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THE POLITICAL EXAMINER.

I might give a short hint to an impartial writer it would be to tell him his fate If he resolved to venture upon the dangerous precipice of telling unbiassed truth let him proclaim war with mankind-neither to give nor to take quarter. If he tells the crimes of great men they fall upon him with the iron hands of the law; if he tells them of virtues, when they have any, then the mob attacks him with slander. But if he regards truth, let him expect martyrdom on both sides, and then he may go on fearless; and this is the course I take myself.

DE FOR.

CASE OF THE ALEXANDRA.

Ellenborough or Eldon, we are in as pitiable a legal plight | We still, however, cannot help thinking that Sir George as our fathers were. If ever there was reason to call for Grey was not so passively bound by the certificate of the appointment of a minister of justice whose business it Townley's insanity as he supposed. If the words "it should be to revise and review continually imperfect" shall be lawful" were mandatory as regards the Secrelegislation, we have it in the incidents thus recently forced tary of State they must certainly be of equal force as upon our notice. The egregious bungling betrayed in our regards any two magistrates and medical men, but no one present mode of passing acts of Parliament amounts to will contend that the action of those individuals is not barbarism. Instead of making progress, we seem to be discretional. going back; and while the cost of government increases year by year, the failure to secure its primary objects grows every day more palpable. Has the House of Commons left Another signal failure of justice, through the unwork-in it no men sensible of the national discredit? manlike manner in which our modern statutes are framed, causes great and grievous scandal. For weeks the public mind has been put out of temper at finding that a blundering Act of Parliament had enabled the attorney of a deliberate and dastardly murderer to laugh at the decision of a judge and jury, and to make a tool of a Secretary of State, by getting up a sham proof of insanity, which having served its turn, vanishes from the juggling scene. We are

now confronted with a far more serious and more shameful

Sir George Grey had before him the report of the Commissioners of Lunacy, whom he had directed to inquire into Townley's state of mind, and surely, when he found the opinion of those experienced officers at variance with the certificates of the Derby gentlemen, he might have seen reason to ask some questions about the latter how they were moved, and what was their impartiality and competency

unsound:

A medical man was bound to ascertain the smallest trace of medical

We trust that no political misuse will be made of the wretched mischances that have attended this case of the Alexandra. Let our smart cousins on the other side of the ocean jeer and jibe as they please at the incoherent staying the execution meanwhile. Sir George Grey says, exposition of the Foreign Enlistment Act by Chief Baron indeed, that the Commissioners' report was not so clear and Pollock, and the decrepit fumblings about rules and techni- explicit as he had hoped, but at the same time he says it calities of procedure which have recently been witnessed; was clear, if the prisoner had been one of their patients, they but let them not be misled into confounding these things would have declared him entitled to a discharge, and to be with any desire or purpose on the part of the English restored to liberty. Where, then, was the want of clearness? Government or the English people to elude the obligations The Commissioners had given their opinion that Townley of international justice, which the detention or liberation was not of sound mind, though not of such unsound mind discovery, namely, that in a case of the utmost importance, of the Alexandra is supposed to involve. On all hands it as not to know what he was about, and to be irresponpending between the subject and the Crown, in which is admitted now that the language of the provisions sible for his actions. And this distinction seems not to confessedly a grave misunderstanding arose as to the direc-restraining the clandestine equipment and fitting of vessels have satisfied Sir George Grey so much as the positive, tion of the judge at Nisi Prius, the important issue remains in our ports, meant to be employed for warlike purposes, tinction of the Commissioners of Lunacy is, however, a undiscriminating judgment of the certificates. The disundecided from a doubt among the Judges of the Ex-It would not have been possible for Ministers, perhaps, to thoroughly right one; and in the debate of Monday Sir chequer Chamber whether the Act relied on gives them have induced the Legislature to agree to a revision of the George Bowyer, who approved of Sir George Grey's course, jurisdiction. Of seven learned functionaries specially con- Act under existing circumstances until some attempt had showed most clearly that the view of the Commissioners vened to try the case in appeal, three were of opinion been made to put the present statute into operation. Its was the true view, the question before them being somethat they had the power, and ought to proceed; while the inadequacy needed to be experimentally shown before thing more than whether the man's mind was sound or remaining four came to the opposite conclusion. What This implied, no doubt, the possibility of failure in the clauses more stringent could with advantage be proposed. makes the matter if possible more absurd and intolerable first instance; but this is habitually the Westminster rule is that, to the opinions of Chief Justice Erle, Mr Justice of work,-never to think of rebuilding until some part of Williams, and Mr Justice Willes, must be added those of the four Barons of the Exchequer, who deliberately framed a new set of rules, for the very purpose of sending this case to the Exchequer Chamber. Instead of a minority of three, there is therefore a majority of seven of the Judges declared in favour of a construction of law which has for the present been overruled by a minority of four. The Attorney-General, who has staked his reputation as chief adviser of the Crown upon the validity of an appeal thus sanctioned, announces his determination to carry it to the House of Lords, where a wholly different set of learned magistrates will be invited to give judgment. Should that tribunal of last resort become perplexed with the same doubts that have paralyzed the action of the Court of Exchequer Chamber, we shall have reached the climax of legal incoherence and impotency.

disease for the purpose of applying to it either cure or alleviation. But the legal idea of insanity was entirely different, because it applied to particular acts. If a man had executed a deed or made a will, it became a legal question whether at the time he was competent to do that legal act. So of the criminal law. If a man knowledge of right and wrong to which the criminal law attached committed a crime, the question was, not whether he was of sound mind, but whether at the time of committing the act he had the responsibility and liability to punishment. Counsel too often appeared to lose sight of this distinction. It was their interest in certain cases to confound it, and to maintain that any degree of mental aberration of not guilty. But the question put to a medical man ought not to be in the prisoner was sufficient to justify a jury in finding a verdict "Is the prisoner of sound mind?" but whether the insanity and unsoundness of mind under which he might labour had deprived him of the knowledge of right and wrong, and of that responsibility without which the law never inflicted criminal punishment.

A case of the greatest moment to the interests of the community being tried before a judge whose integrity no America. We admit that we had nothing to complain of If it was intended to give such force to the behests of

Grey, we cannot but think that he would have attached
If this point had been duly considered by Sir George
more weight than he did to the Commissioners' report, and
made some inquiry into the birth and parentage of the
certificates. But he had no choice we shall again be told.
To hear was to
obey. The fiat of two justices and two
medical men had gone forth, and justice was to be arrested.
Now, is it conceivable that the Legislature could intend
to make so passive a machine of the Secretary of State?
any four gentlemen half-magisterial, half-medical, would
not the high officer of State have been spared the un-
dignified part of passive compliance? Why should the
instrument to pick open prison locks go to him, when its
commands might as well have been laid upon some inferior
functionary, for the transfer of a prisoner to a Lunatic
Asylum? If the motion was a mere motion of course, it might
'surely have been put into other hands than those of the
supervisor of justice. The nature of Sir George Grey's
office argues against the denial of discretion; and to bring
the question to a test, if another certificate of Townley's
insanity, in due form, were to reach the Home Office
to-morrow, as it might do, the law as yet remaining
unchanged, would Sir George Grey think himself bound
to act upon it, and send the man back again to Bedlam?
No one can believe in such an absurdity.

the old house is actually tumbling down. Commonwealths founded on philosophical principles may laugh if they will mistake it for indifference or carelessness about decency: at our old-fashioned love of patchwork: but let them not We are satisfied that on the main question involved in the cases of the Alabama, the Alexandra, and Mr Layard's steam rams, the mind of the country and of the Government is thoroughly generous as well as just. We did not like to be bullied into re-making a municipal law, by articles in the New York journals, or speeches in Congress, or despatches from Mr Seward. But while remaining imperturbable and motionless so long as shall be perfectly open to entertain by-and-by any propothese were the only incentives to remedial legislation, we sition that can be shown to be necessary for securing a genuine reciprocity to our neighbours on the subject of neutral obligations. We do not wish the few amongst us who may be capable of hazarding the peace of the seas for the sake of their own quasi practical gain, to find any shelter or protection for their lawless trade in British ports, which they or their fellows are denied in the ports of France or one questions, and whose ability is great, he delivers a when we were belligerents, and our transatlantic kinsmen charge to the jury the obvious meaning of which he were neutrals; and we should be ashamed to give them subsequently repudiates, yet fails to explain; and he any just cause of complaint against us now that our positions are reversed. We must, however, be allowed to deal refuses to sign a bill of exceptions wherein he must have with these things in our own way. The arrest of the steam admitted the fact of misdirection, which everybody but rams in September last, as soon as evidence was furnished himself remembers. Under these circumstances, the Court to the Foreign Office on which it could act, coupled with of Exchequer was equally divided as to whether or not the refusal of that department to interfere until it could do there should be a rule for a new trial; and etiquette so legally, ought to dissipate unworthy suspicions regarding requiring that the junior Baron should give way to the the policy of this country; and however disreputable to presumably superior judgment of the Chief, the rule the character of our judicial system, and to that of our for a re-hearing was discharged, not upon the merits, legislative handicraft the history of the Alexandra case but confessedly on strictly technical grounds. All the may be, we believe that in the sequel it will be found to Barons agreed, however, that this decision would cause a have served rather than dis-served the cause of permanent defeat of justice which they were bound if possible to good understanding between America and England. obviate. They believed that they had the power to do so, by exercising an authority given them under the Common Law Procedure Act of granting an appeal in error; and to this end they framed and published rules whereby suits on PASSIVE OBEDIENCE OF THE HOME SECRETARY. the "Revenue side" of the Exchequer might henceforth be dealt with in all respects as other actions. When in accord- Sir George Grey has lost no time in bringing in a Bill to ance with the mode of proceeding thus deliberately marked amend the Act under which was compassed the signal out as the proper one to be taken by the advisers of the Crown, defeat of justice in Townley's case. At present any two the Alexandra case came on for hearing in the Exchequer county magistrates and any two medical men, conjoined, Chamber, all the judges of the Common Pleas who were may certify to the insanity of a prisoner; Sir George Grey present, considered it to be their duty to hear and dispose proposes to restrict the authority to a commission of the of it; while all the Judges of the Queen's Bench who were visiting justices of a jail, and two medical men selected THE FAILURE OF CHURCH PROSECUTIONS. present declared that their brethren of the Exchequer by them. This will at least render the law less unsafe exceeded their statutable jurisdiction in granting the than it now is, and that is all that can be said, for visiting Abatement of the worst bitterness of controversy will, appeal, and that they had no authority to proceed. If it justices are not always all that they should be, and some we hope, follow the final judgment of the Committee of be possible to suppose a like difference of opinion, among of the number have their peculiar notions about capital Privy Council on the appeals of Dr Rowland Williams and the half-dozen peers who form the judicial element of the punishment and about insanity, the definition of which the Rev. H. B. Wilson against Dr Lushington's decision Upper House, upon the due construction of the act of 1854 not unnaturally becomes very large and loose where a life upon their case in the Court of Arches. That decision, which they had themselves a principal hand in framing, is concerned. But to provide against error, Sir George while it left much larger latitude to free inquiry than some we shall begin to believe that we are drifting back into the Grey proposes to divest the certificate of its mandatory had supposed lawful, still found in the contributions of slough of delay and uncertainty, from which we thought character, and to leave it discretionary with the Secretary Messrs Williams and Wilson to the volume known as we had escaped thirty years ago, and that without Lords of State to act upon it or not. This is quite right. Essays and Reviews' grounds for a sentence of suspension

[LATEST EDITION.]

The proposed Bill, we repeat, will be some improvement of a very unsafe law, but it is to Sir F. Kelly's measure that we hope to look for better securities of Criminal Justice. The Home Office is the worst of all possible courts of appeal, as the public have at last discovered. The dispensing power, always dangerous, can never be safe except in high judicial hands, and under the light of publicity.

for one year, monition, and condemnation in costs. The either in the Articles or in any of the formularies of the Church. in a sort of escapade out of bounds. But yet Captain practical result of the prosecution instituted by the Bishop But in the 6th Article it is said that Holy Scripture containeth all Dew warned the Lieutenant and other officers, who of Salisbury and Mr Fendall was indeed a penal sentence Testament are therein termed canonical. In the 20th Article the upon other occasions had accompanied him where they were things necessary to salvation, and the books of the Old and New against individuals, but together with it there was pro- Scriptures are referred to as "God's Word written;" in the Ordi- forbidden to go, that he was responsible for their safety. cured a publication to the clergy of their right to more nation Service, when the Bible is given by the Bishop to the priest, Now responsibility in such case implies command. Off independence of thought than had been considered lawful it is put into his hands with these words, "Take thou authority to duty there is clearly no responsibility in mere comby the movers of such prosecution. The result of the preach the word of God;" and in the Nicene Creed are the words, panionship. There cannot, indeed, be a reasonable doubt "the Holy Ghost who spake by the prophets." We are confined by subsequent appeal is no triumph to either party, but a the article of charge to the consideration of these materials, and the that Captain Dew expected obedience and had it, though salutary check upon the rash resort to internecine strife question is whether in them the Church has affirmed that every part he himself was acting and leading others to act in conwithin the Church. Religion in the Church will be the of every book of Scripture was written under the inspiration of the tempt of orders. Lord Hardwicke observed, after Captain only gainer by discouragement of the vain clamour for Holy Spirit and is the Word of God. Certainly this doctrine is not Dew's letter had been read, "Obedience is the first pains and penalties as the repressors of opinion. involved in the statement of the 6th Article, that Holy Scripture duty of a naval officer, and what the Duke of containeth all things necessary to salvation. But inasmuch as it Somerset in the case of Lieutenant Tinling called volunThe appeal having been heard before the two Arch- doth so from the revelations of the Holy Spirit, the Bible may well bishops, the Bishop of London, the Lord Chancellor, and be denominated "Holy," and said to be "the Word of God," "God's "teering was neither more nor less than an act of duty." Lords Cranworth, Chelmsford, and Kingsdown, the Word written," or "Holy Writ; " terms which cannot be affirmed to But what, then, was the act of his commanding officer, Capjudgment, read by the Lord Chancellor last Monday, in every part of the Old and New Testament. The framers of the be clearly predicated of every statement and representation contained tain Dew, and what sort of example did it set to the men opened and closed by carefully guarding itself against Articles have not used the word "inspiration" as applied to the of his ship, who knew that their Captain had quitted his being interpreted as an expression of opinion of any Holy Scriptures; nor have they laid down anything as to the nature, post to go where he was forbidden to go, and that if they sort as to the character and tendency of the book extent, or limits of that operation of the Holy Spirit. were for any reason to do a similar thing they would be known as Essays and Reviews." "If, therefore," it said, "the book, or these two essays, or either of them as a against Mr Wilson In the other article of accusation left to be sustained lectured on the duty of implicit obedience, and well flogged to boot? The countenance given to such an example "whole, be of a mischievous and baneful tendency, as argues much relaxation of the discipline of the navy. It "weakening the foundations of Christian belief and likely life there will be no judgment of God, awarding either eternal fiance of orders; the value of the service may be questionThe charge is, that Mr Wilson advisedly declares that after this is nothing to the purpose to plead service rendered in de"to cause many to offend, they will retain that character, happiness or eternal misery, an accusation which is not warranted "and be liable to that condemnation, notwithstanding this by the passage extracted. Mr Wilson expresses a hope that at the able, not so the value of the rule of obedience to orders. "our judgment." The Judicial Committee of Privy day of judgment those men who are not admitted to happiness may be Nelson exceeded his instructions, and when a glorious Council declares, as the Court of Arches had declared, that small and great, may ultimately find a refuge in the bosom of the there must not be the fault without the Nelson. And so dealt with as that "the perverted may be restored," and all, "both fault is committed by a Nelson it will be condoned, but it had only to weigh the plain grammatical meaning of the Universal Parent." The hope that the punishment of the wicked passages brought before it as under a charge of heterodoxy, may not endure to all eternity is certainly not at variance with a Nelson would not have quitted his ship to go thirty and in the same way to weigh and compare with them anything that is found in the Apostles' Creed, or the Nicene Creed, leagues up the country to hunt such small deer as those in the articles and formularies of the Church or in the Absolution, which forms part of the Morning and Evening the Taepings, and officiously to serve such cruel, false allies passages Prayer, or in the Burial Service. which they were said to contravene. as the Imperialists.

66

The judgment proceeds to consider the words bearing upon this subject in the Catechism, the Commination Service, and the Athanasian Creed, and adds,

Of all the charges originally made against Dr Williams Captain Dew, however, denies the intention of hostiliand Mr Wilson, so many had been disallowed in the Court ties, and protests that he broke bounds only to advise the of Arches or abandoned by the prosecutors, that upon two French commander. If this was all his purpose, why did only in each case issue was joined in the last appeal; and It is material to observe that in the Articles of King Edward VI., he not go alone? He did not want any one to help him on all points the decision of the Judicial Committee was framed in 1552, the 42nd Article was in the following words: "All in giving advice, if that was the sole business of his errand. against the prosecutors. But there was this noticeable men shall not bee saved at the length.-Thei also are worthie of And when the unfortunate Lieutenant asked leave to accomdistinction between the two cases, that in the case of Dr condemnation who indevoure at this time to restore the dangerouse Williams the Committee disallowed the construction put saved, when thei have suffered paines for their sinnes a certain time opinion that al menne, be thei never so ungodlie, shall at lengtht bee pany him, he might have answered, "I am about to transgress instructions. I do so upon my own responsibility, upon the cited words of the accused, adding almost by appoincted by God's justice." This Article was omitted from the "trusting to be excused by the circumstances and the superfluity their widened reading of the sense of the 11th Thirty-nine Articles of Religion of the year 1562, and it might be "service which may be rendered, but I will not engage Article; while in the case of Mr Wilson it accepted the said that the effect of sustaining the judgment of the Court below" another in the same breach of orders without the same on this charge would be to restore the Article so withdrawn. We object, the object not being to fight but to counsel. interpretation put on the impugned passages, but disare not required, or at liberty, to express any opinion upon the allowed the interpretation of articles and formularies of mysterious question of the eternity of final punishment, further than "Your duty does not lie where I am going, so keep to the Church that were adduced in opposition to them. to say that we do not find in the formularies to which this Article " your ship." It was charged against Dr Williams-1. That in certain refers any such distinct declaration of our Church upon the subject as to require us to condemn as penal the expression of hope by a Instead of holding this language, Captain Dew accepted quoted words of his he maintained the Bible to be "an clergyman that even the ultimate pardon of the wicked who are the offered companionship, as he states, and with it the expression of devout reason and the written voice of the condemned in the day of judgment may be consistent with the will responsibility for the safety of the officers associated with "congregation"-not the Word of God; 2. That he of Almighty God. him. But how was safety concerned if, as he protests, his denied justification by faith in saying that "the doctrine" It cannot be too clearly understood that in all this judg- mission was in design simply and solely one of advice to "of merit by transfer is a fiction." Upon the first charge ment there is no decision whatever upon any point of doc- the French commander? it is found that Dr Williams himself did not say that the trine. Truth will prevail the more surely when the strife This is his statement: Bible is "not the Word of God;" that is only an inference of passion has been stilled. The decision is only upon drawn from his words by the prosecution; and to declare points of discipline. And as the judgment in the Gorham I deemed it necessary for the safety of Ningpo to pass beyond the that he meant this, is not a just inference, especially when case arrested the mere physical strife of High Church with the Taepings, but rather by my presence and advice to ward off thirty miles' radius, not for the purpose of engaging in hostilities his actual language is read in connexion with his state- against Low Church, and conceded their due place within disaster from the Imperial forces. All the officers who accompanied ment made a few sentences later, that the Holy Spirit the great National Church to many pious men of the evan- me on these occasions perfectly understood their own and my posidwelt in the sacred writers of the Bible. The decision, gelical section of the clergy, so the effect of this judgment tion, and considered themselves on leave. I repeatedly warned them therefore, from which only the two Archbishops dissent, will be to declare that the Church of England will not against exposure to fire, especially on the eve of the assault on is that he had not written what could be legally inter- cast out those men of what is called the "Broad Church" ing his fearless nature, and told him and them to bear in mind that I Shoushing, when I particularly cautioned Lieutenant Tinling, knowpreted as a denial that the Scriptures are the Word of who wish also to serve God within her communion. The held myself personally responsible for their safety. God. In consideration of the second charge it is found spirit strengthened by such prosecutions as those now brought The fall of Shoushing alone would enable me to leave Ningpo, so I that the attainted passage is part of the language put in to an end, is not the spirit of the Master whom we all as went to the front, not at first intending to be present at the attack, the mouth of an imaginary advocate, who is supposed to Churchmen serve. Let argument continue between earnest but merely to urge on the French commander the necessity of making one. General Taidif requested me to remain, as, in the event of an defend Baron Bunsen against those who declare him to be men, for by that truth is assured; but it is full time that we accident to himself, he feared his force would disperse. His worst it is not said, not a member of the Church of England, made an end of litigation. And it is happily now made so fears were realized; he fell early on the day of the assault, bis but not a Christian. From such a passage it is decided difficult for one section of Churchmen to carry off another officers and men became dispirited, and my presence alone saved a that it would be "unjust to him to take his words as a section into bondage by appealing to the letter of the law, till Admiral James sent up competent officers to relieve me; and in great desertion; malgré moi, I had to take the direction of the siege "full statement of his own belief or teaching on the sub- or for any pugnacious clergyman to say which of his a fortnight, so hard were the besieged pressed, that they evacuated "ject of justification." Here the judgment of the Court of brethren may be taken by the throat and mulcted in his the city, and one of the first provinces in China was regained to the Appeal might have stopped; but it has, with great pro-worldly goods for the discouragement of his opinions, that Imperial Government, and I was enabled to leave Ningpo, with a priety, and without the dissent of the Archbishops, gone we may hope to find it easier henceforth to keep the unity gunboat alone for its protection. on to close the door against more unseemly brawl and liti- of the spirit in the bonds of peace. There is a great The question whether Lieutenant Tinling died in pergation upon this great mystery, by pointing out that the work waiting to be done by the Church among the people, formance of his duty is a cruel one for his family. Unhap 11th Article" is wholly silent as to the merits of Jesus a simply Christian work in which all sections of our pily he fell where it was not his duty to be, and where it "Christ being transferred to us. It asserts only that we clergy may employ themselves, with the whole country to was equally against duty for any to be giving him orders. "are justified for the merits of our Saviour by faith and aid them. To such work many of the London clergy are It is a sad case, and a most pernicious example for the "by faith alone." The interpretation put upon the pas- applying themselves, and foremost among them has long discipline of the service. A good officer is lost, and a dansages quoted by the promoter of the suit against Dr been the Bishop who now judiciously abstains from gerous precedent established. Fifty years ago it would Williams when he is charged with asserting "that justifi- joining the Archbishops in dissent from a decision that in have gone hard indeed with an officer who gave the "cation by faith means only the peace of mind or sense fact leaves untouched every Church doctrine, but inter- account of his conduct to the Admiralty that Captain Dew "of Divine approval, which comes of trust in a righteous prets the merely penal force of the Church formularies, has done, evidently in full confidence that his contempt "God," is disallowed. "That," it is decided, " is not with a judicial strictness, in the interests of peace. "the assertion of Dr Williams."

NAVAL DISCIPLINE.

of

orders would not subject him to any disagreeable consequences, but rather earn him praise. That he was right in this expectation is a grievous reproach to naval discipline, and bad consequences are too sure to ensue.

Against Mr Wilson, the two charges before the Committee of Privy Council were-1. That he had declared in effect that the Scriptures were not necessarily at all, and certainly not in parts, the Word of God, written under the The circumstances of Lieutenant Tinling's death at inspiration of the Holy Spirit; 2. That he did not believe in the eternal damnation of the wicked. Upon the first Shoushing have been again discussed in the House of BALLET DRESSES AND FIRE. charge the decision of the Judicial Committee of Privy Lords as if the only question were personal, or what Council, from which the Archbishops dissent, is most impor- was due to the feelings of the relatives of the deceased. Various expedients have been suggested for guarding tant, since it finally removes all question of material pains To us it seems that something more is involved, namely, the dresses of dancers and ballet girls against fire, and it is and penalties from full and honest study of the Bible. Our the subordination of the Navy. rather extraordinary that a plan remains unrecommended clergy, with their consciences already partly freed by Dr. Captain Dew very frankly avows, indeed almost boast- and unnoticed which has been in every way successful at Lushington's judgment in the Court of Arches, will be fully, that he acted against orders in passing beyond the one of the small theatres. The common cause of danger altogether free henceforth to search the Scriptures and prescribed boundary to hostilities of thirty miles from the are the lights placed low on the floor of the stage, and the possess their souls in peace. The first charge against Mr shore, but he rather quibbles with the question whether way of providing against it at the theatre alluded to is Wilson, says the judgment of the Committee, Lieutenant Tinling was acting under his orders, and also simply to shorten the dresses of the ladies so as to put Involves the proposition, "That it is a contradiction of the doctrine whether the object was an attack upon the Taepings. them completely out of reach of the lamps, amongst which laid down in the 6th and 20th Articles of Religion, in the Nicene He denies, indeed, that the Lieutenant was on duty; they could bound about and twirl with the most entire safety, part of the canonical Books of the Old or New Testament upon any request, and was to be considered on leave, that is, on garments. And this is not all. Beginning with the indise Creed, and in the Ordination Service of Priests, to affirm that any but says he accompanied him, Captain Dew, at his own for no aspiring flame could touch the lowest hem of their pabject whatever, however unconnected with religious faith or moral leave not only of absence from duty, but leave to enter putable principle that there can be no danger of fire whent The proposition or assertion that every part of the Scriptures was upon forbidden ground, actually against duty. According there is no drapery whatever, the next deduction is that Writun under the inspiration of the Holy Spirit is not to be found to this view Lieutenant Tinling was his Captain's companion the danger is diminished to the greatest possible degree by

duty, was not written under the inspiration of the Holy Spirit."

1

Whilst mentioning these facts, which mark an unquiet insult were in the close order of licentious brutality. As mind and insufficient financial economy and control in the well might it be pleaded for the wretches who commit Turkish Government, let us not pass over an act in the indecent assaults in the streets that they are not premediopposite direction. This is the admission of some thirty tated. Christian youths to the Turkish Military School. They At the Westminster Police-court, a filthy German was are of all the Christian persuasions; and, strange to say, convicted of one of these assaults upon a woman he had they are strictly forbidden to turn Mussulmans. Christian never seen before, and it having been proved that the plea officers, such as Omar Pasha, do frequently become rene- of drunkenness was false, Mr Selfe properly observed: gades in order to obtain high command. But this is now That had it been otherwise drunkenness would be no excuse for not to be permitted, the effect of which will be to en- his insulting and attacking a respectable woman in such a way, and courage the formation of Christian lieutenants, but to dis- committed him for twenty-one days' hard labour in the House of courage the rise of semi-Christian Pashas. The innovation Correction. on the religious rigidity of the Turks has been, no doubt, Mr Selfe, unlike the Common Serjeant, would not have owing to Sir Henry Bulwer, who is said to have for years taken drunkenness at all into consideration, nor did he see insisted that it is necessary for the Sultan to employ any extenuation in the fact that the prisoner had attacked Christians and even foreigners, both as civilians and as a woman as soon as he set eyes on her, of course without officers. By depriving itself of the services of the most premeditation. The German has three weeks with hard wealthy and educated of its subjects, the Porte, in the labour; Mr Whitehead two months without labour, in opinion of the British Ambassador, merely flung away one effect a milder punishment; and we see an unpremeditated of its advantages.

LOVE, LAW, AND PHYSIC.
Can love be controlled by advice,

Will Cupid our mothers obey?

assault on a woman, without the aggravation of indecency, punished at the Thames Police-court with three months' imprisonment with hard labour, and very properly so punished.

reducing the clothing to the minimum. So aloft and alow, to borrow nautical phrase, the dresses are close-reefed, lowered as much as may be above, and raised belowlow in the high, high in the low quarters. Less covering indeed, it must be confessed, there could not be consistently with the rotundity required by fashion. What there is runs mainly to breadth. Upon seeing this expedient you may have uneasiness on some scores, but it will not be alarm of fire from ground lights. We have said that the plan has been in every way successful, for it has not only succeeded perfectly as regards the danger to be guarded against, but it has filled the little theatre nightly to overflow. The New Royalty Theatre used to be about the most obscure, and the most hopeless as regards profit of any in London, but now it is highly popular and prosperous, in direct proportion, indeed, to the height of the petticoats. And for this we have seen great laudation bestowed on the management by judicious critics. But after all, what is it that the management has done to attract the public and fill the treasury? Simply and solely shortened the ladies' petticoats six inches. We tremble when we think of what competition might do in this direction. It may be worked as a rule of three question, and then where is it to stop :-if shortening by six inches will do so much, how much more THE BATTLE IN NEW ZEALAND. may be done by shortening by seven, and so on? What the The Maoris have suffered a defeat that may possibly danger of this calculation may be we need not point out sings Polly in the Beggar's Opera,' but it appears most shorten the wretched war with them into which we have more particularly, but it certainly is not fire from low foot-prosaically and unharmoniously in the action for breach of unwillingly been forced. On Friday the 20th of November, lights to high drapery. promise of marriage, Shuttleworth v. Kirkman, that love General Cameron advances to Rangariro against the chief can be controlled by advice, and that Cupid will attorneys Maori entrenchments which had been for nine months in obey, though not mothers, the amorous old gentleman of course of construction and, really well constructed, were seventy having put his passion under the guidance and said to be manned with about 1,100 natives. The whole control of his solicitors, who would not consent to his hap- of the Ngatiawa or proper Waikato tribe was within the The military monarchies have, in a certain sense, all piness at the price of a small settlement. The defendant place, which was backed on two sides by the Waikari tribe. got their constitutional checks. It is no longer songs and is the medical superintendent of a lunatic asylum, and By land and up the river in the gunboats Pioneer epigrams circulating amongst the intelligent classes of seems as foolish as doctors of this class usually are. There and Avon, General Cameron brought against these ensociety, or murmurs heard from the lower, which temper was no delusion in the case, however, nor illusion either, trenchments a force of about 1,200 men, exclusive of government absolutism and zeal. But the monied people when it came to the question of money. sailors and marines, with two guns of the Royal Artillery, every where have got hold of the State purse-strings, and We have a strong opinion against actions of this sort, that opened fire on shore at the same time that the steamers pull them tight against the itching fingers of war parties. and think that a lady of thirty years of age has no claim were opposite the landing-place; but the Pioneer could not It is curious to mark how universally this is the case. In for damages for not getting for a husband an old man of be got into position for landing her troops. All being so England the economists even of the Government will not seventy not remarkable for sense; but the Chief Justice of far ready, at half-past four in the afternoon immediate have their estimates deranged, though it be to save Denmark. the Queen's Bench remarked, with his usual good feeling, attack was resolved upon, the 65th Royal Engineers were Over the channel Fould forbids a Polish war. At Berlin that it is one of the misfortunes of these cases that the told off for the storming party, advanced rapidly under heavy the Chamber has sent the King to make war on his private lady's feelings are too often first outraged and afterwards fire, leapt over the first line of pits, and followed by the resources. Even the Vienna Reichsrath curtails the mili- laughed at. The jury thought it no laughing matter, and rest of the land force drove the Maoris from their outer tary budget, disliking the use made of it. Russia has not gave Miss Shuttleworth 4007. damages. Dr Kirkman works into the heart of their position. The fire of a desaid a word in behalf of its own Treaty of 1852. It would ought to have considered that his lawyers, to whose judg-tached party sent to cut off those Maoris who made for a gladly maintain that arrangement, but the cost has to be ment he sacrificed his flame, had an interest in the matter, swamp in the rear, drove them to the water, and more counted. Civilization can at last boast that it has placed which might incline them to prefer the profit of costs for a than a hundred began swimming and wading to the other some little check upon military despotism, even where it has breach of promise to the smaller one for a marriage settle-side. At this time the Pioneer got alongside, and the not succeeded in establishing or perfecting Constitutional ment. Government.

TURKISH PROSPECTS.

BENEFIT OF DRUNKENNESS.

When will magistrates hold a consistent language about
drunkenness? When will they cease to say and unsay
7?
To declare it no palliation of offence in one breath and
treat it as palliation in the next.

The

troops being quickly ashore, a shower of bullets fell upon the swimmers, and comparatively few escaped. General If the check be felt at St Petersburg, it is also exCameron's whole force was then gathered round the Maori perienced at Constantinople, where it is far more required, entrenchments, to which there was admission only by a narand more useful. People must recollect the flourishing row opening through which but one person could euter at a Turkish Budget, which was published some time since, time. Every officer who led the attempt to take this posiwith its fifteen millions of revenue clearly exceeding some tion by storm was either killed or dangerously wounded. fourteen millions and three-quarters of expenditure. Never The hour too was becoming late. General Cameron, therewas a nicer balance. On the strength of the surplus all In the Criminal Court the Common Serjeant, in passing fore, gave orders for the parapets to be undermined and its kind advisers prompted the Porte to collect an army on sentence on Whitehead, convicted of an indecent assault, blown up, and the attack deferred till daylight the next the Danube, in order to walk into Servia, or the Princi- observed, "with respect to his being in a state of drunken- morning. The soil being a loose sand, perfect undermining palities, as soon as Europe was occupied with its own ness, that was no excuse for the offence he had been was impossible, but the parapets during the night were embarrassments. The Porte was but too willing. It had "guilty of, but still the Court would take that into conconsiderably reduced, the natives all the while yelling and a standing quarrel with Servia. The Greek convents were "sideration, and the impression formed that the prisoner shouting. Soon after daybreak their head chief stood forward a convenient subject for entering into the same relations" did not meditate insulting the prosecutrix." with a white flag and called for an interpreter. with the Principalities. We now learn that several of the This is Touchstone's style of argument. Drunkenness, interpreter advanced, the English soldiers also had crept great Powers, especially Austria, incite the Turks to take in respect that it is voluntary loss of reason, is no excuse the disputed question into their hands, and by a military for offence, but in respect that the man does not kose up and the Maoris saw themselves surrounded. They saved themselves by unconditional surrender, and were invasion compel Prince Michael and Prince Couza to conform what he is about it is to be taken into consideration. complimented on the brave stand they had made. There to the Turkish wishes. This would be difficult. For the Why does the Court give a thought to a circumstance that were but 185 of them, including twelve wounded and one Porte seeks no less than to dethrone them, and supersede does not extenuate offence? If it takes the plea into conor two women. Less than fifty Maori dead have been them by Fanariot rulers, such as made provincial govern- sideration at all it should be in aggravation rather than found, including some women; there are not quite 200 ment so lucrative for themselves and for the high officers mitigation. But the fact is, that the Common Serjeant prisoners, and few are said to have escaped. The estimate of did allow some weight to the plea of intoxication. Poverty, however, has taken the Turkish Government It will be remembered that the case was a very bad 1,100 natives in the earth-work was therefore an error, and the victory was easy over a handful of brave savages by the throat. The experienced who examined the one. The prisoner instantly, upon stepping into a railway in their entrenchment, by an English force of three or four boasted estimate of fifteen millions, said at the time that carriage, commenced an indecent assault upon a lady, ac- times their number, with gunboats and land-guns. The the fifteen would turn out ten. The returns were ex-companied with gross language of insult, treating her, indeed English loss was forty-one killed, officers and privates, and aggerated, every petty and doubtful debt taken as certain as a common prostitute. Upon the trial Whitehead was a dozen officers severely wounded. Several chiefs are of recovery, and the boasted surplus all moonshine. We judiciously advised by his counsel to plead guilty, pro-among the prisoners, and the fight, therefore, may shorten see the correctness of their surmises. The financial year fessedly to save the prosecutrix the distress of repeating the war; but it was neither glorious nor inglorious to the does not close till the end of March. But by the end of evidence painful to modesty, but most probably to avoid assailants, while the Maoris can boast that they surDecember the Turkish treasury was dry. The regular the indignation which would naturally have been excited rendered only to a much superior force after inflicting advances, arranged with the banks, were paid up and ex- by the lady's account of the outrage, and the feelings of severe punishment upon the enemy. hausted; and the old system of taking up money from the Galata merchants at 12 per cent. interest has been compulsorily resorted to. In fact, the revenue suffices for three-fourths of the year, but the last quarter demands the old supply of Treasury bills and paper, constituting a deficit, and a costly one, that does not appear upon the

of the Porte in the last century.

bond.

And

shame which the recital must have moved in her. Mr Serjeant Parry had the audacity to claim for his client the credit of manliness for this politic course, and repreTHE GERMANS IN SLESVIG. sented it as some atonement for the unmeditated offence of a drunken man. But unfortunately, it appeared in the The sudden abandonment of the Danewerke has been as report of the proceedings before the magistrate, that the the breaking of a dam, and already the overpowering prisoner was laughing at the complainant and mocking force of the Prussians rushing into Slesvig has with much The warlike propensities of the Turkish Government are her when she was giving her evidence as to his disgusting sacrifice of life swept northward before it the little army thus not to be found in the last quarter of its financial year. and ruffianly behaviour; and this must have been when of the gallantly retreating Danes. The day draws near That is something. What it might do in May is another the intoxication had passed away, and he had had time to when the invaders must explain to Europe, Why this matter, and will form a new consideration. The Sultan is not think of his conduct, and repent of it, if he had any of the bloodshed? The last of a long series of shadowy pretexts only keeping up his army, but getting, by degrees, a fleet feelings of a man. of quarrel was the Constitution of November 18, 1863. of ironclads, like his neighbours. The necessity of paying The Common Serjeant, adopting the view of the prisoner's The Germans have no right whatever to demand up at least a portion of the price of the two, now building counsel, laid some stress on the circumstance that White- its abrogation, yet before a life was sacrificed, Denmark for him in England, was lately a great cause of pecuniary head had not meditated the insult. The fellow, upon consented to abolish it at the first possible moment, distress. The Sultan met it by advancing money from his seeing a good-looking woman in a railway carriage, had and in the only possible way, short of converting a private resources for the Civil List, which the Bank regu- incontinently made an indecent attack upon her, and for sound constitutional kingdom into a mere imitation of larly pays. We fear that his ironclads are destined for this allowance is made as for an act without deliberation. a German despotism; and England offered guarantee of her acting upon the Danube, a prospect far more alarming to Why, it is an aggravation that at the first sight of the good faith. Austria and Prussia still profess, diplomatithe Christian inhabitants of the great river's bank, than woman the ruffian was ready with a filthy assault and ex- cally, that they do not mean to break the Treaty of 1852 any amount of muskets or fowling-pieces in the hands of pressions. How could there be meditation in such a case by detaching Slesvig or Holstein from the Danish crown, the Christians could be to the Turks, as regards the particular person outraged? To see and to Their acts seem to belie their words,

Correspondence.

GLOZING OVER THE GUN QUESTION.

healthy manhood. At the age of fifteen the youth was resolved, therefore, to send him to St Michael's, where his admitted to the Sophomore class in Harvard College, and grandfather Hickling was Consul of the United States, and entered gaily upon college life with more knowledge of after wintering there he was to visit London and Paris for Greek and Latin than some students carry away with the benefit of the best medical advice, and, if he were able, Sir,-On the 9th instant Lord Hardwicke, in the House of them after graduation; for in these studies he had been proceed to recruit his health in Italy. In the year 1815 Lords, asked whether the Government were in possession of well trained. guns which would penetrate iron-plates four-and-a-half declared that he could learn nothing effectively. By help be by a small sailing vessel. He was three weeks at Of mathematics he knew nothing, and the voyage from Boston to St Michael's could only inches thick; his lordship stated that Sir W. Armstrong of his memory he did for a little while satisfy college forms, sea, but he carried his kind gladness of heart into the had made some nice breech-loading field-pieces up to the and learnt to say by rote what he could not understand; miserable cabin, where his inflammation of the eye was calibre of 12-pounders, but that all his great breech-loaders but at last he appealed frankly to his teacher, confessed his brought back, and he must diet himself on rye pudhad failed. On the other hand, Mr Whitworth had made real and hopeless ignorance, offered to go on learning by ding, with no sauce but salt. He reported home that guns which had sent flat-headed shots through the strongest heart if it were wished of him, and was thereafter excused he had been treated with every attention, and made as iron-plates. Lord Hardwicke wanted a little information. It is strange, after the question of great guns had been so from the study, though he could not be excused from the comfortable as possible by captain and crew, "but this ventilated, that his lordship should take so narrow a view of form of attendance in the class-room. " cabin was never designed for rheumatics. The so very broad a question. The young student had a strange humour for living and "companion way opens immediately upon deck, and Lord Hardwicke totally put out of sight the fact that for working by rule, and he had then, as he had through life, an "the patent binnacle illuminators, vice windows, are so six years one man alone has been allowed to peddle with our extraordinary aptitude for making good resolutions which "ingeniously and impartially constructed, that for every artillery-that he received honours and money for making a he would break and mend, and of which his frank speech "ray of light we have half a dozen drops of water." He dead failure, that his failures in no way interfered between always displayed to his associates the whole process of landed with a slight renewal of the trouble in his eye, and, him and fresh jobs, that as fast as one thing had been a breaking and mending. One day he confessed to his old again to be happily housed, was welcomed warmly into costly failure he was allowed to make another attempt. In short, that he had been appointed Inspector of Royal Artil- school crony Mr Gardiner, that he had just made a new Yankee Hall, the comfortable home of a genial and hale lery when he should have been appointed Tinker of Royal resolution, which was never to make another resolution as grandfather of seventy-two, who by a second wife had Artillery; that two millions and a half had been made long as he lived. The same friend tells of him that he children, of whom some were of like age and humour with ducks and drakes of by this man, from a determination was careful never to attend any greater number of college their nephew or cousin. Here, he said, "every one is on the part of the War Office that if he could not do the "exercises, nor any less number of evening diversions in sans souci, the air of the place is remarkably propitious work nobody else should. So strong is the back-stairs "Boston, than he had bargained for with himself. Then, "both to good spirits and good appetites." In a fortnight influence of Sir W. Armstrong. The power of holding on "if he found out by experience the particular circumstances his eye was again seriously attacked, and for three months and the tenacity with which he stands to his breech-" which served as good excuses for infraction of his rule, he was a prisoner to the dark room, where he would lie, loading pea-shooters, as the Times' Richmond Correspondent "he would begin to complicate his accounts with himself singing aloud, with unabated cheer. "There have been terms them, and the old 68-pounders, is marvellous. Why by introducing sets of fixed exceptions, stringing on "few days," he wrote home, "in which I could not he is to supersede all other engineers is a question easier asked than answered. "amendment, as it were, after amendment to the general It really is a case of the Showsolace my sorrows with a song. I preserved my health man and the little boy.-Walk in, my little dear, and see "law, until it became extremely difficult for himself to "by walking on the piazza with a handkerchief tied over what you shall see-Here is Danull in the Lion's Den, quite "tell what his rule actually was in its application to the "a pair of goggles, which were presented to me by a composed and heasy in his mind, a reading of the Times'"new cases which arose; and, at last, he would take the "gentleman here, and by walking some hundreds of miles newspaper, but the Lion won't touch he.-Little Boy: Why "whole subject, so to speak, into a new draft, embodying" in my room, so that I emerged from my dungeon, not won't he touch him, sir ?-Showman: Vy vont he touch him? "it in a bran-new resolution. And what is particularly "with the emaciated figure of a prisoner, but in the Vy in course becos he's Danull. Armstrong or Daniel, it "curious is, that all the casuistry attending this process "florid bloom of a bon vivant. Indeed, everything has is all one, the case applies to either. When the Duke of "was sure to be published, as it went along, to all his "been done which could promote my health and happiSomerset and Lord De Grey found the case put to them in "intimates." this mild form by Lord Hardwicke they were in clover. "ness." The joyous, grateful heart of the young man Oh, they had just now got some great guns made by Armstrong, time to join and succeed his father in the practice of the young people used their bright eyes for him in reading to Such was the frank and happy student who was in due won on the whole of his grandfather's household. The but no broadside guns for ships. Whitworth was to have a trial with Armstrong, perhaps something would come of it. law, and who would have made law instead of literature the him, in his prison, Scott, Shakespeare, the Iliad and the Armstrong was a fine fellow and always ready, but Whitworth business of his life but for the accident that made him what Odyssey; the old people wept at parting from him, and the hung back, not so much on the part of his guns as dread of that he afterwards became. In Prescott's junior year,-he was grandfather, as he pressed him often in his arms upon the Ordnance Committee, whom he justly considered to be one- then but sixteen years old,-there was one day after beach, said, "God knows, it never cost me more to part sided and packed. Lord De Grey admitted that Whitworth dinner such rough frolicking and pelting among the under- from was not afraid of his cause, but very much afraid of the graduates in Common Hall as sometimes occurred when any of my own children." judges who were to determine the merits of the ordnance on the College officers had left their tables before the room left St Michael's for London, where he took the best reputed Early in April 1816, his age then being twenty, Prescott trial; and in this opinion Mr Whitworth is not singular, but

THE LITERARY EXAMINER.
Life of William Hickling Prescott. By George Ticknor.
Boston: Ticknor and Fields.

I went personally for his physician, and brought him back with me, fearing, as it was already late at night, that there might otherwise be reasonably anxious. some untoward delay. The result showed that I had not been unadopted, and absolute quiet prescribed. I watched with him that The most active treatment was instantly night; and as I had yet made no acquaintances in Paris, and felt no interest there so strong as my interest in him, I shut myself up with till he was better. I was, in fact, much alarmed. Nor was he insenhim, and thought little of what was outside the walls of our hotel sible to his position, which the severity of the remedies administered left no doubt was a critical one. But he maintained his composure throughout, begging me, however, not to tell him that his illness was dangerous unless I should think it indispensable to do so. In three or four days my apprehensions were relieved. In eight or ten more, another week he was restored. during which I was much with him, he was able to go out, and in But it was in that dark room that I first learned to know him as I have never known any other person beyond the limits of my immediate family, and it was there that was period of above forty years, no cloud ever passed. first formed a mutual regard over which, to the day of his death,

is supported by the majority of engineers throughout the was cleared. When Prescott, who was going out at the professional advice, and learnt that there was no hope of country. The Duke of Somerset and Lord De Grey treated door, turned his head quickly to see what was going on, a recovery of sight in the eye first injured, and that little the subject exactly as though Woolwich, Shoeburyness, and large hard piece of bread, that had been thrown at random, could be done for the other except to add to its strength Portsmouth were Sir W. Armstrong's manors; the Ordnance and would otherwise have hit the back of his head, struck by strengthening the whole physical system. He was then Committee his keepers, who were bound to see that no his left eye. It struck upon the open surface of the eye, unable to read the books he bought for future use; he might poaching engineers trespassed upon his land and infringed before the lid had time to close for its protection. He fell, not attend, sorely as they tempted him, the farewell perhis manorial rights. Whitworth they deemed a poacher of with the nerve of the eye paralyzed beyond recovery, and formances of Mrs Siddons and John Kemble; but of the few a dangerous character, but as he was rather supported by his whole system reduced as by the shock of a concussion of things he did see he enjoyed most the Cartoons of Raffaelle Squire Bull they were obliged to squeeze him in for a trial, the brain. He was too ill to sit up in bed. Much bodily and the Elgin Marbles. which they would ruin if they could. If Lord Hardwicke Of the Elgin Marbles he said, had framed his questions with a view of blinking the real privation and suffering became through this accident a part "there are few living beings in whose society I have exstate of things, in order to allow the Duke of Somerset and Lord of Prescott's life, but to the crust of bread thus thrown at "perienced so much real pleasure." From August until De Grey to get off easily, he could have devised no better random in a boyish romp we owe the histories of Fer- October in that year the youth was in Paris, and then, It is to be hoped, indeed I shrewdly suspect, that in dinand and Isabella,' Philip the Second,' and 'The Con- travelling with an old schoolfellow and friend, he wintered the House of Commons there are certain members more quest of Peru.' as a traveller in Italy. In the spring he returned to Paris, awake, and who will not leave the covering alone which has After a period of prostration in a dark room Prescott where his friend who is now his biographer found him ill. been so curiously wrapped round the grossest job that has went back to college, with no apparent defect in the eye His illness suddenly became dangerous, and, says Mr been perpetrated for many years, to the detriment of the that had been struck, though there passed through it to Ticknor, country and the great benefit of the cause of monopoly. his mind, then and thereafter, only a faint glimmering of CAVETO. light. Of that eye he was thenceforth blind. From his days of seclusion, cheerfully endured, he had come out more anxious to pass creditably through his college career, and succeeded so well in Latin and Greek that his defect in mathematics and several other of the severer studies was overlooked when, at the close of his college course, he received his degree. On that occasion he recited, on a In the form of a dainty little modern-antique quarto, a hot clear day in August 1814, a Latin poem upon Hope, drawing-room book of which the aspect is very delightful after which his happy and prosperous parents celebrated to the student's eye, this is one of the most genuine the occasion by giving a dinner under a marquee to five biographies that has been published in our day. It is fresh, hundred persons. natural, warm with the recollection of a life-long friend- During the four or five months after leaving college, at ship based on a rare fulness of sympathy; an adequate the age of nineteen, Mr Prescott was a student of law sketch of a most interesting life by the one man who was in his father's office. But then there appeared in his one most competent to write it. Mr Ticknor-the recent new sound eye an inflammation that became excessive, wholly a edition of whose 'History of Spanish Literature' we by no depriving the patient of sight while it lasted, and affecting means intend to leave undiscussed-was the friend by whom the whole system. When it left the eye it fastened on the velled a little in England, and at Midsummer embarked Returning to London in May, the young invalid traPrescott was set on the path of study in which he earned knee, and proved to be acute rheumatism. The rheumatism for home with unstrengthened eyes. At home nothing his brilliant success. What memoir there might be of him which thus made its attack on the youth's one remainit was Mr Prescott's desire that his friend Ticknor should ing eye continued in many forms to afflict him during the His sister, three years younger than himself, became his was wanting that might give him health and happiness. write; and here it is, so written that it will live together rest of his life. For sixteen weeks this first attack kept hold upon him, during which time he could not walk a step, and comrade, and shut herself up with him to read to him for six William Hickling Prescott was born at Salem, New twice the disease shifted back to the eye, each time accom- or even eight hours at a stretch, until the father and England, May 4th, 1796; his father, handsome and gentle, panied with total blindness. But the cheerfulness of Pres- and regulate her loving zeal. It was out of question now mother, for her own health's sake, intervened to restrain then thirty-four years old, was already a successful bar- cott's mind remained invincible. rister; his mother, five years younger, was joyous and who is now telling his life, had been his familiar companion question that he should lead an idle life. His friend Mr Ticknor, that he should practise as a lawyer. As much out of full of womanly activity. He was the second born but the at school, and at home from the time when he was twelve the little benefit derived from seclusion caused him, except Experience of first living son; a bright, merry, sensitive boy, with a years old, and he now found him in his dark chamber, when there was some especial inflammation of the eye, how strong memory, who loved play better than books. Trained quite unchanged, either in the tones of his voice or the to gratify his always strong relish for society, and the result to free speaking by the indulgence of a happy home, happy "animation of his manner. He was perfectly natural and of this was very soon his marriage to Miss Susan Amory, also in his first schoolmistress, who called herself "school-" very gay; talking unwillingly of his own troubles, but the daughter of a successful and cultivated merchant. mother" of her flock, he was at school full of life and mis-" curious and interested concerning an absence of several chief, ready and able to do what work he was obliged to do, years in Europe which, at that time, I was about to com- when his old schoolfellows joked him upon his desertion "Omnia vincit Amor, et nos cedamus Amori," he said, but careful not to do more than his task. He read at random," mence. I found him, in fact, just as his mother afteras a natural boy should; delivered his fancy captive to "wards described him to Dr Frothingham, when she said: then twenty-four, the cherished son's young wife was from their bachelor ranks. In May 1820, his age being Southey's version of Amadis of Gaul;' established a school "I never, in a single instance, groped my way across the friendship with the son of his teacher, fought with him "apartment, to take my place at his side, that he did not received into the household of the Prescotts. In that marmock combats, and beguiled the time with him by alter-"salute me with some expression of good cheer,-not a riage, as in all other domestic relations, Prescott's life was nate invention of romantic stories as they went along the "single instance, as if we were the patients, and his one of unclouded love. At the time of his wedding, says streets. He was simply, in fact, the fortunate son of 666 'place were to comfort us." " his friend, happy house advancing by the natural way to a bright, As summer wore away winter was dreaded; it was light brown hair that was hardly changed or diminished by years, He was tall, well-formed, manly in his bearing but ge gentle, with

with the works of which it tells the tale.

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