This is a Munsee word, and means I am Walking about. The Delaware word for I walk, is nbaupomz~skaw. .TVmamentschi, I rejoice. This is Munsee. In Delaware it is noldundoom. Adacltwil, I swim. This should he spelt ndaschewil. .TVnanepauwi, I stand. This is Munsee, and means 1 stand in different places. In Delaware, nep~ means I stand. .Nschiwel6ndam, I am sorry. This word is Munsee, and is pronounced ngewalunduns. In Delaware it is n~ealun- dum. A nipitine, 1 have the tooth-ache. This should be nwe~- p ete6ne. JVschawz~ssi, I am weak. This should be n~owsee. A t4ppocu, I am wise. There is no such word in the Delaware. It should be niuppo. Nnan6lhand, I am lazy. This wor~d means, I am always lazy. A( 6lehund, is I am lazy. G6tscltemunk, Go out of the house. The word is gotscluS- mink, and means out only. To express go out, they must say gotshemink awl, out go or rather move. Ickalli aal, Away with you. .dal or awl signifies to move, whether going or coming and ickalli is there. .Nn~pauwi, Stop there. This is Munsee, and means stand there. In Delaware it is nenepai~e, there stand. Undach& al, Come here. This should be wondach awl, this way or that way (indicated by pointing) move. Tauwgnni, Open the door, lid, & c. This is Munsee, and means open it. In Delaware, tunksh& nee kpafdtoon, signifies open the door.~ Pisellissu, Soft. This means shrivelled. T6ka is soft. Kulupaischi, Otherwise, on the other hand, else, however. Kquilapdjee, is the word intended, and it is used when anything happens contrary to expectation, as if a man ar- rives by one road, when he is expected by another. .Naltaliwi,) (The first word is intended .Eiyeliwi, Both, (of them.) for a Delaware word, Ilecicewelder an the american Indians. [April, but it should be written nauhal6, and means notwithstand- ing; as, I will do it notwithstanding it is wrong. There is no such word in Delaware or Munsee as eiyeliwi; the word meant is al~we, both. I1lee is the Delaware word for both. .ultt& ne l~wi, KIt is not true. This is Muns~e. It should be mutta ne l~zee. .,qlla gaski lewi, It cannot be true. This is neither Munsee nor Delaware. It should be mutta gus/ki lizee, Not can be true. Bisclzi, It is so. Pishe is the proper orthography. .JVwingallauwi, I like to hunt. This is Munsee. It is in Delaware nwsngaulaae. Nsckingi mikem6si, I dont like to work. It means, I hate to work. Nwinginammen, I like it. This means, It is pleasing to the sight. From nwinge, I like, and n& man, I see. Amechquihn, I have a cold, cough. This is Munsee. It is in Delaware noqu6ena, I have a cough. Undach lennem& uwil, Reach it to me. This is Munsee. Aschauwihilla, I am weak, faint. This is Munseeb It should be n~jaudtela, which means, I am wearied with exertion. I am weak is n~owsee. .Ndaptessi, I sweat. This is Munsee. It is in Delaware ndauptecksee. .TVd& gotschi, I am cold, freezing, & c. It is I am cold. A dellenn6wi, I am a man. This should be ndunnowe. .JVdochqu~wi, I am a woman. Adochquise. .TVdamandommen, I feel. This means, I feel it. L~cheen, To exist, breathe, & c. This word is never used by itself. lii klehel~cke? Do you draw breath yet? A Delaware would not thus express himself. He would say, QuiaAque hutchklehell6ha? Yet you live? Lekel6che iii nitis A. A.? Does my favorite friend N. N. yet draw breath? This expression would not be used by a Delaware. Gooch iii lekel~cIteu? DQes your father yet draw breath? A Delaware would say, Kook hut ek quia~& que lehellahiio? Your father yet live? G~zkawees iii lekelecheu? Does your mother draw breath yet? Gishawees is neither Delaware nor Munsee. KaA- haas is your mother. 1828.] Heekewelder on the Ilmerican lndianr. 379 W& chelemi, Afar off. Munsee. It should be ohelem6. Pichuat, Near, nigh. F~chuat, in English ortho- Pechuwiwi, Near (not far off). graphy, p& howut, is near. Pech4tschi, Near. .Paho6tshe is nearer; and pahotite is very near. Pechuwiwi is Munsee. ./Ilige, if so, nevertheless. The word meant is o1~ka. Yu undachqui! This way, & c. Yu is well, or an affirma- tive. Und& chqui, properly wondoc/que, is this way, or that way. A Delaware would use it, when he said, You go this way, you go that way, and would indicate which by his gestures. ickalli i~ndachqui! Still further on that way. Ick& lle has already been stated to be there, and wondocque to be this way, or that way. It is used when a person is seeking anything, and another wishes to tell him he is wrong, and must look elsewhere. If he were required to look farther, in the same direction, he would be told, Ickaw- le~tshe. If to one side or the other, Wondaqtuitshe, the speaker pointing in the proper direction. Wullilt, Yonder! The proper word is woll6, yonder. Wullilt teA! Beyond that. Woll~ t& , yonder there. Tauwil& illa, Sunk, it has sunk. Incorrect. qutaihila is sunk. Gachpall& tam, Let us go out and go on shore. Gaupaz~- tarn is Let us go ashore. Gaupalla~tam, Let us take him out. Gaupauto6tum, Let us take it out. Pusik! Embark (ye). Po6seckw is the word. fV~petalog& lgur& ! I am sent as a messenger. This is not Delaware. It should be nbetalooga4look, I am sent, from nbaat, I come, and aloogaAkuna, a hireling. .Ysagimaum petalogaigun yu petschi, My chief has sent me as a messenger to you. Yu is well, and petschi is an affirmative merely. The translation, after correcting it as above, is My chief has sent me, well, yes. No Delaware would use the expression. Sedpook! At day-break. The word is setpook, and means, early in the morning. Peta~& pun, is day-break, from pa6, come, and opun, day. .JVdellgun lachpi gatta p& ame, I was told to hasten, and re- turn quickly. Munsee. Literally, He told me quick, try, return. Heckewelder on the .6/merican Indianr. [April, A mauwi yihm, I am going to take a sweat. Munsee. The expression~ in Delaware is rtmauee peemo6a, I go to sweat. N dapi pihm. The same. A dapellauwi, I am come from hunting. In Delaware this is ndapallal& e. .Notameschican, A fishing spear, gig, & c. This is not so. It should be notamenze6kuu. .6lckquaneman, A bush net. This is incorrect. It is a Munsee word, and is applied to any kind of net. Okone6- kurt is the Delaware word for net. Gophammen, To shut up anything close, a door, & c. K ~p& hammen, $ Neither of these words is ever used by a Delaware in this form. When connected with a proper person or object, they are both used in a different form. K ~paIti, Shut the door. This is wrong. The proper translation is, shut it. It may be applied to a door, trunk, or to anything, to which shut may be applied. K~pahi k~pa~Itoon means shut the door. Xpaskhamen, To plug up tight. This word is never used by itself, as observed of gophammen. The proper mean- ing of the word, intended to be used here, is to shut with something soft. From kpahi, I shut it, and sees/ko, mud. Agupskornmen, I shut it, (with something soft, as mud, moss, & c.) Tauwun, Open the door. There is no such word Tauwunni, Open the door for me. 5 as tauwun. Tart- wun/nee, is open, and is applied whenever our word open is applied. It is Munsee. Tunkshaizne is the Dela- ware word for open. Tunksha& ne k~paidtoon, Open the door. Tunksha& nemoi k~pa4hoon, Open the door for me. Ntscltu! My friend. ) .Netslio6 is a female .AItscldttti, Dear, beloved friend. friend, and is applied .Aitis, Confidential friend. ) by one female to an- other, when speaking to her friend. When speaking of her female friend to a third person, she says, netshoos. A man, when speaking of his male friend, says rnitees, my friend. When speaking to his male friend, he says, n~e4. JV~eute ide, spelt by Mr Heckewelder ntschutfi, is used by a man, when speaking to his male friend, and means, my dear friend. Pilelaan, It bagins to rain. The word is p& telaen. 1828.] Heekewelder & n the ~mericcrn Indians. 381 dchwi sokeiaan, It rains very hard. wlchwi is Munsee, and means much or very. Peelldtcquon, It thunders. This is incorrect. The word is Paathocquon, It begins to thunder, from Pao, to come, and hocquon, thunder. Mchaquiichen, The streams are up. This is not Delaware. An Indian would say, Mhauquehun. This is understood by them to mean, The river is high, although river, which is s6poo, is not expressed. But when used in the plural, this omission is always supplied, and they say, .1VIhauqu& hunno s6pooa, The rivers are high. Chopp6cat, The water is deep. This is Munsee. In Delaware heelque means deep, but is used only with reference to water, and is thus understood, without adding s6poo, river, or n66~i, water. Jlleetschi higihelleu, The waters are falling. Already falling. Applied only to a stream. Sichelleu me6tschi. The waters have run off. Not so. Jate1d~ppecat, Shallow water. This is Munsee. In Delaware gahun is shallow water. Mr Heckewelder makes two words, and calls the former shallow, and the latter very low water. Buly~cat, Deep dead water, & c. There is no such word in the language. Dead water is Klumpithun, and this is probably meant by the next word, Clamp6ching, which Mr Heckewelder calls a dead running stream, & c. Ksch& chan, The wind. Kaashhiuk is wind, and kshatihun means, It blows hard. Which of these two words was intended to be written, does not appear. Ta ~%ndchen? From whence blows the wind? This is Mun- see, and literally means, Where wind? In Delaware it would be Ta hutsh won hun, Where wind? from ta, where, hutsh, a word used in all interrogations, wongee, from, kshaz& hun, wind; the first and last syllables of which words are joined, and from wonhun, which implies the course of the wind. Kschiechp6cat, Clear water, & c. This is Munsee, and means water that has been muddy or dirty and becomes clear. Never applied to a stream. Wootuypocut is clear water. Ilchgumhocquat, Cloudy. Munsee. Kumhocquot, is cloudy. Packenum, Dark. It should be, peeska. von. xxvi.~o. 59. 49 382 Heckewelder on tize & lmericau Indians. [April, Pekenink, In the dark. This is not correct. It should be endaupeesk& ice. .Pisgeu, It is dark. Properly Peesk& o. Pisgeke, When it becom