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neither is it strictly correct to assert, that latter, the compassion of the jury, enlisted as dogs which have worried sheep are not with equal or greater intensity on behalf of beaten or hung as an example to dogs, so the prisoner, accepts and adopts the plea neither can madmen be punished as an ex. of insanity on very slender grounds. In ample to madmen. Nothing can be more either case a jury is called upon to examine opposed to all experience in the treatment facts of the most perplexing kind, and to of mental diseases, than the supposition weigh evidence frequently of the loosest that they are impervious to the force of ex. character which can be tendered in a court ample, or the fear of consequences, except of justice; the singular diversity of the indeed in the most advanced stages of fu- result at which a jury so placed will arrive, rious mania.
in the one case or in the other, is a suffiThe great evil and danger which would cient proof of the absence of fixed rules appear to result from the present state of or principles to guide its decision. the law, as it was applied at the late trial, By the old law of France, great care was consist in the extension to cases where the taken that the plea of insanity should be absence of moral control is by no means tried as a distinct question from the main fully established, of all the precautions and question of the guilt of the prisoner, and immunities which the humanity of our always before other Judges. By the penal criminal jurisprudence has invented or al. code of modern France it is laid down as a lowed. That absence of control was not general principle, that where there is insanestablished, as we have already seen, but ity (démence) there is no crime or delinassumed as the certain and inevitable con- quency; consequently, whenever insanity sequence of that amount of mental delu- can be successfully pleaded, the imputed sion under which a man like M'Naughten criminality of the prisoner falls at once to apparently labored.
the ground. To a certain extent this may To borrow the motto of our northern co. be said to be the case in England ; at least temporary, “ Judex damnatur, cum nocens the more celebrated cases of insane crimi. absolvitur.” In this case, the eminent nality are of such a nature that the whole judge who decided the cause and stopped defence and acquittal of the culprit turned the trial before it had reached its natural upon the unsoundness of his mind. The termination, stands fortunately above all criminal act itself was patent and overt; animadversion. Nor can we refrain from and the more openly it was committed, the paying our humble tribute of respect to greater reason is there to believe that such that exalted and unbending dignity of our an act was insanely committed. Perhaps principal ministers of justice which raises there would be some advantage in separatthem in such questions above the reach of ing the two questions which are thus simthe censures and influences of the day. ultaneously brought before the jury, instead But the obvious fact that “nocens absolvi- of allowing the main interest of the trial tur,"—the felon is acquitted, -provokes to turn at once upon the circumstances and some sort of inquiry into the state of the evidence indicative of insanity. This law which has led to such a result. might be effected by allowing insanity to
Nothing is more embarrassing than to be pleaded at a later period of the prosuggest even an experimental remedy in a ceedings, as in arrest of judgment; and case of difficulty arising out of the most the inquiry arising upon this plea might mysterious and complicated symptoms then be conducted without so direct and which can distract the mind of man, and especial a reference to the crime set forth one which is so closely connected with the in the indictment, and it might be brought deepest springs of human infirmity. The before a special jury better qualified to subject is tangled and abstruse, but in the enter into an investigation of so peculiar course of the administration of justice in character. this country, it is brought before a tribu- With regard to the test of insanity, or to dal which has less of legal acuteness and speak more accurately, the test of moral severity than of human sympathy. Hence responsibility, it does not appear to us that arises the discrepancy we have already the mere proof of the presence or absence pointed out between the verdict of a jury of the faculty of distinguishing right from on a question of insanity, in a civil and in wrong, is the safest that can be adopted. a criminal case.
In the former, it seems The number of persons of insane mind charitable to the subject of the inquiry to who are utterly unconscious of what is defend his liberty of action, and to give right and what is wrong, is comparatively him credit for sanity, until absolute demon- small, yet they are pot fit objects of pun. stration of his malady is produced. In the lishment, at least not of capital punishment,
TRANSLATED BY JOHN OXENFORD
when their impulses are so extravagant, and TROJAN, THE SERVIAN KING.
[Servian legends are not, I believe, commondelusions which they obey though they belly known. The following, which is a very culieve them not. On the other hand, where rious one, is taken from the introduction to a colevery circumstance in his life tends to war- lection of Polish traditions, by M. Woycicki. rant the inference that a man does habitually The poetical prose in which it is written, and exercise the control of free volition over all the dash of puerility, seem to me very effective.
- J. 0.] his ordinary actions, we should be most un
1. willing to exempt him from punishment on
“Quickly give me my horse! quickly bring the ground of a mere mental delusion, be it hither! The sun has long vanished. The cause the fear of punishment is quite as like moon and stars are already shining, and the dew ly to restrain such a man from a crime as the already glistens on the meadows. The south delusion, under which he labors, is calculat- wind blows no more, and if it does, 'tis no more ed to impel him to commit it. In a word, the heating, but cooling So quickly to horse! Ev. only test which a court of criminal justice ery momentos delay is time lost. With beating can safely allow itself to adopt, and the heart has the black-eyed virgin already long
With the speed of the hurricane only inquiry upon which it ought to enter, or of the eagle do 1 fly on my swift-footed steed, is, whether the criminal had sufficient in. because the night is so short and the day is so telligence to know that the act he has com. long, and I can only live at night-time." mitted, is punishable by law, and sufficient Thus spake Trojan, king of the valiant Servj. control over his actions not to be the mere ans, who could not endure the rays of the sun. victim of blind impulse or frenzy.
Never had be seen the light of beaming day.
The obedient squire brings the horse from the THE ISLAND OF THE EARTHQUAKE.
stable. 'Trojan Aings himself on it, and will An island lay upon the placid sea,
away. His faithful servant follows him. Calm, in its glowing beauty, as the dream
" Šo fresh and cool ! 'Tis the right time for Of a fair child, who sees in ecstasy
me !" cries Trojan, joyfully. “The stars, inSome heavenly vision on ils slumbers beain; deed, are shining, and so is the moon; yet their Where all that's beautiful in hue and form, Bright flowers, and birds whose plumage seems of dew, like white coral, covers the green meadow,
pale beams are without warmth. The pearly gems, And golden fruits, and regions ever warm
and in every drop can I see the form of the stars Wiih life and joy; and plants, whose giant stems and the face of the moon.
What a stillness preAre crown'd with blossoms like the amethyst;
vails ! Nothing disturbs my mind, scarcely And silver streams making sweet melody, when the hoarse voice of the owl sounds from As with the air they keep their gentle tryst; the dark wood."
And all things fair seem blent harmoniously. “Oh! my sovereign," replied the squire, “I Thus calm and beautiful that Island lay,
prefer the sun and the hot day, even though its And many the soft silent morn did bless,
beams do glow and give warmth, to the gloomy Who, at the fading of the star of day, Were hopeless, wretched, homeless, fatherless !
shades of night. Then am I quite blind, and One moment, and a low convulsive moan
the most lovely colors become black-the violet, Came from the heaving bosom of the earth;
the rose, and ihe scented elder-blossom. And It trembled-palm-groves, cities, towers, are gone- at night every thing slumbers the birds, the
Yon mass of ruins tell where they had birth! beasts, and man. Only to the wanderer does a A weeping mother came to seek her child, solitary light beam from the village by the road.
Now cradled in its grave; reproachfully side; only the faithful guardian of the house A beauteous boy besought, in accents wild, awakens the echo with his barking, when he The hollow earth to set his parents free
sees a wolf or something strange. As the bilAlas! his only answer was the sigh of the night-wind, the frown of the dark sky.
lows of the sea, as the waving corn-field when Yet there were some who knelt in grateful prayer incline itself on all sides. No bird interrupts the
stirred by the wind, so does the echo move and The loved beyond all other earthly prize, Heaven, in its pitying love, did genily spare;
silence of night, for the minstrel of the springStill in that Island songs of praise arise,
the lark, Aies merrily over the green meadow, Echoed by angel-voices in the skies !
when awakened by the beams of morning, and M. E. M. G. greets the shining day with the sun. At night
she sleeps, like every other creature, to refresh her strength. But we, O king, pursue our way
in the shades of night." Roman Antiquities.-Beneath an ancient cairn, on the hill of Knockie in Glentanner, has been found
III. a very interesting treasure of bronze vessels, cells, A fair mansion was shining in the distancespear-heads, bracelets, armlets, rings, and other a light glistened in every window. There did relics of remote antiquity.
the beloved of Trojan await his embrace. Tro
jan lashed his steed with increased severity, and they came up to Trojan. They looked, and Hew along with the swiftness of a dart. Quickly they saw a mantle; they raised it, and they saw does he go over the bridge of lindenwood, and a man; and then they pulled it away entirely. over the paved court. Now he springs from his Trojan shrieked, and entreated them by all that horse, and enters the well-known halls. was dear to them-“Cover me again with the
Long stood the squire, holding his horse by mantle ; let me not burn in fire!" the bridle, till sleep oppressed his eyelids. At In vain does he entreat them, for the sun is last he sprang up, and said, “The cock is al- shining brightly, and its rays fall straight upon ready crowing! "I must awake my king. Far Trojan's face. Suddenly he is silent; his eyes is the way, to the castle, and the day will soon are turned to two drops of liquid; head, neck, dawn."
and breast have flowed away, and soon the He approaches the door of the chamber, and whole body appears changed to tears. The knocks with all his strength: “ Awake, my lord! corpse of Trojan shines for a moment like dew, Awake, my king! It will soon be day. Let us but even these drops are soon dried up by the quickly mount our steeds, and return to the cas- melting beams of the day.
VI. “Disturb me not in my sleep," cried Trojan,
At sunset the faithful squire hastens into the angrily ; " I know better when the day dawns
field, with the servants of the castle; but Trowhen the signal of my death-when the sun jan is not there. He only sees the mantle, and sends down its first beams. Wait without with he wrings his hands, and weeps bitterly: Vain the horses."
are thy tears! They will not awaken the king. The obedient squire answered not a word, but or Trojan's castle nought is now left but ruwaited a long time. He gazed before him, and ins, and in his dark hall, where the sun once with horror he saw the first breaking of the never shone, it now beams brightly on the nests dawn. He again ran in hastily, and still more of the swallows, and dries the damp walls. loudly knocked at the door of the dark chamber.
" Awake, my sovereign !" cried he, in despair. "I have already seen the dawn of morning.
TO THE SPRING. If thou stayest a moment longer, the rays of the sun will kill thee."
Froun Blackwood's Magazine. “Yet wait a moment; I will at once hasten
Welcome, gentle Stripling, hence. If I can but mount my steed before the
Nature's darling, thoudawn is awake, and the clear sun shines, 1 shall With thy basket full of blossoms, be soon in my casile.”
A happy welcome now! The obedient equire waited long. At last
Aha!-and thou returnest, Trojan came; he mounted his steed, and fled
Heartily we greet theewith the speed of an arrow.
The loving and the fair one,
Merrily we meet thee!
Think'st thou of my Maiden
In ihy heart of glee? the bridge of lindenwood, when the clear light
I love her yet the Maidencame towards him from beyond the mountain.
And the Maiden yet loves me! “ That is the sun!" cried the squire, with ter
For the Maiden, many a blossom
I begg'd-and not in vain ; ror.
I came again, a-begging, “ Then the moment of my death is near !" re
And thou-thou giv'st again : plied Trojan, with suppressed rage. “I will Welcome, gentle Stripling, alight from my horse, and press my poor body
Nature's darling thouclose to the damp earth. Do thou cast thy man- With thy basket full of blossoms, tle over me, and about sunset fetch me with my
A happy welcome, now! courser.” And he sprang trembling from his horse, and sunk exhausted on the damp earth, while the faithful squire carefully spread the AERIAL NAVIGATION.—The first attempt at fly. mantle over the poor king. He then hastened ing in the air occurred early in the 16th century, to the castle, and knocked at the iron gates. when an Italian adventurer paid a visit to Scot
"Open, porters-open, quickly!" cried he, land. He was very favorably received by King trembling with alarm. Down fell the draw- James IV., who presented him with the abbacy of bridge, the squire entered the gate, and sum-Tungland; and, having promised to gratify the moned all the servants. “ Where is the king ? court with the exhibition of a plan which could enWhere is Trojan ?" they all ask; and he points in a few hours, he had an apparatus made, con.
able any person to reach the most elevated region with tears to the courser. field, on the damp earth; his body is covered sisting of huge wings, to be propelled by cords. with a mantle, and at sunset I shall fetch him Stirling Castle, and, as might be expected, speedi
Thus equipped, he leaped from the baulements of with the courser."
ly reached the ground. His reasoning on this un. lucky event is worthy of being preserved. “My
were composed of vari. It was a sultry day; not a breeze was stirring, wings," said the Italian,
ous feathers of a dunghill fowl, and they, by symand the sun scorched like fire. Trojan trem. bled beneath his mantle with heat and fear, and pathy, were attracted to the dunghill on which I
fell; whereas, had my wings been composed of he swore, that if he escaped, he would never eagle's feathers alone, as ņ proposed, the same again wait the approach of dawn.
sympathy would have attracted my machine to the The shepherds went to tend their flocks, and highest regions of the air."
BY ONE WEO HAS A GOOD MEMORY.
From Fraser's Magazine.
REMINISCENCES OF MEN AND THINGS, who knew him best often predicted that the
occupations of his future life would be simply
“Aimer, prier, et chanter !" DE LAMARTINE. When first I saw the kind-hearted and
De Lamartine had returned to Paris, but his gentlemanly De Lamartine, he had returned excited the love and the sympathy of mul
travels had preceded him. His grief had from his travels in the East, oppressed by titudes of beings in all quarters of the
. grief, and weighed down with domestic calamity. He had lost his only daughter. if not in every cottage, at least in many a
globe. His tale of wo had been told, Far, far away from the scenes of her infancy and childhood, from her father's own
dwelling of the poor, as well as of the rich; beautiful dwelling, from the trees and the and the fact that he was a royalist, and opmoss, the vineyards and the fields, she loved posed to the new order of things in France, so well; beneath another sky, and surround. was wholly lost sight of, and he was re
garded as the travelled Thane and the ed with many faces unfamiliar to her heart, Christian poet. His fine active mind had she breathed her last sigh in the arms of been subdued by the loss he had sustained her parents in the Holy Land, and her soul winged its happy flight to the heaven of her which was truly sublime; and those who
a degree of humility and submission Saviour and her God. At the Chateau de St. Point, near Macon, in the centre of are not well acquainted with the power of
a cultivated and moral nature to throw off , dearest impressions; and its solitary and its grief and to gird itself with strength romantic scenery was not forgotten by her, Lamartine could never again sing of beau.
and decision, would have imagined that De even when her light foot pressed the sward of holier and lovelier lands. “La terre na.
ty, of nature, and of love, but would be tale” was beautifully sung by her father, in come in principle a recluse. His wife, an one of his delicious " harmonies ;” and her English lady of good family, of benevolent young heart expanded under the genial in- formed and highly cultivated mind, bad
and gentle disposition, and of well-in. fluence of the kindly and noble sentiments shared with him in the East all his sorrows, which he possessed. With a passion for all that was beautiful, good, just, and wise, turned to Paris bereft of the idol of their
as well as all his enjoyments, and had re. that father had impregnated her charac heari's affection. To them the world had no ter: and she was ihe reflected image of charms. Tears and sighs, remembrancesclad himself. versed with him the regions of the East. in mourning, and grief which knew of no She had beheld his fine heart bound with mitigation, were their constant companions;
and their friends looked on them as we are joy at the pious traditions of the scenes of our salvation. She had visited the shores wont to do on objects blasted by lightning,
The sun of Malta, the coasts of Greece, the ruins
and on trees riven by the storm. of Athens, the plains and the mountains of appeared to shine in vain for them,--for she Syria, and that Palestine so dear to the heart morning now slept in her grave. True,
who loved the first golden rays of the of every Christian. But Gethsemane was doubly hallowed to his soul,—for death but they were only the remains the body
her remains had been brought to France, snatched from him the being in whose existence and happiness the dearest hopes of
without the spirit. The moon, that fairest himself and his wife were centered; so that companion of the night, disclosed in vain he sang in pathetic and mournful strains lighted to wander in sylvan scenery, or on
her charms for them ; since she who de the following deep and precious thoughts, the bare and cold mountain, with her father descriptive of the state of his mind :
as her guide and her teacher, could no long. « Maintenant tout est mort dans ma maison aride, Deux yeux toujours pleurant sont toujours de
er ask his aid, or his counsels, and no longo vant moi ;
er applaud with her smiles or her tears the Je vais sans savoir ou, j'attends sans savoir quoi, sweetest efforts of his muse. The landMes bras s'ouvrent à rien, et se ferment á vide, Tous mes jours and mes nuits sonte de même cou
scape, with its varied scenery and multileur,
plied attractions ; society, with its excite. La prière en mon sein avec l'espoir este morte,
ment and its distractions; solitude, with its Mais c'est Dieu qui t'écrase,
o mon âme soit forte, pensive thoughts and its self-examination; Baise sa main sous la douleur !"
all appeared before them monotonous and Nothing could better describe the feel- sad,---for she was no longer the admirer of ings of De Lamartine when I first saw him the landscape, the charm of society, or the than those stanzas of his own; and those companion of the lonely hour. Books had
no delights for them. Pictures, the repre. epochs most favorable to our moral, intelsentations of the past, the present and the lectual, and religious improvement. It is future, were without beauty in their eyes; undoubtedly true that some thought the statues and marbles were but dull and life grief of De Lamartine excessive, whilst the less blocks to them, since she who admired vulgar and the worldly-minded stigmatized and appreciated them ali, was now silent it as affected. But his friends only feared and cold as the marbles themselves. Pub- that its sincerity and intensity might have lic affairs they would not or could not con- such an effect on his future efforts, as to Ferse about. They had scarcely a tear to render his poetry morbid or fretful, his chaspare for others—they had so many to shed racter repining and discontented, and thus for themselves; and though dynasties had to withdraw him from those busy scenes of been changed, old institutions of the first daily life where the force of his eloquence, revolution revived, and a new state of the strength of his judgment, and the exthings both moral, political, and religious, cellence of his example, might improve and had come to life, De Lamartine and his ad- bless mankind. mirable wife were evidently unaffected by The publication of the Travels of De Lathe changes, and viewed them all as events martine in the East, was a sort of epoch in with which they had nothing to domand to French modern literature. It seemed like which they were indeed bound to remain the restoration of Christianity after years strangers. He had still in his absence been of reproach, calumny, and persecution. elected a deputy, and he hoped to perform For the Revolution of 1830 proclaimed the duties of his office, but with sorrow and" war against the priests;" and that, also, with tears.
meant war against the altar," at which How unearthly is the human mind, how they ministered. The palace of the archpure its breathings, and how bright, or bishop had been pillaged; the literature of rather, spiritual, are its soarings, when thus centuries was thrown into the waters of the brought by calamity, disappointment, and Seine as too bad to be preserved, because it the ravages which death has made on those was the literature of the church, multithe soul loves, to view this world as a mere tudes of priests had been attacked, insultsojourn, life as a rapid journey, a fitful ed, and beaten. The remnant of the old dream, and a day of sunshine and of cloud republican party of the last century now too speedy in its flight to be remembered ; hoped to wreak its vengeance on the men and when God alone seems capable of filling and the clergy of the restoration. And, in the vast desires of the soul, and the de- one word, the goddess of Reason was again mands of a care-worn, a bereaved, and an spoken of by the followers of Voltaire and empty heart! Then it is that life's che- Rousseau. But the book of De Lamartine quered day is viewed in its true coloring ; came as a voice from the tomb; like fresh that the cavils and the reproaches, the ca. waters rushing to an arid desert; like the lumnies and the misrepresentations of the overflowing of the Nile; like flowers on world, excite only pity and commiseration graves; and beauty, fertility, and verdure, -not amounting to scorn or to anger; and where rankness, poison, and death had the pursuits of life are estimated by their prevailed. Some read his book from a real, not by their imagined worth. Then it love for the wonderful, some for its poetry, is that the high destinies of our future be-others for its apparent romance, and multiing press themselves upon us in all their tudes became enamored once more with a vastness and grandeur ; and that we feel all religion, with which were connected the the truthfulness of the declaration, “So glowing recollections of the Holy Land. God created man in his own image, in the I know it will be replied that these were image of God created he him, male and fe- not the stern and strong characteristics of male created he them." This is not the pe- a truly religious state of public mind and riod of false sensibility, of affected senti- feeling, and that there was much of poetry ment, of artificial or of feigned emotion. and imagination bound up with these emoBut such moments as those I have thus re- tions. This I grant very readily ; but it ferred to in the life of De Lamartine are, was surely something to give a new direcwhen not indulged to such an extent as to tion to minds which were unoccupied with become prejudicial to our mind's vigor, good, and which were busily set on doing usefulness, and future efforts for the good evil. It was surely something to assist in of society, the great halting places in our checking the blind and mad fury of many lives; the summits from which we take a for attacking churches, for destroying the large and expansive view of the world ornaments and paintings of the cathedrals, about and around us, and they are the and for razing to the ground all that re
VOL. II. No. II. 16