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+The Project Gutenberg EBook of Blackwood's Edinburgh Magazine, Volume 56,
+Number 349, November, 1844, by Various
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844
+
+Author: Various
+
+Release Date: March 16, 2009 [EBook #28342]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK BLACKWOOD'S MAGAZINE, NOV 1844 ***
+
+
+
+
+Produced by Brendan OConnor, Jonathan Ingram, Josephine
+Paolucci and the Online Distributed Proofreading Team at
+https://www.pgdp.net. (This file was produced from images
+generously made available by The Internet Library of Early
+Journals.)
+
+
+
+
+
+
+
+
+
+BLACKWOOD'S
+
+EDINBURGH MAGAZINE.
+
+No. CCCXLIX. NOVEMBER, 1844. VOL. LVI.
+
+
+
+
+CONTENTS
+
+
+THE O'CONNELL CASE,                                          539
+
+MY COLLEGE FRIENDS. NO. 1. JOHN BROWN,                       569
+
+THE TOMBLESS MAN. BY DELTA,                                  583
+
+FRENCH SOCIALISTS,                                           588
+
+MARSTON; OR, THE MEMOIRS OF A STATESMAN. PART XIV.,          601
+
+SONNET TO CLARKSON,                                          619
+
+LETTER FROM THE RIGHT HON. CHARLES HOPE,                     620
+
+POEMS BY ELIZABETH B. BARRETT,                               621
+
+UP STREAM; OR, STEAM-BOAT REMINISCENCES,                     640
+
+WESTMINSTER HALL AND THE WORKS OF ART,                       652
+
+LINES ON THE LANDING OF HIS MAJESTY KING LOUIS PHILIPPE,     654
+
+LAMARTINE,                                                   657
+
+       *       *       *       *       *
+
+EDINBURGH: WILLIAM BLACKWOOD AND SONS, 45, GEORGE STREET; AND 22,
+PALL-MALL, LONDON.
+
+_To whom all Communications (post paid) must be addressed._
+
+SOLD BY ALL THE BOOKSELLERS IN THE UNITED KINGDOM.
+
+       *       *       *       *       *
+
+PRINTED BY BALLANTYNE AND HUGHES, EDINBURGH.
+
+
+
+
+BLACKWOOD'S EDINBURGH MAGAZINE.
+
+No. CCCXLIX NOVEMBER, 1844. VOL. LVI.
+
+
+
+
+THE O'CONNELL CASE--WAS THE JUDGMENT RIGHTLY REVERSED?
+
+
+The astounding issue of the Irish State trials will constitute a
+conspicuous and mortifying event in the history of the times. A gigantic
+conspiracy for the dismemberment of the empire was boldly encountered at
+its highest point of development by the energy of the common law of the
+land, as administered in the ordinary courts of justice. That law,
+itself certainly intricate and involved, had to deal with facts of
+almost unprecedented complication and difficulty; but after a long and
+desperate struggle, the law triumphed over every obstacle that could be
+opposed to it by tortuous and pertinacious ingenuity: the case was
+correctly charged before the jury; most clearly established in evidence,
+so as to satisfy not them only, but all mankind; the jury returned a
+just verdict of guilty against all the parties charged--the court passed
+judgment in conformity with that verdict, awarding to the offenders a
+serious but temperate measure of punishment--imprisonment, fine, and
+security for good behaviour. The sentence was instantly carried into
+effect--
+
+    "And Justice said--I'm satisfied."
+
+But, behold! a last desperate throw of the dice from the prison-house--a
+speculative and desponding appeal to the proverbial uncertainty of the
+law; and, to the unspeakable amazement and disgust of the country, an
+alleged technical slip in the conduct of the proceedings, not touching
+or even approaching, the established MERITS of the case either in fact
+or law, has been held, by the highest tribunal in the land, sufficient
+to nullify the whole which had been done, and to restore to liberty the
+dangerous delinquents, reveling in misrepresentation and falsehood
+concerning the grounds of their escape on punishment--in their delirium
+of delight and triumph, even threatening an IMPEACHMENT against the
+officers of the crown, against even the judges of the land, for the part
+they have borne in these reversed proceedings!
+
+Making all due allowance for these extravagant fooleries, it is obvious
+that the event which has given rise to them is one calculated to excite
+profound concern, and very great _curiosity_. The most sober and
+thoughtful observers are conscious of feeling lively indignation at the
+spectacle of justice defeated by a technical objection; and public
+attention has been attracted to certain topics of the very highest
+importance and delicacy, arising out of this grievous miscarriage. They
+are all involved in the discussion of the question placed at the head of
+this article; and to that discussion we propose to address ourselves in
+spirit of calmness, freedom, and candour. We have paid close attention
+to this remarkable and harassing case from first to last, and had
+sufficient opportunities of acquainting ourselves with its exact legal
+position. We deem it of great importance to enable our readers, whether
+lay or professional, to form, with moderate attention, a sound judgment
+for themselves upon questions which may possibly become the subject of
+early parliamentary discussion--Whether the recent decision of the House
+of Lords, a very bold one unquestionably, was nevertheless a correct
+one, and consequently entitling the tribunal by whom it was pronounced,
+to the continued respect and confidence of the country? This is, in
+truth, a grave question, of universal concern, of permanent interest,
+and requiring a fearless, an honest, and a careful examination.
+
+The reversal of the judgment against Mr O'Connell and his companions,
+was received throughout the kingdom with perfect amazement. No one was
+prepared for it. Up to the very last moment, even till Lord Denman had
+in his judgment decisively indicated the conclusion at which he had
+arrived on the main point in the case, we have the best reason for
+believing that there was not a single person in the House of Lords--with
+the possible exception of Lords Denman, Cottenham, and Campbell--who
+expected a reversal of the judgment. So much has the public press been
+taken by surprise, that, with the exception of a fierce controversy
+between the _Standard_, and _Morning Herald_, and the _Morning
+Chronicle_, which was conducted with great acuteness and learning, we
+are not aware of any explanation since offered by the leading organs of
+public opinion--the TIMES has preserved a total silence--as to the legal
+sufficiency or insufficiency of the grounds on which this memorable
+judgment of reversal proceeded. We shall endeavour to do so; for while
+it is on this side of the Channel perfectly notorious that the
+traversers have been proved guilty of the enormous misdemeanours with
+which they were charged--guilty in law and guilty in fact--on the other
+side of the Channel we find, since commencing this article, that the
+chief delinquent, Daniel O'Connell, has the amazing audacity, repeatedly
+and deliberately, to declare in public that he has been "ACQUITTED ON
+THE MERITS!" Without pausing to find words which would fitly
+characterize such conduct, we shall content ourselves with the following
+judicial declaration made by Lord Brougham in giving judgment in the
+House of Lords, a declaration heard and necessarily acquiesced in by
+every member of the court:--
+
+"The whole of the learned judges with one voice declare, that on the
+merits, at any rate, they have no doubt at all--that on the great merits
+and substance of the case they are unanimously agreed. That a great
+offence has been committed, and an offence known to and recognisable by
+the law; that a grave offence and crime has been perpetrated, and an
+offence and crime punishable by the admitted and undoubted law of the
+land, none of the learned judges do deny; that counts in the indictment
+to bring the offenders, the criminals, to punishment, are to be found,
+against which no possible exception, technical or substantial, can be
+urged, all are agreed; that these counts, if they stood alone, would be
+amply sufficient to support the sentence of the court below, and that
+that sentence in one which the law warrants, justifies, nay, I will even
+say commands, they all admit. _On these, the great features, the leading
+points, the substance, the very essence of the case, all the learned
+judges without exception, entertain and express one clear, unanimous,
+and unhesitating opinion._" And yet all the proceedings have been
+annulled, and the perpetrators of these great crimes and offences let
+loose again upon society! How comes this to pass? is asked with
+astonishment wherever it is heard of, both in this country--and abroad.
+
+The enquiry we propose is due with reference to the conduct and
+reputation of three great judicial classes--the judges of the Irish
+Queen's Bench: the judges of England: and the judges of the court of
+appeal in the House of Lords. Familiar as the public has been for the
+last twelve months with the Irish State Trials, the proceedings have
+been reported at such great length--in such different forms, and various
+stages--that it is probable that very few except professional readers
+have at this moment a distinct idea of the real nature of the case, as
+from time to time developed before the various tribunals through whose
+ordeal it has passed. We shall endeavour now to extricate the legal
+merits of the case from the meshes of complicated technicalities in
+which they have hitherto been involved, and give an even _elementary_
+exposition of such portions of the proceedings as must be distinctly
+understood, before attempting to form a sound opinion upon the validity
+or invalidity of the grounds upon which alone the judgment has been
+reversed.
+
+The traversers were charged with having committed the offence of
+CONSPIRACY; which, by the universally admitted common law of the land
+for considerably upwards of five hundred years, exists "_where two, or
+more than two, agree to do an illegal act_--that is, to effect something
+in itself unlawful, or to effect by unlawful means something which in
+itself may be indifferent, or even lawful."[1] Such an offence
+constitutes a _misdemeanour_; and for that misdemeanour, and that
+misdemeanour alone, the traversers were _indicted_. The government
+might, as we explained in a former Number,[2] have proceeded by an
+_ex-officio_ information at the suit of the crown, filed by the
+Attorney-General; but in this instance, waiving all the privileges
+appertaining to the kingly office, they appeared before the constituted
+tribunal of the law as the redressers of the public wrongs, invested
+however with no powers or authority beyond the simple rights enjoyed by
+the meanest of its subjects--and preferred an _indictment_: which is "a
+written accusation of one or more persons, of a crime or misdemeanour,
+preferred to and presented on oath by a grand jury."[3] Now, in framing
+an indictment, the following are the principles to be kept in view. They
+were laid down with beautiful precision and terseness by Lord
+Chief-Justice De Grey, in the case of Rex. _v._ Horne--2 Cowper's Rep.
+682.
+
+"The charge must contain such a description of the crime, that the
+_defendant_ may know what crime it is which he is called upon to answer;
+that the _jury_ may appear to be warranted in their conclusion of
+'guilty,' or 'not guilty,' upon the premises delivered to them; and that
+the _court_ may see such a definite crime, that they may apply the
+punishment which the law prescribes."
+
+There may be, and almost always are, several, sometimes many, counts in
+a single indictment; and it is of peculiar importance in the present
+case, to note the _reason_ why several counts are inserted, when the
+indictment contains a charge of only one actual offence. First, when
+there is any doubt as to which is the proper mode, in point of _law_, of
+_describing_ the offence; secondly, lest, although the offence be
+legally described on the face of the indictment, it should be one which
+the _evidence_ would not meet or support. The sole object is, in short,
+to avoid the risk of a frequent and final failure of justice on either
+of the above two grounds. Technically speaking, each of these counts is
+regarded (though all of them really are only varied descriptions of one
+and the same offence) as containing the charge of a distinct offence.[4]
+For precisely the same reason, several counts were, till recently,
+allowed in CIVIL proceedings, although there was only one cause of
+action; but this license got to be so much abused, (occasioning
+expensive prolixity,) that only one count is now permitted for one cause
+of action--a great discretion being allowed to judge, however, by
+statute, of altering the count at the trial, so as to meet the evidence
+then adduced. A similar alteration could not be allowed in criminal
+cases, lest the grand jury should have found a bill for one offence, and
+the defendant be put upon his trial for another. There appear, however,
+insuperable objections to restricting one offence to a single count, in
+respect of the other object, on peril of the perpetual defeat of
+justice. The risk is sufficiently serious in civil cases, where the
+proceedings are drawn so long beforehand, and with such ample time for
+consideration as to the proper mode of stating the case, so as to be
+sufficient in point of law. But criminal proceedings cannot possibly be
+drawn with this deliberate preparation and accurate examination into the
+real facts of the case beforehand; and if the only count
+allowed--excessively difficult as it continually is to secure perfect
+accuracy--should prove defective in point of law, the prisoner, though
+guilty, must either escape scot-free, or become the subject of
+reiterated and abortive prosecution--a gross scandal to the
+administration of justice, and grave injury to the interests of society.
+If these observations be read with attention, and borne in mind, they
+will afford great assistance in forming a clear and correct judgment on
+this remarkably interesting, and, _as regards the future administration
+of justice_, vitally important case. There is yet one other remark
+necessary to be made, and to be borne in mind by the lay reader.
+Adverting to the definition already given of a "conspiracy"--that its
+essence is the MERE AGREEMENT to do an illegal act--it will be plain,
+that where such an agreement has once been shown to have been entered
+into, it is totally immaterial whether the illegal act, or the illegal
+acts, have been _actually done or not_ in pursuance of the conspiracy.
+Where these illegal acts, however, have been done, and can be clearly
+proved, it is usual--but not necessary--to _set them out_ in the
+indictment for a conspiracy. This is called _setting out the overt
+acts_, (and was done in the present instance,) not as any part of the
+conspiracy, but only as statements of _the evidence_ by which the charge
+was to be supported--for the laudable purpose of giving the parties
+notice of the particular facts from which the crown intended to deduce
+the existence of the alleged conspiracy. They consisted, almost
+unavoidably, of a prodigious number of writings, speeches, and
+publications; and these it was which earned for the indictment the title
+of "the _Monster_ Indictment." It occupies fifty-three pages of the
+closely printed folio _appendix_ to the case on the part of the
+crown--each page containing on an average seventy-three lines, each line
+eighteen words; which would extend to _nine hundred and fifty-three
+common law folios_, each containing seventy-two words! The indictment
+itself, however, independently of its ponderous appendages, was of very
+moderate length. It contained eleven counts--and charged A CONSPIRACY of
+a five-fold nature--_i. e._ to do five different acts; and the scheme of
+these counts was this:--the first contained all the five branches of the
+conspiracy--and the subsequent counts took that first count to pieces;
+that is to say, contained the whole or separate portions of it, with
+such modifications as might appear likely to obviate doubts as to their
+_legal_ sufficiency, or meet possible or probable variations in the
+expected _evidence_. The following will be found a correct abstract of
+this important document.
+
+The indictment, as already stated, contained eleven counts, in each of
+which it was charged that the defendants, Daniel O'Connell, John
+O'Connell, Thomas Steele, Thomas Matthew Kay, Charles Gavan Duffy, John
+Gray, and Richard Barrett, the Rev. Peter James Tyrrell, and the Rev.
+Thomas Tierney, unlawfully, maliciously, and seditiously did COMBINE,
+CONSPIRE, CONFEDERATE, and AGREE with each other, and with divers other
+persons unknown, for the purposes in those counts respectively stated.
+
+The FIRST count charged the conspiracy as a conspiracy to do five
+different acts, (that is to say,)
+
+"_First._ To raise and create discontent and disaffection amongst her
+Majesty's subjects, and to excite such subjects to hatred and contempt
+of the government and constitution of the realm as by law established,
+and to unlawful and seditious opposition to the said government and
+constitution.
+
+"_Second._ To stir up jealousies, hatred, and ill-will between
+different classes of her Majesty's subjects, and especially to promote
+amongst her Majesty's subjects in Ireland, feelings of ill-will and
+hostility towards and against her Majesty's subjects in the other parts
+of the United Kingdom, especially in that part of the United Kingdom
+called England.
+
+"_Third._ To excite discontent and disaffection amongst divers of her
+Majesty's subjects serving in her Majesty's army.
+
+"_Fourth._ To cause and procure, and aid and assist in causing and
+procuring, divers subjects of her Majesty _unlawfully_, _maliciously_,
+_and seditiously_ to meet and assemble together in large numbers, at
+various times and at different places within Ireland, for the unlawful
+and seditious purpose of obtaining, by means of the intimidation to be
+thereby caused, and by means of the exhibition and demonstration of
+great physical force at such assemblies and meetings, changes and
+alterations in the government, laws, and constitution of the realm by
+law established.
+
+"_Fifth._ To bring into hatred and disrepute the courts of law
+established in Ireland for the administration of justice, and to
+diminish the confidence of her Majesty's subjects in Ireland in the
+administration of the law therein, _with the intent_ to induce her
+Majesty's subjects to withdraw the adjudication of their differences
+with, and claims upon, each other, from the cognisance of the said
+courts by law established, and to submit the same to the judgment and
+determination of other tribunals to be constituted and contrived for
+that purpose."
+
+[This count sets out as _overt acts_ of the above design, numerous
+_meetings_, _speeches_, and _publications_.]
+
+The SECOND count was the same as the first, _omitting the overt acts_.
+
+The THIRD count was the same as the second, only omitting from the
+_fourth_ charge the words "unlawfully, maliciously, and seditiously."
+
+The FOURTH count was the same as the third, omitting the charge as to
+the army.
+
+The FIFTH count contained the first and second charges set forth in the
+first count, omitting the overt acts.
+
+The SIXTH count contained the fourth charge set forth in the first
+count, omitting the words "unlawfully, maliciously, and seditiously,"
+and the overt acts.
+
+The SEVENTH count was the same as the sixth, _adding_ the words "and
+especially, by the means aforesaid, to bring about and accomplish _a
+dissolution of the legislative union_ now subsisting between Great
+Britain and Ireland."
+
+The EIGHTH count contained the fifth charge set forth in the first
+count, omitting the overt acts.
+
+The NINTH count contained the fifth charge set forth in the first count,
+omitting the intent therein charged, and the overt acts, but _adding_
+the following charge--"And to assume and _usurp the prerogatives of the
+crown_ in the establishment of courts for the administration of law."
+
+The TENTH count was the same as the eighth, omitting _the intent_ stated
+in the fifth charge in the first count.
+
+The ELEVENTH count charged the conspiracy to be, "to _cause and procure
+large numbers of persons to meet and assemble together_ in divers
+places, and at divers times, within Ireland, and by means of unlawful,
+seditious, and inflammatory speeches and addresses, to be made and
+delivered at the said several places, on the said several times,
+respectively, and also by means of the publishing, and causing and
+procuring to be published, to and amongst the subjects of her said
+majesty, divers unlawful, malicious, and seditious writings and
+compositions, _to intimidate the Lords Spiritual and Temporal, and the
+Commons_ of the Parliament of the United Kingdom of Great Britain and
+Ireland, and _thereby_ to effect and bring about changes and alterations
+in the laws and constitution of this realm, as now by law established."
+
+The indictment was laid before the grand jury on the 3d November 1843,
+and, after long deliberation, they returned a true bill late on the 8th
+of November. After a harassing series of almost all kinds of preliminary
+objections, the defendants, on the 22d November, respectively pleaded
+"that they were NOT GUILTY of the premises above laid to his charge, or
+any of them, or any part thereof:"--and on the 16th January 1844, the
+trial commenced at bar, before the full court of Queen's Bench, viz.
+the Right Honourable Edward Pennefather, _Chief-Justice_, and Burton,
+Crampton, and Perrin, _Justices_, and lasted till the 12th February.
+
+The Chief-Justice--a most able and distinguished lawyer--then closed his
+directions to the jury.
+
+"I have put the questions to you in the language of the indictment. It
+lies on the crown to establish--they have undertaken to do so--that the
+traversers, or some of them, are guilty of a conspiracy, such as I have
+already stated to you--a conspiracy consisting of five branches, any one
+of which being brought home, to your satisfaction, to the traversers or
+traverser, in the way imputed, will maintain and establish the charge
+which the crown has undertaken to prove."
+
+The jury were long engaged in discussing their verdict, and came once or
+twice into court with imperfect findings, expressing themselves as
+greatly embarrassed by the complexity and multiplicity of the issues
+submitted to them; on which Mr Justice Crampton, who remained to receive
+the verdict, delivered to them, in a specific form, the issues on which
+they were to find their verdict. They ultimately handed in very
+complicated written findings, the substantial result of which may be
+thus stated: All the defendants were found guilty on the whole of the
+last eight counts of the indictment, viz., the Fourth, Fifth, SIXTH,
+SEVENTH, Eighth, Ninth, Tenth, and Eleventh counts.
+
+Three of the defendants--Daniel O'Connell, Barrett, and Duffy--were also
+found guilty on the whole of the _Third_ count, and on part of the First
+and Second counts--[that is to say, of all the first and second counts,
+except as to causing meetings to assemble "_unlawfully, maliciously, and
+seditiously_."]
+
+Four other of the defendants--John O'Connell, Steele, Ray, and
+Gray--were also found guilty of a part of the First, Second, and Third
+counts--viz., of all, except as to causing meetings to assemble
+_unlawfully, maliciously, and seditiously_, and exciting discontent and
+disaffection in the army.[5]
+
+As soon as these findings had been delivered to the deputy-clerk of the
+crown, and read by him, a copy of them was given to the traversers, and
+the court adjourned till the ensuing term.
+
+It should here be particularly observed, that it has been from time
+immemorial the invariable course, in criminal cases, as soon as the
+verdict has been delivered, however special its form, for the proper
+officer to write on the indictment, in the presence of the court and
+jury, the word "_Guilty_," or "_Not Guilty_," as the case may be, of the
+whole or that portion of the indictment on which the jury may have
+thought fit to find their verdict; and then the judge usually proceeds
+at once to pass judgment, unless he is interrupted by the prisoner's
+counsel rising to move "_in arrest_," or stay of judgment, in
+consequence of some supposed substantial defect in the indictment. But
+observe--it was useless to take this step, unless the counsel could show
+that _the whole indictment_ was insufficient, as disclosing in no part
+of it an offence in contemplation of law. If he were satisfied that
+there was one single good count to be found in it, it would have been
+idle, at this stage of the proceedings, to make the attempt; and it very
+rarely happens that every one of the varied modes of stating the case
+which has been adopted is erroneous and insufficient. If, then, the
+motion was refused, nothing else remained but to pass the sentence,
+which was duly recorded, and properly carried into effect. No formal or
+further entry was made upon the record--matters remaining in _statu
+quo_--unless the party convicted, satisfied that he had good ground for
+doing so, and was able to afford it, determined to bring a writ of
+error. _Then_ it became necessary, in order to obey the command
+contained in the writ of error, to "make up the record"--_i. e._
+formally and in technical detail to complete its narrative of the
+proceedings, in due course of law; for which purpose the verdict would
+be entered in legal form, generally (if such it had been in fact) or
+specially, according to its legal effect, if a special verdict had been
+delivered.
+
+To return, now, to the course of proceedings in the present instance.
+
+After desperate but unsuccessful efforts had been made, in the ensuing
+term, to disturb the verdict, the last step which could be resorted to
+in order to avert the sentence, was adopted--viz., a motion in arrest of
+judgment, on the main ground that the indictment disclosed in _no part_
+of it any indictable offence. It was expressly admitted by the
+traversers' counsel, in making the motion, that if "the indictment did
+disclose, with sufficient certainty, an indictable offence in all OR ANY
+of its counts, the indictment was sufficient;" and it was then
+"contended, that _not one_ of the counts disclosed, with sufficient
+certainty, that the object of the agreement alleged in it was an
+indictable offence." The court, however, was of a different opinion; and
+the Chief-Justice, in delivering his judgment, thus expressed
+himself--"It was boldly and perseveringly urged, that there was no crime
+charged in the indictment. If there was one in any count, or in any part
+of a count, that was sufficient." So said also Mr Justice Burton--"We
+cannot arrest the judgment, if there be _any_ count on which to found
+the judgment"--the other two judges expressly concurring in that
+doctrine; and the whole court decided, moreover, that _all_ the counts
+were sufficient in point of law. They, therefore, refused the motion.
+Had it been granted--had judgment been arrested--all the proceedings
+would have been set aside; but the defendants might have been indicted
+afresh. Let us once more repeat here--what is, indeed, conspicuously
+evident from what has gone before--that at the time when this motion in
+arrest of judgment was discussed and decided in the court below, there
+was no more doubt entertained by any criminal lawyer at the bar, or on
+the bench, in Ireland or England, that if an indictment contained one
+single good count it would sustain a general judgment, though there
+might be fifty bad counts in it, than there is of doubt among
+astronomers, or any one else, whether the earth goes round the sun, or
+the sun round the earth. Had the Irish Court of Queen's Bench held the
+contrary doctrine, it would have been universally scouted for its
+imbecility and ignorance.
+
+Having been called up for _judgment_ on the 30th May, in Trinity term
+last, the defendants were respectively sentenced to fine and
+imprisonment, and to give security to keep the peace, and be of good
+behaviour for seven years; and were at once taken into custody, in
+execution of the sentence. They immediately sued out writs of error,
+_coram nobis_--(_i. e._ error _in fact_, on the ground that the
+witnesses had not been duly sworn before the grand jury, nor their names
+authenticated as required by statute.) The court thereupon formally
+affirmed its judgments. On the 14th June 1844, the defendants (who
+thereby became _plaintiffs_ in error) sued out of the "High Court of
+Parliament" writs of error, to reverse the judgments of the court below.
+On the writ of error being sued out, it became necessary, as already
+intimated, to enter the findings of the jury, according to the true and
+legal effect of such findings, upon the record, which was done
+accordingly--the judges themselves, it should be observed, having
+nothing whatever to do with that matter, which is not within their
+province, but that of the proper officer of the court, who is aided, in
+difficult cases, by the advice and assistance of counsel; and this
+having been done, the following (_inter alia_) appeared upon the face of
+the record:--The eleven counts of the indictment were set out
+_verbatim_; then the findings of the jury, (in accordance with the
+statement of them which will be found _ante_;) and then came the
+following all-important paragraph--the entry of judgment--every word of
+which is to be accurately noted:--
+
+"Whereupon _all and singular the premises being seen and fully
+understood_ by the court of our said Lady the Queen now here, it is
+considered and adjudged by the said court here, that the said Daniel
+O'Connell, FOR HIS OFFENCES AFORESAID, do pay a fine to our Sovereign
+Lady the Queen of two thousand pounds, and be imprisoned," &c., and
+"enter into recognisances to keep the peace, and to be of good behaviour
+for seven years," &c. Corresponding entries were made concerning the
+other defendants respectively.
+
+This Writ of Error, addressed to the Chief-Justice of the Queen's Bench
+in Dublin, reciting (in the usual form) that "MANIFEST ERRORS, it was
+said, had intervened, to the great damage" of the parties concerned;
+commands the Chief-Justice, "distinctly and plainly, _to send under his
+seal the record of proceedings_ and writ, to Us in our present
+Parliament, now holden at Westminster; that the record and proceedings
+aforesaid having been inspected, we may further cause to be done
+thereupon, with the consent of the Lords Spiritual and Temporal, in
+Parliament assembled, for correcting the said errors, what of right, and
+according to the law and customs of this realm, ought to be done." The
+writ of error, accompanied by a transcript of the entire record of the
+proceedings below, having been duly presented to the House of Lords,
+then came the "_assignment of errors,_" prepared by the counsel of the
+plaintiffs in error--being a statement of the grounds for imputing
+"manifest error" to the record; and which in this case were no fewer
+than thirty-four. The Attorney-General, on the part of the crown, put in
+the usual plea, or joinder in error--"_In nullo est erratum;" Anglicè_,
+that "_there is no error in the record._" This was in the nature of a
+demurrer,[6] and referred the whole record--and, be it observed,
+_nothing but_ THE RECORD--to the judgment of the House of Lords, as
+constituting the High Court of Parliament. It is a cardinal maxim, that
+upon a writ of error the court _cannot travel out of the record_; they
+can take judicial notice of nothing but what appears upon the face of
+the record, sent up to them for the purpose of being "inspected," to see
+if there be any error _therein._
+
+The judges of England were summoned _to advise_[7] the House of Lords:
+from the _Queen's Bench_, Justices Patteson, Williams, and Coleridge,
+(Lord Denman, the Chief-Justice, sitting in judgment as a peer;) from
+the _Common Pleas_, Chief-Justice Tindal, and Justices Coltman and
+Maule; from the _Exchequer_, Barons Parke, Alderson, and Gurney. Lord
+Chief-Baron Pollock did not attend, having advised the Crown in early
+stages of the case, as Attorney-General: Mr Justice Erskine was ill; and
+the remaining three common law judges, Justices Wightman, Rolfe, and
+Cresswell, were required to preside in the respective courts at _Nisi
+Prius_. With these necessary exceptions, the whole judicial force--so to
+speak--of England assisted in the deliberations of the House of Lords.
+The "_law_" peers who constantly attended, were the Lord Chancellor,
+Lords Brougham, Cottenham, and Campbell. It has been remarked as
+singular, that Lord Langdale (the Master of the Rolls) did not attend in
+his place on so important an occasion, and take his share in the
+responsibility of the decision. Possibly he considered himself not
+qualified by his _equity_ practice and experience to decide upon the
+niceties of criminal pleading. Several lay peers also attended--of whom
+some, particularly Lord Redesdale, attended regularly. The appeal lasted
+for many days, frequently from ten o'clock in the morning till a late
+hour in the evening; but the patience and attention of the peers and
+judges--we speak from personal observation--was exemplary. For the crown
+the case was argued by the English and Irish Attorney-Generals, (Sir W.
+W. Follett and Mr T. B. C. Smith;) for O'Connell and his companions, by
+Sir Thomas Wilde, Mr M. D. Hill, Mr Fitzroy Kelly, and Mr Peacock, all
+of whom evinced a degree of astuteness and learning commensurate with
+the occasion of their exertions. If ever a case was thoroughly
+discussed, it was surely this. If ever "justice to Ireland" was done at
+the expense of the "delay of justice to England," it was on this
+occasion. When the argument had closed, the Lord Chancellor proposed
+written questions, eleven in number, to the judges, who begged for time
+to answer them, which was granted. Seven out of the eleven related to
+the merest technical objections, and which were unanimously declared by
+the judges to be untenable; the law lords (except with reference to the
+sixth question, as to the overruling the challenge to the array)
+concurring in their opinions. Lord Denman here differed with the judges,
+stating that Mr Justice Coleridge also entertained doubts upon the
+subject; Lords Cottenham and Campbell shared their doubts, expressly
+stating, however, that they would not have reversed the proceedings on
+that ground. If they had concurred in reversing the judgment which
+disallowed the challenge to the array, the only effect would have been,
+to order a _venire de novo_, or a new trial. With seven of the
+questions, therefore, we have here no concern, and have infinite
+satisfaction in disencumbering the case of such vexatious trifling--for
+such we consider it--and laying before our readers the remaining four
+questions which tended to raise the SINGLE POINT on which the judgment
+was reversed; a point, be it observed, which was not, as it could not in
+the nature of things have been, made in the court below--arising out of
+proceedings which took place after the court below, having discharged
+their duty, had become _functi officio_. Those questions were,
+respectively, the first, second, third, and last, (the eleventh,) and as
+follow:--
+
+_Question I._--"Are all, or any, and if any, which of the _counts of the
+indictment, bad in law_--so that, if such count or counts stood alone in
+the indictment, _no judgment_ against the defendants could properly be
+entered upon them?"
+
+_Question II._--"Is there any, and if any, what defect in the _findings
+of the jury_ upon the trial of the said indictment, or in the _entering_
+of such findings?"
+
+_Question III._--"Is there any sufficient ground for _reversing the
+judgment_, by reason of any defect in the indictment, or of the
+findings, or entering of the findings, of the jury, upon the said
+indictment?"
+
+_Question XI._--"In an indictment consisting of counts A, B, C, when the
+verdict is, _guilty of all generally_, and the counts A and B are good,
+and the count C is bad; the judgment being, that the defendant, '_for
+his offences aforesaid_,' be fined and imprisoned; which judgment would
+be sufficient in point of law, if confined expressly to counts A and
+B--can such judgment be reversed on a writ of error? Will it make any
+difference whether the punishment be discretionary, as above suggested,
+or a punishment fixed by law?"
+
+The above questions may be stated shortly and substantially thus:--Are
+there any _defective counts_ in the indictment? Any defective _findings_
+of the jury? Any defects in _entering_ the findings? Can judgment be
+reversed on any of these grounds? If one only of several counts in an
+indictment be bad; a verdict given of "guilty" generally; judgment
+awarded against the defendant "for _his offences_ aforesaid," and the
+punishment discretionary--can judgment be reversed on a writ of error?
+The whole matter may now, in fact, be reduced to this single question:
+Can a judgment inflicting fine or imprisonment be reversed by a court of
+error, because that judgment proceeded on an indictment containing both
+_bad and good_ counts, and in respect of which _some_ of the findings of
+the jury were either defective or defectively entered?--Let us now
+listen to the decision of that venerable body of men, who are, in the
+language of our great commentator, "_the depositaries of the laws, the
+living oracles, who must decide in all cases of doubt, and who are bound
+by an oath to decide according to the law of the land._"[8] The
+questions which they had thus to consider, moreover, were not questions
+of rare, subtle, unusual, and speculative, but of an ordinary practical
+character, such as they were concerned with every day of their lives in
+administering the criminal law of the country.
+
+First, then, were there any bad counts in the indictment?
+
+The judges were unanimously of opinion that TWO of the counts were bad,
+or insufficient in law--and two only--which were the SIXTH and SEVENTH
+counts. They hold positively and explicitly, that the remaining NINE
+COUNTS WERE PERFECTLY VALID.
+
+The Chief-Justice (Tindal) thus delivered this unanimous opinion of
+himself and his brethren on this point.[9]
+
+"No serious objection appears to have been made by counsel for the
+prisoners, against the sufficiency of any of the counts prior to the
+sixth. Indeed, there can be no question that the charges contained in
+the FIRST FIVE COUNTS, _do amount in each to the legal offence of
+conspiracy, and are sufficiently described therein_.
+
+"We all concur in opinion as to the EIGHTH, NINTH, and TENTH counts, (no
+doubt whatever having been raised as to the sufficiency of the ELEVENTH
+count,) that the object and purpose of the agreement entered into by the
+defendants and others, as disclosed upon those counts, is an agreement
+for the performance of an act, and the attainment of an object, which is
+a violation of the law of the land."
+
+With reference to the SIXTH and SEVENTH counts, in the form in which
+they stand upon their record, the judges were unanimously of opinion,
+that these counts "did not state the illegal purpose and design of the
+agreement entered into between the defendants, with such proper and
+sufficient _certainty_ as to lead to the _necessary_ conclusion that it
+was an agreement to do an act in violation of the law." They did not
+show what sort of fear was intended by the alleged intimidation, nor
+upon whom it was intended to operate, nor was it alleged that the
+"physical force exhibited" was to be _used_, or _intended_ to be used.
+
+Observed, therefore, on what grounds these two counts--two only out of
+eleven--are held defective: they are deficient in that rigorous
+"_certainty_" now held requisite to constitute a perfectly legal charge
+of crime. To the eye of plain common sense--we submit, with the deepest
+deference, to those who have held otherwise--they distinctly disclose a
+_corpus delicti_; but when stretched upon the agonizing rack of legal
+logic to which they were exposed, it seems that they gave way. The
+degree of "certainty" here insisted upon, would seem to savour a little
+(possibly) of that _nimia subtilitas quĉ in jure reprobatur; et talis
+certitudo certitudinem confundit_: and which, in the shape of "certainty
+to a certain intent in every particular," is rejected in law, according
+to Lord Coke, (5 _Rep._ 121.) It undoubtedly tends to impose inevitable
+difficulty upon the administration of criminal justice. Sir Matthew Hale
+complained strongly of this "strictness, which has grown to be a blemish
+and inconvenience in the law, and the administration thereof; for that
+more offenders escape by the over-easy ear given to exceptions in
+indictments, than by their own innocence."--12 Hal. P. C. 193; 4 Bla.
+Co. 376. The words, in the present case, are pregnant with irresistible
+"inference" of guilt; an additional word or two, which to us appear
+already implicitly there, as they are actually in the eleventh count,
+would have dispersed every possible film of doubt; and Lord Brougham, in
+giving judgment, appeared to be of this opinion. But now for the general
+result: The indictment contained two imperfect counts, and nine perfect
+counts, distinctly disclosing offences not very far short of treason.
+
+Thus, then, the first question was answered.
+
+To the _second_ question the judges replied unanimously, "that the
+_findings of the jury_ in the first four counts were not authorized by
+the law, and are incorrectly entered on the record." One of the judges,
+however, and a most eminent judge, (Mr Justice Patteson,) being of a
+contrary opinion.
+
+Thus we have it unanimously decided by the judges, whose decision was
+acquiesced in by the House of Lords, that there were two bad counts,
+(the 6th and 7th,) on which there were good findings by the jury, and,
+with the exception of Mr Justice Patteson, four good counts, (the 1st,
+2d, 3d, and 4th,) on which there were bad findings. The effect of this
+twofold error was thus tersely stated by Mr Baron Gurney, and adopted by
+the Lord Chancellor.[10]
+
+"I cannot distinguish between a bad finding on a good count, and a good
+finding on a bad count. They appear to me to amount to precisely the
+same thing--namely, that upon which no judgment can be pronounced. The
+judgment must be taken to have proceeded upon _the concurrence of good
+counts and good findings_, and upon nothing else."
+
+Here, then, at length, it seems that we have hit upon a _blot_--a petty,
+circumscribed blot to be sure, upon a vast surface of otherwise
+unsullied legal sufficiency; but still--in the opinion of the judges--a
+blot.
+
+What was to be held the effect of it? Or had it _any_ effect?
+
+The traversers' counsel, at the bar of the House of Lords, took by
+surprise every one whom they addressed--all their opponents, all the
+judges, all the law lords, and all the legal profession, as soon as they
+had heard of it--by boldly affirming, that if this blot really existed,
+it would invalidate and utterly nullify the whole proceedings from the
+beginning to the end! They hammered away at this point accordingly, hour
+after hour--day after day--with desperate pertinacity; being compelled
+from time to time, during their hopeful argument, to admit, that up to
+that moment the rule or custom which they were seeking to impeach had
+been universally acted upon from time immemorial, to the contrary of
+that for which they were contending. This strange and novel point of
+theirs gave rise to the third and eleventh questions put to the judges.
+These questions are substantially identical, viz., whether a single bad
+count in an indictment on which there has been a general verdict of
+guilty, with judgment accordingly, will entitle the fortunate defendant
+to a reversal of that judgment?
+
+We heard a considerable portion of the argument; and listened to _this_
+part of it with a comfortable consciousness that we beheld, in each
+counsel arguing it, as it were, a viper gnawing a file! If _this_ be
+law, thought we, then have many thousands of injured gentlemen been, in
+all human probability, unjustly hanged, and transported for life or for
+years, been fined, imprisoned, sent to the tread-mill, and publicly
+whipped; for Heaven only knows how many of the counts in the indictments
+against--say Mr Fauntleroy; Messrs Thistlewood, Brunt, Tidd, and Ings;
+Messrs Greenacre, Courvoisier, and many others--have been defective in
+law! How many hundreds are now luxuriating in Norfolk Island who have,
+on this supposition, no just right to be there; and who, had they been
+but _popular_ miscreants, might have collected sufficient funds from
+their friends and admirers to enable them to prove this--to try a fall
+with justice and show her weakness; to overhaul the proceedings against
+them, detect the latent flaws therein, return in triumph to the bosom of
+their families and friends, and exhibit new and greater feats of
+dexterity in their art and mystery! Why should not that "_innocent_"
+convict--now passing over the seas--Mr Barber, on hearing of this
+decision, soon after his arrival at the distant paradise to which he is
+bound, take new heart and remit instructions by the next homeward bound
+ship for a writ of error, in order that he may have _his_ chance of
+detecting a flaw in one of the many counts of _his_ indictment?
+
+But, to be serious again, how stands the case in the present instance?
+Of eleven counts, six must be in legal contemplation expunged from the
+record: FOUR, (the first, second, third, and fourth,) because, though in
+themselves sufficient in law, the findings upon them were technically
+defective; and TWO, (the sixth and seventh,) because they were
+technically defective in point of law, though the findings on them were
+unobjectionable.
+
+Then there remain FIVE PERFECT COUNTS WITH FIVE PERFECT FINDINGS, in the
+opinion of all the judges and of all the law lords; those five _counts_
+containing the gist of the whole charge against O'Connell and his
+confederates--those five _findings_ establishing that the defendants
+were guilty of the offences so laid to their charge. Blot out, then,
+altogether from the record the six counts objectionable on the
+above-mentioned grounds, how are the other five to be got rid of? Thus,
+said the traversers' counsel. We have the entire record before us
+containing all the eleven counts and findings, both good and bad; and we
+find by the language of the record itself, that the judges, in passing
+sentence, _took into consideration all the eleven counts_, as if they
+had been valid counts with valid findings--for the judges expressly
+inflicted punishment on each of the traversers "_for his_ OFFENCES
+_aforesaid_." Is it not therefore plain to demonstration, that the
+measure of punishment was governed by reference to six--_i. e._ a
+majority--of eleven counts, which six counts had no more right to stand
+on the record, entailing liability to punishment on the parties named in
+them, than six of the odes of Horace? The punishment here, moreover,
+being discretionary, and consequently dependent upon, and influenced by,
+the ingredients of guilt, which it appears conclusively that the judges
+took into their consideration?
+
+Such was the general drift of the reasonings of the traversers' counsel.
+What was their effect upon the assembled judges--those experienced and
+authoritative expositors of the law of the land? Why, after nearly two
+months' time taken to consider and ponder over the various points which
+had been started--after anxious consideration and communication one with
+another--they re-appeared in the House of Lords on the 2d of September;
+and, led by one who will be on all hands admitted to be one of the most
+experienced, gifted, profoundly learned, and perfectly impartial and
+independent lawyers that ever presided over a court of justice--Sir
+Nicholas Tindal--SEVEN out of _nine_ of the judges expressed a clear
+unhesitating opinion, that the third and eleventh questions should be
+answered in the negative--viz. that the judgment was in no way
+invalidated--could be in no way impeached, by reason of the defective
+counts and findings. The two dissenting judges who had been _hit_ by the
+arguments of the traversers' counsel, were Baron Parke and Mr Justice
+Coltman--the latter speaking in a confident, the former in a remarkably
+hesitating and doubting tone. The majority consisted of Chief-Justice
+Sir Nicholas Tindal, Mr Justice Patteson, Mr Justice Maule, Mr Justice
+Williams, Mr Baron Gurney, Mr Baron Alderson, and Mr Justice Coleridge.
+
+We have no hesitation in expressing our opinion, that the judgments
+delivered by this majority of the judges stand on the immovable basis of
+sound logic, accurate law, and good sense; and lament that our space
+will not allow us to present our readers with the many striking and
+conclusive reasonings and illustrations with which those judgments
+abound. We can but glance at the _result_--leaving the _process_ to be
+examined at leisure by those so disposed. The artful fallacies of the
+traversers' counsel will be found utterly demolished. The first grand
+conclusion of the judges was thus expressed by the Chief-Justice--
+
+"I conceive it to be the law, that in the case of an indictment, if
+there be ONE GOOD COUNT in an indictment upon which the defendants have
+been declared guilty by proper findings on the record, and a judgment
+given for the crown, imposing a sentence authorized by law to be awarded
+in respect of the particular offence, that such judgment cannot be
+reversed by a writ of error, by reason of one or more of the counts in
+the indictment being bad in point of law."
+
+The main argument of the traversers' counsel was thus disposed of--
+
+"It was urged at your lordships' bar, that all the instances which have
+been brought forward in support of the proposition, that one good count
+will support a general judgment upon an indictment in which there are
+also bad counts, are cases in which there was a motion in _arrest of
+judgment_, not cases where a _writ of error_ has been brought. This may
+be true; for so far as can be ascertained, there is no single instance
+in which a writ of error has been ever brought to reverse a judgment
+upon an indictment, upon this ground of objection. But the very
+circumstance of the refusal by the court to arrest the judgment, where
+such arrest has been prayed on the ground of some defective count
+appearing on the record, and the assigning by the court as the reason
+for such refusal, that there was one good count upon which the judgment
+might be entered up, affords the strongest argument, that they thought
+the judgment, _when entered up_, was irreversible upon a writ of error.
+For such answer could not otherwise have been given; it could have had
+no other effect than to mislead the prosecutor, if the court were
+sensible at the time, that the judgment, when entered up, might
+afterwards be reversed by a court of error."
+
+The grand argument derived from _the language of the judgment_, was thus
+encountered:--
+
+"I interpret the words, 'that the defendant _for his offences_
+aforesaid, be fined and imprisoned,' in their plain literal sense, to
+mean _such offences as are set out in the counts of the indictment which
+are free from objection, and of which the defendant is shown by proper
+findings on the record to have been guilty_--that is in effect the
+offences contained in the fifth and eighth, and all the subsequent
+counts. And I see no objection to the word offences, in the plural,
+being used, whether the several counts last enumerated do intend several
+and distinct offences, or only one offence described in different
+manners in those counts. For whilst the record remains in that shape,
+and unreversed, there can be no objection in point of law, that they
+should be called 'offences' as they appear on the record."
+
+Now, however, let us see the view taken of the matter by Mr Baron
+Parke--a man undoubtedly of acute and powerful mind, as well as accurate
+and extensive learning. It is impossible not to be struck by the tone of
+diffidence which pervades his judgment; and it was _delivered_ in a very
+subdued manner, not usual with that learned judge; occasioned doubtless
+by the pain with which he found himself, on an occasion of such
+transcendent importance, differing from all his brethren but one. He
+commenced by acknowledging the astonishment with which he had heard
+counsel at the bar question the proposition _which he_ (Baron Parke)
+_had always considered_, ever since he had been in the profession,
+_perfectly settled and well established_, viz. that in criminal cases
+one good count, though associated with many bad ones, would,
+nevertheless, suffice to support a general judgment. But "he had been
+induced to _doubt_ whether the rule had not been carried too far, by a
+misunderstanding of the _dicta_ of judges on applications _in arrest of
+judgment_."
+
+To enable the lay reader to appreciate the novel doctrine which has been
+sanctioned in the present case, it is requisite to understand clearly
+the distinction to which we have already briefly adverted, between a
+motion in _arrest of judgment_ and a _writ of error_. When a defendant
+has been found guilty of an offence by the verdict of a jury, judgment
+must follow as a matter of course, "_judgment_ being the sentence of the
+law pronounced by the court upon the matter contained in the
+record."[11] If, however, the defendant can satisfy the court that the
+indictment is entirely defective, he will succeed in "_arresting,_" or
+staying the passing of judgment; but if he cannot, the court will
+proceed to _give judgment_. That judgment having been entered on the
+record, the defendant, if still persuaded that the indictment is
+defective, and consequently the judgment given on it erroneous, has one
+more chance; viz. to _reverse_ the judgment which has been so given, by
+bringing a writ of error before an appellate tribunal. Now, the exact
+proposition for which the traversers' counsel contended was this--that
+the rule that "one good count will sustain a general judgment, though
+there are also bad counts in the indictment," is applicable to that
+stage only of the proceedings at which a motion is made in arrest of
+judgment; _i. e. before the judgment has been actually given_, and not
+to the stage at which a writ of error has been obtained, viz. _after the
+judgment has been actually given_.
+
+This proposition was adopted by Mr Justice Coltman; while Mr Baron
+Parke--for reasons substantially identical with those of Lords Denman,
+Cottenham, and Campbell--declared himself unable to overthrow it.
+
+As to the "opinion that one good count, properly found, will support a
+judgment warranted by it, whatever bad counts there may be," Mr Baron
+Parke said,--"I doubt whether this received opinion is so sufficiently
+established by a course of usage and practical recognition, though
+generally entertained, as to compel its adoption in the present case,
+and prevent me considering its propriety. After much anxious
+consideration, and weighing the difficulties of reconciling such a
+doctrine with principle, I feel so much doubt, that I cannot bring
+myself to concur with the majority of the judges upon this question."
+
+Without for one moment presuming to suggest any invidious comparison, we
+may observe, that whatever may be the learning and ability of the two
+dissenting judges, the majority, with Sir Nicholas Tindal at their head,
+contains some of the most powerful, well-disciplined, long-experienced,
+and learned intellects that ever were devoted to the administration of
+justice, and all of them thoroughly familiar with the law and practice
+in criminal proceedings; and as we have already suggested, no competent
+reader can peruse their judgments without feeling admiration of the
+logical power evinced by them. While Mr Baron Parke "_doubts_" as to the
+soundness of his conclusions, they all express a clear and _decisive_
+opinion as to the existence of the rule or custom in question as a rule
+of law, and as to its reasonableness, utility, and justice.
+
+The reading of these judgments occupied from ten o'clock on the Monday
+morning till three o'clock in the afternoon, when the House adjourned
+till Wednesday; having first ordered the opinions of the judges to be
+printed. There were a considerable number of peers (among whom was the
+Duke of Cambridge) present, and they listened attentively to those whom
+they had summoned to advise them on so great an occasion. Lords
+Brougham, Denman, Cottenham, and Campbell sat near one another on the
+opposition side of the House, each with writing-tables before him; and
+they, together with the Lord Chancellor, appeared to pay close attention
+to what fell from the judges. The House of Lords on these great
+occasions presents a very interesting and impressive appearance. The
+Chancellor sits robed in his usual place, surrounded by the judges, who
+are seated on the woolsacks in the centre of the house, all in their
+full official costume, each rising to read his written judgment. If ever
+man made a magnificent personal appearance among his fellows, it is Lord
+Lyndhurst thus surrounded. At the bar of the house stood, or sat, the
+majority of the counsel engaged on each side, as well as others; and the
+whole space behind was crowded by anxious spectators, conspicuous among
+whom were Messrs Mahoney and Ford, (two tall, stout, shrewd-looking
+men,) the Irish attorneys engaged on behalf of the traversers. They and
+their counsel appeared a trifle less desponding at the conclusion of
+Baron Parke's judgment; but the impression was universal that the
+Chancellor would advise the House to affirm the judgment, in accordance
+with the opinions of so overwhelming a majority of the judges. No one,
+however, could do more than guess the inclination of the law lords, or
+what impression had been made upon them by the opinions of the judges.
+When therefore Wednesday, the day of final judgment upon this memorable
+and agitating case, had arrived, it is difficult to describe the
+excitement and anxiety manifest among all the parties who densely
+crowded the space between the door and the bar of the House. There were,
+of course, none of the judges present, with the exception of Mr Baron
+Rolfe, who, in plain clothes, sat on the steps of the throne, a mere
+private spectator. There were about a dozen peers on the ministerial
+benches, including Lord Wharncliffe, Lord Redesdale, Lord Stradbroke,
+and others; and several peers (including Lord Clanricarde) sat on the
+opposite benches. Lords Cottenham and Campbell sat together, frequently
+in communication with each other, and occasionally with Lord Denman, who
+sat near them, at the cross-benches, busily engaged in referring to
+books and papers. Lord Brougham occupied his usual place, a little
+nearer the bar of the House than Lords Cottenham and Campbell; and on
+the writing-desks of all three lay their written judgments. All the
+law-peers wore a serious and thoughtful expression of countenance--which
+you scrutinized with eager anxiety in vain for any sign of the sort of
+judgments which they had come prepared to deliver. The traversers'
+leading counsel, Sir Thomas Wilde and Mr Hill, both stood at the bar of
+the House in a state of very perceptible suspense and anxiety. The
+Attorney-General for Ireland sat in his usual place--almost motionless,
+as usual, from first to last--very calm, and watching the proceedings
+with deep attention, seldom uttering more than a passing syllable to
+those who sat next to him, _i. e._ the English Solicitor-General, and Mr
+Waddington, and Mr Maule of the Treasury. After judgment had been
+briefly given in Gray's case, a few moments' interval of silence
+elapsed--the silence of suppressed anxiety and expectation. At length
+the Lord Chancellor, who had been sitting with a very thoughtful air for
+a few moments, slowly rose from the woolsack, and advanced to his proper
+post when addressing the House, viz. at about a couple of yards'
+distance to the left of the woolsack. Finding that his robes, or train,
+had in some way got inconveniently disarranged, so as to interfere with
+the freedom of his motions, he occupied several seconds in very calmly
+putting it to rights; and then his tall commanding figure stood before
+you, in all that tranquil grace and dignity of appearance and gesture,
+for which he has ever been so remarkably distinguished. During the whole
+time--exactly an hour--that he was speaking, his voice clear and
+harmonious as usual, and his attitude and gesture characterized by a
+graceful and easy energy, he never once slipped, or even hesitated for
+want of an apt expression; but, on the contrary, invariably hit upon
+_the very_ expression which was the most accurate, appropriate, and
+elegant, for conveying his meaning. He spoke with an air of unusual
+decision, and entirely _extempore_, without the assistance of a single
+memorandum, or note, or law-book: yet the greater portion of his speech
+consisted of very masterly comments on a great number of cases which had
+been cited, in doing which he was as familiar and exactly accurate, in
+stating not only the principles and distinctions involved, but the
+minutest circumstances connected with them, as if the cases had been
+lying open before him! His very first sentence put an end to all doubt
+as to the conclusion at which _he_ had arrived. These were his precise
+words--the last of them uttered with peculiar emphasis:--"My lords, I
+have to move your lordships that the judgment of the court below in this
+case be _affirmed_." He proceeded to compliment the judges on the
+patient and laborious attention and research which they had bestowed
+upon the case. "My lords," said he, "with respect to all the points
+submitted to their consideration, with the exception of one
+question--for in substance it _was_ one question--their opinion and
+judgment have been unanimous. With reference to that one question, seven
+of the learned judges, with the Chief-Justice of the Common Pleas at
+their head, have expressed a distinct, a clear, and decided opinion
+against the objections which were urged. Two other learned judges have
+expressed an adverse opinion. I may be permitted to say--and all who
+were present to hear them must agree with me--that it was an opinion
+accompanied with much doubt and much hesitation. I think, under these
+circumstances, that _unless your lordships are thoroughly and entirely
+satisfied that the opinion of the great majority of the judges was
+founded in palpable error_, your lordships will feel yourselves, in a
+case of this kind, bound by their decision to adhere to and support
+their judgment, and act in conformity with it." After briefly stating
+the only question before them--viz. "whether, there being defective
+counts in the indictment, and other counts with defective findings on
+them, a general judgment can be sustained?"--he proceeded, "Your
+lordships will observe that this is a mere technical question, though, I
+admit, of great importance--never presented to the judges of the court
+below, not calling in question their judgment in substance--but arising
+entirely out of the manner in which that judgment has been entered up,
+by those whose province it was to discharge that particular duty." He
+then made the following decisive and authoritative declaration, which
+all who know the accurate and profound learning and the vast judicial
+experience of the Chancellor will know how to value. "Allow me, my
+lords, to say, that _it has always been considered as a clear, distinct,
+and undoubted principle of the criminal law of England, that in a case
+of this nature a general judgment is sufficient_; and from the first
+moment when I entered the profession, down to the time when I heard the
+question agitated at your lordships' bar, I never heard it called in
+question. I have found it uniformly and constantly acted upon, without
+doubt, without hesitation. I find it in all treatises, in all
+text-writers on the subject--not questioned, not doubted, not qualified,
+but stated broadly and clearly. Now for the first time it has been
+stated--and Mr Baron Parke himself admits that it _is_ for the first
+time--that that rule applies only to motions in arrest of judgment. I
+never before heard of such a limitation. I am quite sure that there is
+no case to sanction it, no decision to warrant it, no authority to be
+cited in support of it. I am quite satisfied, after all I have heard on
+the subject, that there is no ground whatever for the doubt--no ground
+whatever for the exception now insisted upon. * * * It is not NECESSARY
+that the judgment should be awarded _with reference to any particular
+count_. No such decision can be cited. No one not in the confidence of
+the judges can tell in respect of what the judgment was awarded, _except
+with reference to the record itself_. If there be defective counts, does
+it by any means FOLLOW that the judges, in awarding judgment, appointed
+any part of it with reference to the defective counts? There is no
+similarity between the two cases: you cannot reason or argue from one to
+the other. You must assume, UNLESS THE CONTRARY IS DISTINCTLY SHOWN,
+that what the judges have done in that respect is right; that the
+judgment, if there be any part of the record to support it, proceeded
+upon that part. In writs of error, you are not allowed to _conjecture_,
+to decide on _probabilities_, you must look to the record; and unless
+the record itself, on the face of it, shows, not that there _may_ have
+been, but that there HAS been manifest error in the apportioning of the
+punishment, you cannot reverse the judgment. You upon conjecture reverse
+the judgment; and if afterwards you were to consult the very judge by
+whom it had been pronounced, you might find that he had at the time
+taken that very point into consideration. You are therefore running the
+hazard of reversing a judgment on the very grounds which were present to
+the mind of the judge at the moment when that judgment was pronounced."
+As to the statement, that judgment was awarded against each defendant
+"FOR HIS OFFENCES aforesaid,"--thus argued the Chancellor:--
+
+"But independently of this, my lords, let us look at the record itself,
+and see whether, on the face of the record, there is any ground whatever
+for this objection. Every record must be construed according to _its
+legal effect_--according to its legal operation. You cannot travel out
+of the record. Now, what is the judgment? Why, 'that the court adjudges
+the defendant, _for his offences aforesaid_, to be fined and
+imprisoned.' What is an 'OFFENCE' on this record? There are two counts
+defective: but why? Because they charged, according to the unanimous
+opinion of the judges, NO offence. There were _facts_ stated, but not so
+stated as to constitute an indictable offence. When you consider this
+record, then, according to its language and legal interpretation, can
+you say that when there is an award of judgment for the offences on the
+record, that judgment applies to those counts which bear on the face of
+them no offence whatever? That is, my lords, an incongruity, an
+inconsistency, which your lordships will never sanction for one moment.
+The argument which applies to defective counts, applies to valid counts
+on which erroneous findings are entered up. When judgment is given for
+an 'offence' on the record, it is given on the offence of which the
+defendant is properly found guilty; and he is _not_ found guilty on
+those counts on which the erroneous findings are entered up. My lords,
+the conclusion to which I come on the record is, that when the judgment
+is awarded 'for the offences aforesaid', it must be confined to those
+offences stated on the record which are offences in the eye of the law,
+and of which the defendant has been found guilty by the law--namely,
+those offences on which the finding was properly made. It is not,
+however, necessary to rest upon that: but if it were, I am of opinion,
+and I state it to your lordships, that in this case, the record,
+considered according to the proper and legal acceptation and force of
+the terms--and that is the only way in which a local record can be
+properly considered--must be taken as containing an award of judgment
+for those offences only which are properly laid, and of which the
+parties have been found guilty. On the face, therefore, of the record
+itself, there is no defect whatever in this case."
+
+His lordship, after a luminous commentary on a great number of
+authorities, thus proceeded--"Now, my lords, it is said that there is
+_no express decision_ upon the subject. Why, if a case be so clear, so
+free from doubt, that no man, no attorney, barrister, or judge, ever
+entertained any scruple concerning it--if the rule have been uniformly
+acted upon and constantly recognised, is it to be said, that because
+there is no express decision it is not to be considered _law_? Why, that
+argument leads to this conclusion--that the more clear a question is,
+the more free from doubt, the more uncertain it must be! _My lords, what
+constitutes the law of this country? It is--usage, practice,
+recognition._ For many established opinions, part of the acknowledged
+law of the land, you will look in vain for any express decision. I
+repeat, that practice, usage, recognition, are considered as precedents
+establishing the law: these are the foundations on which the common law
+of the country rests; and it is admitted in this case, that the usage is
+all against the principle now contended for by the plaintiffs in error.
+No case, no authority of any kind, can be adduced in its favour: it is
+now admittedly, for the first time, urged in this extraordinary case.
+And I ask, my lords, if you will not recognise the decision of the great
+majority of the judges on a question of this kind, involving the
+technicalities of the law, with which they are constantly conversant?
+When, on such a point, you find them--speaking by the eminent and able
+Chief-Justice of the Common Pleas--pronouncing a clear and distinct
+opinion, it must be a case clear from all doubt--a conviction amounting
+to actual certainty, upon which alone you would be justified in
+rejecting such authorities. * * * It is on these grounds, and on the
+authorities which I have cited, that I assert the universal recognition
+of the principle which I contend has been acknowledged law from time
+immemorial."
+
+Such was the emphatic, clear, unwavering judgment, deliberately
+pronounced, after long examination and consideration, by one of the very
+greatest intellects ever brought to bear upon the science of the law,
+and of vast judicial experience in the administration of every
+department of the law--criminal law, common law, and equity.
+
+Lord Brougham then rose, and delivered partly a written, partly an oral
+judgment--characterized by his lordship's usual vigour and felicity of
+reasoning and illustration. He entirely concurred with the Lord
+Chancellor, and assigned reasons, which certainly appeared of
+irresistible cogency, for adopting the opinion of the judges, whom, in a
+matter peculiarly within their province, their lordships had summoned to
+their assistance, who had bestowed such unexampled pains upon the
+subject, and were all but unanimous. The following was a very striking
+way of putting the case:--"If the doubts which have been thrown upon
+this judgment be allowed to have any weight in them, it goes the length
+of declaring, that _every thing which has been decided in similar cases_
+was mere error and delusion. Nothing can be more dangerous than such an
+impression. I cannot conceive any thing more appalling than that it
+should be held, that every one of the cases similarly decided ought to
+be reversed; that the judgments without number under which parties have
+been sent for execution _are all erroneous judgments, and ought to have
+been reversed_, and _must_ have been reversed, if they had been brought
+before the last resort!"
+
+Lord Denman then rose; and though it was generally understood--as proved
+to be the fact--that he intended to express a strong opinion against the
+disallowance of the challenge to the array, we believe that no one
+expected him to dissent upon the great and only point on which the
+appeal turned, from the opinions of the great majority of his brother
+judges, and from the Chancellor and Lord Brougham. We waited with great
+interest to see the course which Lord Denman would take upon the great
+question. He is a man of strong natural talents, of a lofty bearing in
+the administration of justice, and an uncompromising determination on
+all occasions to assert the rights and protect the privileges of the
+subject. Nor, though a man of unquestionably very strong Whig opinions,
+are we aware of his having ever allowed them to interfere with his
+eminent and most responsible judicial duties. Whatever may be our
+opinion as to the validity of his conclusions on the subject of the
+challenge to the array, it was impossible not to be interested by the
+zealous energy, the manly eloquence, with which he vindicated the right
+of the subject to the fullest enjoyment of trial by jury, and denounced
+what he considered to be any, the slightest interference, with that
+right. At length his lordship closed his observations on that subject,
+and amidst breathless silence, fell foul, not only of the two counts
+which had been admitted to be defective--the sixth and seventh--but
+"_many others of the counts!_" which, he said, were open to objection,
+and declared that the judgment could not be sustained.
+
+Lord Denman's judgment (to which great respect is due) was, as far as
+relates to _the point_ of the case, to this effect:--He had an
+"unconquerable repugnance" to assuming that the judges had passed
+sentence on the good counts only; for it was in direct contradiction to
+_the notorious fact_, that the judges had pronounced certain counts to
+be good; and it was also against the _common probability_ of every case.
+He admitted the general opinion of the profession to have long been,
+that a general judgment, if supported by one sufficient good count, was
+not injured by a bad one associated with it. "I know," said his
+lordship,[12] "what course I should have taken if pressed to give
+judgment at the trial, and had given it. If nothing had taken place
+respecting the validity of any part of the indictment--but much more if
+its validity had been disputed, but established--I should leave
+apportioned the sentence to the degree of criminality that was stated in
+all the counts which were proved in evidence."--"I see no inconvenience
+in compelling a judge to form an opinion on the validity of the counts,
+before he proceeds to pass judgment. He ought to take care that a count
+is good before he allows a verdict to be taken, or at least judgment to
+be entered upon it; and great good will arise from that practice. I am
+deliberately of opinion that this is a right and wholesome practice,
+producing no inconvenience, and affording a great security for justice.
+* * * In criminal cases, all difficulty may be entirely avoided by the
+court passing a separate judgment on each count, and saying, 'We adjudge
+that on this count, on which the prisoner is found guilty, he ought to
+suffer so much; that on the second count, having been found guilty, he
+ought to suffer so much; whether the count turn out to be good or not,
+we shall pronounce no opinion; that question would be reserved for a
+superior court. A court of error would then reverse the judgment only on
+such counts as could not be supported in law--leaving that to stand
+which had proceeded on valid charges."--"Where a felony was established,
+requiring a capital punishment, or transportation for life, the number
+of counts could make no difference; because the punishment pronounced on
+any one exhausted the whole materials of punishment, and admitted of no
+addition."--"The current notion, that one count alone could support any
+sentence applicable to the offences stated in the whole indictment, can
+be accounted for only by Lord Mansfield's general words, needlessly and
+inconsiderately uttered, hastily adopted, and applied to a stage of the
+proceedings in which they are not correct in law."
+
+Then came Lord Cottenham--a cold, clear-headed lawyer, cautious, close,
+and accurate in his reasonings, and very tenacious in adhering to his
+conclusions: possessing the advantage of several years' judicial
+experience--as an equity judge. Thus he addressed himself to _the point_
+of the case:--
+
+"_Is there error upon the record?_"
+
+* * * Did not the court below pass sentence upon the offences charged in
+the _first_, _second_, _third_, _fourth_, _sixth_, and _seventh_ counts
+in the indictment, as well as upon the offences charged in the other
+counts? The record of that court tells us that it _did_; and if we are
+to see whether there be any error on that record, and adopt the
+unanimous opinion of the judges, that those six counts, or the findings
+on them, are so bad that no judgment upon them would be good, how can we
+give judgment for the defendant, and thereby declare that there is _no
+error_ in the record? The answer which has been given to this objection
+appears not only unsatisfactory, but inadmissible. It is said that we
+must presume that the court below gave judgment, and passed sentence,
+only with reference to the unobjectionable counts and findings. That
+would be to presume that which the record negatives. By that record the
+court tells us that the sentence on each defendant was 'for his offences
+aforesaid,' after enumerating all those charged in the indictment. Are
+we, after and in spite of this, to assume that this statement is false,
+and that the sentence was upon one-half only of the offences charged? *
+* * We can look to the record only for what passed in the court below;
+and as that tells us the sentence was passed _upon all the offences of
+which the jury had found the defendants guilty_, we cannot presume to
+the contrary of such a statement. It would be the presumption of a fact,
+the contrary of which was known to all to be the truth. The argument
+supposes the court below to have been right in all particulars; but the
+impossibility of doing so on this record was felt so strongly, that
+another argument was resorted to, (not very consistently with the
+judgment, for it assumes that the jury may have been wrong upon every
+count but one,) namely, that a court of error has to see only that there
+is _some one offence properly charged_, or a punishment applicable to it
+inflicted; and then, that being so, that as to all the other counts the
+court below was wrong--all such other counts or findings being bad.
+
+"Consider what is the proposition contended for. Every count in an
+indictment for misdemeanour is supposed to apply to a different offence:
+they often do so, and always may; a prosecutor having the option of
+preparing a separate indictment for each, or of joining all as one. If
+he adopt the former course, he must, to support the sentence, show each
+indictment to be right. If he adopt the latter course--viz. going upon
+one indictment containing several counts, and one sentence is pronounced
+upon all the counts, according to the proposition now contended for;
+suppose the sentences to be bad on all the counts _but one_, that one
+applying to the most insignificant offence of the whole; a court of
+error, it is said, has no right to interfere! That is to say, it cannot
+correct error except such error be _universal_;--no matter how important
+that error, no matter how insignificant the portion which is right, nor
+what may have been the effect of such error! The proposition will no
+longer be 'in _nullo_ est erratum,' but that the error is
+not--_universal_. If neither of these arguments prove that there is
+manifest error upon the record, and it is not for a court of error to
+enter into any consideration of the effect which such error may have
+produced, it has no power to alter the verdict, and can form no opinion
+of its propriety and justice from mere inspection of the record, which
+is all the judicial knowledge a court of error has of the case. _Upon
+what ground_ is it to be assumed, in any case, that the court below, if
+aware of the legal insufficiency of any of the counts, or of the
+findings upon them, would have awarded the same punishment? It _could_,
+probably, do so in many cases--but in many it as certainly would not. If
+the several counts were only different modes of stating the same
+offence, the insufficiency of some of those counts could not affect the
+sentence; but if the different counts stated--as they well
+might--actually different misdemeanours, and, after a verdict of guilty
+_upon all_, it were found that some of _such_ counts--that is, that some
+of the misdemeanours--charged, must be withdrawn from the consideration
+of the court, by reason of defects in either the counts themselves or
+the findings upon them, it cannot, in many cases, be supposed that the
+sentence could be the same as if the court had the duty thrown upon it
+of punishing _all the offences charged_. This may be well illustrated by
+supposing an indictment for two libels in different counts--the first of
+a slight, the other of an aggravated character--and verdict and judgment
+upon both; and the count charging the malignant libel, or the finding on
+it, held to be bad. Is the defendant to suffer the same punishment as if
+he had been properly found guilty of the malignant libel?" The reason
+why the rule in civil actions does not apply to _motions in arrest of
+judgment_ in criminal cases, is plainly this:--because the court,
+_having the sentence in its own hands_, will give judgment 'on the part
+which is indictable'--and the failure of part of the charge will go only
+to lessening the punishment. These reasons, however, have plainly no
+application to _writs of error_; because _a court of error_ CANNOT, _of
+course, confine the judgment to those parts which are indictable, or
+lessen it, as the different charges are found to fail_."
+
+"The only inconvenience," added his lordship, "which can arise from the
+rule we are laying down, will be, that the prosecutor must be careful as
+to the counts on which he means to rely: _the evidence at the trial_
+must afford him the means of making the selection--and the defendant has
+now the means of compelling him to do so."
+
+Such was, in substance, Lord Cottenham's judgment. He read it in his
+usual quiet, homely, matter-of-fact manner, as if he were not at all
+aware of, or cared not for, the immense importance and public interest
+attaching to the publication of the conclusion at which he had arrived.
+
+Then rose Lord Campbell. In a business-like and satisfactory manner he
+went briefly over all the points which had been made by the plaintiffs
+in error, disposing of them all in favour of the crown, (expressing,
+however, doubts on the subject of the challenge to the array,) till he
+came to THE POINT--which he thus approached:--"I now come, however, to
+considerations which induce me, _without hesitation_, humbly to advise
+your lordships to reverse this judgment." He was brief but pithy in
+assigning his reasons.
+
+"According to the doctrine contended for on the part of the crown," said
+his lordship, adopting two cases which had been put by, we believe, Mr
+Peacock in his argument, "the following case may well happen. There may
+be an indictment containing two counts, A and B, for separate offences;
+A being a good count, B a bad one. The court below may think A bad and B
+good; and proceed to sentence the defendant to a heavy punishment merely
+in respect of B, which, though it may contain in reality not an offence
+in point of law, they may consider to contain one, and of signal
+turpitude. On a writ of error, the court above clearly sees that B is a
+bad count; but cannot reverse the judgment, because there stands count A
+in the indictment--and which, therefore, (though for a common assault
+only,) will support the heavy fine and imprisonment _imposed in respect
+of count B_! Let me suppose another case. An indictment contains two
+counts: there is a demurrer[13] to each count: each demurrer is
+overruled, and a general judgment given that the defendant, 'for his
+offences aforesaid,' shall be fined and imprisoned. Is it to be said,
+that if he bring a writ of error, and prove one count to be bad, he
+shall have no relief unless he shows the other to be bad also?"
+
+He concluded a brief commentary (substantially identical with that of
+Lord Cottenham) on the authorities cited, by affirming that "there was
+neither text-book, decision, nor _dicta_ to support a doctrine so
+entirely contrary to principle."
+
+This is how his lordship thinks the like mischief may be obviated in
+future:--
+
+"If bad counts are inadvertently introduced, the mischief may be
+_easily_ obviated by taking a verdict of acquittal upon them--by
+entering a _nolle prosequi_ to them, or by seeing that the judgment is
+expressly stated to be on the good counts only, which alone could
+prevent the bad counts from invalidating the judgment upon a writ of
+error."
+
+As to the notion that the judges were uninfluenced in passing sentence
+by the first three counts, on which there were numerous findings, he
+observed, that--"We cannot resort to the _palpably incredible fiction_
+that the judges, in violation of their duty, did not consider the guilt
+of the parties aggravated by the charges in these three counts, and
+proportionally increase their punishment."
+
+After an unsuccessful attempt on the part of one or two lay peers who
+had not heard the whole argument, to vote--which was resisted by both
+the Lord Chancellor and Lord Wharncliffe, and Lords Brougham and
+Campbell--the Lord Chancellor finally put the question:--
+
+"Is it your lordships' pleasure that this judgment be reversed?--As many
+as are of that opinion, will say '_Content_.' As many as are of a
+contrary opinion, will say '_Not Content_.'"
+
+"_Content!_" exclaimed Lords Denman, Cottenham, and Campbell.
+
+"_Not Content!_" said the Lord Chancellor and Lord Brougham.
+
+_Lord Chancellor._ "The _Contents_ have it. The judgment is Reversed."
+
+The instant after these pregnant words had been uttered, there was a
+rush of persons, in a state of the highest excitement and exultation,
+towards the door; but the lords calmly proceeded to give judgment in a
+number of ordinary appeal cases. The Attorney-General for Ireland, who
+had been watching the whole of the day's proceedings with close
+attention, heard the result with perfect composure; but as several
+portions of the judgments of Lords Denman, Cottenham, and Campbell were
+being delivered, a slight sarcastic smile flitted over his features. As
+we have mentioned him, let us take this opportunity of bearing testimony
+to the very great ability--ability of the highest order--with which he
+has discharged _his_ portion of the duty of conducting these
+proceedings, unprecedented in their harassing complexity and their
+overwhelming magnitude. He has manifested throughout--'bating a little
+irritability and strictness in petty details at starting--a
+self-possession; a resolute determination; a capability of coping with
+unexpected difficulty; a familiarity with constitutional law; a mastery
+over the details of legal proceedings; in short, a degree of forensic
+ability, which has been fully appreciated by the English bar, and
+reflects credit upon those who placed him in his arduous and responsible
+office. In terms of similar commendation we would speak of the Irish
+Solicitor-General, (Mr Sergeant Green.) Accustomed as we are to witness
+the most eminent displays of forensic ability, we feel no hesitation in
+expressing our opinion, that the Solicitor-General's reply at the trial,
+and the Attorney-General's reply on the motion for a new trial, were as
+masterly performances as have come under our notice for very many years.
+
+We have thus laid before our readers, with the utmost candour and care,
+this truly remarkable case; and at a length which, though considerable,
+is by no means incommensurate with its permanent interest and
+importance. We believe that we have, in the foregoing pages, furnished
+all persons, of average intellect and information, with the means of
+forming for themselves a sound opinion as to the propriety or
+impropriety of reversing the judgment of the court below. We have given
+the arguments on both sides with rigid impartiality, and supplied such
+information, in going along, as will enable the lay reader thoroughly to
+understand them. This is a question which all thinking persons must
+needs regard with profound interest and anxiety. If, in the deliberate
+opinion of the country, the judgments of the High Court of Parliament
+are habitually, though unconsciously, warped by party and political
+feelings and prejudices; if, with such views and intentions, they have
+strained and perverted the law of the land, wickedly sheltering
+themselves under the unfortunate difference of opinion existing among
+the judges, those who have been guilty of it will justly stand exposed
+to universal execration. It is no light matter even to propose such a
+possibility as that of profligacy or corruption in the administration of
+justice; above all, in the highest tribunal in the land--the place of
+last resort for the subject. It is always with pain and regret that we
+hear, even in the height of political excitement and hostility, the
+faintest imputation from any quarter on judicial integrity. We have
+watched this case from first to last; and especially examined over and
+over again, in a spirit of fearless freedom, the grounds assigned for
+reversing the judgment, and the position and character of those by whose
+_fiat_ that result was effected. We cannot bring ourselves to believe
+any thing so dreadful as that three judicial noblemen have deliberately
+violated their oaths, and perpetrated so enormous an offence as that of
+knowingly deciding contrary to law. Those who publicly express that
+opinion, incur a very grave responsibility. We are ourselves zealous,
+but independent supporters of the present government; we applaud their
+institution of these proceedings; no one can lament more bitterly than
+we do, that O'Connell should, like many a criminal before him, have
+escaped from justice through a flaw in the indictment; yet with all
+this, we feel perfectly satisfied that the three peers who reversed the
+judgment against him, believed that they were right in point of law.
+When we find so high an authority as Mr Baron Parke--as far as politics
+are concerned, a strong Conservative--declaring that he cannot possibly
+bring himself to concur in opinion with his brethren; that another
+judge--Mr Justice Coltman--after anxious deliberation, also dissents
+from his brethren; and when we give each of these judges credit for
+being able to appreciate the immense importance of _unanimity_ upon such
+a case as the present, had it been practicable--can it seem really
+unreasonable or surprising, that a corresponding difference of opinion
+should exist among the peers, whose judicial duty it was to decide
+finally between the judges? It _is_, certainly, a matter calculated to
+attract a _moment's_ attention, that the judgment should have been
+reversed by the votes of three peers who concur in political opinion,
+and opposition to the government who instituted the prosecution. But in
+fairness, put another possible case. Suppose Lord Abinger had been
+alive, and had concurred with the Chancellor and Lord Brougham, would
+not another class of ardent partisans as naturally have remarked
+bitterly upon the coincidence of opinion between the peers whose three
+voices concurred in supporting the judgment of the court below?
+
+While we thus entirely exonerate Lords Denman, Cottenham, and Campbell
+from all imputation of intentionally giving effect to party and
+political bias, it is difficult to suppose them, or any other peer,
+entirely free from _unconscious_ political bias; but in the nature of
+things, is it not next to impossible that it should be otherwise, in the
+case of men who combine in their own persons the legislative and
+judicial character, and in the former capacity are unavoidably and
+habitually subject to party influences? When a Judicial question is
+under consideration, of such extreme doubtfulness as almost to justify a
+vote either way, (we must deal with men and things as we find them,) can
+it excite great surprise, if even in the most honourable minds a
+political bias should _unconsciously_ evince its presence, and just
+turn the scale?
+
+But here the case has turned upon one single point of the purest
+technicality, which the House of Lords has deemed sufficient to cause a
+reversal of the judgment of the court below; and the question is, have
+they done rightly? Are they right or wrong in point of strict law? In
+the language of Mr Justice Williams--the objection raised in behalf of
+the traversers "is purely of a technical nature, and to be examined in
+the same spirit of minute and exact criticism in which it was
+conceived."[14]
+
+The dry question, then, is this: Is it a rule, a principle, a custom, of
+English law, that one good count will sustain a general judgment upon a
+writ of error in a criminal case, although there should be also bad
+counts in the indictment? Is that a "custom or maxim of our law," or is
+it not? First, then, how is this to be ascertained? The illustrious
+commentator on the laws of England, Mr Justice Blackstone,[15] shall
+answer:--
+
+"Established _customs_, _rules_, and _maxims_, I take to be one and the
+same thing. For the authenticity of these maxims _rests entirely upon
+reception and usage_; and the only method of proving that this or that
+maxim is a rule of the common law, _is by showing that it hath been
+always the custom to observe it_. But here a very natural and very
+material question arises: how are these customs or maxims to be known;
+and by whom is their validity to be determined? The answer is, by the
+judges in the several courts of justice. They are the depositaries of
+the laws--_the living oracles, who must decide in all cases of doubt_,
+and are bound by an oath to decide according to the law of the land."
+
+These judges were appealed to by the House of Lords upon the present
+occasion; and by an overwhelming majority "distinctly, clearly, and
+decidedly" declared that the rule in question was a rule of the English
+law. _They had heard all the arguments calling its existence in
+question_ which Lord Denman, Lord Cottenham, and Lord Campbell had
+heard; they were _in the daily and hourly administration of that branch
+of the law with reference to which the question arose_; they took ample
+time to consider the matter, and deliberately affirmed the existence of
+the rule, and the valid grounds on which it rested. The highest legal
+authority in the land, the Lord Chancellor, corroborated their decision,
+declaring that it "has always been considered as a clear, distinct, and
+undoubted principle of the criminal law, that one good count could
+sustain a general judgment on a writ of error." Are Lord Lyndhurst and
+Sir Nicholas Tindal, with eight of the judges, palpably and manifestly
+wrong? It is certainly _possible_, though not, we presume, very
+probable.
+
+We fully recognise the _right_ of the judicial peers to examine the
+validity of the reasons assigned by the judges, and to come to a
+conclusion opposite to theirs. We apprehend that the long recognition,
+alone, of the existence of a rule, does not prevent its being impeached
+on sufficient reasons. Lord Tenterden, as cautious and accurate judge as
+ever presided over a court of justice, thus expressed himself in
+delivering the judgment of the court on a question of mercantile
+law[16]--"It is of great importance, in almost every case, that a rule
+once laid down, and firmly established, and continued to be acted upon
+for many years, should not be changed, _unless it appears clearly to
+have been founded on wrong principles_." Have, then, Lords Denman,
+Cottenham, and Campbell, succeeded in showing the rule in question to
+have been founded on wrong principles?
+
+After as close and fair an examination of the judgments given in the
+House of Lords as we are capable of bestowing upon any subject, we have
+arrived at the conclusion that the Chancellor and judges were plainly
+right, and the peers who differed from them as plainly wrong. They
+doubtless believed that they were eradicating an erroneous and
+mischievous practice from the administration of criminal law; but we
+entertain grave fears that they have not duly considered the many
+important reasons and necessities out of which that practice
+originated, and which, in our opinion, will require the legislature
+either to restore it, or devise some other expedient in lieu of it--if
+one so efficacious _can_ be found--after a very brief experience of the
+practical mischiefs and inconveniences which the decision of the House
+of Lords will entail upon the administration of criminal justice.
+
+Mr Justice Coltman observes,[17] that "in old times an indictment
+contained one single count only;" and that, "now it has become usual to
+insert _many_ counts." It _has_ become usual--it should rather be said
+_necessary_; but why? Because of the rigid precision which the law, in
+spite of the subtle and complicated character of its modern mode of
+administration, has long thought fit to require for the protection of
+the subject, in the statement of an offence charged against an
+individual. Unless that degree of _generality_ in framing criminal
+charges, which has been so severely reprobated, in the present instance,
+by Lord Denman, and which led the judges unanimously to condemn the
+sixth and seventh counts, shall be henceforth permitted, justice _must_,
+so to speak, be allowed to have many strings to her bow; otherwise the
+very great distinctness and particularity which constitute the legal
+notion of _certainty_, are only a trap and a snare for her. There is a
+twofold necessity for allowing the reasonable multiplication of counts:
+one, to meet the difficulty often arising out of the adjustment of the
+statement in the charge to the evidence which is to support it; and the
+other, to obviate the great difficulty, in many cases, of framing the
+charge with perfect legal certainty and precision. Look for a striking
+illustration at the sixth and seventh counts of this very indictment.
+Few practical lawyers, we venture to think, would have pronounced them
+insufficient, before hearing those numerous astute and able arguments
+which have led the judges to that conclusion; and what if these had been
+the _only_ counts, or one of them the sole count? Of course, justice
+would have been defeated. Now the rule, custom, or practice--call it
+what you will--which has been annulled by the House of Lords, was
+admirably adapted to meet, in combination with the allowance of several
+counts, the practical and perhaps inevitable difficulties which beset
+the attempt to bring criminals to justice; to prevent any injurious
+consequences from either _defective_ or _unproved_ counts; and we think
+we may truly state, that no single instance as adduced during the
+argument, of actual mischief or injury occasioned to defendants by the
+operation of this rule--we believe we may safely defy any one now to
+produce such a case. It is certainly possible for an anxious straining
+ingenuity to _imagine_ such cases; and where is the rule of law, which,
+in the infirmity of human institutions, cannot be shown capable of
+occasioning _possible_ mischief and injustice?
+
+One important distinction has not, we venture to think, been kept
+constantly in view by the House of Lords in arriving at their recent
+decision; we mean, the distinction between _defective_ counts and
+_unproved_ counts. It was principally in the former case that the
+annulled rule operated so advantageously for the interests of justice.
+Let us suppose a case. A man is charged with an offence; and the
+indictment contains three counts, which we will call A, B, C--each
+differently describing the same offence. He is proved in court to have
+actually done an act to which the law annexes a punishment, and a
+general verdict and judgment, awarding the correct _kind_ of punishment,
+are given and entered. If it afterwards became necessary to "make up"
+the record--_i. e._ to enter the proceedings in due and full form--it
+might appear that count A was essentially defective, as containing no
+"offence" at all. But what did that signify--or what would it have
+signified if count B had also been bad--provided count C was a good one,
+and warranted the punishment which had been inflicted? The only
+consequence was, that the indictment was a little longer than it turns
+out that it needed to have been. Though several hooks had been used in
+order to give an additional chance of catching the fish, that was not
+regretted, when, the fish having been caught, it turned out that two out
+of the three had not been strong enough; and that, had they alone been
+used, the fish must have escaped.
+
+Let us see how the new rule laid down by the House of Lords will operate
+in future, in such a case as the one above supposed; bearing in mind
+that it will have to be acted upon, not merely by the judges of the
+superior courts at the assizes, but by the chairmen--the _lay_
+chairmen--of the courts of Quarter-Sessions. Let us imagine the
+indictment to be a long one, and each count necessarily complicated in
+its allegations and refinements, to meet very doubtful facts, or very
+doubtful language in an Act of Parliament. A great number of prisoners
+are to be tried; but, nevertheless, the judge (lay or professional) has
+mastered the formidable record, and points out to the jury two bad
+counts, A and B, as either not hitting the facts of the case or the
+language of the act--possibly neither. He orders them to be quashed, or
+directs a verdict of not guilty upon them. He then has the verdict and
+judgment entered accordingly on count C, (the count which he considers
+good.) The record is afterwards made up; a writ of error brought; the
+only count on which the judgment is given being C, the court of error
+_decides that it is bad_, reverses the judgment, and the prisoner is
+discharged; or the country is put to the expense and trouble of
+bringing, and the prisoner unjustly harrassed by, fresh proceedings,
+which may, perhaps, end as disastrously as before!
+
+To escape from these serious difficulties, it is proposed by Lord
+Denman,[18] to leave the legal sufficiency of the counts for discussion
+before a court of error, and to pass, not one sentence, but three
+distinct sentences on each count respectively, apportioning to the
+offence thereby apparently charged, the degree of punishment due to the
+guilt disclosed. Keeping his eye on the alarming possibility of a
+reversal of judgment, what difficulties will not beset the path of the
+judge while engaged on this very critical duty? And why may not the
+indictment, for _necessary_ caution's sake, contain, as there often are,
+ten, fifteen, or twenty counts? we shall then have ten or fifteen
+distinct sentences delivered in open court--engrossed on the record--and
+dangling at once around the neck of the astounded and bewildered
+prisoner. Is _such_ a method of procedure calculated to secure respect
+for the administration of justice, even if, by means of such devices,
+the ends of justice should be ultimately secured, though it is easy to
+imagine cases in which such devices would, after all, fail; and we had
+framed several illustrations of such possibilities, but our limits
+forbid their insertion: instances illustrating the mischievous operation
+of the rule, equally in cases of defective and unproved counts--of
+felonies and misdemeanours--and in the latter case, whether the
+indictment contained several offences, or only varied statements of one
+offence. In the case first put, what a temptation the new rule holds out
+to criminals who may be able to afford to bring a writ of error, and so
+seriously embarrass the administration of justice! And if too poor to do
+it, he will, under the operation of the new rule, be suffering
+punishment unjustly; for the only count selected may be bad, or some one
+only of several may be bad, and the judgment ought to be reversed. What
+was the operation of the old rule? Most salutary and decorous. No public
+account was taken of the innocuous aims, so to speak, taken by justice,
+in order to hit her victim. If he fell, the public saw that it was in
+consequence of a blow struck by her, and concerned themselves not with
+several previous abortive blows. The prisoner, knowing himself _proved_
+actually guilty, _and the numerous chances existing against him on the
+record_, if he chose to make pettifogging experiments upon its technical
+sufficiency, submitted to his just fate.
+
+Let us take one more case--that of _murder_: we fear, that on even such
+solemn and awful occasions, the new rule will be found to operate most
+disadvantageously. There are necessarily several, possibly many,
+counts. Mr Baron Parke[19] admits, that here the old rule should apply;
+viz. a general judgment of death, which shall not be vitiated by one, or
+several bad counts, if there be a single good one. The new rule since
+laid down, says, however, the contrary; that judgment must be reversed
+for a single bad count. Lord Denman, to meet this difficulty, would pass
+sentence "upon some one"[20] of them, and thereby exhaust the materials
+of punishment, and so in effect give a "judgment for one felony." _But
+how is the record to be dealt with?_ If the prisoner choose to bring a
+writ of error, and show a single bad count, must not the judgment be
+reversed if entered generally? And if entered on one count with not
+guilty on all the others; and that one count proved bad, while even _a
+single one_ of the rejected counts is good, and would have been
+supported by the evidence given at the trial, the prisoner can plead
+_autrefois acquit_ to a fresh indictment, and so get off scot-free,
+after having been incontestably proved guilty of the act of murder!
+Suppose then, to avoid so fearful a result, separate sentences of death
+be passed, to say nothing of the unseemliness of the transaction in open
+court, which _might_ be avoided: but how can it be avoided _on the
+record_, upon which it must be entered? Mr Baron Parke pronounces that
+such a procedure would be "_superfluous, and savour of absurdity_,"[21]
+and that therefore, "in such a case, the general judgment _might_ be
+good!" Thus, in order to _work_ the new rule, Mr Baron Parke is forced
+to make the case of murder a double exception--viz. to the _adoption_ of
+the new rule at the trial, and then to the _operation_ of the new rule
+before the court of error, which must then hold that a single bad, or a
+dozen bad counts, will _not_ vitiate a general judgment, if sustained by
+one good count! Does not all this suffice to show the desperate shifts
+to which even two such distinguished judges are driven, in order to
+support the new rule, and conceal its impracticability? Then why should
+the old lamp be exchanged for the new?
+
+We entertain, we repeat, very grave apprehension that the House of Lords
+has treated far too cavalierly the authority of the great Lord
+Mansfield, than whom a more enlightened, learned, and cautious a judge
+probably never administered justice among mankind. He was not a man
+accustomed, in delivering his judgments, to "utter things _needlessly_
+and _inconsiderately_," as he is now charged with doing;[22] and when he
+declared the established rule of criminal law to be that which has now
+been so suddenly abrogated, he spoke with the authority which nearly
+thirty years' judicial experience attaches to the opinion of a
+responsible master-mind. We ask with deep anxiety, what will be the
+consequences of thus lightly esteeming such authority?--of impugning the
+stability of the legal fabric, by asserting one-half of its materials to
+consist merely of "law taken for granted?"[23]--and, consequently, not
+the product of experience and wisdom, and to be got rid of with
+comparative indifference, in spite of the deliberate and solemn judgment
+of an overwhelming majority of the existing judicial authorities of the
+land.
+
+The rule just abrogated has, for a long series of years--for a century
+and a half--obviated a thousand difficulties and evils, even if it
+should be admitted that the end was gained at the expense of some
+imperfections in a speculative and theoretical point of view, and with
+the risk of _possibly_ inflicting injustice in some case, which could be
+imagined by an ingenious and fertile fancy. The old rule gave ten
+chances to one in favour of justice; the new one gives ten chances to
+one _against_ her. We may be mistaken, but we cannot help imagining,
+that if Lord Cottenham, unquestionably so able as an equity judge, had,
+on the maxim _cuique suâ arte credendum_, given a little more weight to
+the opinions of those whose whole lives had been passed, not in equity,
+but criminal courts, or had seen for himself the working of the
+criminal law, he would have paused before disturbing such
+complicated--necessarily complicated--machinery, and would not have
+spoken of the consequences as being so very slight and unimportant--nay,
+as so very beneficial.
+
+It was suggested by the three peers, that the old rule had no better
+foundation than the indolence, slovenliness, and negligence of
+practitioners, whom the salutary stringency of the new rule would
+stimulate into superior energy and activity. We cannot help regarding
+this notion, however--for the preceding, among many other reasons--as
+quite unfounded, and perhaps arising out of a hasty glance at the
+alterations recently introduced into _civil_ pleadings and practice. But
+observe, it required _an act of Parliament_ to effect these alterations,
+(stat. 3 and 4 Will. IV. c. 42,) the very first section reciting the
+"_doubts which might arise as to the power of the judges to make such
+alterations without the authority of Parliament_;" and yet the state of
+the laws calling for such potent interference was in an incomparably
+more defective and mischievous state than is imputed to the present
+criminal law. Then, again, any practical man will see in a moment, that
+the strictness of the new system of civil pleading, which to this moment
+occasions not infrequently a grievous failure of justice, with all the
+ample opportunities afforded for deliberate examination and preparation
+of the pleadings, cannot be safely applied to criminal law for many
+reasons, principally because it rarely admits of that previous
+deliberation in drawing the indictment, which must be based upon the
+often inaccurate statement of facts supplied by the depositions; and
+because a defect in them is, generally speaking, irremediable and fatal,
+and crime goes unpunished. If the new rule is to be really acted upon in
+future, we must, in some way or other, alter the whole machinery of the
+criminal law: but how to do so, without seriously interfering with the
+liberty of the subject, we know not.
+
+We affirm, therefore, that the old rule--viz. that one good count would
+support a general verdict and judgment, though the indictment contained
+bad ones also--was a beneficial rule, calculated to obviate _inevitable_
+difficulties; and its policy was so transparent to all the great
+intellects which have, both as judges or counsel, been for so long a
+series of years concerned in criminal cases, that no one ever thought of
+questioning it. The supposition of the three peers is one not very
+flattering to the distinguished predecessors, with the great Lord
+Mansfield at their head--all of whom it charges with gross negligence,
+ignorance, and, in plain words, stupidity--in overlooking, from time to
+time, a point so patent and glaring. The Lord Chancellor's answer to
+their argument is triumphant; and we refer the reader to it.[24] We
+respectfully and firmly enter our protest against Lord Denman's mode of
+getting rid of the efficacy of a custom or practice which has been so
+long observed by the profession; and regard it as one calculated to sap
+the foundations of the common law of the land. An opinion, a practice
+which has stood its ground for so long a series of years _unchallenged_,
+amidst incessant provocation to challenge it--and that, too, in the case
+of men of such vigilant astuteness, learning, and determination as have
+long characterized the English Bench and Bar--rest upon as solid grounds
+as are conceivable, and warrants it subversion only after profound
+consideration, and _repeated evidence of its mischievous operation_. Was
+any such evidence offered in the argument at the Bar of the House of
+Lords, of persons who had suffered either a kind or a degree of
+punishment not warranted by law? None: but several cases were put in
+which--in spite of past experience to the contrary--inconvenience and
+injustice _might possibly_ be conceived to occur hereafter!
+
+What, then, led to this error--for error we must call it? Let us
+candidly express our opinion that the three peers were fairly
+"_overpowered_"--to adopt the frank acknowledgment of one of the most
+distinguished among them--by the plausible fallacies urged upon them,
+with such unprecedented pertinacity and ingenuity, by the traversers'
+counsel. They have been influenced by certain disturbing forces, against
+which they ought to have been vigilantly on their guard, and which we
+shall now venture to specify, as having occasioned their _forgetfulness
+of the true province of a court of error_--of the functions and duties
+of the members of such a court. A COURT OF ERROR occupies a high, but
+necessarily a very limited, sphere of action. Their observations and
+movements are restricted to the examination of a single document, viz.
+the record, which they are to scrutinize, as closely as possible,
+without regard to any of the incidents which may have attended the
+progress of the events narrated in it, if these incidents do not appear
+upon record: and they must be guided by general principles--not such as
+might properly regulate a certain special and particular case, but such
+as would guide them in all cases. And this is signified by the usual
+phrase, that they "must not travel out of the record." Now, we defy any
+one to read the judgments of the three peers, without detecting the
+undue influence which one extrinsic and utterly inadmissible fact has
+had upon their minds; viz. the fact, that the court below had actually
+_affirmed_ the validity of the two bad counts. They speak of its being
+"_against notorious facts_"--against "_common probabilities_," a
+"palpably incredible fiction"--to conclude from the language of the
+record, that the "offences" there mentioned did not include the pseudo
+offences contained in the sixth and seventh counts. In this particular
+case, it _did_ undoubtedly happen, in point of fact, that the court
+below decided these counts to be valid counts: but the court of error
+can take no cognisance whatever of extrinsic facts. _Their_ only source
+of information--_their_ only means of knowledge, is _the record_--beyond
+the four corners of which they have no power, no authority, to cast a
+single glance; and within which are contained all the materials upon
+which, by law, the judges of a court of error can adjudicate and decide.
+The Court, in the present case, ought thus to have contemplated the
+record in the abstract--and with reference to the _balance of
+possibilities_ in such cases, that the court below had affirmed, or
+condemned the vicious counts: which very balance of possibilities shows
+the impropriety of being influenced by speculations based on matters
+_dehors_ the record. However numerous and mischievous may have been the
+errors committed by the inferior court, _a court of error_ can take no
+cognisance of them, if they do not appear specifically and positively
+upon the record, however valid may be the claim which these errors may
+notoriously prefer _to the interference of the executive_. Consider what
+a very serious thing it is--what a shock to the public confidence in the
+administration of justice--to reverse a judgment pronounced after due
+deliberation, and under the gravest responsibilities, by a court of
+justice! The law and constitution are properly very tender in the
+exercise of such a perilous power, and have limited it to the case of
+"MANIFEST" error--that is, not the vehement, the immense _probability_
+that there has been error--but the CERTAINTY of such error _necessarily
+and exclusively appearing from the record itself_. To act upon
+speculation, instead of certainty, in these cases, is dangerous to the
+last degree, and subversive of some of the fundamental principles of
+English jurisprudence. "Judgment may be reversed in a criminal case by
+writ of error," says Blackstone, "for NOTORIOUS (_i. e._ palpable,
+manifest, patent) mistakes in the judgment, as when a man is found
+guilty of PERJURY, (_i. e._ of a misdemeanour,) and RECEIVES THE
+JUDGMENT OF FELONY." This is the true doctrine; and we submit that it
+demonstrates the error which has been committed in the present instance.
+Let us illustrate our case by an example. Suppose a man found guilty
+under an indictment containing two counts, A and B. To the offence in
+count A, the legislature has annexed one punishment only, viz.
+_transportation_; to that in count B, _imprisonment_. The court awards
+sentence of transportation; and, on a writ of error being brought, the
+court above pronounces count A to be bad. Here it appears INEVITABLY and
+"manifestly" _from the record_, that there has been error; there is no
+escaping from it; and consequently judgment _must_ be reversed. So where
+the judgment is the infliction of punishment "for his offen_ces_"
+aforesaid: there being only two offences charged, one of which is
+contained in a bad count, containing therefore no "_offence_" at all.
+Apply this principle to the present case. Does this record, in
+sentencing the defendant "for his offences aforesaid," _conclusively_
+and _necessarily_ show that the court regarded the sixth and seventh
+counts as containing "offences," and awarded punishment in respect of
+them? We unhesitatingly deny it. The merest tyro can see that it is
+_possible_--and, if so, where is the NECESSARY error?--that the judges
+excluded the vicious counts from their consideration; that they knew the
+law, and could discern what were and what were not "offences;" and
+annexed punishment to only true "_offences_" in the eye of the law. The
+word "offence" is a term of art, and is here used in its strictest
+technical sense. What is that sense? It is thus defined by an accurate
+writer on law: "an _offence_ is an act committed _against a law_, or
+omitted _when the law requires it_, and punishable by it."[25] This word
+is, then, properly used in the record--in its purely technical sense. It
+can have no other meaning; and an indictment cannot, with great
+deference to Mr Baron Parke,[26] contain an "offence" which is not
+"legally described in it;" that is, unless any act charged against the
+defendant be shown upon the face of the indictment to be a breach of the
+law, no "_offence_," as regards that act, is contained in or alleged by
+the indictment. The House of Lords, therefore, has exceeded the narrow
+province and limited authority of a _court of error_, or has presumed,
+upon illegal and insufficient grounds, that the Irish judges did not
+know which were, and which were not "_offences_," and that they did, in
+fact, consider those to be offences which were not, although the record
+contains matter to satisfy the allegation to the letter--viz. a
+_plurality_ of real "offences." Where is Lord Campbell's authority for
+declaring this judgment "_clearly_ erroneous in awarding punishment for
+charges which are _not offences in point of law_?" Or Lord Cottenham's,
+for saying that "the record states that the judgment was _upon all the
+counts, bad as well as good_?" They have none whatever; their assertions
+appear to us, with all due deference and respect, purely arbitrary, and
+gratuitous fallacies; they do violence to legal language--to the
+language of the record, and foist upon it a ridiculous and false
+interpretation. We admit, with Lord Cottenham, that "where the sentence
+is of a nature applicable _only_ to the bad counts," it is incurably
+vicious, and judgment must be reversed--it is the very case which we put
+above; but how does that appear in the judgment under consideration? Not
+at all. The two cases are totally different.
+
+And this brings us to another palpable fallacy--another glaring and
+serious error into which we cannot help thinking the House of Lords has
+fallen, and which is abundantly evidenced by their judgment: viz. that a
+court of error has any concern whatever with, or can draw any inference
+whatever from, the AMOUNT of punishment. The reasoning of the judges is
+here perfectly conclusive. "If a sentence be OF THE KIND which the law
+allows, the _degree_ of it is not within the competence of a court of
+error. If a fine be an appropriate part of the sentence of a court
+below, the excess of it is no ground of error. What possible line can be
+drawn as to the reasonableness and excess, so as to affect it with
+illegality? It is obvious there can be none. If in _this_ case, the
+sentence had been _transportation_, the sentence would have been
+_illegal_: Why? Because not of _the kind_ authorized by law in such a
+case." Any presumption, therefore, made by a court of error, from the
+_amount_ of punishment awarded, as to which of the counts had been taken
+into consideration by the judges in giving their judgment, is manifestly
+based upon insufficient and illegal grounds. Can these principles have
+been duly pondered by the lords? We fear not. Look at Lord Cottenham's
+supposition of two counts for libel: one for a very malignant one, the
+other for one comparatively innocuous; and a sentence of heavy fine and
+imprisonment passed, evidently in respect of the malignant libel, which
+a court of error decides to be no libel at all. Lord Cottenham appears
+to rely greatly on this supposed case; but is it not perfectly clear,
+that it is not a case of error _on the record_--and therefore totally
+inapplicable to the case which he had to consider? The defendant would
+have certainly sustained an injury in that case; Where is the remedy?
+There is _no legal_ remedy, any more than there is when a man has been
+wrongfully _acquitted_ of a manifestly well-proved crime, or unjustly
+convicted of a felony. The mercy, or more properly the sense of
+_justice_ entertained by the _executive_, must be appealed to in either
+case; such power of interposition having, in the imperfection of human
+institutions, been wisely reserved to the supreme power to afford
+redress in all cases where the LAW cannot. Lord Cottenham's reasoning
+appears to us, in short, based upon two fallacies--a _petitio
+principii_, in _assuming_ that judgment was entered upon all the counts;
+the _question_ being, _was_ it so entered? The other is, that a court of
+error is competent to infer, from the _amount_ of punishment, that a
+defendant has been sentenced upon bad counts. Again: the three peers
+admit, that if a sole count contain a quantity of aggravating, but
+really "_irrelevant stuff_" (to adopt Lord Denman's expression,) it will
+not prejudice the judgment, provided the count also contain matter which
+will legally support that judgment. Why should the judges be given
+credit for being able to discard from consideration these legally
+extrinsic matters in a single count, and not also, by the exercise of
+the very same discretion, be able to discard, in considering the record,
+irrelevant and insufficient counts, such as in the eye of the law have
+no existence, are mere nonentities?
+
+For these, and many other reasons which might be assigned, had we not
+already exceeded our limits, we have, after a close and a candid study
+of the judgments delivered by the three peers, and the convincing, the
+conclusive judgments of the great majority of the judges, come, without
+hesitation, to the conclusion, that the Lords have not merely decided
+incorrectly, but have precipitately removed a chief corner-stone from
+the fabric of our criminal law, and have incurred a very grave
+responsibility in so doing. We cannot help thinking, that they have
+forgotten the fundamental distinction which our constitution makes
+between "jus _dare_" and "jus _dicere_." _Jus dederunt, non jus
+dixerunt_--an error, however, easily to be accounted for, by a reference
+to their double capacity, and the confusion it occasions between their
+judicial and legislative functions. We view with grave apprehension the
+power exercised by three members of the House of Lords, of overturning
+so well-established a rule and custom as that attested to them by the
+judges. What security have we for the integrity of our common law? In
+the face of the judges' decisions, how decorous and dignified would have
+been the conduct of the House of Lords in giving way, even if they had
+differed from the judges; lamenting that such _was_ the law of the land,
+and resolving to try and persuade the legislature to alter it, as has
+often been done. Witness the statute of 1 and 2 Geo. IV. c. 78, passed
+in consequence of the decision of the House of Lords in _Rowe_ v.
+_Young_, 2 Brod. and Bing. 165. The House of Commons has resented such
+interference with the laws by the House of Lords; who, in the case of
+_Reeve_ v. _Young_, (1 Salkeld, 227,) "_moved by the hardship of the
+case_, reversed the judgments of the courts below, contrary to the
+opinion of all the judges." But the House of Commons, "_in reproof of
+this assumption of legislative authority in the Lords_," immediately
+brought in the 10 and 11 Will. III. c. 16, which passed into a
+statute.[27] May we venture to suggest that the elaborate, and long,
+and deeply-considered opinions of the judges of the land, who had been
+summoned by the Lords to advise them, were worthy of more than the
+single day, or day and a half's examination which they received before
+they were so peremptorily pronounced to be "_clearly_ erroneous?" And
+may we, with no little pain, suggest to Lord Campbell, that the array of
+_Gamaliels_ at whose feet he had _sate_ during his whole life--whose
+feet he had indeed so very recently quitted--whose integrity, whose
+profound learning, whose sagacity, none has had larger experience of
+than he--are entitled to look at his cavalier-like treatment of their
+best services, with a feeling stronger than that of mere surprise? In
+concluding this long article--in expressing our conviction of the error
+of the Lords--we feel one consolation at all events--that if we err, we
+err in good company; and that we are not conscious of having
+transgressed the limits of legitimate discussion, in exercising as
+undoubted a right of its kind, as these three peers exercised in
+branding so overwhelming a majority of the judges of the land with the
+imputation of ignorance of those laws which all their lives had been
+spent in administering. The very existence of the ancient common law of
+the land is put in jeopardy by such a procedure as that which we have
+been discussing; and our honest conviction, however erroneous, that such
+is the case, will suffice to excuse the freedom of our strictures; if,
+indeed, we require an excuse for echoing the stern declaration of on
+forefathers--_Nolumus leges Angliĉ mutari_.
+
+As to him who has reaped the benefit of this lamentable miscarriage--Mr
+O'Connell--the law of the land has nevertheless been vindicated, and the
+stability of the empire secured, to a far greater extent than he is
+willing to acknowledge. Agitation he must continue; he _must_ play out
+his base and sordid game. But his powers of mischief are manifestly and
+seriously crippled; and we quit him with the language addressed by Pope
+to a mean one of _his_ day--
+
+    "Uncaged, then let the harmless monster rage--
+    Secure in dulness, madness, want, and age!"
+
+FOOTNOTES:
+
+[1] See the Judgment of the Judges, ordered by the House of Lords to be
+printed, (and from which the quotations in this article have been made,)
+read to the House of Lords by Lord Chief-Justice Tindal, on the 2d
+September 1844.
+
+[2] State Prosecutions, pp. 9, 10. No. CCCXXXIX. Vol. LV.
+
+[3] Blackstone's Commentaries, vol. i. p. 302.
+
+[4] Several distinct offences may undoubtedly be included, in as many
+counts, in one indictment.
+
+[5] Two of the defendants' (the two priests) names do not appear in the
+record of the verdict, as one of them (Tyrrell) died before the trial,
+and as to Tierney, the Attorney-General entered a _nolle prosequi_.
+
+[6] _Comyn's Digest_, title _Pleader_, 3 B. 18.
+
+[7] This is the proper expression. See _M'Queen's Practice of the House
+of Lords,_ p. 256. "They are summoned _for their advice in point of
+law_, and the greater dignity of the proceedings" of the
+Lords.--(_Blackst, Comm._ p. 167.)
+
+[8] 1 _Blackstone's Commentaries,_ p. 69.
+
+[9] Opinions of the Judges, &c.--(Pp. 1-3.)
+
+[10] Opinions of the Judges, p. 23.
+
+[11] 3 _Blackstone's Commentaries_, p. 395.
+
+[12] We quote from the edition of Lord Denman's judgment, sanctioned by
+himself, and edited by D. Leahy, Esq., (one of the counsel in the
+cause.)
+
+[13] A "_demurrer_" is the mode by which any pleading, civil or
+criminal, is denied to be (whether in form or substance) sufficient in
+point of _law_; and a _plea_ is the mode by which is denied the _truth_
+of the _facts_ which the pleading alleges.
+
+[14] Opinions of the Judges, p. 19.
+
+[15] Vol. I., pp. 68-9.
+
+[16] Williams v. Germaine, 7 Bar. and Cress. 476.
+
+[17] Opinions of the Judges, p. 17.
+
+[18] Judgment, (by Leahy,) p. 36.
+
+[19] Opinions of the Judges, p. 28.
+
+[20] Judgment, &c., p. 43.
+
+[21] Opinions of the Judges, p. 28.
+
+[22] Lord Denman's judgment.
+
+[23] Ditto.
+
+[24] Ante.
+
+[25] West's Symbolography, and Jacob's and Tomlin's Law.
+
+[26] Opinions of the Judges, p. 29.
+
+[27] 2 Bla. Comm. 169; and see Mr Christian's Note.
+
+
+
+
+MY COLLEGE FRIENDS.
+
+
+No. I
+
+JOHN BROWN.
+
+Did you ever happen to know a man who spent a whole Christmas vacation
+in Oxford, and survived it? I did. And this is how it came to pass.
+
+"Frank," said the governor one evening after dinner, when the
+conversation had turned upon my approaching return to college, and the
+ticklish question of supplies had been disposed of--"when the deuce do
+you mean to go up for your degree? I have a notion this next term is
+your fifteenth, young man?"
+
+"Why no, sir--that is, not exactly; you know"----
+
+"Oh! true--I forgot that confounded rustication business. Well, it's
+your fourteenth at all events, and I think that's enough."
+
+"Well, sir, I was thinking to have a shy at it after Christmas."
+
+"Shy at it! You've always been _shying_ at it, I think. I hope it mayn't
+end in a _bolt_, Master Frank!"
+
+I laughed dutifully at the paternal wit, and promised to go to work in
+earnest the moment I reached Oxford.
+
+This was a resolution announced periodically like the ballot question,
+and with much the same result. So the governor only shook his head,
+yawned, looked at the bottle, which stood between us nearly empty, and
+prepared apparently for an adjournment.
+
+"I'll tell you what, sir," said I, emptying what remained in the
+decanter into my glass, and swallowing it with a desperate energy
+befitting the occasion, "I'll stay up the Christmas vacation and read."
+
+"The deuce will you! Why, Frank," continued the governor, sorely
+puzzled, "you know your cousins are coming here to spend the Christmas,
+and I thought we should all make a merry party. Why can't you read a
+little at home? You can get up something earlier, you know--much better
+for your health--and have two hours or so clear before breakfast--no
+time like the morning for reading--and then have all the day to yourself
+afterwards. Eh, why not, Frank?"
+
+"If you'll allow me to ring for another bottle of this Madeira, sir, (I
+declare I think it's better than our senior common-room have, and they
+don't consider theirs small-beer,) I'll tell you.----I never could read
+at home, sir; it's not in the nature of things."
+
+"I doubt whether it's much in your nature to read any where, Frank: I
+confess I don't see much signs of it when you are here."
+
+"In the first place, sir, I should never have a room to myself."
+
+"Why, there's the library for you all day long, Frank; I'm sure I don't
+trouble it much."
+
+"Why, sir, in these days, if there are any young ladies in the house,
+they take to the library as a matter of course: it's the regular place
+for love-making: mammas don't follow them into the company of folios and
+quartos while there are three volumes of the last novel on the
+drawing-room table; and the atmosphere is sentimentality itself; they
+mark favourite passages, and sigh illustrations."
+
+"Precious dusty work, Frank, flirtations among my book-shelves must be;
+but I suppose the girls don't go much beyond the bindings: they don't
+expect to get husbands by being blue."
+
+"Not exactly, sir; reviews and title-pages constitute a good part of
+modern literary acquirements. But upon my honour, sir, one hears young
+ladies now talk of nothing but architecture and divinity. Botany is
+quite gone out; and music, unless there's a twang of Papistry about it,
+is generally voted a bore. In my younger days--(really, sir, you needn't
+laugh, for I haven't had a love affair these two years)--in my younger
+days, when one talked about similarity of tastes and so forth, it meant
+that both parties loved moonlight, hated quadrilles, adored Moore's
+Melodies, and were learning German; now, nine girls out of ten have a
+passion for speculative divinity and social regeneration."
+
+"Ay, one sort of nonsense does just as well for them as another: your
+cousin Sophy bothers me to build an Elizabethan pigsty, and wanted her
+poor mother to dance with the butler in the servants' hall last
+Christmas, when the fellow was as drunk as an owl: I hope it mayn't end
+in her figuring off herself with the footman; for Sophy is rather a pet
+of mine, and a right-down English girl after all. But, Frank, if you
+can't read in peace in the library, you surely could have a room fitted
+up for yourself up stairs; and you shall have the great reading-desk,
+with lights, that was your grandfather's, that stands in my little
+sanctum; (he made more use of it, poor man, than I do;) or I don't know
+but what I might spare you the little room itself, if it would suit
+you--eh?"
+
+"Oh, my dear father! I wouldn't disturb you on any account," said I,
+rather alarmed at the extent of my worthy parent's liberality in the
+cause, and fearing it might end in the offer of the whole family to pack
+themselves in the attics, and leave me a first floor to
+myself--calculating, too, the amount of hard reading commensurate with
+such imposing preparations. "What would become of the justice business
+of the parish, sir, if we shut up your tribunal? I don't suppose my
+mother would like to have the constables and the illegitimates
+introduced either into the drawing-room or the kitchen," (this was, as I
+meant it to be, a poser; if Mr Hawthorne senior had a hobby, it was his
+magisterial authority.) "The fact is, that at home, up-stairs or
+down-stairs, I couldn't read. I should have not only my own idleness,
+but the various idlenesses of the whole family combined, to fight
+against. My sisters would be knocking at the door every half hour, if
+only to ask how I was getting on: Bob would tease me to come out
+skating, and Charles would start me perpetually after wild-ducks or
+woodcocks. And you yourself, sir, if I am not much mistaken, would think
+it odd if I didn't take a ride with you as usual after breakfast. Then
+one can't be expected to crawl about one's books by candlelight on a
+winter's morning; and after a six o'clock dinner who can read? After tea
+you know, sir, my mother always likes a rubber when I'm at home; and if
+you are going to have those girls, Jane and Sophy, down this
+Christmas"----
+
+"Ah! well--I see, Frank; I'm afraid it's a hopeless case. Perhaps you
+had better stay up at Oxford after all; you won't have much to disturb
+you there, I suppose. If you don't get moped to death, I certainly don't
+see what's to hinder your reading. You don't feel inclined to try North
+Wales in the winter, I suppose, eh?"
+
+"No, sir," said I, swallowing a last glass of Madeira at a gulp, and
+rising, to cut short a conversation which was beginning to take rather
+an awkward turn--"No, sir, not exactly."
+
+"Why, I don't know, Frank: why not? you'd find the climate cooler, you
+know," persevered the governor, as he followed me into the drawing-room.
+
+So in Oxford it was settled that I should stay; a tolerable character
+for the last term or two, and the notorious fact that I was going up at
+Easter, ostensibly for a class, obtained me the necessary permission:
+strange that, in the University, one should require leave to read! My
+friends, John Brown and Harry Chesterton, were to stay up too; and we
+promised ourselves some hours of hard work, and many merry ones
+together. The vice-principal and one of the juniors, the only fellows
+that would be in residence, were both gentlemen, and always treated the
+under-graduates as such; we should get rid of the eternal rounds of beef
+and legs of mutton that figured at the commoners' table in hall; there
+would be no morning chapel; and altogether, having had nearly enough of
+the noisy gayety of a full term, we looked forward to the novelty of a
+few quiet weeks in college with a degree of pleasure which surprised
+even ourselves.
+
+But alas! under-graduates are but mortals, and subject to somewhat more
+than the ordinary uncertainties of mortal life. It wanted but a week to
+the end of term; all our plans were settled. Brown was to migrate from
+his own rooms in "Purgatory"--as we used to call the little dark back
+quadrangle, where, from sheer laziness, which made him think moving a
+bore, he had remained ever since his first location there as a freshman,
+up three pair of stairs; so that, when his intimate friends wished to
+ascertain if he was at home, we used to throw a stone through the
+window--and was to take up his abode in "Elysium," where he would be
+Chesterton's next-door neighbour, and in the same number as myself. We
+were to have a quiet breakfast in each others' rooms in turn every
+morning; no gross repast of beef-steaks and "spread-eagle" fowls, but a
+slight relish of anchovy toast, potted shrimps, or something equally
+ethereal; and the _chasse-café_ limited to one cigar and no bottled
+porter. It was cruel to interfere with such unexceptionable
+arrangements; but a college, though it have a head, has no heart worth
+mentioning; and, in an evil hour, they rusticated John Brown. At least
+they forbade his staying up the Christmas vacation; and, for the credit
+of my friend's character, let me explain. Why John Brown should have
+been a person particularly distasteful to the fellows of ---- College,
+was a matter at first sight rather hard to understand. He was not what
+is called a rowing man; was never found drunk in the quad, or asleep at
+the hall lecture; never sported a pink, or drove a team; was not known
+to have been concerned in any of the remarkable larks which occurred in
+our times; was neither an agent in the Plague of Frogs, nor an actor in
+the private theatricals; was not a member of the Agricultural Society,
+which made the remarkable experiments with clover and ryegrass in the
+college quadrangle; had no talent for midnight howling, sang very small
+in a chorus, capped all the fellows diligently, and paid his battels to
+the minute. He was known to have asked twice for the key of the library,
+put down his name for the senior tutor's pet lecture in "Cornelius
+Nepos," bought the principal's sermon on the "Via Media," and was
+suspected of having tried to read it. He was not clever enough to sneer
+at the tutors, or stupid enough to disgust them. He was too sleepy to
+keep late hours, too fat to pull in the boat, too stingy to give
+supper-parties. How on earth came the fellows not to like John Brown? "A
+most respectable man," the principal always said he was. "Sir," said he
+to his anxious father, when, at the end of his second term, he took the
+opportunity of a professional visit to Oxford to call to know how the
+hope of the Browns was progressing--"Sir, I consider your son a most
+respectable person: I may say a most respectable person;" and as the
+principal had taken wine with him once at dinner, and bowed to him at
+collections, and read "Mr John Brown" twice upon a card at the end and
+beginning of term, and thus had every opportunity of forming an opinion,
+and expressed that opinion oracularly, in a Johnsonian fashion, Governor
+Brown was satisfied. How did the fellows come not to like John
+Brown?--pronounced "most respectable" by the principal--declared by his
+scout to be "the quietest gentleman as he ever a knowed;" admitted by
+the under-graduates to be "a monstrous good fellow, but rather slow;"
+how came John Brown to fail in recommending himself to the favour of his
+pastors and masters--the dean and tutors of ----? Why, in the first
+place, John Brown, the elder, was a wine-merchant; a well-educated man,
+a well-behaved man; but still a wine-merchant. Now the dean's father
+was--I beg his pardon, had been--a linen-draper; neither well-educated
+nor well behaved; in short, an unmitigated linen-draper. Consequently
+the dean's adoration of the aristocracy was excessive. There are few
+such thorough tuft-hunters as your genuine Oxford Don; the man who,
+without family or station in society, often without any further general
+education and knowledge of the world than is to be found at a country
+grammar-school, is suddenly, upon the strength of some acquaintance with
+Latin and Greek, or quite as often, from having first seen the light in
+some fortunately endowed county, elevated to the dignity of a
+fellowship, and permitted to take rank with gentlemen. The "high table"
+in hall, the Turkey carpet and violet cushioned chair in the common
+room, the obsequious attention of college servants, and the more
+unwilling "capping" of the under-graduates, to such a man are real
+luxuries, and the relish with which he enjoys them is deep and strong.
+And if he have but the luck to immortalize himself by holding some
+University office, to strut through his year of misrule as proctor, or
+even as his humble "pro," then does he at once emerge from the obscurity
+of the family annals a being of a higher sphere. And when there comes up
+to commemoration a waddling old lady, and two thin sticks of virginity,
+who horrify the college butler by calling the vice-principal "Dick," no
+wonder that they return to the select society of their native town with
+an impression, that though Oxford was a very fine place, and they had
+real champagne, and wax candles, and every thing quite genteel, and dear
+Richard was very kind, still they did think he was grown rather proud,
+as he never once asked after his old acquaintances the Smiths, and
+didn't like to be teased about his old flame Mary. No wonder that in the
+visits, few and far between, which, during the long vacation, the
+pompous B.D. pays to his humble relations in the country, (when he has
+exhausted the invitations and the patience of his more aristocratic
+friends,) they do not find a trace remaining of the vulgar boy, who,
+some twelve years ago, quitted the seat of the provincial muses to push
+his fortunes in the University of Oxford. In vain does his uncle give up
+his after-dinner pipe, and in place of the accustomed Hollands and
+water, astonish the dusty decanter with port of an unknown vintage in
+honour of his illustrious nephew; in vain does the good old lady
+afore-mentioned, the unworthy mother of so bright a son, quit the
+instruction of pious Mr Jabez Jenkins, the "Independent" minister, and
+turn orthodox and high-church for the nonce, when her dearly beloved
+Richard "officiates" for the rev. the vicar; no ties of home or kindred,
+no memories of boyhood, no glow of early recollections, touch the
+case-hardened parasite of college growth; and when he has banished his
+younger brother to Australia, under pretext of making his fortune,
+married both his sisters, and erected a cheap monument to the
+linen-draper's widow as the "relict of the late Thomas Thompson,
+_Esquire_," he waits in peaceful expectation of a college living, with
+the consciousness of having done his duty by his relations, and
+delivered himself from a drag upon his new career. I do not mean to set
+too high a value on gentle birth, or to limit nobility of character by
+that of blood; I believe my tailor to be one of nature's gentlemen, (he
+never duns,) and I know my next neighbour, Sir John, thirteenth baronet
+as he is, to possess the soul of a huckster, because he sells his fruit
+and game: still these are the exceptions, not the rule; and there are
+few cases of men rising from low origin--rising, that is, from
+circumstances, not from ability--not the architects, but the creations
+of their own fortunes, (for that makes all the difference)--who do not
+carry with them, through all the gradations of their advancement, the
+plebeian instincts, while they forget, perhaps, the homely virtues of
+the class from which they spring. There is a nobility of birth, seldom
+to be counterfeited or mistaken, wholly irrespective of the rank and
+wealth which are either its graceful accompaniments or its insufficient
+substitutes; fostered and strengthened by early habits and education,
+but none the less originally innate--as much an endowment from heaven as
+beauty, strength, or talent, and more valuable than all. Many men have
+the tact to adapt themselves to the station and the society to which
+they have risen, however much above their own level; they acquire the
+habits and the tastes, seldom the feelings, of a gentleman. They act the
+character well; it is carefully studied, and on the whole well
+sustained; it is a correct and painstaking performance, and the points
+tell distinctly; but there is throughout that indirect appeal to the
+audience which marks it to be only acting. They are more studiously
+aristocratic than the aristocracy, and have a horror of vulgarity which
+is in itself essentially vulgar.
+
+And such a man was the dean of ----. On the philosophic principle of
+hating all to whom we are under obligations, if there was any thing he
+cordially detested, it was trade. His constant aim was to forget his
+unfortunate origin himself, if possible to lead others who knew him to
+forget it, and to keep strangers from knowing it at all. And as he
+shrank from every shape and sound plebeian, so he industriously
+cultivated every opening to "good society." There was not a member of
+his own college, graduate or under-graduate, of any pretensions to
+family, who could not speak from experience of the dean's capital
+dinners, and his invariable urbanity. No young honourable, or tenth
+cousin to an honourable, ever got into a row, that he had not cause to
+bless the dean's good offices for getting him out. And if some of the
+old stagers contented themselves with eating his dinners, and returning
+them in the proportion of one to five, the unsophisticated gratitude of
+youth, less cunning in the ways of the world, declared unhesitatingly,
+in its own idiomatic language, "that old Hodgett was a regular brick,
+and gave very beany feeds." And so his fame travelled far beyond his own
+collegiate walls, and out-college honourables and gentlemen-commoners
+were content to make the acquaintance, and eat the dinners that were so
+freely offered. And as the dean had really some cleverness, and "a
+well-assorted selection" of anecdotes and illustrations "from the best
+markets," (as his worthy father would have advertised it,) and could
+fill the chair at his own entertainments with ease if not with
+gracefulness, and moreover was not close with his purse-strings, and
+could always be reckoned safe for a L.20 note if a dun was troublesome,
+(well knowing that even under-graduates make exceptions in favour of
+debts of honour,) he became, among his younger friends especially, a
+very popular man. And when those who had enjoyed his good fare, and
+profited by his friendly offices with duns and proctors, found that,
+after all, he was "nobody," all they said was, that it was a pity, and
+that he was a monstrous good fellow none the less. And one invited him
+to spend the Christmas with him down at the governor's in Kent, where
+there was to be a regular houseful, and merry-making of all sorts, and
+another would have him into Norfolk in September for the shooting--(the
+dean never shot, but wisely said nothing about it until he got into
+good quarters, when he left his younger friends to beat the stubbles,
+while he walked or drove with Lady Mary and Lady Emily, and eat the
+partridges;)--so that on the whole he felt himself rather an ill-used
+individual if there was a week of the vacation for which he had not an
+invite. If such a rare and undesirable exception did happen, seldom
+indeed did he bestow himself, even for a day or two, upon his mother and
+sisters at Nottingham; and never did he, by any oversight, permit a
+letter to be addressed to him there; if it could not conveniently bear
+the address of some of his titled entertainers, it was to meet him at
+his college, to which he usually retired to await, with sufficient
+discontent, an invitation, or the beginning of term; while he took pains
+to have it understood, that his temporary seclusion was hardly spared
+him from the hospitable importunities of those whom he delighted to call
+"his many friends," in order to attend to important business.
+Occasionally, indeed, it would happen that the natural sagacity of some
+old English gentleman, or the keen eye of an experienced courtier, would
+fathom at a glance the character of his son's invited guest, and treat
+him with a distant politeness which he could neither mistake nor get
+over; but, on the whole, his visits among his aristocratic entertainers
+were agreeable enough, and he was not a man to stick at an occasional
+trifle. His youthful _protégés_ were glad to be able to repay in the
+country many kind offices at Oxford, and to become patronizers in their
+turn; and the seniors redoubled, in the case of their son's friend, the
+hospitality and courtesy they would have readily shown to a stranger,
+and were not eager to scrutinize the motives which might have induced
+him to be civil to the hopeful stripling, whom, in their partial view,
+the whole university might well have delighted to honour.
+
+In the eyes of such a man, John Brown was not likely, at first starting,
+to find much favour. Had he been a rich man, and sported the velvet cap
+and silk gown, the unhappy fact of his father's being in trade might
+have been winked at. If not in the front rank of the dean's friends he
+might have filled a vacant seat occasionally at his dinner-table, and
+been honoured with a friendly recognition in the quadrangle. At it was,
+he did not condescend to remember that such a man was on the college
+books. Happy ignorance, if only it could have lasted. But one unlucky
+morning a late supper party had decidedly thinned the attendance at the
+hall lecture; and Mr Hodgett, having been disappointed of an invitation
+to a very select dinner at the principal's, was in no very benignant
+humour, and "hauled up" the defaulters. Among them was one of the dean's
+pets--who, having done the same thing a dozen times before, was rather
+astonished at the summons--and the usually regular John Brown. What
+excuses the rest of the party made is immaterial. John, I believe, said
+nothing, beyond a remark as to his having been rarely absent. The
+result, however, was, that he and the rest got an imposition, which cost
+them half-a-guinea each to get done by the under-cook, (it was Greek
+_with_ the accents, which comes expensive,) while the Honourable Lumley
+Skeffington was dismissed with a jocular reproof, and an invitation to
+breakfast. Now, if Mr Skeffington had had the sense to have kept his own
+and his friend's counsel, this might have been all very well. But being
+a somewhat shallow-pated youth, and a freshman to boot, he thought it a
+very fine thing to talk about at his next wine-party, and boast that he
+could cut lecture and chapel when he pleased--the dean and he understood
+each other. Brown happened to be present; (for though not good company
+enough for the dean, he was for his betters; your _parvenu_ is far more
+exclusive in his society than your born gentleman;) he quietly enquired
+into the facts; and finding that what he had before been inclined to
+consider as undue severity in his own case, was positively an injustice
+compared with that of another, appreciating thoroughly the character of
+the party he had to deal with, and coupling the present with certain
+previous minor snubbings from the same quarter, he from that moment
+declared war.
+
+Now, the Rev. Mr Hodgett, sedate and dignified as he was, had better
+have danced a hornpipe in his thinnest silks amongst a bed of stinging
+nettles, or have poked sticks into a wasp's nest, or amused himself with
+any other innocent recreation, than have made an enemy of John Brown. It
+was what he himself would have called a wrong move, and it played the
+deuce with his game. John was the very man who could annoy him, and he
+did. None of us knew he had so much ingenuity, or so much malice in his
+composition, until he commenced his hostilities against the dean. The
+fact was, he was more piqued, perhaps, than any other man in college
+would have been by so small a matter. Too sensible to be really ashamed
+of being the son of a man in trade, he was conscious, nevertheless, that
+it was in some sort a disadvantage to him, and that, descended as he was
+from an old and once knightly line, (his father had been an ill-used
+younger son,) he did not quite occupy his proper position in the world.
+His feeling of this made him sensitive to a fault; it led him rather to
+shun than to seek the society of his contemporaries; and much as he was
+esteemed by myself and others who knew him well, I will not say that he
+was a universal favourite. Men did not understand him: at that time of
+life (alas, why not always?) most of us are open and free-hearted; they
+did not relish his shy and reserved manner, his unwillingness to take
+the initiative in any social intercourse, his _exigéance_ to a certain
+extent of those forms which the freedom of college friendship is apt to
+neglect. "Why didn't you turn into my rooms the other night, when you
+came in from Oriel?" said I to him early in our acquaintance. "Hobbs
+says he told you I had some men to supper."--"You didn't ask me," was
+the quiet reply.--"I couldn't see you, or else I should; but you might
+have known I wanted you; don't serve me such a trick as that again, old
+fellow." But it let me into a secret of his character, and ever after
+that, I was as particular in my invitations as possible. Men thought him
+proud, and cold, and touchy, which he was not; and stingy, which he
+scorned to be, from his contempt for ostentation in any shape. The
+rarity of his wine-parties, and his never having other wines produced
+than port or sherry, he himself explained to me--"Men would say, it was
+easy for me to sport claret and champagne, when I could get them for
+nothing." But if an unthinking freshman broke out in praise of the said
+excellent port or sherry, (as indeed they might well be pardoned for
+doing, considering the quality of what they commonly imbibed,) he would
+say at once--"Yes, I believe it is good; I know my father considers it
+so, and it has been in bottle above twelve years." There was no shirking
+the question for a moment. And excellent wine he got for me from his
+father, at a moderate price, at his own offer. Hating then, as he did
+undisguisedly, the tuft-hunting and affectation of _haut-ton_, which was
+so foreign to his own nature, he felt, perhaps excusably, annoyed at
+their palpable existence and apparent success, in a man, whose station,
+as he said, ought to have kept him from meanness, if it could not give
+him dignity.
+
+At all events, his method of retaliation--"taking down the dean"--as he
+called it was most systematic and persevering. He let the matter of the
+imposition pass over quietly; was for some months doubly attentive to
+all his college duties; carefully avoided all collision with his
+adversary; kept out of his way as much as he could; and whenever brought
+into contact with him, was as respectful as if he had been the
+Vice-chancellor. This had its effect: John began to rise in the dean's
+good graces; and when he called upon him in the usual course of
+etiquette, to mention that he should be absent the vacation of three
+days which intervenes between the two short terms, the meeting, on one
+side at least, was almost cordial. A day or two after his return, (he
+had been to visit a friend, he said,) we were in his rooms at breakfast
+together, when the dean's scout entered with his master's compliments to
+request Mr Brown's company to breakfast. Then it was that John's eyes
+dilated, and he rubbed his hands, as soon as the door was shut, with an
+excitement rather unusual.
+
+"Do you know who breakfasts with the man to-morrow? Do you, Hawthorne?"
+
+"Why, I had a message this morning," said I, "but I don't mean to go. I
+shall have a headach or something to-morrow. I have no notion of going
+there to eat my own bread and butter, and drink his very bad tea, and
+see a freshman swallow greasy ham and eggs, enough to turn the stomach
+of any one else; and then those Dons always make a point of asking me to
+meet a set of regular muffs that I don't know. The last time I went,
+there were only two reading-men in spectacles, perfect dummies, and that
+ass, young Medlicott, who talks about hunting, and I believe never
+crossed the back of anything higher than a donkey."
+
+"You had better come to-morrow; perhaps you will have some fun."
+
+"Why, who is going there, do you know?"
+
+"I haven't a notion; but do come. I must go, and we will sit together,
+and I'll get the cook to send up a dish of deviled kidneys for you."
+
+There was something in his eye as he said this which I could not make
+out, and it rather puzzled me to find him so willing to be of the party
+himself. However, he was an odd fellow, so I promised to go, and we
+parted; certainly with little anticipation on my part of what the "fun"
+was to be.
+
+Nine o'clock the next day arrived, and punctual to the minute might be
+seen two freshmen, from opposite corners of the quadrangle, steering for
+the dean's rooms. Ten minutes afterwards, an interesting procession of
+coffee-pots and tin-covers warned me to finish my toilet; and following
+them up the staircase, I found a tolerably large party assembled.
+
+"Just in time--just in time, Mr Hawthorne," said the dean, who appeared
+to be in high good-humour, "as my old pupil, Sir Charles Galston, used
+to say, (you don't know him, do you? he's your county man, too, I
+believe,)--as he always used to say, 'Gad, Hodgett, just in time to see
+the muffins break cover!' ha, ha! Take those tins off, Robert."
+
+We sat down, and for some time every thing went on as slow as it usually
+does at breakfast parties. At length, taking advantage of a pause, after
+laughing his loudest at one of our host's stories, John Brown broke out
+with "How is Mrs Hodgett, sir?"
+
+If Mrs Hodgett, instead of the dean's most respectable mother, had been
+his lawful wife, hitherto unacknowledged through fear of losing his
+fellowship, he could not have looked more thoroughly horrified. I myself
+was considerably taken aback; some of the other men, who knew the
+reverend gentleman's tenderness on the subject of his family connexions,
+picked their chicken-bones, and stirred their coffee with redoubled
+attention. John Brown and the two freshmen alone looked as cool as
+cucumbers.
+
+"Eh? oh--h," stammered the party addressed, "quite well, thank
+you--quite well. Let me give you some of this--oh, it's all gone! We'll
+have some more; will one of you be kind enough to ring? My friend,
+Lord"----
+
+"No more for me, thank you, sir, I beg," said John. "Have you heard from
+Mrs Hodgett since the vacation?"
+
+"No--yes; oh dear, yes, several times!" (It was about five days back.)
+"She was quite well, thank you. In town at present, I believe. You were
+in town during the vacation, I think, Mr Wartnaby? Did you meet your
+uncle Sir Thomas there, or any of the family?"
+
+"Sir T-T-Thom...." began young Wartnaby, who stammered terribly.
+
+"I beg your pardon, sir," struck in John Brown, "are you sure Mrs
+Hodgett is in town? I saw her in Nottingham myself on Friday; I made my
+first acquaintance with her there, and a very charming old lady she is."
+
+Mr Hodgett's confusion could only be rivaled by Mr Brown's perfect
+self-possession. I began to see the object of his kind enquiries; so,
+probably, did the victim himself. The other men who were present
+thought, I suppose, that it was only an unfortunate attempt of John's to
+make himself agreeable; and while some were amused by it, a more
+considerate friend kicked my shins in mistake for his, under the table.
+
+"She certainly told me, sir, she should be going up to London in a few
+weeks, to purchase her winter stock, I think she said; but I did not
+understand that she was to be there now."
+
+John had got on thus far before his enemy could rally at all; but the
+dean grew desperate, and resolved to make a diversion at all hazards;
+and as he reached his hand out, apparently in quest of a slice of toast,
+cup, saucer, and a pile of empty plates, went crashing on the floor.
+
+"Bless me, how very awkward!" said he, with a face as red as fire.
+
+"Never mind, sir," said a freshman from Shrewsbury, just entered who had
+not opened his lips before, and thought it a good opportunity; "it's all
+for the good of trade."
+
+Never was a stale jest so unconsciously pointed in its application.
+Brown laughed of course, and so did we all; while the dean tried to
+cover his confusion by wiping his clothes--the cup having been an empty
+one. The freshman, seeing our amusement, thought he had said a very good
+thing, and began to talk very fast; but nobody listened to him.
+
+"Talking of trade," mercilessly continued the tormentor, "I was
+uncommonly pleased with Nottingham the other day. Your brother-in-law,
+Mr Mogg, was exceedingly civil to me, (I took the liberty of mentioning
+your name, sir;) he showed me the whole process of stocking-making; very
+interesting indeed it is--but of course you have seen it often; and I
+really think, for a small establishment, Mr Mogg's is one of the best
+conducted I ever saw. You don't know Mr Mogg, Hawthorne, do you? Get the
+dean to give you a letter to him, if you ever go to Nottingham; a very
+good sort of man he is, and has his whole heart in his business. 'Some
+men are ashamed of their trade, sir' said he; 'I a'n't. What should I
+do, I should like to know, if trade was ashamed of me?' And really Mrs
+Mogg"----
+
+"Ah yes!" said Mr Hodgett, hitherto overwhelmed by John's eloquence, (he
+never talked so fast,) and utterly at a loss how to meet it, "Mogg is a
+great man in his line at Nottingham. I shouldn't wonder if he was member
+some day; he has a large wholesale connexion."
+
+"And retail, too, sir," chimed in John. "I bought six pair of the nicest
+sort of stockings there I have seen for a long time: did I show them to
+you, Hawthorne? 'These,' said Mr Mogg, 'I can recommend; I always'"----
+
+"If you won't take any more coffee, gentlemen," said the dean, jumping
+up and looking at his watch, "I am afraid, as I have an appointment at
+ten"----
+
+"I declare, so have I," said Brown; "but I had quite forgotten it, our
+conversation has been so very agreeable. Good-morning, sir; and if you
+are writing to Mrs Hodgett, pray make my compliments." And with this
+Parthian shaft he quitted the field.
+
+Having adjusted the difficult questions which are apt to arise as to the
+ownership of caps and gowns, the rest of the party took leave. The
+facetious freshman, after putting in an ineffectual claim upon one or
+two of the most respectable of the caps, at last marched off with the
+dean's, as being certainly more like the new one he had bought the day
+before, than the dilapidated article with a broken board and half a
+tassel, which was the tempting alternative, and possessing also the
+common property of having a red seal in it. He was not allowed, however,
+to remain long in peaceful possession of his prize. Scarcely had he
+reached his rooms, when Robert, the dean's scout, came to inform him
+that he had left his own cap (which Robert presented to him with a grin)
+behind him, and taken away Mr Hodgett's in mistake; enlightening him, at
+the same time, as to the fact, that fellows' caps, by special exemption,
+were "not transferable." And when he ventured to send back by Robert an
+apology, to the effect that the very ancient specimen could not at all
+events be his, and a humble request that the dean would endeavour to
+ascertain which of his friends whom he had met at breakfast had also
+"made a mistake," that official, remembering his happy _debût_ as a
+conversationalist, instantly sent for him, and read him a severe lecture
+upon impertinence.
+
+Of course we were no sooner fairly landed in the quadrangle, than all
+who had any acquaintance with Brown surrounded him with entreaties for
+an explanation. What possessed him to make such a dead set at the dean?
+How came he to be so well up in the family history? How long had he had
+the pleasure of an acquaintance with dear old Mrs Hodgett? And who
+introduced him to Mr Mogg?
+
+It turned out that John had made an expedition to Nottingham during the
+vacation on purpose; he had called on the old lady, whose address he had
+with some difficulty obtained; presented his card, "Mr John Brown, ----
+Coll.;" stated that he was a stranger, very desirous to see the lions of
+Nottingham, of which he had heard so much; and having the honour of
+knowing her son, and the advantage of being at the same college with
+him, and having so often heard her name mentioned in their many
+conversations, that he almost felt as if she was his intimate
+acquaintance, had ventured to intrude upon her with a request that she
+would put him in the way of seeing the town and its manufactures to the
+best advantage. Much taken, no doubt, by John's polite address, which by
+his own recapitulation of it must have been highly insinuating, and
+delighted to see any one who could talk to her about her son, and to
+learn that she herself was talked about among his grand friends in
+Oxford, the worthy Mrs Hodgett begged John Brown to walk in; and finding
+that there was nothing high about him, and that he listened with the
+greatest interest to all her family details and reminiscences, she took
+courage to ask him to eat a bit of dinner with her and her daughter at
+two o'clock, after which she promised him the escort of her son-in-law,
+Mr Mogg, the principal (that was what they called them up at Nottingham,
+just as they did in Oxford, she observed) of the great stocking-house
+over the way. Such a man he was! she said; every bit as good as a book
+to a stranger; "he knowed every think and every body." John assured her
+such universal knowledge was not common among principals of houses in
+Oxford; and declared that he should appreciate the services of such a
+guide proportionately. And as an introduction to the whole family was
+just the thing he wanted, he at once accepted the invitation with many
+thanks. In short, an arrangement was made which pleased all parties;
+all, that is, with the exception of Mr Spriggins, the head shopman, who
+usually took his meals with the family, but on that day, to his great
+disgust, not being considered of quality to meet their unexpected guest,
+(not being a principal,) received intimation that his dinner would be
+served in the counting-house. The dinner passed off, no doubt, much more
+satisfactorily than more formal affairs of the kind. John had a good
+appetite and good-humour, and so had the old lady; and no doubt, even in
+Miss Hodgett's eyes, the young Oxonian was no bad substitute for Mr
+Spriggins. Even that gentleman, could he have foreseen all that was to
+follow from this visit, would have exchanged for his blandest smile the
+stern glance with which he regarded, from the little back window of the
+counting-house, the procession of John, with Miss Hodgett under his arm,
+from the drawing-room, to take the seat which should have been his;
+would have made him his most obsequious bow, and regarded him as the
+best customer that had ever come inside their doors.
+
+But perhaps I am wronging Mr Spriggins in assuming that he thought the
+usurper of his rights worthy of a glance at all: and certainly I am
+anticipating my story. John dined with the old lady; drank her currant
+wine in preference to her port, ate her seed biscuits, and when Mr Mogg,
+in pursuance of a message from his mother-in-law, called to renew in his
+own person the offer to show his relation's distinguished friend, (Mrs
+Hodgett had hinted her suspicions that John Brown was a nobleman,) he
+was ready, though rather sleepy, to commence his lionizing. Mr Mogg was
+exceedingly civil, showed him every thing worth seeing, from the castle
+to the stocking-frames; and by the time they returned together to supper
+at the old lady's, they had become very thick indeed. John called the
+next day and took his leave of both parties, with a promise not to pass
+through Nottingham without renewing his acquaintance, and that he would
+not fail to mention to his friend the dean how much he had been
+gratified by his reception; both which pledges he scrupulously redeemed.
+
+Mr Hodgett's indignation was unbounded; if the united powers of
+vice-chancellor, doctors, proctors, and convocation, could, by rummaging
+up some old statute, have expelled John Brown for paying a visit to
+Nottingham, he would have moved the university to strive to effect it.
+Happily these powers never are united, or there is no saying what they
+might not do. So John remained a member of the college still. The dean
+seldom looked at him if he could help it; he tried once the soothing
+system by praising him at collections, but it only elicited from John a
+polite enquiry after Mr and Mrs Mogg.
+
+What man could do to extricate himself from his unfortunate position,
+the dean did. He wrote off immediately to his mother, entreating her, by
+her hopes of his advancement in life, not to allow the name of Hodgett
+to be any longer contaminated by any touch of linen-drapery. He
+suggested that she should at once make over the business to her foreman,
+Spriggins, reserving to herself an interest in the profits, and retire
+to a small and genteel cottage in the suburbs, where no impertinent
+intruder could detect the linen-draper's widow. She, worthy old soul,
+though it did grieve her, no doubt, to part with her shop, in which were
+centred the interests and associations of so many years, yet would have
+set fire to it with her own hands, and emigrated to America--though she
+knew it only as a place where banks always broke, and people never paid
+their debts--if it could in anyway have furthered his interests whom she
+loved better than he deserved. She always looked upon him as a
+gentleman, and did not wonder he wished to be one, though she herself
+had no manner of taste for becoming a lady.
+
+But in the simplicity of her heart, she planned that even this sacrifice
+to her motherly affection might be turned to some account in the way of
+trade. Accordingly, there appeared in the _Nottingham Herald_ an
+advertisement, extending across two columns, headed with imposing
+capitals, by which the public were informed that Mrs Hodgett being about
+to decline her long-established linen-drapery business in favour of Mr
+Spriggins, the whole stock was to be turned into ready money
+immediately, "considerably below prime cost;" by which means the public
+had no doubt an opportunity of giving full value to Mrs H. for sundry
+old-fashioned patterns and faded remnants, which the incoming Spriggins
+would otherwise have "taken to" for a mere song.
+
+Now, since the time that John Brown began first to take so deep an
+interest in the Hodgett family, he had regularly invested fourpence
+weekly in a copy of the _Nottingham Herald_. By this means he had the
+satisfaction of congratulating the dean upon the birth of a nephew, in
+the person of a son and heir of the Moggs: and though so carefully did
+that gentleman avoid all communication with his tormentor, that he was
+obliged for two whole days to watch an opportunity to convey the
+intelligence; yet, as he finally succeeded in announcing it in the
+presence of the tutor of a neighbouring college, who was a profound
+genealogist and a great gossip, his pains, he declared, were
+sufficiently repaid. The eagerness with which he pounced upon the
+advertisement may be imagined; and finding, from a little _N. B._ at the
+bottom, that handbills with further particulars were to be had at the
+office, he lost no time in procuring half a dozen by post; and one
+morning the usual receptacles for university notices, the hall-door and
+the board by the buttery, were placarded with staring announcements, in
+red and black letters, six inches long, of Mrs HODGETT'S speculation.
+One was pushed under the dean's door; one stuck under the knocker at the
+principal's; one put into the college letterbox for "the senior
+common-room;" in short, had good Mrs Hodgett herself wished to have the
+college for her customers, she could hardly have distributed them more
+judiciously.
+
+In short, no pains were spared by John Brown to tease and worry the dean
+with all the particulars of his family history, which he would most have
+wished to bury in oblivion. And to do him justice, he in his turn spared
+no pains to get rid of John Brown. He would have allowed him to cut
+lectures and chapels _ad libitum_, if he thus could have spared all
+personal intercourse, and escaped his detested civilities. Finding that
+would not do, he tried the opposite course, and endeavoured either to
+get him rusticated at once, or to disgust him with the college, and thus
+induce him to take his name off. John was cautious--very cautious; but a
+war against the powers that be, is always pretty much of an uphill game;
+and so at last it proved in his case.
+
+John had another enemy in the college, of his own making too; this was
+Mr Silver, the junior tutor. He was a man of some scholarship and much
+conceit; took a first class when very young, having entered college a
+mere schoolboy, and read hard; got his appointment as tutor soon after,
+and sneered at older men on the strength of it. He pretended to be
+exceedingly jocular and familiar with his pupils, but was really always
+on the alarm for his dignity. His great delight was to impress the
+freshmen with an idea of his abilities and his condescension. "Always
+come to me, Mr ----, if you find any difficulties in your reading--I
+shall be most happy to assist you." This language, repeated to all in
+turn, was, not unnaturally, literally understood by the matter-of-fact
+John Brown; who, perhaps, could see no good reason why a college tutor
+should _not_ be ready to aid, as far as he could, the private studies of
+those who are so often in want of sensible advice and encouragement.
+However, it did not occur to him, when he took up to Mr Silver's rooms
+one morning after lecture, a passage that had puzzled him, that he was
+doing a very odd thing, and that the tutor thought so. As these
+consultations became more frequent, however, he began to perceive, what
+other men were not slow to tell him, that Mr Silver thought him a bore.
+And the moment this flashed upon him, with his unfortunate antipathy to
+any thing like humbug, he began another war of independence. He selected
+crabbed passages; got them up carefully by the help of translations,
+scholiasts, and clever friends; and then took them up hot to Mr Silver.
+And when he detected him slurring a difficulty instead of explaining it,
+or saying there was no difficulty at all, John would bring up against
+him his array of objections to this or that rendering, and arguments for
+and against various readings, &c., till Mr Silver found himself fairly
+out of his depth. At first this puzzled him, and he very nearly
+committed the mistake of pronouncing John Brown a first-rate scholar in
+the common-room; but when he found his performance at lecture did not by
+any means keep pace with the remarkable erudition sometimes displayed by
+him in private, he began in his turn to suspect the trick. He dared not
+refuse to play his part, when called upon, in these learned discussions,
+though he dreaded them more and more; for his college reputation was at
+stake, and there were some among the older fellows who looked upon him
+as rather an assuming young man for understanding what they did not
+pretend to, and would have been glad to have had a joke against him; but
+he began cordially to hate John Brown; he gave him all the difficult
+bits he could at lecture; sneered at him when he dared; and practised
+all those amiable embellishments which make schoolmasters and tutors
+usually so beloved, and learning in all its branches so delightful.
+
+It is not to be wondered at, then, if John's kind friends somewhat
+damaged his reputation among the Dons, and watched their opportunity to
+annihilate him. It came, and they were down upon him at once. Some
+half-dozen noisy men, the survivors of a supper-party, had turned into
+Brown's rooms (he seldom sat up so late) for a parting cigar. Having
+accomplished this, they took it into their heads to dance a quadrille in
+the middle of the covered thoroughfare, for the benefit of the echo, to
+the music of six individual tunes sung in chorus. So strange a
+performance brought down some of the fellows; the men were not
+recognised, but traced to Brown's rooms. He refused to give up their
+names--was declared contumacious; and, in spite of the good-natured
+remonstrances of the principal and one or two of the others, his enemies
+obtained a majority in the common-room; and it was decided that John
+Brown was too dangerous a character to be allowed to remain in college
+during vacation. But they had not got rid of him yet.
+
+About two miles out of Oxford, on the C---- road, if any one takes the
+trouble to turn up a narrow lane, and then follow a footpath by the side
+of the canal, he will come to one of the most curious-looking farmhouses
+that he (or at least I) ever met with. It is a large rambling
+uninhabited-looking place; the house, as is not unusual, forming one
+side of a square enclosure, of which the barns and outhouses make up the
+rest. The high blank walls of these latter, pierced only here and there
+by two or three of the narrowest possible lancet-holes, give it
+something the air of a fortification. Indeed, if well garrisoned, it
+would be almost as strong a post as the Chateau of Hougoumont; with this
+additional advantage, that it has a moat on two sides of it, and a
+canal, only divided from it by a narrow towing-path, on a third. The
+front (for it has a front, though, upon my first visit, it took me some
+time to find it, it being exactly on the opposite side to the approach
+at present in use, and requiring two pretty deep ditches to be crossed,
+in order to get at it from the direction)--the front only has any
+regular windows; and of these, most of the largest are boarded up,
+(some, indeed, more substantially closed with brick and mortar) in order
+to render it as independent as possible of the glazier and the assessor
+of taxes. There is a little bridge, very much decayed, thrown across the
+narrow moat to what was, in former days, the main entrance; but now the
+door was nailed up, the bridge ruinous, and the path leading to it no
+longer distinguishable in the long rank grass that covered the wet
+meadows upon which the house looked out. It was a place that filled you
+involuntarily with melancholy feelings; it breathed of loneliness and
+desolation, changed times and fallen fortunes. I never beheld it but I
+thought of Tennyson's "Mariana in the moated Grange"--
+
+    "Unlifted was the clicking latch,
+    Weeded and worn the ancient thatch
+    Upon the lonely moated Grange."
+
+Brown and I, in some of our peregrinations, had stumbled upon this old
+house; and after having walked round it, and speculated upon its
+history, made our way through an open door into the spacious court-yard.
+If the outside looked desolate, however, the interior was lively enough:
+cattle, pigs, geese, ducks, and all the ordinary appurtenances of a
+well-stocked farm, gave token that the old place was still tenanted; and
+a large mastiff, who stalked towards us with a series of enquiring
+growls, evidently demanding our business, and suspicious of our good
+intentions, made us not at all sorry to see a stout good-natured-looking
+dame, a perfect contradiction to the poet's woe-worn "Mariana," who,
+after bidding Boxer hold his noise, volunteered a compendious history of
+herself and husband in answer to our simple question as to the name of
+the place. How good Farmer Nutt and herself had lived there for the last
+seventeen years; how the old place belonged to Squire somebody, and
+folks said that some gentry used to live in it in times past; what a
+lonesome-like life they thought it when they first came, after living in
+the gay town of Abingdon; how, by degrees, they got to think it pretty
+comfortable, and found the plashy meadows good pasturage, and the house
+"famous and roomy-like;" this, and much besides, did we listen to
+patiently, the more so because an attempt or two at interruption only
+served to widen the field of her discourse. The wind-up of it all,
+however, was, that we were asked to walk in and sit down, and so we did.
+A civil farmer's wife, a very common character in most parts of England,
+is, I am sorry to say, somewhat too much of a rarity about Oxford;
+whether their tempers are too severely tried by the "fast men," who hunt
+drags and ride steeple-chases to the detriment of young wheat and
+new-made fences; or by the reading-men, who, in their innocence, make
+pertinacious visits in search of strawberries and cream in the month of
+March, or call for the twentieth time to enquire the nearest way to
+Oxford, (being ignorant of all topography but that of ancient Rome and
+Athens;) or whether they regard all gownsmen as embryo parsons and
+tithe-owners, and therefore hereditary enemies; whatever be the reason,
+it generally requires some tact to establish any thing like a friendly
+relation with a farmer or his wife in the neighbourhood of the
+university. However, Mrs Nutt was an exception; and nothing could exceed
+the heartiness with which she set out her best wheaten bread and rich
+Gloucester cheese, and particular ale--an advance towards further
+acquaintance which we met with due readiness. In short, so well were we
+pleased with the good dame's hospitable ways, and her old-fashioned
+house, and even with her good-humoured loquacity, that our first visit
+was not our last. The farmer himself, a quiet, good-natured, honest
+yeoman of about sixty, who said very little indeed when his wife was
+present, (he had not much chance,) but could, when disposed, let out
+many a droll story of "College Gents" in bygone days, when he was a
+brewer's apprentice at Abingdon, came, by invitation, to taste the
+college tap, and carried home in each pocket a bottle of wine for "the
+missus."
+
+When John Brown, Esquire, found his intentions of wintering within the
+walls of ---- so unexpectedly defeated, he cast about diligently in his
+own mind for a resting-place for himself, his books, and a nondescript
+animal which he called a Russian terrier. Home he was determined not to
+go--any where within the boundaries of the University, the College were
+equally determined he should not stay; and we all settled that he would
+fix himself for the vacation either at Woodstock, or Ensham, or
+Abingdon; the odds were in favour of the latter place, for John was a
+good judge of ale. It was not, therefore, without considerable
+astonishment that one morning, at breakfast in my room, after devouring
+in rigid silence a commons of broiled ham for two, and the last number
+of _Pickwick_, (John seldom laughed, but read "Boz" as gravely as he
+would Aristotle,) we heard him open his heart as follows:--
+
+"I say, old fellow, where do you think I am going to put up this
+vacation?"
+
+"Really, John, you're such an odd fellow it's impossible to guess; if it
+had been summer, I shouldn't have been at all surprised to hear of your
+having pitched a tent at Bullingdon, or hired a house-boat, and lived
+Chinese fashion on the river; but I suppose you would hardly think of
+that plan at this time of the year."
+
+"Nonsense, man; you know the Moated Grange, as you call it--old
+Nutt's!--I've taken lodging there."
+
+"The Grange! Well, there's no accounting for tastes; but if there were
+any empty rooms in the county jail, I almost think I should prefer them,
+especially when one might possibly get board and lodging there gratis."
+
+"Don't be absurd; I shall be very comfortable there. I'm to have two
+rooms up-stairs, that will look very habitable when they've cleaned down
+the cobwebs, and got rid of the bats; Farmer Nutt is going to lay poison
+for the rats to-night, and I can go in, if I like, on Monday."
+
+"Upon my honour, John, Chesterton and I can never come and see you in
+that miserable hole."
+
+"Don't, then; I'm going there to read: I sha'n't want company."
+
+It turned out that he was really in earnest; and the day after the
+University term was ended, the Grange received its new tenant. We went
+down there to instal him; it was the first time Chesterton had seen the
+place, and he was rather envious of our friend's selection, as he
+followed him up-stairs into the quaint old chambers, to which two
+blazing log-fires, and Mrs Nutt's unimpeachable cleanliness, had
+imparted an air of no little comfort. The old oaken floor of the
+sitting-room had been polished to something like its original richness
+and brilliancy of hue, and reflected the firelight in a way that warmed
+you to look at it. There was not a cobweb to be seen; and though old
+Bruin snuffed round the room suspiciously, Farmer Nutt gave it as his
+conscientious opinion that every rat had had a taste of the "pyson."
+There was no question but that if one could get over the dulness of the
+place, as far as accommodation went there need be little cause to
+complain.
+
+"I shall get an 18-gallon of Hall and Tawney, and hire an easy-chair,"
+said John, "and then _won't_ I read?"
+
+Full of these virtuous resolutions we left him; and how he got on there
+my readers shall hear another day.
+
+                                        H.
+
+
+
+
+THE TOMBLESS MAN. A DREAM.
+
+BY DELTA.
+
+
+    I.
+
+    I woke from sleep at midnight, all was dark,
+    Solemn, and silent, an unbroken calm;
+    It was a fearful vision, and had made
+    A mystical impression on my mind;
+    For clouds lay o'er the ocean of my thoughts
+    In vague and broken masses, strangely wild;
+    And grim imagination wander'd on
+    'Mid gloomy yew-trees in a churchyard old,
+    And mouldering shielings of the eyeless hills,
+    And snow-clad pathless moors on moonless nights,
+    And icebergs drifting from the sunless Pole,
+    And prostrate Indian villages, when spent
+    The rage of the hurricane has pass'd away,
+    Leaving a landscape desolate with death;
+    And as I turn'd me to my vanish'd dream,
+    Clothed in its drapery of gloom, it rose
+    Upon my spirit, dreary as before.
+
+
+    II.
+
+    Alone--alone--a desolate dreary wild,
+    Herbless and verdureless; low swampy moss,
+    Where tadpoles grew to frogs, for leagues begirt
+    My solitary path. Nor sight nor sound
+    Of moving life, except a grey curlew--
+    As shrieking tumbled on the timid bird,
+    Aye glancing backward with its coal-black eye,
+    Even as by imp invisible pursued--
+    Was seen or heard; the last low level rays
+    Of sunset, gilded with a blood-red glow
+    That melancholy moor, with its grey stones
+    And stagnant water-pools. Aye floundering on,
+    And on, I stray'd, finding no pathway, save
+    The runlet of a wintry stream, begirt
+    With shelvy barren rocks; around, o'erhead,
+    Yea every where, in shapes grotesque and grim,
+    Towering they rose, encompassing my path,
+    As 'twere in savage mockery. Lo, a chasm
+    Yawning, and bottomless, and black! Beneath
+    I heard the waters in their sheer descent
+    Descending down, and down; and further down
+    Descending still, and dashing: Now a rush,
+    And now a roar, and now a fainter fall,
+    And still remoter, and yet finding still,
+    For the white anguish of their boiling whirl,
+    No resting-place. Over my head appear'd,
+    Between the jagged black rifts bluely seen,
+    Sole harbinger of hope, a patch of sky,
+    Of deep, clear, solemn sky, shrining a star
+    Magnificent; that, with a holy light,
+    Glowing and glittering, shone into the heart
+    As 'twere an angel's eye. Entranced I stood,
+    Drinking the beauty of that gem serene,
+    How long I wist not; but, when back to earth
+    Sank my prone eyes--I knew not where I was--
+    Again the scene had shifted, and the time,
+    From midnight to the hour when earliest dawn
+    Gleams in the orient, and with inky lines
+    The trees seem painted on the girding sky.
+
+
+    III.
+
+    A solemn hour!--so silent, that the sound
+    Even of a falling leaflet had been heard,
+    Was that, wherein, with meditative step,
+    With uncompanion'd step, measured and slow,
+    And wistful gaze, that to the left, the right,
+    Was often turn'd, as if in secret dread
+    Of something horrible that must be met--
+    Of unseen evil not to be eschew'd--
+    Up a long vista'd avenue I wound,
+    Untrodden long, and overgrown with moss.
+    It seem'd an entrance to the hall of gloom;
+    Grey twilight, in the melancholy shade
+    Of the hoar branches, show'd the tufted grass
+    With globules spangled of the fine night-dew--
+    So fine--that even a midge's tiny tread
+    Had caused them trickle down. Funereal yews
+    Notch'd with the growth of centuries, stretching round
+    Dismal in aspect, and grotesque in shape,
+    Pair after pair, were ranged: where ended these,
+    Girdling an open semicircle, tower'd
+    A row of rifted plane-trees, inky-leaved
+    With cinnamon-colour'd barks; and, in the midst,
+    Hidden almost by their entwining boughs,
+    An unshut gateway, musty and forlorn;
+    Its old supporting pillars roughly rich
+    With sculpturings quaint of intermingled flowers.
+
+
+    IV.
+
+    Each pillar held upon its top an urn,
+    Serpent-begirt; each urn upon its front
+    A face--and such a face! I turn'd away--
+    Then gazed again--'twas not to be forgot:--
+    There was a fascination in the eyes--
+    Even in their stony stare; like the ribb'd sand
+    Of ocean was the eager brow; the mouth
+    Had a hyena grin; the nose, compress'd
+    With curling sneer, of wolfish cunning spake;
+    O'er the lank temples, long entwisted curls
+    Adown the scraggy neck in masses fell;
+    And fancy, aided by the time and place,
+    Read in the whole the effigies of a fiend--
+    Who, and what art thou? ask'd my beating heart--
+    And but the silence to my heart replied!
+    That entrance pass'd, I found a grass-grown court,
+    Vast, void, and desolate--and there a house,
+    Baronial, grim, and grey, with Flemish roof
+    High-pointed, and with aspect all forlorn:--
+    Four-sided rose the towers at either end
+    Of the long front, each coped with mouldering flags:
+    Up from the silent chimneys went no smoke;
+    And vacantly the deep-brow'd windows stared,
+    Like eyeballs dead to daylight. O'er the gate
+    Of entrance, to whose folding-doors a flight
+    Of steps converging led, startled I saw,
+    Oh, horrible! the same reflected face
+    As that on either urn--but gloomier still
+    In shadow of the mouldering architrave.
+
+
+    V.
+
+    I would have turn'd me back--I would have fled
+    From that malignant, yet half-syren smile;
+    But magic held me rooted to the spot,
+    And some inquisitive horror led me on.--
+    Entering I stood beneath the spacious dome
+    Of a round hall, vacant, save here and there,
+    Where from the panelings, in mouldy shreds,
+    Hung what was arras loom-work; weather-stains
+    In mould appear'd on the mosaic floors,
+    Of marble black and white--or what was white,
+    For time had yellow'd all; and opposite,
+    High on the wall, within a crumbling frame
+    Of tarnish'd gold, scowl'd down a pictured form
+    In the habiliments of bygone days--
+    With ruff, and doublet slash'd, and studded belt--
+    'Twas the same face--the Gorgon curls the same,
+    The same lynx eye, the same peak-bearded chin,
+    And the same nose, with sneering upward curl.
+
+
+    VI.
+
+    Again I would have turned to flee--again
+    Tried to elude the snares around my feet;
+    But struggling could not--though I knew not why,
+    Self-will and self-possession vaguely lost.--
+    Horror thrill'd through me--to recede was vain;
+    Fear lurk'd behind in that sepulchral court,
+    In its mute avenue and grave-like grass;
+    And to proceed--where led my onward way?
+    Ranges of doorways branch'd on either side,
+    Each like the other:--one I oped, and lo!
+    A dim deserted room, its furniture
+    Withdrawn; gray, stirless cobwebs from the roof
+    Hanging; and its deep windows letting in
+    The pale, sad dawn--than darkness drearier far.
+    How desolate! Around its cornices
+    Of florid stucco shone the mimic flowers
+    Of art's device, carved to delight the eyes
+    Of those long since but dust within their graves!
+    The hollow hearth-place, with its fluted jambs
+    Of clammy Ethiop marble, whence, of yore,
+    Had risen the Yule-log's animating blaze
+    On festal faces, tomb-like, coldly yawn'd;
+    While o'er its centre, lined in hues of night,
+    Grinn'd the same features with the aspick eyes,
+    And fox-like watchful, though averted gaze,
+    The haunting demon of that voiceless home!
+
+
+    VII.
+
+    How silent! to the beating of my heart
+    I listen'd, and nought else around me heard.
+    How stirless! even a waving gossamer--
+    The mazy motes that rise and fall in air--
+    Had been as signs of life; when, suddenly,
+    As bursts the thunder-peal upon the calm,
+    Whence I had come the clank of feet was heard--
+    A noise remote, which near'd and near'd, and near'd--
+    Even to the threshold of that room it came,
+    Where, with raised hands, spell-bound, I listening stood;
+    And the door opening stealthily, I beheld
+    The embodied figure of the phantom head,
+    Garb'd in the quaint robes of the portraiture--
+    A veritable fiend, a life in death!
+
+
+    VIII.
+
+    My heart stood still, though quickly came my breath;
+    Headlong I rush'd away, I knew not where;
+    In frenzied hast rushing I ran; my feet
+    With terror wing'd, a hell-hound at my heels,
+    Yea! scarce three strides between us. Through a door
+    Right opposite I flew, slamming its weight,
+    To shut me from the spectre who pursued:
+    And lo! another room, the counterpart
+    Of that just left, but gloomier. On I rush'd,
+    Beholding o'er its hearth the grinning face,
+    Another and the same; the haunting face
+    Reflected, as it seem'd, from wall to wall!
+    There, opening as I shut, onward he came,
+    That Broucoloka, not to be escaped,
+    With measured tread unwearied, like the wolf's
+    When tracking its sure prey: forward I sprang,
+    And lo! another room--another face,
+    Alike, but gloomier still; another door,
+    And the pursuing fiend--and on--and on,
+    With palpitating heart and yielding knees,
+    From room to room, each mirror'd in the last.
+    At length I reach'd a porch--amid my hair
+    I felt his desperate clutch--outward I flung--
+    The open air was gain'd--I stood alone!
+
+
+    IX.
+
+    That welcome postern open'd on a court--
+    Say rather, grave-yard; gloomy yews begirt
+    Its cheerless walls; ranges of headstones show'd,
+    Each on its hoary tablature, half hid
+    With moss, with hemlock, and with nettles rank,
+    The sculptured leer of that hyena face,
+    Softening as backwards, through the waves of time,
+    Receded generations more remote.
+    It was a square of tombs--of old, grey tombs,
+    (The oldest of an immemorial date,)
+    Deserted quite--and rusty gratings black,
+    Along the yawning mouths of dreary vaults--
+    And epitaphs unread--and mouldering bones.
+    Alone, forlorn, the only breathing thing
+    In that unknown, forgotten cemetery,
+    Reeling, I strove to stand, and all things round
+    Flicker'd, and wavering, seem'd to wane away,
+    And earth became a blank; the tide of life
+    Ebbing, as backward ebbs the billowy sea,
+    Wave after wave, till nought is left behind,
+    Save casual foam-bells on the barren sand.
+
+
+    X.
+
+    From out annihilation's vacancy,
+    (The elements, as of a second birth,
+    Kindling within, at first a fitful spark,
+    And then a light which, glowing to a blaze,
+    Fill'd me with genial life,) I seemed to wake
+    Upon a bed of bloom. The breath of spring
+    Scented the air; mingling their odours sweet,
+    The bright jonquil, the lily of the vale,
+    The primrose, and the daffodil, o'erspread
+    The fresh green turf; and, as it were in love,
+    Around the boughs of budding lilac wreathed
+    The honeysuckle, rich in earlier leaves,
+    Gold-tinctured now, for sunrise fill'd the clouds
+    With purple glory, and with aureate beams
+    The dew-refreshen'd earth. Up, up, the larks
+    Mounted to heaven, as did the angel wings
+    Of old in Jacob's vision; and the fly,
+    Awakening from its wintry sleep, once more
+    Spread, humming, to the light its gauzy wings.
+
+
+    XI.
+
+    A happy being in a happy place,
+    As 'twere a captive from his chains released,
+    His dungeon and its darkness, there I lay
+    Nestling, amid the sun-illumined flowers,
+    Revolving silently the varied scenes,
+    Grotesque and grim, 'mid which my erring feet
+    Had stumbled; and a brightness darting in
+    On my mysterious night-mare, something told
+    The what and wherefore of the effigies grim--
+    The wolfish, never-resting, tombless man,
+    Voicelessly haunting that ancestral home--
+    Yea of his destiny for evermore
+    To suffer fearful life-in-death, until
+    A victim suffer'd from the sons of men,
+    To soothe the cravings of insatiate hell;
+    An agony for age undergone--
+    An agony for ages to be borne,
+    Hope, still elusive, baffled by despair.
+
+
+    XII.
+
+    Thus as an eagle, from the altitude
+    Of the mid-sky, its pride of place attain'd,
+    Glances around the illimitable void,
+    And sees no goal, and finds no resting-place
+    In the blue, boundless depths--then, silently,
+    Pauses on wing, and with gyrations down
+    And down descends thorough the blinding clouds,
+    In billowy masses, many-hued, around
+    Floating, until their confines past, green earth
+    Once more appears, and on its loftiest crag
+    The nest, wherein 'tis bliss to rest his plumes
+    Flight-wearied--so, from farthest dreamland's shores,
+    Where clouds and chaos form the continents,
+    And reason reigns not, Fancy back return'd
+    To sights and sounds familiar--to the birds
+    Singing above--and the bright vale beneath,
+    With cottages and trees--and the blue sky--
+    And the glad waters murmuring to the sun.
+
+
+
+
+FRENCH SOCIALISTS.[28]
+
+
+Socialism, as well in this country as in France, may be regarded as an
+offset of the French Revolution. It is true that, in all times, the
+striking disparity between the conditions of men has given rise to
+Utopian speculations--to schemes of some new order of society, where the
+comforts of life should be enjoyed in a more equalized manner than seems
+possible under the old system of individual efforts and individual
+rights; and it may be added that, as this disparity of wealth becomes
+more glaring in proportion as the disparity of intelligence and
+political rights diminishes, such speculations may be expected in these
+later times to become more frequent and more bold. Nevertheless we
+apprehend that the courage or audacity requisite to attempt the
+realization of these speculative schemes, must confess its origin in the
+fever-heat of the French Revolution. It required the bold example of
+that great political subversion to prompt the design of these social
+subversions--to familiarize the mind with the project of reducing into
+practice what had been deemed sufficiently adventurous as reverie.
+
+What a stride has been taken since those olden times, when the
+philosophic visionary devised his Utopian society with all the freedom,
+because with all the irresponsibility, of dreams! He so little
+contemplated any practical result, that he did not even venture to bring
+his new commonwealth on the old soil of Europe, lest it should appear
+too strange, and be put out of countenance by the broad reality: but he
+carried it out to some far-off island in the ocean, and created a new
+territory for his new people. A chancellor of England, the high
+administrator of the laws of property, could then amuse his leisure with
+constructing a Utopia, where property, with all its laws, would undergo
+strange mutation. How would he have started from his woolsack if any one
+had told him that his design would be improved upon in boldness, and
+that such men as his own carpenter and mason would set about the
+veritable realization of it! At the present time nothing is more common
+or familiar than the project of changing entirely the model of society.
+"To subvert a government," writes M. Reybaud of his own country men, "to
+change a dynasty or a political constitution, is now an insignificant
+project. Your socialist is at peace with kings and constitutions; he
+merely talks in the quietest manner imaginable of destroying every
+thing, of uprooting society from its very basis."
+
+Indeed, if the power of these projectors bore any proportion to their
+presumption, our neighbours would be in a most alarming condition. To
+extemporize a social system, a new humanity, or at least a new
+Christianity, is now as common as it was formerly, on leaving college,
+to rhyme a tragedy. The social projector, sublimely confident in
+himself, seems to expect to realize, on a most gigantic scale, the fable
+of Mesmerism; he will put the whole world in _rapport_ with him, and it
+shall have no will but his, and none but such blind, imitative movements
+as he shall impress on it. And it is to a sort of _coma_ that these
+projectors would, for the most part, reduce mankind--a state where there
+is some shadow of thought and passion, but no will, no self-direction,
+no connexion between the past and present--a state aimless, evanescent,
+and of utter subjugation. Fortunately these social reformers, however
+daring, use no other instruments of warfare than speech and pamphlets;
+they do not betake themselves to the sharp weapons of political
+conspiracy. They must be permitted, therefore, to rave themselves out.
+And this they will do the sooner from their very number. There are too
+many prophets; they spoil the trade; the Mesmerizers disturb and
+distract each other's efforts; the _fixed idea_ that is in them will not
+fix any where else. Those who, in the natural order of things, should
+be dupes, aspire to be leaders, and the leaders are at a dead struggle
+for some novelty wherewith to attract followers. We have, for instance,
+M. Pierre Leroux, most distinguished of the _Humanitarians_, the last
+sect which figures on the scene, bidding for disciples--with what, will
+our readers think?--with the doctrine of metempsychosis! It is put
+forward as a fresh inducement to improve the world we live in, that we
+shall live in it again and again, and nowhere else, and be our own most
+remote posterity. We are not assured that there is any thread of
+consciousness connecting the successive apparitions of the same being;
+yet some slight filament of this kind must be traceable, for we are
+informed that M. Leroux gives himself out to have been formerly Plato.
+He has advanced thus far in the scale of progression, that he is at
+present M. Leroux.[29]
+
+Still the frequent agitation of these social reforms cannot be, and has
+not been, without its influence on society. It is from this influence
+they gain their sole importance. Such schemes as those of St Simon, of
+Fourier, and of our own Robert Owen, viewed as projects to be realized,
+are not worth a serious criticism. In this point of view they are
+considered, at least in this country, as mere nullities. No one
+questions here whether they are feasible, or whether, if possible, they
+would be propitious to human happiness. But the constant agitation in
+society of such projects may be no nullity--may have, for a season, an
+indisputable and very pernicious influence. As systems of doctrine they
+may not be ineffective, nor undeserving of attention; and in this light
+M. Reybaud, in the work we now bring before our readers, mainly
+considers them.
+
+M. Reybaud has given us a sketch of the biography and opinions of the
+most celebrated of those men who have undertaken to produce a new scheme
+of human life for us; he has introduced his description of them and
+their projects by some account of the previous speculations, of a
+kindred nature indeed, but conducted in a very different spirit, of
+Plato, Sir Thomas More, and others; and he has accompanied the whole
+with observations of his own, which bear the impress of a masculine
+understanding, a candid judgment, and a sound, healthy condition of the
+moral sentiments. The French Academy has distinguished the work by
+according to it the Montyon prize--a prize destined annually to the
+publication judged most beneficial to morals; and in this judgment of
+the Academy every private reader, unless he has some peculiar morality
+of his own, will readily acquiesce.
+
+Our author is not one of those who at once, and without a question,
+reject all schemes for the amelioration of society; nor has he sat down
+to write the history of these social reformers for the mere purpose of
+throwing on them his contempt or irony. He has even been accused, it
+seems, by some of his critics, of manifesting too much sympathy with the
+enthusiasts he has undertaken to describe. He tells us, in the preface
+to his second edition, that he has encountered the contradictory
+accusations of being too severe, and too indulgent, towards them; from
+which he concludes, that he cannot have widely departed from the tone
+which truth and impartiality would prescribe. This is a conclusion which
+authors are very apt to draw; they very conveniently dispatch their
+several critics by opposing them to each other. But this conclusion may
+be drawn too hastily. Two contradictory accusations do not always
+destroy each other, even when they are made by judges equally
+competent. The inconsistency may be in the author himself, who may, in
+different portions of his work, have given foundation for very opposite
+censures. In the present case, although we have already intimated that
+M. Reybaud writes with a spirit of fairness and candour, we cannot admit
+him to the full benefit of the conclusion he draws in his own favour,
+from the opponent criticisms he has met with. There are individual
+passages in his work which it would be difficult to reconcile with each
+other, and which invite very different criticisms. On some occasions he
+appears to attribute a certain value to these tentatives at social
+reform, and intimates that they may probably be the precursors, or may
+contain the germ, of some substantial improvement; whilst at other
+times, he scourges them without pity or compunction, as a species of
+moral pestilence. He seems not to have been able, at all moments, to
+defend himself from the _vertige_ which possesses the personages of whom
+he is writing; like a certain historian of witchcraft, whom we have
+somewhere read of, who had so industriously studied his subject that a
+faith in the black art imperceptibly gained upon him. The narrative goes
+on to say, that the unfortunate historian of witchcraft attempted to
+practise the knowledge he had obtained, and was burned for a wizard. But
+there the analogy will certainly fail. M. Reybaud soon recovers from the
+visionary mood, and wakes himself thoroughly by inflicting the lash with
+renewed vigour upon all the other dreamers around him.
+
+This shadow of inconsistency is still more perceptible when speaking of
+the lives and _characters_ of his socialists. Sometimes the reader
+receives the impression that an egregious vanity, an eccentric ambition,
+and perhaps a little touch of monomania, would complete the picture, and
+sufficiently explain that conduct, of a hero of socialism. At another
+time his enthusiasts assume a more imposing aspect. St Simon sacrificing
+his fortune, abjuring the patronage of the court, dying in extreme
+poverty--Charles Fourier refusing all entrance into commerce that would
+implicate him with a vicious system, and pursuing to the end, amidst
+want and ridicule, the labours of social regeneration--our own Robert
+Owen quitting ease and fortune, and crossing the Atlantic for the New
+World, there to try, upon a virgin soil, his bold experiment of a new
+society;--these men rise before us endowed with a certain courage and
+devotion which ought to command our admiration. We see them in the light
+of martyrs to a faith which no one shares with them--sacrificing all,
+enduring all, for a hope which _is_ of this world, for schemes which
+they will never see realized, for a heaven which they may prophesy, but
+which they cannot enter; manifesting, in short, the same obstinacy of
+idea, and the same renouncement of self, which distinguish the founders
+of new religions. And indeed we are not disposed to deny, that in their
+character they may bear a comparison, in many points, with religious
+impostors. There is this striking difference, however, in the effect of
+their teaching: the religious impostor has often promised a paradise of
+merely voluptuous enjoyment, but he has promised it as the reward of
+certain self-denying virtues to be practised here on earth; whilst the
+socialist insists upon bringing his sensual ill-ordered paradise,
+wherein all virtue is dispensed with as superfluous, here, at once, upon
+this earth we have to live and toil in.
+
+The first volume of the work contains an account of the life and
+writings of St Simon, Fourier, and Owen. The second is very
+miscellaneous. We encounter, to our surprise, the name of Jeremy Bentham
+in the category of socialists, and are still more startled to learn that
+the Utilitarians derive their origin from Robert Owen! It is a jumble of
+all sects, religious and political, in which even our Quakers are
+included in the list of social reformers--our excellent _Friends_, who
+assuredly have no wish whatever to disturb the world, but seek merely to
+live in it as it is, with the additional advantage of being themselves
+particularly quiet and comfortable. But we are so accustomed to the
+haste of negligence of the majority of French writers whenever they
+leave their own soil, (unless the literature or concerns of a foreign
+country be their special subject,) that we are not disposed to pass any
+very severe censure on M. Reybaud; and still less should we do him the
+injustice to prejudge his qualifications as an historian of his own
+countrymen, by the measure of accuracy he may display in that part of
+his work which relates to England. It is a part of his work which we
+have but slightly perused; our attention has been confined to the
+socialists of France.
+
+Amongst these founders of society, and constructors of Mahometan
+paradises, Fourier is, we believe, the least known in this country. Some
+brief account of him will, we think, be acceptable; more especially as
+some of his ideas, leaving the narrow circle of his disciples, have
+found partisans amongst men who, in other respects, have a reputation
+for sobriety of thought. Our readers need not fear that we shall
+overwhelm them with all the institutions, plans, projects,
+arrangements--the complete _cosmogony_, in short, of this most laborious
+of the tribe. A very little of such matter is quite enough. One may say
+with truth that it is such stuff,
+
+    "Whereof a little more than a little
+    Is by much too much."
+
+Nothing is more charming to the imagination than the first general idea
+of some new community, where all men are to be happy, every body active,
+benevolent, reasonable. But the moment we leave this general idea, enter
+upon particulars, and set about the arrangements necessary for this
+universally comfortable state of things, there is nothing in the world
+more tedious and oppressive. Proposals for new political institutions
+are sufficiently wearisome; but proposals for earthly elysiums, which
+are to embrace the whole circle of human affairs, become insupportably
+dull. It is child's play, played with heavy granite boulders. No; if we
+were capable of being seduced for a moment into the belief of some
+golden age of equality, where a parental government, presiding over all,
+should secure the peace and prosperity of all, we should need no other
+argument to recover us from the delusion than simply to _read on_, and
+learn how this parental government intends to accomplish its purpose.
+When we find that, in order to be relieved from domestic cares, we are
+to have _no home at all_; that our parental government, in order to
+provide for our children, begins by taking them away from us; when we
+picture to ourselves the sort of wooden melancholy figures we must
+become, (something like the large painted dolls in a Dutch garden, stuck
+here and there without choice or locomotion of their own,) we speedily
+lose all inclination to enter upon this discipline of happiness. We quit
+with haste this enchanted garden, which turns out to be an enormous
+piece of clockwork, and embrace with renewed content the old state of
+personal freedom, albeit attended with many personal inconveniences.
+Whilst reading of Utopian schemes, the idea has very vividly occurred to
+us: suppose that some such society as this, where land and wives, money
+and children, are all in common, had been for a long time in existence,
+and that some clever Utopian had caught an inkling of the old system so
+familiar to us, and had made the discovery that it would be possible,
+without dissolving society, to have a wife of one's own, a house of
+one's own, land and children of one's own. Imagine, after an age of
+drowsy clockwork existence, one of these philosophers starting the idea
+of a free society, of a social organization based upon individual rights
+and individual effort--where property should not only be possessed, but
+really _enjoyed_--where men should for the first time stretch their
+limbs, and strain their faculties, and strive, and emulate, and endure,
+and encounter difficulties, and have friendships. What a commotion there
+would be! How would the younger sort, rebelling against the old rotten
+machine in which they had been incarcerated, form themselves into
+emigrating bands, and start forth to try upon some new soil their great
+experiment of a free life! How would they welcome toil in all its
+severity--how willingly practise abstinence, and suffer privation, for
+the sake of the bold rights which these would purchase!--how willingly
+take upon themselves the responsibility of their own fate to enjoy a
+fortune of their own shaping! Hope herself would start from the earth
+where she had been so long buried, and waving her rekindled torch, would
+lead on to the old _race_ of life!
+
+_Charles Fourier_ was the son of a woollen-draper at Besançon. Two
+circumstances in his early history appear to have made a strong
+impression upon him. When he was a child, he contradicted, in his
+father's shop, some customary falsehood of the trade, and with great
+simplicity revealed the truth; for this he was severely reprimanded.
+Afterwards, when he was of the age of nineteen, and a clerk in a
+merchant's house at Marseilles, he was present at a voluntary submersion
+of grain, made in order to raise the price in the market. These
+circumstances, he used to say, opened his eyes to the nature of human
+relations. Falsehood and selfishness, systematic falsehood and
+selfishness without a shadow of scruple, were at the basis of all our
+commercial dealings. It was time, he thought, that a new order of things
+should arise, founded upon veracity and a harmony of interests.
+
+For himself, his part was taken. He became the man of one idea. "We
+might rather say of him," writes M. Reybaud, "that he traversed the
+world, than that he lived in it." He refused to enter into any
+commercial dealings that might implicate him in the existing system, and
+warp his feelings in favour of it; and exercised to the last, for a bare
+subsistence, the mere mechanical employment of a copying clerk. He never
+understood the art of making for himself two separate existences: one in
+the domain of fiction or of thought; the other in the land of reality.
+He passed all that might be called his life in the ideal world of his
+own creating.
+
+According to Fourier, there is but one deep and all-pervading cause of
+the miseries of man: it is, that he does not comprehend the ways of God,
+or, in other words, the laws of his own being. If humanity does not
+_work well_, and with the same harmony that the planetary system
+exhibits, it is because he is determined to impress upon it other
+movements than those the Creator designed. Between the creature and the
+Creator there has been, as he expresses it, a misunderstanding for these
+five thousand years past.
+
+The great error, it seems, that has been committed, is the supposing
+that there are any passions of man which require to be restrained. God
+has made nothing ill--nothing useless. You have but to let these
+passions quite loose, and it will be found that they move in a beautiful
+harmony of their own. These _attractions_--such is his favourite
+word--are as admirably adjusted as those which rule over the course of
+the planets. _Duty_, he says, is human--it varies from epoch to epoch,
+from people to people. _Attraction_--that is to say, passion--is divine;
+and is the same amongst all people, civilized and savage, and in all
+ages, ancient and modern. At present the passions are compressed, and
+therefore act unhappily; in future, they shall be free, satisfied, and
+shall act according to the law they have received from God. To yield to
+their impulse is the only wisdom; to remove whatever obstacles society
+has placed in the way of their free exercise, is the great task of the
+reformer.
+
+Fourier does not hesitate to place himself by the side of Newton, in
+virtue of his discovery of this new law of attraction. If any comparison
+can be made, we think--inasmuch as to unravel the problem of humanity is
+a greater task than to elucidate the movements of the planets--that
+Fourier was warranted in placing himself infinitely above Newton.
+Unfortunately, there is this difference between the two, that Newton's
+law explains existing phenomena, while Fourier's explained phenomena
+that do _not_ exist--that are, however, to exist some day.
+
+Having established his fundamental law of the attraction of the
+passions, (which, he finds, amount to the number of twelve, and, in this
+respect, to bear some occult analogy to the sidereal system, the
+prismatic colours, and the gamut,) he has nothing to do but to set them
+fairly at work. This he does, and discovers that they form men into
+delightful communities, or _phalanges_, of about eighteen hundred men
+each. Here nothing shall be wanting. Whether it is love or labour,
+_attraction_ supplies all. "Labour will be a charm, a taste, a
+preference--in short, a passion. Each man will devote himself to the
+occupation that he likes--to twenty occupations, if he likes twenty. A
+charming rivalry, an enthusiasm always new, will preside over human
+labour, when, under the law of attraction, men will be associated by
+_groups_, the last social fraction--by _series_, which are the
+association of groups--by _phalanges_, which are the association of
+series."--(P. 123.)
+
+The dwelling-place of a _phalange_ will be called a _phalanstère_--an
+edifice commodious and elegant, wherein, while the convenient
+distribution of the interior will be first considered, the claims of
+architecture will not be forgotten. It will be a vast structure of the
+most beautiful symmetry, testifying by its magnificence to the splendour
+of the new life of which it is to be the scene. Galleries, baths, a
+theatre, every thing conducive to a pleasurable existence, will be found
+in it. A strict equality of wealth is no part of the scheme of our
+socialist; but every one will have a sufficiency, and will obtain
+apartments and provisions in the _phalanstère_ suitable to his fortune.
+M. Fourier further guarantees, that there shall be no vanity amongst the
+rich, and no mortification felt by the poorer brethren of the
+establishment.
+
+As to the expense of this _phalanstère_, M. Fourier undertakes to
+construct it for what the building of four hundred miserable cottages
+would cost, which would not accommodate a much greater number of
+individuals, and which would fall to pieces after a few years. And as to
+housekeeping, would not one enormous kitchen replace to advantage four
+hundred small and ill-appointed kitchens? one vast cellar four hundred
+little cellars? one gigantic washhouse four hundred damp, wretched
+outhouses, not worthy of the name? Add to which, that much may be done
+in these gigantic kitchens and washhouses by the judicious introduction
+of a steam-engine, which might also be employed in supplying all the
+apartments with water.
+
+Labour, proceeding with such facility, such ardour, such enthusiasm,
+as it will do in the _phalanstère_, must bring in enormous
+profits--quadruple, as M. Fourier thinks, of what our present
+ineffective means produce. It is in the division of these profits that
+our socialist has been thought particularly happy; here it is that he
+introduces his famous formula, "to associate men in capital, labour, and
+talent," (associer les hommes en capital, travail, et talent.) The whole
+profits of the community are first to be divided into three portions;
+one for capital, one for labour, and one for talent--say four-twelfths
+for capital, five-twelfths for labour, and three-twelfths for talent.
+The portion allotted to the capitalists can create no difficulty--it
+will be divided amongst them in proportion to the amount of capital they
+severally supply. But a difficulty presents itself in the distribution
+of the other two portions. Are all species of labour, and all
+descriptions of talent, to be equally remunerated, or by what rule shall
+their several rewards be determined? M. Fourier declares that the
+labours _necessary_ to the community shall be most highly recompensed;
+then those that are _useful_; and last of all, those which administer,
+as the fine arts, only to pleasure and amusement. For this determination
+he gives a sound reason, but one which we ought not to have heard from
+the centre of a _phalanstère_; it is, that necessary labours are nearly
+all of a repugnant nature, and should therefore be most amply rewarded.
+
+To determine the degree of talent the individual has displayed, the
+principle of election is called in. There is, however, a high order of
+talent which is considered quite apart. Great artists, great
+mechanicians, great writers--these belong to no _phalange_, but to
+humanity. The world will charge itself with their remuneration. They
+will be relieved from the usual condition of labour; and when, after a
+long repose, they have produced a work, (how it comes to be known what
+bird will lay the golden egg till the egg is laid, we are not told,)
+then will a jury, assembled at the metropolis of the world, which will
+be built on the site of Constantinople, vote them a recompense.
+"Imagine, for example, Jacquart or Watt, Newton or Corneille, presenting
+themselves before this august tribunal--Jacquart with his loom, Watt
+with his steam-engine, Newton with his theory of attractions, Corneille
+with his most beautiful tragedy. At the instant, to the exclusion of all
+delays and hazards of fame, there would be voted to these great men a
+remuneration, to be levied on all the _phalanges_. Suppose only five
+francs on each _phalange_, and that there were five hundred thousand
+_phalanges_ on the globe, the jury would have accorded a sum of
+2,500,000 francs; Jacquart would not have been compelled to die in a
+state bordering on indigence, after having enriched the universe."
+
+Fournier was in person short, thin, and pale, but his melancholy and
+pensive physiognomy bore traces of his long, unquiet, and ungrateful
+labours. A simple clerk, he did not venture, when he published his
+writings, to sign them with any other name than that of _Charles_,
+declaring himself ready, under that name, to answer any objections that
+might be addressed to him. Alas! there were few objections addressed to
+him; Charles got no readers; men pitied or ridiculed him as a visionary.
+Repulsed by the surrounding world, there remained nothing for him but to
+live in that creation of his own, in which, at all events, he reigned
+supreme. In his reveries he found his only happiness. He walked glorious
+in the midst of joyful enthusiastic multitudes, who saluted him as their
+benefactor, and proclaimed him as their sovereign; he spoke to these
+beings, the children of his dreams, in a language which he alone
+comprehended; he built his _phalanstère_, peopled, organized it;
+conducted himself the labours of his harmonic groups, founded his towns,
+his capitals, nay, his capital of the world, which he erected on the
+Bosphorus, uniting the east and west, the north and south. There he
+placed with his own hand the laurel, decreed by his million of
+phalanges, on the brow of the greatest philosopher of his age. "These
+festivals of the imagination," says M. Reybaud, "were the only pleasures
+that relived the long, and gloomy, and proud poverty of Fourier."
+
+One trait we cannot pass over, as it seems, so to speak, to have a
+psychological value. Such was his habit of ordering and arranging all
+things, that _Charles_ not only undertook to regulate the affairs of
+men, and redress the inequalities of their several destinies, but he
+took into his consideration the inequalities of the several climates of
+the earth, and very seriously occupied himself with redressing their
+anomalies. To him, as he walked the streets of Paris, the severe cold of
+the North Pole was disquieting, and a subject of uneasiness; it was part
+of his mission to temper and subdue it, and tame it for the habitation
+of men. Perhaps the heat from those gigantic kitchens in his
+_phalanstères_ might help him in his task. At all events, this and other
+gross atmospheric irregularities were not be endured in the world which
+he was planning.
+
+There are two things, M. Reybaud remarks, especially reprehensible in
+the theory of Fourier and of kindred socialists--First, the confounding
+happiness with enjoyment, and the legitimating of all our passions; and
+Secondly, the egregious expectation of moulding mankind by an external
+or social organization, without calling in aid the virtues of the
+individual. The one necessarily follows on the other. The chain of error
+is manifest, and leads, as a chain of error may be expected to do, to
+inextricable confusion. If mere enjoyment, if the gratification of our
+senses and passions, be the highest aim and condition of the human
+being, it follows that all moral discipline, all self-denial, must be
+regarded as so much defect, so much imperfection, so much manifest
+failure in the world-scheme. That lofty gratification which men have
+been accustomed to attribute to self-control, to abstinence practised
+under a sense of duty, or in the cause of justice, this is to be
+measured off as so much simple misery, or so much negation of enjoyment.
+Let all restraint be discarded: let man be free; but yet, as the good of
+the whole is to be consulted in all societies, and in the new society is
+consulted in an eminent degree, the individual thus released from all
+self-control must be ruled despotically, or, if you will, moulded,
+fashioned, mechanized by the laws of the community; for we suppose it
+will be admitted, whatever M. Fourier tells us of his discovered law of
+attraction, that a very stringent legislation must bind together that
+harmonic society, which begins by giving loose rein to all the passions
+of mankind. How the two are to be practically reconciled--how the utmost
+license of the individual is to be combined with the utmost and most
+minute supervision of the laws, we leave the socialist to determine.
+Such is the miserable tissue of error and confusion which these projects
+present to view.
+
+These socialists are fond of inventing new Christianities, and in some
+_salons_ in Paris it is, or was till very lately, the fashion to have a
+new Christianity propounded every full moon. New enough! They present at
+least a sufficient contrast with the old Christianity, and in no other
+point more than in this--the complete dependence for the formation of
+the character of individuals on the art of grouping and regimenting
+them. Christianity has supported for ages monastic institutions,
+institutions the most counter to the passions of men, solely by its
+strong appeal to the individual conscience. St Simonian institutions, or
+delightful _phalanstères_, will in vain flatter every passion and
+indulge every sense; if they leave the conscience inert, if nothing is
+built on the sense of duty, they will no sooner rise but they will
+crumble back again into dust.
+
+But we do not touch upon these fundamental errors of the socialists,
+with the superfluous view of showing the impossibility of realizing
+their schemes; we note them because their recognition demonstrates at
+once the ill influence which must attend on the teaching and constant
+agitation of such schemes. On the one hand, all our desires authorized,
+and self-control put out of countenance as a mere marplot; on the other
+hand, perpetual representations that a government or social organization
+could effect every thing, or almost every thing that can be desired for
+the happiness of man. What must follow but that men learn to indulge
+themselves in a very lax morality, and to make most extravagant demands
+on the government, or the legislative force of society? Their notions of
+right and wrong, and their ideas of the duty and office of government,
+become equally unsettled and erroneous.
+
+We have the authority of M. Reybaud--and we could bring other
+authorities if it were necessary--for saying that, in France, the habit
+of attributing the vices of individuals, not to their own weakness or
+ungoverned propensities, but to the malorganization of society, has
+shown itself in a strange and ominous indulgence to crime. It was the
+old fashion, he says, upon hearing of any enormity, to level our
+indignation against the perpetrator; it is now the mode, to direct it
+against that culpable abstraction, society. Society is, indeed, the sole
+culprit. When the novelist has detailed some horrible assassination, or
+gross adultery, he exclaims, Behold what society has done! The criminal
+himself passes scathless; if, indeed, he may not put in a claim to our
+especial sympathy, as having been peculiarly ill-used by that society,
+whose duty it manifestly was to make him wise, and humane, and happy.
+Man, in his individual capacity, is not to be severely criticised; the
+censure falls only upon man in his aggregate and corporate capacity.
+Polite, at all events. No one can possibly take offence at reproofs
+leveled at that invisible entity, the social body; or suppose for a
+moment that he is included in the censure. It used to be thought that
+the aggregate was made up of individuals, and that, in order to
+constitute a well-ordered community, there must be virtuous and
+well-ordered men. The reverse is now discovered to be the truth.
+_First_, have a well-ordered and divinely happy community, and then the
+individual may do as he likes; as our comedian says, "his duties will be
+pleasures."
+
+It is a perilous habit to fall into at the best--that of regarding the
+present condition of society as something doomed to destruction. But the
+evil is unmistakeable and most pernicious, when it is proclaimed, that
+in the new and expected order of things, the old morality will be
+entirely superfluous, a mere folly, an infliction on ourselves and
+others. Why take care of the old furniture, that will be worse than an
+incumbrance in the new premises? Why not begin at once the work of
+battery and destruction?
+
+The influence which these speculations exert in unsettling men's notions
+upon the duties of government, on the first principles of political or
+social economy, is less glaring, but not, on this account, the less
+prejudicial. Men, who are far from embracing entirely any one of the
+schemes of these socialists, fall into the habit of looking for the
+relief and amelioration of society to some legislative invention, some
+violent interference with the free and spontaneous course of human
+industry. The _organization of industry_ is the phrase now in high
+repute; repeated, it is true, with every variety of meaning, but always
+with the understanding, that government is to interfere more or less in
+the distribution of wealth, in the employment of capital, and the
+exercise of labour. The first principles on which modern civilization is
+based, are taxed as the origin of all the evils that afflict society.
+All our soundest maxims of political economy are discarded and
+disgraced. That each man shall be free in the choice and practice of his
+trade or calling--that the field of competition shall be open to
+all--that each individual shall be permitted to make the best bargain he
+can, whether for the wages of his labour or the price of his
+commodities--all these trite but invaluable maxims are incessantly
+decried, and nothing is heard of but the evils of competition, and the
+unequal recompense of labour. In their fits of impotent benevolence,
+these speculative physicians assail, as the cause of the existing
+distress, those principles which, in fact, are the conditions of all the
+prosperity we have attained, or can preserve, or can hope in future to
+attain.
+
+This title of the individual, whether workman or capitalist, to the
+control and conduct of his own affairs--this "fair field and no favour"
+system--is not to be described as if it were a mere theory of political
+economy, and disputable like some other branches of a science not yet
+matured. It is the great conquest of modern civilization; it is the
+indispensable condition to the full development of the activity and
+enterprise of man. The liberation of the artisan and the labourer, is
+the signal triumph of modern over ancient times whether we regard
+classic or Gothic antiquity. Viewing things on a large scale, it may be
+considered as a _late_ triumph; and, without depreciating its value, we
+may easily admit that there remains much to be done in the cultivation
+of the free artisan, to enable him to govern himself, and make the best
+of his position. But any scheme, which, under the pretext of
+ameliorating his position, would place him again under tutelage, is a
+scheme of degradation and a retrograde movement. He is now a freeman, an
+enrolled member of a civilized state, where each individual has, to a
+great extent, the responsibility thrown upon himself for his own
+well-being; he must have prospective cares, and grow acquainted with the
+thoughtful virtue of prudence. That release from reflection, and anxiety
+for the future, which is the compensating privilege of the slave or the
+barbarian, he cannot hope any longer to enjoy. Whatever its value, he
+must renounce it. He must become one of us, knowing good and evil,
+looking before and behind. In this direction--in the gradual improvement
+of the labourer--lies our future progress, progress slow and toilsome,
+little suited to the socialist who calculates on changing, as with the
+touch of a wand, the whole aspect of society.
+
+We said that some of the ideas of Charles Fourier had been adopted by
+men who do not exactly aspire to the rank of social reformers. We will
+give an instance, which at the same time will illustrate this tendency
+to introduce legislation on those very subjects from which it has been
+the effort of all enlightened minds, during the last century, to expel
+it. A M. Ducpetiaux, a Belgian, who comes vouched to us for a safe and
+respected member of society by the number of titles, official and
+honorary, appended to his name, in a voluminous and chiefly statistical
+work, _Sur la Condition des Jeunes Ouvriers_, wherein his views are in
+the main temperate and judicious, declares himself a partisan of some
+system similar to what Fourier points out in his famous
+formula--_associer les hommes en capital, travail, et talent_. He
+requires a union of interest, a partnership in fact, between the
+capitalist and the workman. M. Ducpetiaux does not lay down the
+proportion in which the profits are to be divided between them; he is
+too cautious to give any figures--there are some ideas which do not bear
+the approach of arithmetic--but he adopts the principle. It is thus that
+he speaks in his introductory chapter.
+
+     "In so conflicting a state of things[30] there remains but one
+     remedy: to re-establish violated equity, to restore to the
+     producers their legitimate share of what is produced, to bring
+     back industry to its primitive aim and object--such is the work
+     which is now, by the aid of every influence, individual and
+     social, to be prosecuted. It is not a partial relief that is
+     called for, but the complete restoration (réhabilitation
+     complète) of the labourer. The mark which ages of servitude
+     have impressed upon his front, cannot be effaced but by an
+     energetic and sustained effort. The palliatives hitherto
+     employed, have only exposed the magnitude of the evil. This
+     evil we must henceforth attack in its origin, in the
+     organization of labour, and the constitution of society.
+
+     "What is the existing base of the relations between master and
+     workman? Selfishness. Every one for himself, that is, every
+     thing for me and nothing, or the least quantity possible, for
+     others. Here is the evil. A blind and bitter contest must
+     spring from this opposition of interests. To put an end to this
+     there is but one means: the recognition of the law of union,
+     (la loi de solidarité,) by virtue of which interests will
+     amalgamate and divisions disappear. This law is the palladium
+     of industry; refuse to acknowledge it, and every thing remains
+     in a state of chaos: proclaim it, and every thing is remedied,
+     every thing prospers. The capitalist comes in aid of the
+     workman as the workman comes in aid of the capitalist; it is a
+     common prosperity they enjoy, and if any thing menaces it, they
+     are united for its defence. The law of union puts an end to an
+     unfeeling employment of our fellow men, (_à l'exploitation
+     brutale;_) it replaces men in their natural position; it
+     re-establishes amongst them the relations of respect, esteem,
+     and mutual benevolence which Christian fraternity demands; it
+     substitutes association for rivalry; it restores to justice her
+     empire, and to humanity its beneficence."
+
+Translating all this into simple language, there is to be a partition by
+the legislature, according to some rule of natural equity, between the
+capitalist and the labourer, of the proceeds of their common enterprise.
+We confess ourselves utterly incapable of devising any such rule of
+equity. The share which falls to the capitalist under the name of
+profits, and the share which falls to the labourer under the name of
+wages, is regulated under the present system by the free competition
+amongst the labourers on the one hand, and the capitalists on the other;
+it is the result of an unfettered bargain between those who possess
+capital and those who practise industry. This is, at all events, an
+intelligible ground, and has in it a species of rough equity; but if we
+desert this position, and appeal to some natural rule of justice to make
+the division, we shall find ourselves without any ground whatever. For
+what are the rights of capital in the face of any _à priori_ notions of
+justice? We shall stumble on from one vague proposition to another, till
+we find ourselves landed in the revolutionary doctrine of the equal
+imprescriptible rights of man. This is the first stage at which we can
+halt. Judged by this law of equality, the capitalist is but one man, and
+capital is but another name for the last year's harvest, or the
+buildings, tools, and manufactures which the labourers themselves, or
+their predecessors, have produced. The utmost the ex-capitalist could
+expect--and he must practise his handicraft before he can be entitled
+even to this--is to be admitted on a footing of equality in the
+extensive firm that would be constituted of his quondam operatives.
+
+We often observe, in this country, an inclination manifested to regulate
+by law the rate of wages, not with the view of instituting any such
+naturally equitable partition, but of establishing a _minimum_ below
+which life cannot be comfortably supported. These reasoners proceed, it
+will at once be admitted, not on the rights of man, but on the claims of
+humanity. To such a project there is but one objection; it will
+assuredly fail of its humane intention. It is presumed that the
+competition amongst the workmen to obtain employment has so far
+advanced, that these cease to obtain a sufficient remuneration for their
+labour. The thousand men whom a great capitalist employs, are
+inadequately paid. The legislature requires that they should be paid
+more liberally. But the amount which the capitalist has to expend in
+wages is limited. The same amount which sustained a thousand men, can,
+under the new scale of remuneration, sustain only nine hundred. The nine
+hundred are better fed, but there is one hundred without any food
+whatever. Our well-intentioned humanity looks round aghast at the
+confusion she is making.
+
+Suppose, it may be said, that a law of this description should be passed
+at so fortunate a conjuncture, that it should not interfere with the
+existing relations between the capitalist and the workman, but have for
+its object to arrest the tendency which wages have to fall; suppose that
+the legislature, satisfied with the existing state of things, should
+pronounce it a punishable offence to offer or accept a lower rate of
+remuneration, would not such a law be wise? The answer is obvious. If
+there is a tendency at any time in wages to fall, it is because there is
+a tendency in population to increase, or in capital to diminish;
+circumstances, both of them, which it is not in the power of criminal
+jurisprudence to wrestle with.
+
+We hear political economy frequently censured by these advocates for
+violent and legislative remedies, for paying more attention to the
+accumulation than the distribution of wealth. But in what chapter of
+political economy is it laid down, that the distribution and enjoyment
+of wealth is a matter of less moment than its production and
+accumulation? The simple truth is, that the same law of liberty, which
+is so favourable to the accumulation of wealth, provides also the best
+distribution which human ingenuity has yet been able to devise. Less has
+been said on this head because there was less to say. But surely no sane
+individual ever wished that property should accumulate merely for the
+sake of accumulation, that society should have the temper of a miser,
+and toil merely to increase its hoards. Still less has any one
+manifested a disposition to confine the enjoyment of wealth to any one
+class, treating the labourer and the artisan as mere tools and
+instruments for the production of it. The fundamental principles of
+political economy to which we have been alluding, and with which alone
+we are here concerned, will be always found to embrace the interests of
+the _whole_ community. They should be defended with the same jealousy
+that we defend our political liberties with.
+
+It was with regret we heard the argument we have just stated against the
+legislative interference with the rate of wages, introduced in the
+discussion of the _ten-hours' bill_, and applied against the principle
+of that measure. It was plainly misapplied. Why do we not relish any
+legislative interposition, on whatever plea of humanity, between workmen
+and capitalist? Because it will fail of its humane intention. We should
+heartily rejoice--who would not?--if a reasonable _minimum_ of wages
+could be established and secured. But it cannot. Is the legislature
+equally incompetent when it steps in to prevent children and very young
+persons from being overworked; from being so employed that the health
+and vigour of ensuing generations may be seriously impaired, (which
+would be a grave mistake even in the economy of labour;) from being so
+entirely occupied that no time shall remain for education? We think not.
+The legislature is not in this case equally powerless. It may here
+prevent an incipient abuse from growing into a custom. The law cannot
+create an additional amount of capital to be distributed over its
+population in the shape of an advance of wages, but the law can say to
+all parents and all masters--you shall not profit by the labour of the
+child, to the ruin of its health, and the loss of all period for mental
+and moral discipline. Such an overtasking of the child's strength has
+not hitherto been an element in your calculation, and it shall not
+become one.
+
+All these various schemes--socialist or otherwise--of legislative
+interference, take their rise from the aspect, sufficiently deplorable,
+of the distress of the manufacturing population; and it is almost
+excusable if the contemplation of such distress should throw men a
+little off their balance. But it is not so easily excusable if men, once
+launched on their favourite projects, endeavour to prove their necessity
+by heightened descriptions of that distress, and by unauthorized
+prophecies of its future and continual increase. What a formidable array
+of figures--figures of speech as well as of arithmetic--are brought down
+upon us with gloomy perseverance, to convince us that the manufacturing
+population of this country is on the verge of irreparable ruin! We think
+it right to put our readers upon their guard against these over-coloured
+descriptions. Even when Parliamentary reports are quoted, whose
+authority is not to be gainsaid, they ought to defend themselves against
+the _first_ impression which these are calculated to make. The facts
+stated may be true, but there are _other facts_ which are not stated
+equally true, and which the scope and purpose of such reports did not
+render it necessary to collect. If, in this country, there is much
+distress, if in some places there is that utter prostration of mind and
+body which extreme poverty occasions, there is also much prosperity;
+there is also, in other places, much vigorous industry, receiving its
+usual, and more than its usual recompense. If there are plague-spots in
+our population, there are also large tracts of it still sound and
+healthy. Set any one down to read list after list of all the maimed and
+halt and sick in our great metropolis, and the whole town will seem to
+him, for the time being, one wide hospital: he must throw open the
+window and look on the busy, animated, buoyant crowd that is rushing
+through the streets, before he shakes off the impression that he is
+living in a city of the plague.
+
+Without a doubt, he who approaches the consideration of the distress of
+the labouring classes, should have a tender and sympathizing spirit; how
+else can the subject possess for him its true and profound interest? But
+it is equally necessary that he bring to it a cultivated and
+well-disciplined compassion; that he should know where, in the name of
+others, he should raise the voice of complaint, and where, in the name
+of suffering humanity at large, he should be silent and submit. It
+should always be borne in mind, that it is very difficult for persons of
+one condition of life, to judge of the comparative state of well-being
+of those of another condition. An inhabitant of cities, a man of books
+and tranquillity, goes down into the country, without previous
+preparation, to survey and give report of the distress of a mining or
+agricultural district. In what age since the world has been peopled,
+could such an individual be transported into the huts of peasants, or
+amongst the rude labours of the miner, without receiving many a shock to
+his sensibility? Perhaps he descends, for the first time in his life,
+the shaft of a coal-mine. How foul and unnatural must the whole business
+seem to him!--these men working in the dark, begrimed, half-naked, pent
+up in narrow galleries. He has gone to spy out hardships--he sees
+nothing else. Or perhaps he pays his first visit to the interior of the
+low-roofed crazy cottage of the husbandman, and is disgusted at the
+scant furniture and uninviting meal that it presents; yet the hardy
+labourer may find his rest and food there, with no greater share of
+discontent than falls to most of us--than falls, perhaps, to the
+compassionate inspector himself. We have sometimes endeavoured to
+picture to ourselves what would be the result if the tables were
+turned, and a commission of agricultural labourers were sent into the
+city to make report of the sort of lives led there, not by poor citizens
+or the lowest order of tradesmen, but by the very class who are occupied
+in preparing largo folio reports of their own distressful condition.
+Suppose they were to enter into the chambers of the student of law--of
+the conveyancer, for example. They make their way through obscure
+labyrinths into a room not quite so dark, it must be allowed, nor quite
+so dirty as the interior of a coal-mine, and there they find an unhappy
+man who, they are given to understand, sits in that gloomy apartment, in
+a state of solitary confinement, from nine o'clock in the morning till
+six or seven in the evening. They learn that, for several months in the
+year, this man never sees the sun; that in the cheerful season when the
+plough is going through the earth, or the sickle is glittering in the
+corn, and the winds are blowing the great clouds along the sky, this
+pale prisoner is condemned to pore over title-deeds which secure the
+"quiet enjoyment" of the land to others; and if they imitate the oratory
+of their superiors, they will remark upon the strange injustice, that he
+should be bound down a slave to musty papers, which give to others those
+pastures from which he never reaps a single blade of grass, and which he
+is not even permitted to behold. These commissioners would certainly be
+tempted to address a report to Parliament full of melancholy
+representations, and ending with the recommendation to shake out such
+unhappy tenants into the fields. It would be long before they could be
+brought to understand that he of the desk and pen would, at the end of
+half an hour, find nothing in those fields but a mortal _ennui_. To him
+there is no _occupation_ in all those acres; and therefore they would
+soon be to him as barren as the desert.
+
+If there is any apparent levity in the last paragraph we have penned, it
+is a levity that is far from our heart. There is no subject which gives
+us so much concern as this--of the undoubted distress which exists
+amongst the labouring population, and the necessity that exists to
+alleviate and to combat it. Coming from the immediate perusal of Utopian
+schemes, promising a community of goods, and from the reconsideration of
+those arguments which prove such schemes to be delusive and mischievous,
+the impression that is left on our mind is the profound conviction of
+the duty of government, to do whatever lies really in its power for the
+amelioration of the condition of the working classes. The present system
+of civilized society works, no doubt, for the good of the whole, but
+assuredly _they_ do not reap an equal benefit with other classes, and on
+them falls the largest share of its inevitable evils. May we not say
+that, whatever the social body, acting in its aggregate capacity, _can_
+do to redress the balance--whether in education of their children, in
+sanatory regulations which concern their workshops and their dwellings,
+or in judicious charity that will not press upon the springs of
+industry--it is _bound_ to do by the sacred obligation of justice?
+
+FOOTNOTES:
+
+[28] _Etudes sur les Réformateurs, ou Socialistes Modernes._ Par M.
+LOUIS REYBAUD.
+
+[29] We shall perhaps take some opportunity to speak separately of M.
+Leroux's work, _Sur l'Humanité_. It is a work of very superior
+pretension to the writings of MM. St Simon, Fourier, and others, who
+must rather be regarded as makers of projects than makers of books. M.
+Leroux has the honour of indoctrinating George Sand with that mysticism
+which she has lately infused into her novels--by no means to the
+increase of their merit. When M. Leroux was reproached by a friend for
+the fewness of his disciples, he is said to have replied--"It is true I
+have but one--_mais, que voulez-vous?--Jésus Christ lui-même n'avait que
+douze_."
+
+[30] He had been drawing the usual painful picture of the distress of
+the manufacturing classes, and citing for his authority some English
+journal. In doing this he has made a somewhat alarming mistake. The
+colloquial phrase _job-work_ has perplexed, and very excusably, the
+worthy Belgian, and he has drawn from a very harmless expression a
+terrible significance. "Partout le travail est le métier de job
+(job-work) comme disent les Anglais--_un métier à mourir sur le
+fumier_." In another place he has understood the _turn out_ of our
+factories as the expulsion of the artisans by the master manufacturers.
+
+
+
+
+MARSTON; OR, THE MEMOIRS OF A STATESMAN.
+
+PART XIV.
+
+    "Have I not in my time heard lions roar?
+    Have I not heard the sea, puft up with wind,
+    Rage like an angry boar chafed with sweat?
+    Have I not heard great ordnance in the field,
+    And Heaven's artillery thunder in the skies?
+    Have I not in the pitched battle heard
+    Loud 'larums, neighing steeds, and trumpets clang?"
+
+                                        SHAKSPEARE.
+
+
+Europe had never seen so complete or so powerful an army as that which
+was now assembled within sight of Valenciennes. The city was already
+regarded as in our possession; and crowds of military strangers, from
+every part of the Continent, came day by day pouring into the allied
+camp. Nothing could equal the admiration excited by the British troops.
+The admirable strength, stature, and discipline of the men, and the
+successes which they had already obtained, made them the first object of
+universal interest; and the parades of our regiments formed a daily
+levee of princes and nobles. It was impossible that soldiership could be
+on a more stately scale. Other times have followed, which have shown the
+still statelier sight of nations marching to battle; but the hundred
+thousand men who marched under Cobourg to take up their positions in the
+lines of Valenciennes, filled the eye of Europe; and never was there a
+more brilliant spectacle. At length orders were sent to prepare for
+action, and the staff of the army were busily employed in examining the
+ground. The Guards were ordered to cover the operations of the pioneers;
+and all was soon in readiness for the night on which the first trench
+was to be opened. A siege is always the most difficult labour of an
+army, and there is none which more perplexes a general. To the troops,
+it is incessant toil--to the general, continual anxiety. The men always
+have the sense of that disgust which grows upon the soldier where he
+contemplates a six weeks' delay in the sight of stone walls; and the
+commander, alive to every sound of hazard, feels that he yet must stand
+still, and wait for the attack of every force which can be gathered
+round the horizon. He may be the lion, but he is the lion in a
+chain--formidable, perhaps, to those who may venture within its length,
+but wholly helpless against all beyond. Yet those feelings, inevitable
+as they are, were but slightly felt in our encampment round the frowning
+ramparts of the city. We had already swept all before us; we had learned
+the language of victory; we were in the midst of a country abounding
+with all the good things of life, and which, though far from exhibiting
+the luxuriant beauty of the British plains, was yet rich and various
+enough to please the eye. Our camp was one vast scene of gaiety. War
+had, if ever, laid aside its darker draperies, and "grim-visaged" as it
+is, had smoothed its "wrinkled front." The presence of so many visitors
+of the highest rank gave every thing the air of royalty. High manners,
+splendid entertainments, and all the habits and indulgences of the life
+of courts, had fled from France only to be revived in Flanders. Our army
+was a court on the march; and the commander of the British--the honest,
+kind-hearted, and brave Duke of York--bore his rank like a prince, and
+gathered involuntarily round him as showy a circle as ever figured in St
+James's, or even in the glittering saloons of the Tuileries. Hunting
+parties, balls, suppers, and amateur theatrical performances, not merely
+varied the time, but made it fly. Hope had its share too, as well as
+possession. Paris was before us; and on the road to the capital lay but
+the one fortress which was about to be destroyed with our fire, and of
+which our engineers talked with contempt as the decayed work of "old"
+Vauban.
+
+But the course of victory is like the course of love, which, the poet
+says, "never does run smooth." The successes of the Allies had been too
+rapid for their cabinets; and we had found ourselves on the frontiers of
+France before the guardian genii of Europe, in the shape of the
+stiff-skirted and full-wigged privy councillors of Vienna and Berlin,
+had made up their minds as to our disposal of the prize. Startling words
+suddenly began to make their appearance in the despatches, and
+"indemnity for the past and security for the future"--those luckless
+phrases which were yet destined to form so large a portion of senatorial
+eloquence, and give birth to so prolific an offspring of European
+ridicule--figured in diplomacy for the first time; while our pioneers
+stood, pickaxe in hand, waiting the order to break ground. We thus lost
+day after day. Couriers were busy, while soldiers were yawning
+themselves to death; and the only war carried on was in the discontents
+of the military councils. Who was to have Valenciennes? whose flag was
+to be hoisted on Lille? what army was to garrison Condé? became national
+questions. Who was to cut the favourite slices of France, employed all
+the gossips of the camp, in imitation of the graver gossips of the
+cabinet; and, in the mean time, we were saved the trouble of the
+division, by a furious decree from the Convention ordering every man in
+France to take up arms--converting all the churches into arsenals,
+anathematizing the German princes as so many brute beasts, and
+recommending to their German subjects the grand republican remedy of the
+guillotine for all the disorders of the government, past, present, and
+to come.
+
+Circumstances seldom give an infantry officer more than a view of the
+movements in front of his regiment; but my intimacy with Guiscard
+allowed me better opportunities. Among his variety of attainments he was
+a first-rate engineer, and he was thus constantly employed where any
+thing connected with the higher departments of the staff required his
+science. He was now attached to the Prussian mission, which moved with
+the headquarters of the British force, and our intercourse was
+continued. I thus joined the reconnoitring parties under his command,
+and received the most important lessons in my new art. But one of my
+first questions to him, had been the mode of his escape on the night of
+our volunteer reconnoisance.
+
+"Escape? Why, I committed the very blunder against which I had cautioned
+you, and fell into the hands of the first hussar patrole I could
+possibly have met. But my story is of the briefest kind. I had not rode
+forward above an hour, when my horse stumbled over something in that
+most barbaric of highways, and lamed himself. I then ought to have
+returned; but curiosity urged me on, and leading my unfortunate charger
+by the bridle, I threaded my way through the most intricate mesh of
+hedge and ditch within my travelling experience. The trampling of
+horses, and the murmur of men in march, at last caught my ear; and I
+began to be convinced that the movement which I expected from Dampier's
+activity was taking place. I then somewhat questioned my own
+_insouciance_ in having thrust you into hazard; and attempted to make my
+way across the country in your direction. To accomplish this object I
+turned my horse loose, taking it for granted that, lame as he was, he
+was too good a Prussian to go any where but to his own camp. This
+accounts for his being found at morn. I had, however, scarcely thus
+taken the chance of losing a charger which had cost me a hundred and
+fifty gold ducats, when I received a shot from behind a thicket which
+disabled my left arm, and I was instantly surrounded by a dozen French
+hussars. I was foolish enough to be angry, and angry enough to fight.
+But as I was neither Samson, nor they Philistines, my sabre was soon
+beaten down, and I had only to surrender. I was next mounted on the
+croup of one of their horses, and after a gallop of half an hour reached
+the French advanced guard. It was already hurrying on, and I must
+confess that, from the silence of the march and the rapid pace of their
+battalions, I began to be nervous about the consequences, and dreaded
+the effects of a surprise on some of our camps. My first apprehension,
+however, was for you. I thought that you must have been entangled in the
+route of some of the advancing battalions, and I enquired of the colonel
+of the first to whom I was brought, whether he had taken any prisoners.
+
+"'Plenty,' was the answer of the rough Republican--'chiefly peasants and
+spies; but we have shot none of them yet. That would make too much
+noise; so we have sent them to the rear, where I shall send you. You
+will not be shot till we return to-morrow morning, after having cut up
+those _chiens Anglais_.'"
+
+I could not avoid showing my perturbation at the extreme peril in which
+this distinguished man had involved himself on my account; and expressed
+something of my regret and gratitude.
+
+"Remember, Marston," was his good-humoured reply, "that, in the first
+place, the Frenchman was not under circumstances to put his promise in
+practice--he having found the English _chien_ more than a match for the
+French wolf; and, in the next, that twelve hours form a very important
+respite in the life of the campaigner. I was sent to the rear with a
+couple of hussars to watch me until the arrival of the general, who was
+coming up with the main body. On foot and disarmed, I had only to follow
+them to the next house, which was luckily one of the little Flemish
+inns. My hussars found a jar of brandy, and got drunk in a moment; one
+dropped on the floor--the other fell asleep on his horse. I had now a
+chance of escape; but I was weary, wounded, and overcome with vexation.
+It happened, as I took my last view of my keeper outside, nodding on his
+horse's neck, that I glanced on a huge haystack in the stable-yard. The
+thought struck me, that helpless as I was, I might contrive to give an
+alarm to some of the British videttes or patroles, if your gallant
+countrymen should condescend to employ such things. I stole down into
+the yard, lantern in hand; thrust it into the stack, and had the
+satisfaction of seeing it burst into a blaze. I made my next step into
+the stable, to find a horse for my escape; but the French patroles had
+been before me, and those clever fellows seldom leave any thing to be
+gleaned after them. What became of my escort I did not return to
+enquire; but I heard a prodigious galloping through the village, and
+found the advantage of the flame in guiding me through as perplexing a
+maze of thicket and morass as I ever attempted at midnight. The sound of
+the engagement which followed directed me to the camp; and I remain, a
+living example to my friend, of the advantage of twelve hours between
+sentence and execution."
+
+I had another wonder for him; and nothing could exceed his gratification
+when he heard, that his act had enabled me to give the alarm of the
+French advance. But for that blaze I should certainly have never been
+aware of their movement; the light alone had led me into the track of
+the enemy, and given me time to make the intelligence useful.
+
+"The worst of all this," said he, with his grave smile, "is that the
+officer in command of your camp on that night will get a red riband and
+a regiment; and that you will get only the advantage of recollecting,
+that in war, and perhaps in every situation of life, nothing is to be
+despaired of, and nothing is to be left untried. A candle in a lantern,
+properly used, probably saved both our lives, the lives of some
+thousands of your brave troops, the fate of the campaign, and, with it,
+half the thrones of Europe, trembling on the chance of a first campaign.
+I shall yet have some of my mystical countrymen writing an epic on my
+Flemish lantern."
+
+During this little narrative, we had been riding over the bleak downs
+which render the environs of Valenciennes such a barren contrast to the
+general luxuriance of northern France; and were examining the approaches
+to the city, when Guiscard called to his attendant for his telescope. We
+were now in the great coal-field of France; but the miners had fled, and
+left the plain doubly desolate. "Can those," said he, "be the miners
+returning to their homes? for if not, I am afraid that we shall have
+speedy evidence of the hazards of inactivity." But the twilight was now
+deepening, and neither of us could discern any thing beyond an immense
+mass of men, in grey cloaks, hurrying towards the city. I proposed that
+we should ride forward, and ascertain the facts. He checked my rein.
+"No! Amadis de Gaul, or Rolando, or by whatever name more heroic your
+chivalry prefers being called, we must volunteer no further. My valet
+shall return to the camp and bring us any intelligence which is to be
+found there, while we proceed on our survey of the ground for our
+batteries."
+
+We had gone but a few hundred yards, and I was busily employed in
+sketching the profile of the citadel, when we heard the advance of a
+large party of British cavalry, with several of the staff, and the Duke
+of York, then a remarkably handsome young man, at their head. I had seen
+the Duke frequently on our parades in England; but even the brief
+campaign had bronzed his cheek, and given him the air which it requires
+a foreign campaign to give. He communicated the sufficiently interesting
+intelligence, that since the victory over Dampier, the enemy had
+collected a strong force from their garrisons, and after throwing ten
+thousand men into Valenciennes, had formed an intrenched camp, which was
+hourly receiving reinforcements. "But we must put a stop to that," said
+the Duke, with a smile; "and, to save them trouble and ourselves time,
+we shall attack them to-morrow." He then addressed himself to Guiscard,
+with the attention due to his name and rank, and conversed for a few
+minutes on the point of attack for the next day--examined my
+sketch--said some flattering words on its correctness, and galloped off.
+
+"Well," said Guiscard, as he followed with his glance the flying troop,
+"war is a showy spectacle, and I can scarcely wonder that it should be
+the game of princes; but a little more common sense in our camps would
+have saved us to-morrow's battle. The delays of diplomacy are like the
+delays of law--the estate perishes before the process is at an end. But
+now to our work." We rode to the various points from which a view of the
+newly arrived multitude could be obtained. Their fires began to blaze;
+and we were thus enabled to ascertain at once their position, and, in
+some degree, their numbers. There could not be less than thirty thousand
+men, the arrival of the last few hours. "For this _contretemps_," said
+Guiscard, as he examined their bivouac with his telescope, "we have to
+thank only ourselves. Valenciennes ought to have been stormed within the
+first five minutes after we could have cut down those poplars for
+scaling ladders," and he pointed to the tapering tops of the large
+plantations lining the banks of the Scheldt; "but we have been
+quarreling over our portfolios, while the French have been gathering
+every rambling soldier within a hundred miles; and now we shall have a
+desperate struggle to take possession of those lines, and probably a
+long siege as finale to the operation. There, take my glass, and judge
+for yourselves." I looked, and if the novelty and singularity could have
+made me forget the serious business of the scene, I might have been
+amply amused. The whole French force were employed in preparing for the
+bivouac, and fortifying the ground, which they had evidently taken up
+with the intent of covering the city. All was in motion. At the distance
+from which we surveyed it, the whole position seemed one huge ant-hill.
+Torches, thickets burning, and the fires of the bivouac, threw an
+uncertain and gloomy glare over portions of the view, which, leaving the
+rest in utter darkness, gave an ominous and ghostly look to the entire.
+I remarked this impression to Guiscard, and observed that it was strange
+to see a "scene of the most stirring life so sepulchral."
+
+"Why not?" was his reply. "The business is probably much the same."
+
+"Yet sepulchral," I observed, "is not exactly the word which I would
+have used. There is too much motion, too much hurried and eager
+restlessness, too much of the wild and fierce activity of beings who
+have not a moment to lose, and who are busied in preparations for
+destruction."
+
+"Have you ever been in the Sistine Chapel?" asked my companion.
+
+"No; Italy has been hitherto beyond my flight; but the longing to see it
+haunts me."
+
+"Well, then, when your good fortune leads you to Rome, let your first
+look be given to the noblest work of the pencil, and of Michael Angelo:
+glance at the bottom of his immortal picture, and you will see precisely
+the same wild activity, and the same strange and startling animation.
+The difference only is, that the actors here are men--there, fiends;
+here the scene is the field of future battle--there, the region of
+final torment. I am not sure that the difference is great, after all."
+
+At daybreak, the British line was under arms. I feel all words fail,
+under the effort to convey the truth of that most magnificent display;
+not that a simple detail may not be adequate to describe the movements
+of a gallant army; but what can give the impression of the time, the
+form and pressure of collisions on which depended the broadest and
+deepest interests of the earth. Our war was then, what no war was since
+the old invasions under the Edwards and Henrys--national; it was as
+romantic as the crusades. England was fighting for none of the objects
+which, during the last three hundred years, had sent armies into the
+field--not for territory, not for glory, not for European supremacy, not
+even for self-defence. She was fighting for a Cause; but that was the
+cause of society, of human freedom, of European advance, of every
+faculty, feeling, and possession by which man is sustained in his rank
+above the beasts that perish. The very language of the great dramatist
+came to my recollection, at the moment when I heard the first signal-gun
+for our being put in motion.
+
+    "Now all the youth of England are on fire,
+    And silken dalliance in the wardrobe lies.
+    Now thrive the armourers; and honour's thought
+    Reigns solely in the breast of every man.
+    They sell the pasture now to buy the horse,
+    Following the mirror of all Christian kings
+    With winged heels, as English Mercuries."
+
+Our troops, too, had all the ardour which is added even to the boldest
+by the assurance of victory. They had never come into contact with the
+enemy but to defeat them, and the conviction of their invincibility was
+so powerful, that it required the utmost efforts of their officers to
+prevent their rushing into profitless peril. The past and the present
+were triumphant; while, to many a mind of the higher cast, the future
+was, perhaps, more glittering than either. In the same imperishable
+eloquence of poetry--
+
+    "For now sits expectation in the air,
+    And hides a sword, from hilt unto the point,
+    With crowns imperial, crowns and coronets,
+    Promised to Harry and his followers."
+
+The ambition of the English soldier may be of a more modified order than
+that of the foreigner; but the dream of poetry was soon realized in the
+crush of the Republicans, who had trampled alike the crown and the
+coronet in the blood of their owners. Twenty-seven thousand men were
+appointed for the attack of the French lines; and on the first tap of
+the drum, a general shout of exultation was given from all the columns.
+The cavalry galloped through the intervals to the front, and parks of
+the light guns were sent forward to take up positions on the few
+eminences which commanded the plain; but the day had scarcely broke,
+when one of those dense fogs, the customary evil of the country, fell
+suddenly upon the whole horizon, and rendered action almost impossible.
+Nothing could exceed the vexation of the army at this impediment; and if
+our soldiers had ever heard of Homer, there would have been many a
+repetition of his warrior's prayer, that "live or die, it might be in
+the light of day."
+
+But in the interval, important changes were made in the formation of the
+columns. The French lines had been found of unexpected strength, and the
+Guards were pushed forward to head a grand division placed under command
+of General Ferrari. The British were, of course, under the immediate
+orders of an officer of their own, and a more gallant one never led
+troops under fire. I now, for the first time, saw the general who was
+afterwards destined to sweep the French out of Egypt, and inflict the
+first real blow on the military supremacy of France under Napoleon.
+General Abercromby was then in the full vigour of life; a strongly
+formed, manly figure, a quiet but keen eye, and a countenance of
+remarkable steadiness and thought, all gave the indications of a mind
+firm in all the contingencies of war. Exactly at noon, the fog drew up
+as suddenly as it had descended, and we had a full view of the enemy's
+army. No foreign force ever exhibits so showy and soldierly an
+appearance as the British. The blue of the French and Prussians looks
+black, and the white of the Austrian looks faded and feeble, compared
+with the scarlet. As I cast my glance along our lines, they looked like
+trails of flame. The French were drawn up in columns in front of their
+camp, which, by the most extraordinary exertion, they had covered during
+the night with numerous batteries, and fortified with a circle of
+powerful redoubts; the guns of the fortress defended their flank and
+rear, and their position was evidently of the most formidable kind. But
+all view was lost, from the moment when the head of our brigade
+advanced. Every gun that could be brought to bear upon us opened at
+once, and all was enveloped in smoke. For a full hour we could see
+nothing but the effect of the grape-shot on our own ranks as we poured
+on, and hear nothing but the roar of the batteries. But at length shouts
+began to arise in distant parts of the field, and we felt that the
+division which had been appointed to assault the rear of the camp was
+making progress. Walmoden, commanding a brigade under Ferrari, now
+galloped up, to ascertain whether our men were ready to assault the
+intrenchments. "The British troops are _always_ ready," was Abercromby's
+expressive, and somewhat indignant, answer. In the instant of our
+rushing forward, an aide-de-camp rode up, to acquaint the general that
+the column under the Duke of York had already stormed three redoubts.
+"Gentlemen," said Abercromby, turning to the colonels round him, "we
+must try to save our friends further trouble--forward!" Within a quarter
+of an hour we were within the enemy's lines, every battery was stormed
+or turned, and the French were in confusion. Some hurried towards the
+fortress, which now began to fire; a large body fled into the open
+country, and fell into the hands of his royal highness; and some,
+seizing the boats on the river, dropped down with the stream. All was
+victory: yet this was to be my day of ill luck. In pursuing the enemy
+towards the fortress, a battalion, which had attempted to cover the
+retreat, broke at the moment when my company were on the point of
+charging them. This was too tempting a chance to be resisted; we rushed
+on, taking prisoners at every step, until we actually came within sight
+of the gate by which the fugitives were making their escape into the
+town. But we were in a trap, and soon felt that we were discovered, by a
+heavy discharge of musketry from the rampart. We had now only to return
+on our steps, and I had just given the word, when the firing was renewed
+on a bastion, round which we were hurrying in the twilight. I felt a
+sudden shock, like that of electricity, which struck me down; I made a
+struggle to rise on my feet, but my strength wholly failed me, and I
+lost all recollection.
+
+On my restoration to my senses, in a few hours after, I found that I had
+been carried into the town, and placed in the military hospital. My
+first impulse was, to examine whether any of my brave fellows had shared
+my misfortune; but all round me were French, wounded in the engagement
+of the day. My next source of congratulation was, that I had no limb
+broken. The shot had struck me in the temple, and glanced off without
+entering; but I had lost much blood, had been trampled, and felt a
+degree of exhaustion, which gave me the nearest conception to actual
+death.
+
+Of the transactions of the field I knew nothing beyond my own share of
+the day; but I had seen the enemy in full flight, and that was
+sufficient. Within a day or two, the roaring of cannon, the increased
+bustle of the attendants, and the tidings that a black flag had been
+erected on the hospital, told me that the siege had begun. I shall pass
+over its horrors. Yet, what is all war but a succession of horrors? The
+sights which I saw, the sounds which I heard from hour to hour, were
+enough to sicken me of human nature. In the gloom and pain of my
+sleepless nights, I literally began to think it possible that a fiendish
+nature might supplant the human condition, and that the work before my
+eyes was merely an anticipation of those terrors, which to name startles
+the imagination and wrings the heart. Surrounded with agonies, the
+involuntary remark always came to my mind with renewed freshness, in the
+common occurrences of the hospital day. But, besides the sufferings of
+the wounded, a new species of suffering, scarcely less painful, and
+still more humiliating, began to be prominent. The provisions of the
+people, insufficiently laid in at the approach of the besiegers, rapidly
+failed, and the hospital itself was soon surrounded by supplicants for
+food. The distress, at last, became so excessive, that it amounted to
+agony. Emaciated figures of both sexes stole or forced their way into
+the building, to beg our rations, or snatch them from our feeble hands;
+and I often divided my scanty meal with individuals who had once been in
+opulent trade, or been ranked among the _semi-noblesse_ of the
+surrounding country. Sometimes I missed faces to which I had been
+accustomed among those unfortunate beings, and I heard a still more
+unhappy tale--shall I call it more unhappy? They had perished by the
+cannon-shot, which now poured into the city day and night, or had been
+buried in the ruins of some of the buildings, which were now constantly
+falling under the heaviest bombardment in the annals of war. Of those
+scenes I say no more. If the siege of a great fortress is the most
+trying of all hazards to the soldier without, what must it be to the
+wretches within? Valenciennes was once the centre of the lace
+manufactories of France. The war had destroyed them at once. The
+proprietors had fled, the thousands of young and old employed in those
+delicate and beautiful productions, had fled too, or remained only to
+perish of famine. A city of twenty thousand of the most ingenious
+artists was turning day by day into a vast cemetery. As I tossed on my
+mattress hour after hour, and heard the roar of the successive
+batteries, shuddered at the fall of the shells, and was tortured by the
+cries of the crowd flying from the explosions all night long--I gave the
+deepest curses of my spirit to the passion for glory. It is true, that
+nations must defend themselves; the soldier is a protector to the
+industry, the wealth, and the happiness of the country. I am no disciple
+of the theory, which, disclaiming the first instinct of nature,
+self-preservation, invites injury by weakness, and creates war by
+impunity; but the human race ought to outlaw the man who dares to dream
+of conquest, and builds his name in the blood of man.
+
+On my capture, one of my first wishes had been to acquaint my regiment
+with the circumstances of my misfortune, and to relieve my friends of
+their anxiety for the fate of a brother officer. But this object, which,
+in the older days of continental campaigning, would have been acceded to
+with a bow and a compliment by Monsiegneur le Comte, or Son Altesse
+Royale, the governor, was sturdily refused by the colonel in charge of
+the hospital--a firm Republican, and the son of a cobbler, who, swearing
+by the Goddess of Reason, threatened to hang over the gate the first man
+who dared to bring him another such proposal. I next sent my application
+to the commandant, a brave old soldier, who had served in the royal
+armies, and had the feelings of better times; but it was probably
+intercepted, for no answer came. This added deeply to my chagrin. My
+absence must give rise to conjecture; my fall had been unseen even by my
+men; and while I believed that my character was above the scandal of
+either pusillanimity or desertion, it still remained at the mercy of
+all.
+
+But chance came to my relief. It happened that I had unconsciously won
+the particular regard of one of the Béguines who attended the hospital;
+and my _tristesse_, which she termed 'effrayante,' one evening attracted
+her peculiar notice. Let not my vanity be called in question; for my
+fair admirer was at least fifty years old, and was about the figure and
+form of one of her country churns, although her name was Juliet! Pretty
+as the name was, the Béguine had not an atom of the poetic about her.
+Romance troubled her not. Yet with a face like the full moon, and a pile
+of petticoats which would have made a dowdy of the "Belvedere Diana,"
+she was a capital creature. Juliet, fat as she was, had the natural
+frolic of a squirrel; she was everywhere, and knew every thing, and did
+every thing for every body; her tongue and her feet were constantly
+busy; and I scarcely knew which was the better emblem of the perpetual
+motion. My paleness was peculiarly distressing to her; "it hurt her
+feelings;" it also hurt her honour; for she had been famous for her
+nursing, and as she told me, with her plump hands upon her still plumper
+hips, and her head thrown back with an air of conscious merit, "she had
+saved more than the doctors had killed." I had some reluctance to tell
+her the cause of my _tristesse_; for I knew her zeal, and I dreaded her
+plunging into some hazard with the authorities. But who has ever been
+able to keep a secret, where it was the will of the sex to extort it?
+Juliet obtained mine before she left the ward for the night; and desired
+me to give her a letter, which she pledged herself to transmit to my
+regiment. But this I determined to refuse, and I kept my determination.
+I had no desire to see my "fat friend" suspended from the pillars of the
+portico; or to hear of her, at least, being given over to the mercies of
+the provost-marshal. We parted, half in anger on her side, and with
+stern resolution on mine.
+
+During the day Juliet was not forthcoming, and her absence produced,
+what the French call, a "lively sensation"--which, in nine instances out
+of ten, means an intolerable sense of ennui--in the whole establishment.
+I shared the general uneasiness, and at length began to cast glances
+towards the gate, where, though I was not exactly prepared to see the
+corpulent virtues of my friend in suspension, I had some tremblings for
+the state, "_sain et sauf_;" of my Béguine. At last her face appeared at
+the opening of the great door, flushed with heat and good-nature, and,
+as it came moving through the crowd which gathered round her with all
+kinds of enquiries, giving no bad resemblance to the moon seen through a
+fog; whether distinct or dim, full and florid to the last. Her
+good-humoured visage revived me, as if I had met a friend of as many
+years standing as she numbered on her cradle. But all my enquiries for
+the news of earth outside the hospital, were answered only by an "order"
+to keep myself tranquil--prevent the discomposure of my pulse, and duly
+drink my ptisan. All this, however, was for the general ear. The
+feebleness which kept me confined to my bed during the day, had made my
+nights wakeful. On this night, whether on the anxiety of the day, or the
+heavier roar of the siege, for the bombardment was now at its height, I
+exhibited signs of returning fever, and the Béguine remained in
+attendance. But when the crowd had gone to such rest as they could find,
+amid the thunder of batteries and the bursting of shells, Juliet
+approached my pillow with a broad smile, which distended her
+good-natured mouth from ear to ear, and thrust under my pillow a small
+packet--the whole operation being followed by a finger pressed to her
+lips, and a significant glance to every corner of the huge melancholy
+hall, to see that all was secure. She then left me to my meditations!
+
+The mysterious packet contained three letters; and, eager as I was for
+their perusal, I almost shuddered at their touch; for they must have
+been obtained with infinite personal peril, and if found upon the
+Béguine they might have brought her under the severest vengeance of the
+garrison. They were from Guiscard, Mariamne, and Mordecai. Thus to three
+individuals, all comparatively strangers, was my world reduced. But they
+were no common strangers; and I felt, while holding their letters in my
+hand, and almost pressing them to my heart, how much more strongly
+friendship may bind us than the ties of cold and negligent relationship.
+I opened the soldier's letter first. It was like every thing that
+Guiscard ever did; manly, yet kind. "Your disappearance in that
+unfortunate rencontre has created much sorrow and surprise; but the
+sorrow was all for your loss to _the_ 'corps of corps,' and the surprise
+was, that no tidings could be heard of you, whether fallen or surviving.
+The flag and trumpet sent in next morning to recover the remains of such
+as had suffered in that mad rush to the gates of the town, came back
+without being permitted to pass beyond the outworks, bringing a brutal
+message from the officer on duty, 'that the next flag should be fired
+on,' and that the 'brave soldiers of the Republic allowed of no
+compromise with the slaves of tyranny!' The bravado might be laughed at,
+but it left me in the dark relative to your fate; and if you are to be
+flattered by the feelings of men who cannot get at you but by
+cannon-shot, you may congratulate yourself on having had as many fine
+things said of you as would make an epitaph for a duke--and, I believe,
+with a sincerity at least equal to the best of them. I write all this
+laughingly now, but suspense makes heaviness of heart, and you cost me
+some uneasy hours, of course. I send you none of _our_ news; as you will
+hear all in good time, and communications on public matters might bring
+your messenger or yourself into difficulties. You are alive, and in good
+hands; that is the grand point. Your character is now in _my_ hands, and
+I shall take care of it; I shall see you a general officer yet, if you
+have not the greater luck to retire and live an honest farmer, sitting
+under your own fig-tree and your own vine, with an unromantic spouse,
+and some half-dozen of red-cheeked children. Farewell, we shall _soon_
+see each other."
+
+The last line evidently meant more than met the eye, and I was now just
+in the mind to indulge in the fantasies of my fair correspondent. They
+were like herself--a curious mixture of mirth and melancholy.
+
+"Why I wished to write to you, or why I write at all--which, however, I
+do decorously at the side of my father--are questions which I have not
+taken the trouble of asking until this moment. But I am in Switzerland,
+where no one has time for any thing but worshipping mountain-tops, and
+falling down at the feet of cataracts. Whether it would add to Mr
+Marston's satisfaction I cannot presume to say, but I feel better, much
+better, than when I first came into this land of fresh breezes and
+beauty of all kinds--the population, of every rank, always excepted. If
+I were, like you, a philosopher, I should probably say that nature gets
+tired of her work, and after having struck off some part of it with all
+the spirit of an Italian painter, disdains the trouble of finishing; or,
+like a French 'fashionable,' coquettes with her own charms, and is
+determined to make the world adore her, in spite of her slippers and her
+shawl. Thus, nature, which gave the peacock a diadem on its head, and a
+throne in its tail, has given it a pair of frightful legs. And on the
+same charming principle, she has given Switzerland the finest of all
+possible landscapes, and filled them with the most startling of all
+possible physiognomies.
+
+"But no more of theory. It has always made my head ache, and headachs
+are, I know, contagious; so I spare you. Yet, have you a moment, among
+your thousand and one avocations, to remember my father--or me? I beg
+that I may not impede the march of armies, or shock the balance of
+Europe, while I solicit you to give me a single line--no more; a mere
+'annonce' of any thing that can tell me of your 'introuvable' friend
+Lafontaine. This is _not_ for myself. The intelligence is required for a
+sister of his whom I have lately met in this country--a showy
+"citizeness" of Zurich, _embonpoint_ and matronly, married to one of the
+portly burghers of the city, and exemplary in all the arts of
+sheep-shearing, wool-spinning, and cheese-making; a mother, surrounded
+_à la Française_ with a host of Orlandos, Hyacintes, Aristomenes, and
+Apollos--pretty children, with the Frenchman developing in all its
+gaudiness; the Switzer remaining behind, until it shall come forth in
+cloudy brows, and a face stamped with money-making. Madame Spiegler is
+still not beyond a waltz, and in the very whirl of one last night, she
+turned to me and _implored_ that I should 'move heaven and earth,' as
+she termed it--with her blue eyes thrown up to the chandelier, and her
+remarkably pretty and well-_chaussé'd_ feet still beating time to the
+dance--to bring her disconsolate bosom tidings of her '_frère, si bien
+aimé, si malheureux_.' I promised, and she flew off instantly into the
+very _core_ of a dance, consisting of at least a hundred couples.
+
+"I have just returned from a drive along the shore of the Leman. The
+recollection of Madame Spiegler, rolling and rushing through the waltz
+like a dolphin through the waves; or like any thing caught in an
+enormous whirlpool, sweeping round perpetually until it was swept out
+of sight, had fevered me. The air here is certainly delicious. It has a
+sense of life--a vivid, yet soft, freshness, that makes the mere act of
+breathing it delightful. But I have mercy on you--not one word of
+Clarens, not one word of Meillerie. Take it for granted that Ferney is
+burnt down, as it well might be without any harm to the picturesque; and
+that Jean Jacques never wrote, played the knave, or existed. If I were a
+Swiss Caliph Omar, I should make a general seizure, to be followed by a
+general conflagration, of every volume that has ever touched on the wit
+and wickedness of the one, or the intolerable sensibility of the other.
+I should next extend the flame to all tours, meditations, and musings on
+hills, valleys, and lakes; prohibit all sunset 'sublimities' as an
+offence against the state; and lay all raptures at the 'distant view of
+Mont Blanc,' or the 'ascent of the Rhighi,' if not under penalty of
+prison, at least under a bond never to be seen in the territory again.
+But I must make my _adieux_. _Apropos_, if you _should_ accidentally
+hear any thing of your _pelerin-à-pied_ friend Lafontaine--for I
+conjecture that he has gone to discover the fountains of the Nile, or is
+at this moment a candidate for the office of court-chamberlain at
+Timbuctoo--let me hear it. Madame Spiegler is really uneasy on the
+subject, though it has not diminished either her weight or her velocity,
+nor will prevent her waltzing till the end of the world, or of herself.
+_One_ sentence--nay, one syllable--will be enough.
+
+"This light _is_ delicious, and it is only common gratitude to nature to
+acknowledge, that she has done something in the scene before my casement
+at this sweet and quiet hour, which places her immeasurably above the
+_decorateurs_ of a French _salon_. The sun has gone, and the moon has
+not yet come. There is scarcely a star; and yet a light lingers, and
+floats, and descends over everything--hill, forest, and water--like the
+light that one sometimes sees in dreams. All dream-like--the work of a
+spell laid over a horizon of a hundred miles. I should scarcely be
+surprised to see visionary forms rising from these woods and waters, and
+ascending in bright procession into the clouds. I hear, at this moment,
+some touches of music, which I could almost believe to come from
+invisible instruments as they pass along with the breeze. Still, may I
+beg of you, Mr Marston, not to suppose that I mean to extend this letter
+to the size of a government despatch, nor that the mark which I find I
+have left on my paper, is a tear? _I_ have no sorrow to make its excuse.
+But here, one weeps for pleasure, and I can forgive even Rousseau
+his--'Je m'attendrissais, je soupirais, et je pleurais comme un enfant.
+Combien de fois, m'arrêtant pour pleurer plus à mon aise, assis sur une
+grosse pierre, je me suis amusé à voir tomber mes larmes dans l'eau.'
+Rousseau was lunatic, but he was _not_ lunatic when he wrote this, or
+_I_ am growing so too. For fear of that possible romance, I say,
+farewell.
+
+"P.S.--Remember Madame Spiegler. _Toujours à vous_--MARIAMNE."
+
+My third letter was Mordecai to the life--a bold, hurried, yet clear
+view of the political bearings of the time. It more than ever struck me,
+in the course of his daring paragraphs, what a capital leader he would
+have made for a Jewish revolution; if one could imagine the man of a
+thousand years of slavery grasping the sword and unfurling the banner.
+Yet bold minds _may_ start up among a fallen people; and when the great
+change, which will assuredly come, is approaching, it is not improbable
+that it will be begun by some new and daring spirit throwing off the
+robes of humiliation, and teaching Israel to strike for freedom by some
+gallant example--a new Moses smiting the Egyptian, and marching from the
+house of bondage, the fallen host of the oppressor left weltering in the
+surge of blood behind.
+
+After some personal details, and expressions of joy at the recovering
+health of his idolized but wayward daughter, he plunged into politics.
+"I have just returned," said he, "from a visit to some of our German
+kindred. You may rely upon it, that a great game is on foot. _Your_
+invasion is a jest. Your troops will fight, I allow, but your cabinets
+will betray. I have seen enough to satisfy me, that, if you do not take
+Paris within the next three months, you will not take it within ten
+times the number of years. Of course, I make no attempt at prediction. I
+leave infallibility to the grave fools of conclaves and councils; but
+the French mob will beat them all. What army can stand before a
+pestilence? When I was last in Sicily, I went to the summit of Etna
+during the time of an eruption. On my way, I slept at one of the
+convents on the slope of the mountain. I was roused from my sleep by a
+midnight clamour in the court of the convent--the monks were fluttering
+in all corners, like frightened chickens. I came down from my chamber,
+and was told the cause of the alarm in the sudden turn of a stream of
+the eruption towards the convent. I laughed at the idea of hazard from
+such a source, when the building was one mass of stone, and, of course,
+as I conceived, incombustible. '_Santissima Madre!_' exclaimed the
+frightened superior, who stood wringing his hands and calling on all the
+saints in his breviary; 'you do not know of what stone it is built. All
+is lava; and at the first touch of the red-hot rocks now rolling down
+upon us, every stone in the walls will melt like wax in the furnace.'
+The old monk was right. We lost no time in making our escape to a
+neighbouring pinnacle, and from it saw the stream of molten stone roll
+round the walls, inflame them, scorch, swell, and finally melt them
+down. Before daylight, the site of the convent was a gulf of flame. This
+comes of sympathy in stones--what will it be in men? Wait a twelvemonth;
+and you will see the flash and flame of French republicanism melting
+down every barrier of the Continent. The mob has the mob on its side for
+ever. The offer of liberty to men who have spent a thousand years under
+despotism, is irresistible. Light may blind, but who loves utter
+darkness? The soldier may melt down like the rest; he is a man, and may
+be a madman like the rest; he, too, is one of the multitude.
+
+"Their language may be folly or wisdom, it may be stolen from the
+ramblings of romance writers, or be the simple utterance of
+irrepressible instincts within; but it is the language which I hear
+every where around me. Men eat and drink to it, work and play to it,
+awake and sleep to it. It is in the rocks and the streams, in the
+cradle, and almost on the deathbed. It rings in the very atmosphere; and
+what must be the consequence? If the French ever cross the Rhine, they
+will sweep every thing before them, as easily as a cloud sweeps across
+the sky, and with as little power in man to prevent them. A cluster of
+church steeples or palace spires could do no more to stop the rush of a
+hurricane.
+
+"You will call me a panegyrist of Republicanism, or of France. I have no
+love for either. But I may admire the spring of the tiger, or even give
+him credit for the strength of his tusks, and the grasp of his talons,
+without desiring to see him take the place of my spaniel on the
+hearth-rug, or choosing him as the companion of my travels. _I_ dread
+the power of the multitude, _I_ despair of its discipline, and _I_
+shrink from the fury of its passions. A republic in France can be
+nothing but a funeral pile, in which the whole fabric is made, not for
+use, but for destruction; which man cannot inhabit, but which the first
+torch will set in a blaze from the base to the summit; and upon which,
+after all, corpses alone crown the whole hasty and tottering erection.
+But this I _shall_ say, that Germany is at this moment on the verge of
+insurrection; and that the first French flag which waves on the right
+bank of the Rhine will be the signal of explosion. I say more; that if
+the effect is to be permanent, pure, or beneficial, it will _not_ be the
+result of the tricolor. The French conquests have always been brilliant,
+but it was the brilliancy of a soap-bubble. A puff of the weakest lips
+that ever breathed from a throne, has always been enough to make the
+nation conquerors; but the hues of glory no sooner began to colour the
+thin fabric, than it burst before the eye, and the nation had only to
+try another bubble. It is my impression, that the favouritism of
+Revolution at this moment will even receive its death-blow from France
+itself. All is well while nothing is seen of it but the blaze
+ascending, hour by hour, from the fragments of her throne, or nothing
+heard but the theatrical songs of the pageants which perform the new
+idolatry of 'reason.' But when the Frenchman shall come among nations
+with the bayonet in his right hand and with the proclamation in his
+left--when he turns his charger loose into the corn-field, and robs the
+peasant whom he harangues on the rights of the people--this republican
+baptism will give no new power to the conversion. The German phlegm will
+kick, the French _vivacité_ will scourge, and then alone will the true
+war begin. Yet all this may be but the prelude. When the war of weapons
+has been buried in its own ashes, another war may begin, the war of
+minds--the struggle of mighty nations, the battle of an ambition of
+which our purblind age has not even a glimpse--a terrible strife, yet
+worthy of the immortal principle of man, and to be rewarded only by a
+victory which shall throw all the exploits of soldiership into the
+shade."
+
+While I was meditating on the hidden meanings of this letter, in which
+my Jewish friend seemed to have imbibed something of the dreamy spirit
+of Germany itself, I was startled by a tremendous uproar outside the
+hospital--the drums beat to arms, the garrison hastily mustered, the
+population poured into the streets, and a strong and startling light in
+all the casements, showed that some great conflagration had just begun.
+The intelligence was soon spread that the Hotel de Ville, the noblest
+building in the city, a fine specimen of Italian architecture of the
+seventeenth century, and containing some incomparable pictures by the
+Italian masters, and a _chef-d'oeuvre_ of Rubens, had been set on fire
+by a bomb, and was now in a blaze from battlement to ground. The next
+intelligence was still more painful. The principal convent of the city,
+which was close in its rear, had taken fire, and the unfortunate nuns
+were seen at the windows in the most imminent danger of perishing.
+Feeble as I was, I immediately rose. The Béguine rushed in at the
+moment, wringing her hands and uttering the wildest cries of terror at
+the probable destruction of those unhappy women. I volunteered my
+services, which were accepted, and I hurried out to assist in saving
+them if possible. The spectacle was overwhelming.
+
+The Hotel de Ville was a large and nearly insulated building, with a
+kind of garden-walk round three of its sides, which was now filled with
+the populace. The garrison exhibited all the activity of the national
+character in their efforts to extinguish the flames. Scaling-ladders
+were applied to the windows, men mounted them thick as bees;
+fire-buckets were passed from hand to hand, for the fire-engines had
+been long since destroyed by the cannonade; and there seemed to be some
+hope of saving the structure, when a succession of agonizing screams
+fixed every eye on the convent, where the fire had found its way to the
+stores of wood and oil, and shot up like the explosion of gunpowder. The
+efforts of the troops were now turned to save the convent; but the
+intense fury of the flame defeated every attempt. The scaling-ladders no
+sooner touched the casements than they took fire; the very walls were so
+hot that none could approach them; and every new gust swept down a sheet
+of flame, which put the multitude to flight in all directions. Artillery
+was now brought out to breach the walls; but while there remained a
+hundred and fifty human beings within, it was impossible to make use of
+the guns. All efforts at length ceased; and the horror was deepened, if
+such could be, by seeing now and then a distracted figure rush to a
+casement, toss up her arms to heaven, and then rush back again with a
+howl of despair.
+
+I proposed to the French officers that they should dig under the
+foundations, and thus open a way of escape through the vaults. The
+attempt was made, but it had the ill success of all the rest. The walls
+were too massive for our strength, and the pickaxe and spade were thrown
+aside in despair. From the silence which now seemed to reign within, and
+the volumes of smoke which poured from the casements, it began to be the
+general impression that the fate of the nuns was already decided; and
+the officers were about to limber up their guns and retire, when I
+begged their chief to make one trial more, and fire at a huge iron door
+which closed a lofty archway leading to the Hotel de Ville. He complied;
+a six-pound ball was sent against the door, and it flew off its hinges.
+To the boundless exultation and astonishment of all, we saw the effect
+of this fortunate shot, in the emergence of the whole body of the nuns
+from the smoking and shattered building. They had been driven, step by
+step, from the interior to the long stone-built passage which in old
+times had formed a communication with the town, and which had probably
+not been used for a century. The troops and populace now rushed into the
+Hotel de Ville to meet and convey them to places of safety. I followed
+with the same object, yet with some unaccountable feeling that I had a
+personal interest in the rescue. The halls and apartments were on the
+huge and heavy scale of ancient times, and I was more than once
+bewildered in ranges of corridors filled with the grim reliques of civic
+magnificence, fierce portraits of forgotten men of city fame, portentous
+burghers, and mailed captains of train bands. The unhappy women were at
+length gathered from the different galleries to which they had scattered
+in their fright, and were mustered at the head of the principal
+entrance, or _grand escalier_, at whose foot the escort was drawn up for
+their protection.
+
+But the terrors of that fearful night were not yet at an end. The light
+of the conflagration had caught the eye of the besiegers, and a whole
+flight of shells were sent in its direction. Some burst in the street,
+putting the populace to flight on every side; and, while the women were
+on the point of rushing down the stair, a crash was heard above, and an
+enormous shell burst through the roof, carrying down shattered rafters,
+stones, and a cloud of dust. The batteries had found our range, and a
+succession of shells burst above our heads, or tore their way downwards.
+All was now confusion and shrieking. At length one fell on the centre of
+the _escalier_, rolled down a few steps, and, bursting, tore up the
+whole stair, leaving only a deep gulf between us and the portal. The
+women fled back through the apartment. I now regarded all as lost; and
+expecting the roof to come down every moment on my head, and hearing
+nothing round me but the bursting and hissing of those horrible
+instruments of havoc, I hurried through the chambers, in the hope of
+finding some casement from which I might reach the ground. They were all
+lofty and difficult of access, but I at length climbed up to one, from
+which, though twenty or thirty feet from the path below, I determined to
+take the plunge. I was about to leap, when, to my infinite surprise, I
+heard my name pronounced. I stopped. I heard the words--"_Adieu, pour
+toujours!_" All was dark within the room, but I returned to discover the
+speaker. It was a female on her knees near the casement, and evidently
+preparing to die in prayer. I took her hand, and led her passively
+towards the window; she wore the dress of a nun, and her veil was on her
+face. As she seemed fainting, I gently removed it to give her air. A
+sheet of flame suddenly threw a broad light across the garden, and in
+that face I saw--Clotilde! She gave a feeble cry, and fell into my arms.
+
+Our escape was accomplished soon after, by one of the scaling-ladders
+which was brought at my call; and before I slept, I had seen the being
+in whom my very existence was concentrated, safely lodged with the
+principal family of the town. Slept, did I say? I never rested for an
+instant. Thoughts, reveries, a thousand wild speculations, rose, fell,
+chased each other through my brain, and all left me feverish,
+half-frantic, and delighted.
+
+At the earliest moment which could be permitted by the formalities of
+France, even in a besieged town, I flew to Clotilde. She received me
+with the candour of her noble nature. Her countenance brightened with
+sudden joy as she approached me. In the _salle de reception_ she sat
+surrounded by the ladies of the family, still full of enquiries on the
+perils of the night, congratulations on her marvellous escape, and no
+slight approval of the effect of the convent costume on the contour of
+her fine form and expressive features. My entrance produced a diversion
+in her favour; and I was showered with showy speeches from the seniors
+of the circle; the younger portion suddenly relapsing into that frigid
+propriety which the Mademoiselle retains until she becomes the Madame,
+and then flings off for ever like her girlish wardrobe. But their eyes
+took their full share, and if glances at the "Englishman" could have
+been transfered into words, I should have enjoyed a very animated
+conversation on the part of the _Jeunes Innocenes_. But I shrank from
+the panegyric of my "heroism," as it was pronounced in all the tones of
+courtesy; and longed for the voice of Clotilde alone. The circle at last
+withdrew, and I was left to the most exquisite enjoyment of which the
+mind of man is capable--the full, fond, and faithful outpouring of the
+heart of the woman he loves. Strange to say, I had never exchanged a
+syllable with Clotilde before; and yet we now as deeply understood each
+other--were as much in each other's confidence, and had as little of the
+repulsive ceremonial of a first interview, as if we had conversed for
+years.
+
+"You saved my life," said she; "and you are entitled to my truest
+gratitude to my last hour. I had made up my mind to die. I was exhausted
+in the attempt to escape from that horrible convent. When at last I
+reached the Hotel de Ville, and found that all the sisterhood had been
+driven back from the great stair by the flames, I gave up all hope: and
+may I acknowledge, unblamed, to you--but from _you_ what right have I
+now to conceal any secret of my feelings?--I was not unwilling to lay
+down a life which seemed to grow darker from day to day."
+
+"You were wearied of your convent life?" said I, fixing my eyes on hers
+with eager enquiry. "But you must not tell me that you are a nun. The
+new laws of France forbid that sacrifice. My sweet Clotilde, while I
+live, I shall never recognise your vows."
+
+"You need not," she answered, with a smile that glowed.
+
+    'Celestial rosy red, love's proper hue.'
+
+"I have never taken them. The superior of the convent was my near
+relative, and I fled to her protection from the pursuit of one whom I
+never could have respected, and whom later thoughts have made me all but
+abhor."
+
+"Montrecour! I shall pursue him through the world."
+
+"No," said Clotilde; "he is as unworthy of your resentment as of my
+recollection. He is a traitor to his king and a disgrace to his
+nobility. He is now a general in the Republican service, Citizen
+Montrecour. But we must talk of him no more."
+
+She blushed deeply, and after some hesitation, said, "I am perfectly
+aware that the marriages customary among our noblesse were too often
+contracted in the mere spirit of exclusiveness; and I own that the
+proposal of my alliance with the Marquis de Montrecour was a family
+arrangement, perfectly in the spirit of other days. But my residence in
+England changed my opinions on the custom of my country, and I
+determined never to marry." She stopped short, and with a faint smile,
+said, "But let us talk of something else." Her cheek was crimson, and
+her eyes were fixed on the ground.
+
+"No, Clotilde, talk of nothing else. Talk of your feelings, your
+sentiments, of yourself, and all that concerns yourself. No subject on
+earth can ever be so delightful to your friend. But, talk of what you
+will, and I shall listen with a pleasure which no human being has ever
+given me before, or ever shall give me again."
+
+She raised her magnificent eyes, and fixed them full upon me with an
+involuntary look of surprise, then grew suddenly pale, and closed them
+as if she were fainting. "I must listen," said she, "to this language no
+longer. I know you to be above deception. I know you to be above playing
+with the vanity of one unused to praise, and to such praise. But I have
+a spirit as high as your own. Let us be friends. It will give an
+additional honour to my name; shall I say"--and she faltered--"an
+additional interest to my existence. Now we must part for a while."
+
+"Never!" was my exclamation. "The world does not contain two Clotildes.
+And you shall never leave me. You have just told me that I preserved
+your life. Why shall I not be its protector still? Why not be suffered
+to devote mine to making yours happy?" But the bitter thought struck me
+as I uttered the words--how far I was from the power of giving this
+incomparable creature the station in society which was hers by right!
+How feeble was my hope even of competence! How painfully I should look
+upon her beauty, her fine understanding, and her generous heart, humbled
+to the narrow circumstances of one whose life depended upon the chances
+of the most precarious of all professions, and whose success in that
+profession depended wholly on the caprice of fortune. But one glance
+more drove all doubts away, and I took her hand.
+
+She looked at me with speechless embarrassment, sighed deeply, and a
+tear stole down her cheek. At length, withdrawing her hand, she said, in
+almost a whisper, and with an evident effort, "This must not be. I feel
+infinite honour in your good opinion--deeply grateful for your kindness.
+But this must not be. No. I should rather wear this habit for my life,
+than make so ungenerous a return to the noble spirit that can thus offer
+its friendship to a stranger."
+
+"No, Clotilde, no. Again, in my turn, I say, this must not be; you are
+_no_ stranger. I know you at this hour as well as if I had known you
+from the first hour of my being. I gave my heart to you from the moment
+when I first saw you among your countrywomen in England. It required no
+time to make me feel that you were my fate. It was an instinct, a spell,
+a voice of nature, a voice of heaven within me!"
+
+She listened and trembled. I again took the hand, which was withheld no
+more. "From that day, Clotilde, you were my thought by day and my dream
+by night. All my desires of distinction were, that it might be seen by
+your eye; all my hopes of fortune, that I might be enabled to lay it at
+your feet. If a throne were offered to me on condition of renouncing
+you, I should have rejected it. If it were my lot to labour in the
+humblest rank of life, with _you_ by my side I should have cheerfully
+laboured; and, with your hand in mine, I should have said, I have found
+what is worth the world--happiness!"
+
+Tears flowed down her cheeks, which were now like marble. She feebly
+attempted to smile, while, with eyelids drooping, and her whole frame
+quivering with emotion, she murmured in broken accents, "It is
+impossible--utterly impossible! leave me. I must not bring you a
+portionless, a helpless, a nameless being--a mere dependent on your
+kindness, a burden on your fortune, an obstacle to your whole advance in
+the world!" A rich flush suddenly lighted up her lovely countenance, and
+a new splendour flashed from her eyes. She threw back her head loftily,
+and looking upwards, as if to draw thoughts from above--"Sir," said she,
+"I am as proud as you. I have had noble ancestors; I have borne a noble
+name. If that name has fallen, it is in the common wreck of my country.
+Our fortunes have sunk, only where the monarchy has gone down along with
+them; and I shall never degrade the memory of those ancestors, nor
+humiliate still more the fallen name of our house, by imposing my
+obscurity, my poverty, on one who has honoured me as you have done.
+Now--farewell! My resolution is fixed. Farewell, my friend! I shall
+never forget this day." She turned away her face, and wept abundantly;
+then, fixing a deep look on me, she added--"I own that it would be a
+consolation to Clotilde de Tourville to believe that she may be
+sometimes remembered; but, until times change, we meet no more--if they
+change not, we part for ever."
+
+I was so completely startled, so thunderstruck, by this declaration,
+that I could not utter a word. I stood gazing at her with open lips. I
+felt a mist gathering over my eyes; a strange sensation about my heart
+chilled my whole frame. I tottered to the sofa and pressed my hand in
+pain upon my eyes; when I withdrew it, I was alone--Clotilde was gone,
+she had vanished with the silence of a vision.
+
+I left the house immediately, in a state of mind which seemed like a
+dissolution of all my faculties. I could not speak--I could scarcely
+see--I could only gasp for air, and retain sufficient power over my
+limbs to guide my steps to my melancholy dwelling. There I threw myself
+on my rough bed, and lingered throughout the day in an exhaustion of
+mind and body, which I sometimes thought to be the approach of death.
+How little could Clotilde have intended that I should suffer thus for
+her high-toned delicacy! Still, in all my misery of soul, I did her
+justice. I remembered the countenance of melancholy beauty with which
+she announced her final determination. The accents of her impassioned
+voice continually rose in my recollection, giving the deepest testimony
+of a heart struggling at once with affection and a sense of duty. In my
+wildest reveries during that day and night of wretchedness, I felt that,
+if she could have spared me a single pang, she would have rejoiced to
+cheer, to console, to tranquillize me. Those were strange feelings for a
+rejected lover, but they were entirely mine. There was so lofty a spirit
+in her glance, so true a sincerity in her language, so pure and
+transparent a truth in her sighs, and smiles, and involuntary tears,
+that I acquitted her, from my soul, of all attempts to try, or triumph
+over, my devotion to her. More than once, during that night of anguish,
+I almost imagined the scene of the day actually passing again before my
+eyes. I saw her sorrows, and vainly endeavoured to subdue them; I heard
+her convulsive tones, and attempted to calm them; I reasoned with her,
+talked of our common helplessness, acknowledged the dignity and the
+delicacy of her conduct, and even gave her lip the kiss of peace and
+sorrow as I bade her farewell. Deep but exquisite illusion! which I
+cherished, and strove to renew; until, suddenly aroused by some changing
+of the sentinels, or passing of the attendants, I looked round, and saw
+nothing but the gloomy roof, the old flickering of the huge lantern
+hanging from the centre of the hall, and the beds where so many had
+slept their last, and which so many of the sleepers were never to leave
+with life. I then had the true experience of human passion. Love, in the
+light and gay, may be as sportive as themselves; in the calm and grave,
+it may be strong and deep; but in some, it is strong as tempest and
+consuming as flame.
+
+I should probably have closed my days in that place of all afflicting
+sights and sounds, but for my good old Béguine. On her first visit at
+dawn, she lectured me prodigiously on the folly of exposing myself to
+the hazards of the night air, of which she evidently thought much more
+than of the Austrian cannon-balls. "They might shower upon the buildings
+as they pleased, but," said the Béguine, "if they kill, their business
+is done. It is your cold, your damp, your night air, that carries off,
+without letting any one know how," the perplexity of science on the
+subject plainly forming the chief evil in poor Juliet's mind.
+
+"See my own condition," said she, striving to bring her recollections in
+aid of her advice. "At fifteen I was a barmaid at the Swartz Adler;
+there I ran in and out, danced at all the family fêtes, and was as gay
+as a bird on the tree. But that life was too good to last. At twenty, a
+corporal of Prussian dragoons fell in love with me, or I with him--it is
+all the same. His regiment was ordered to Silesia, and away we all
+marched. But if ever there was a country of fogs, that was the one.
+There are, now and then, a few even in our delightful France; but, in
+Silesia, they have a patent for them, they have them _par privilège_; if
+men could eat them, there would never be a chance of starving in
+Silesia. So we all got sore throats. Cannon and musketry were nothing to
+them. Our dragoons dropped off like flies at the end of summer; and,
+unless we had been ordered away to keep the Turks from marching to
+Berlin, or the saints know where, the regiment would have had its last
+quarters in this world within a league of the marshes of Breslau. So I
+say ever since--take care of damp."
+
+Having thus relieved her good-natured spirit of its burden, she
+proceeded to give me sketches of her history. The corporal had fallen a
+victim--though whether to Silesian fog, brandy, or bullet, she left
+doubtful--and she had married his successor in the rank. Love and
+matrimony in the army are of a different order from either in civil
+life; for the love is perpetual, the matrimony precarious. Juliet
+acknowledged that she never left above a month's interval between her
+afflictions as a widow and her consolations as a wife. In the course of
+time she changed her service. A handsome Austrian sergeant won her heart
+and hand, and she followed him to Hungary. There, between marsh fever
+and Turkish skirmishing, various casualties occurred in the matrimonial
+list; and Juliet, who evidently had been a handsome brunette, and whose
+French vivacity distanced all the heavy charms of the Austrian
+peasantry, was never without a husband. At length, like other veterans,
+having served her country to the full extent of her patriotism, she was
+discharged with her tenth husband, and of course induced the honest
+Austrian to come to the only country on which, in a Frenchwoman's creed,
+the sun shines. There the Austrian died.
+
+"I loved him," said the Béguine, wiping her eyes. "He was an excellent
+fellow, though dull; and I believe, next to smoking and schnaps, he
+loved me better than any thing else in the world. But on his emperor's
+birth-day, which he always kept with a bottle of brandy additional, he
+rambled out into the fog, and came back with a cold. _Peste!_ I knew it
+was all over with him; but I nursed him like a babe, and he died, like a
+true Austrian, with his meerschaum in his mouth, bequeathing me his
+snuff-box, the certificate of his pension, and his blessing. I buried
+him, got pensioned, and was broken-hearted. What, then, was to be done?
+I was born for society. I once or twice thought of an eleventh husband;
+but I was rich. I had above a thousand francs, and a pension of a
+hundred; this perplexed me. I was determined to be married for myself
+alone. Yet, how could I know whether the hypocrites who clustered round
+me were not thinking of my money all the while? So I determined to marry
+no more--and became a Béguine."
+
+In all my vexation, I could not help turning my eye upon the
+sentimentalist. She interpreted it in the happy way of her country. "You
+wonder at my self-denial," said she; "I perceive it in your
+astonishment. I was _but_ fifty then. Yes," said she, clasping her hands
+and looking pathetic; "I acknowledge that it _was_ cruel. What right had
+I to break so many hearts? I have much to answer for--and I _but_ fifty!
+I am even now but fifty-six. Yet, observe, I have taken no vows; remark
+_that_, Monsieur le Capitaine. At this moment I am only a _Soeur de
+Charité_. No, nothing shall ever induce me to make or keep the vows. _I_
+am free to marry to-morrow; and I only beg, Monsieur le Capitaine, that
+when you are well enough to go abroad again, whether in the town or in
+the country, or in whatever part of Europe you may travel, you will have
+the kindness to state positively, most positively, that Juliet
+Donnertronk, _née_ Ventrebleu, has not taken, and never will take, any
+vows whatever!"
+
+"Not even those of marriage, Juliet?" asked I.
+
+She laughed, and patted my burning head, with "_Ah, vous êtes bien bon!
+Ah, moqueur Anglais!_" finishing with all the pantomine of blushing
+confusion, and starting away like a fluttered pigeon.
+
+As soon as I felt able to move, which was not till some days after, my
+first effort was to reach the mansion in which Clotilde resided. But
+there I received the intelligence, that on the evening of the day of my
+first and last visit, she had left the town with the superior of the
+convent. She had made such urgent entreaties to the governor to be
+permitted to leave Valenciennes, that he had obtained a passport for her
+from the general commanding the trenches; and not only for her, but also
+for the nuns--the burning of whose convent had left them houseless.
+
+Painful as it was thus to lose her, it was in some degree a relief to
+find that she was under the protection of her relative; and when I saw,
+from day to day, the ravage that was committed by the tremendous weight
+of fire, I almost rejoiced that she was no longer exposed to its perils.
+
+But it was my fate, or perhaps my good fortune, never to be suffered to
+brood long over my own calamities. My life was spent in the midst of
+tumults, which, if they did not extinguish--and what could
+extinguish?--the sense of such mental trials, at least prevented the
+echo of my complaints from returning to my ears. Before the midnight of
+that very day in which I had flung myself on my couch with almost total
+indifference as to my ever resting on another, the whole city was
+alarmed by the intelligence that the besiegers were evidently preparing
+for an assault. I listened undisturbed. Even this could scarcely add to
+the horrors in which the inhabitants lived from hour to hour; and to me
+it was the hope of a rescue, unless I should be struck by some of the
+shells, which now were perpetually bursting in the streets, or should
+even fall a victim to the wrath of the incensed garrison. But an order
+came suddenly to the officer in charge of the hospital, to send all the
+patients into the vaults, and throw all the beds on the roof, to deaden
+the weight of the fire. He was a man of gentlemanlike manners, and had
+been attentive to me, in the shape of many of those minor civilities
+which a man of severe authority might have refused, but which mark
+kindliness of disposition. On this night he told me, that he had orders
+to put all the prisoners in arrest; but that he regarded me more as a
+friend than a prisoner--and that I was at liberty to take any precaution
+for my security which I thought proper. My answer was, "that I hoped, at
+all events, not to be shut into the vaults, but to take my chance above
+ground." In the end, I proposed to assist in carrying the mattresses to
+the roof, and remain there until the night was over. "But you will be
+hit," said my friend. "So be it," was my answer. "It is the natural fate
+of my profession; but, at least, I shall not be buried alive."
+
+"All will be soon over with us all, and with Valenciennes," said the
+officer; "though whether to-night or not, is a question. We have seen
+new batteries raised within the last twenty-four hours. The enemy have
+now nearly three hundred heavy guns in full play; and, to judge from the
+quantity of shells, they must have a hundred mortars besides. No
+fortress can stand this; and, if it continues, we shall soon be ground
+into dust." He took his leave; and, with my mattress on my shoulder, I
+mounted the numberless and creaking staircases, until the door of the
+roof and the landscape opened on me together.
+
+The night was excessively dark, but perfectly calm; and, except where
+the fire from the batteries marked their position, all objects beyond
+the ramparts were invisible. The town around me lay silent, and looking
+more like a vast grave than a place of human existence. Now and then the
+light of a lantern gliding along the ruined streets, showed me a group
+of wretched beings hurrying a corpse to the next churchyard, or a priest
+seeking his way over the broken heaps to attend some dying soldier or
+citizen. All was utter desolation.
+
+But a new scene--a terrible and yet a superb one--suddenly broke upon
+me. A discharge of rockets from various points of the allied lines,
+showed that a general movement was begun. The batteries opened along the
+whole extent of the trenches, and by their blaze I was able to discern,
+advancing and formed in their rear, two immense columns, which, however,
+in the distance and the fitfulness of the glare, looked more like huge
+clouds than living beings. The guns of the ramparts soon replied, and
+the roar was deafening; while the plunging of shot along the ramparts
+and roofs made our situation perilous in no slight degree. But, in the
+midst of this hurricane of fire, I saw a single rocket shoot up from the
+camp, and the whole range of the batteries ceased at the instant. The
+completeness of the cessation was scarcely less appalling than the roar.
+While every telescope was turned intently to the spot, where the columns
+and batteries seemed to have sunk together into the earth, a pyramid of
+blasting flame burst up to the very clouds, carrying with it fragments
+of beams and masonry. The explosion rent the air, and shook the building
+on which I stood as if it had been a house of sand. A crowd of engineer
+and staff-officers now rushed on the roof, and their alarm at the
+results of the concussion was undisguised. "This is what we suspected,"
+said the chief to me; "but it was impossible to discover where the
+gallery of their mine was run. Our counter mine has clearly failed." He
+had scarcely spoken the words, before a second and still broader
+explosion tore up the ground to a great extent, and threw the
+counterscarp for several hundred yards into the ditch. The drums of the
+columns were now distinctly heard beating the advance; but darkness had
+again fallen, and all was invisible. A third explosion followed, still
+closer to the ramparts, which blew up the face of the grand bastion. The
+stormers now gave a general shout, and I saw them gallantly dashing
+across the ditch and covered way, tearing down the palisades, fighting
+hand to hand, clearing the outworks with the bayonet, and finally making
+a lodgement on the bastion itself. The red-coats, which now swarmed
+through the works, and the colours planted on the rampart, showed me
+that my countrymen had led the assault, and my heart throbbed with envy
+and admiration. "Why am I not there?" was my involuntary cry; as I
+almost wished that some of the shots, which were not flying about the
+roofs, would relieve me from the shame of being a helpless spectator.
+"_Mon ami_," said the voice of the brave and good-natured Frenchman, who
+had overheard me--"if you wish to rejoin your regiment, you will not
+have long to wait. This affair will not be decided to-night, as I
+thought that it would be half an hour ago. I see that they have done as
+much as they intended for the time, and mean to leave the rest to fright
+and famine. To-morrow will tell us something. Pack up your valise. _Bon
+soir!_"
+
+
+
+
+SONNET TO CLARKSON.
+
+
+    Patriot for England's conscience! Champion keen
+    Of man's one holy birthright! dear grey head,
+    Laurell'd with blessings!--Hath my country bred
+    Lips, to her shame, in unregenerate spleen
+    Profaning heaven's own air with words unclean
+    Against thy sacred name?--Th' august pure Dead
+    In calm of glory sleep:--like them serene,
+    In virtue firmlier mail'd than they with dust,
+    Wait, Clarkson, on our sorrow-trodden sphere,
+    Until her climes waft promise to thine ear,
+    How each thy proud renown will have in trust:
+    Then call'd, at the life-judging Throne appear
+    On the right hand, avouched Loving and Just.
+
+                                        A. B.
+
+
+
+
+LETTER FROM THE RIGHT HON. CHARLES HOPE, LATE LORD PRESIDENT OF THE
+COURT OF SESSION.
+
+
+                                EDINBURGH, _25th October 1844_.
+
+TO THE EDITOR OF BLACKWOOD'S MAGAZINE.
+
+SIR,
+
+I did not read Mr Lockhart's "Life of Sir Walter Scott," and therefore
+it was only lately, and by mere accident, I heard that he has inserted
+an anecdote of Lord Braxfield, which, if it had been true, must for ever
+load his memory with indelible infamy. The story, in substance, I
+understand to be this--That Lord Braxfield once tried a man for forgery
+at the Circuit at _Dumfries_, who was not merely an acquaintance, but an
+intimate friend of his Lordship, with whom he used to play at chess:
+That he did this as coolly as if he had been a perfect stranger: That
+the man was found guilty: That he pronounced sentence of death upon him;
+and then added, "Now, John, I think I have _checkmated_ you now." A more
+unfeeling and brutal conduct it is hardly possible to imagine. The
+moment I heard the story I contradicted it; as, from my personal
+knowledge of Lord Braxfield, I was certain that it could not be true.
+Lord Braxfield certainly was not a polished man in his manners; and
+now-a-days especially would be thought a coarse man. But he was a
+kind-hearted man, and a warm and steady friend--intimately acquainted
+with all my family, and much esteemed by them all. I was under great
+obligations to him for the countenance he showed me when I came to the
+bar, just sixty years ago, and therefore I was resolved to probe the
+matter to the bottom. For that purpose, I directed the record of the
+South Circuit to be carefully searched, and the result is, that Lord
+Braxfield _never tried any man for forgery at Dumfries_. But I was not
+satisfied with this, as it might have been said that Sir Walter had only
+mistaken the town, and that the thing might have happened at some of the
+other Circuit towns. Therefore I then directed a search to be made of
+the records of all the other Circuits in Scotland, during the whole time
+that Lord Braxfield sat on the Justiciary Bench; and the result is, that
+his Lordship never tried any man for forgery at any of the Circuits,
+_except once at Stirling_; and then the culprit, instead of being a
+friend, or even a common acquaintance of Lord Braxfield's, _was a
+miserable shopkeeper in the town of Falkirk_, whose very name it is
+hardly possible he could have heard till he read it in the indictment.
+Therefore I think I have effectually cleared his character from the
+ineffable infamy of such brutality.
+
+I understand that Mr Lockhart became completely satisfied that this
+story did not apply to Lord Braxfield; and therefore has set it down, in
+his second edition, to the credit, or rather to the discredit, not of
+Lord Braxfield, but of a "_certain judge_." But this does not
+sufficiently clear Lord Braxfield of it. Because thousands may never see
+his second edition, or if they did, might think that the story still
+related to Lord Braxfield, but that Mr Lockhart had suppressed his name
+out of delicacy to his family; and therefore, as your excellent Magazine
+has a more extensive circulation in Scotland than the _Quarterly_, I beg
+of you to give this letter an early place. I understand one circumstance
+which satisfied Mr Lockhart that the story did not apply to Lord
+Braxfield is, that the family had assured him that he never played at
+chess--a fact of which I could also have assured Mr Lockhart. But the
+search of the records of Justiciary, which I directed to be made, is the
+most satisfactory refutation of the infamous calumny; and I cannot
+imagine how Sir Walter could have believed it for a moment. Certainly he
+would not, if he had known Lord Braxfield as intimately as I did. I owe
+a debt of gratitude to his memory, and am happy to have an opportunity
+of repaying it.
+
+                                I am,
+                                  Sir,
+                                    Your most obedient servant,
+                                      C. HOPE.
+
+
+
+
+POEMS BY ELIZABETH B. BARRETT.[31]
+
+
+These volumes, from the pen of Miss Barrett, would be a remarkable
+publication at any time; but, in the present dearth of poetical genius,
+their appearance is doubly welcome; their claims on our consideration
+are doubly strong; and we cannot allow ourselves to pass them over
+without some detailed notice of their contents. In spite of many
+blemishes in point of execution, this lady's poems have left a very
+favourable impression on our mind. If the poetess does not always
+command our unqualified approbation, we are at all times disposed to
+bend in reverence before the deep-hearted and highly accomplished
+woman--a woman, whose powers appear to us to extend over a wider and
+profounder range of thought and feeling, than ever before fell within
+the intellectual compass of any of the softer sex.
+
+If we might venture to divine this lady's moral and intellectual
+character from the general tone of her writings, we should say, that
+never did woman's mind dwell more habitually among the thoughts of a
+solemn experience--never was woman's genius impressed more profoundly
+with the earnestness of life, or sanctified more purely by the
+overshadowing awfulness of death. She aspires to write as she has lived;
+and certainly her poetry opens up many glimpses into the history of a
+pure and profound heart which has felt and suffered much. At the same
+time, a reflective cast of intellect lifts her feelings into a higher
+and calmer region than that of ordinary sorrow. There are certain
+delicate and felicitous peculiarities in the constitution of her
+sensibilities, which frequently impart a rare and subtle originality to
+emotions which are as old, and as widely diffused, as the primeval
+curse. The spirit of her poetry appears to us to be eminently religious;
+not because we think her very successful when she deals directly with
+the mysteries of divine truth, but because she makes us feel, even when
+handling the least sacred subjects, that we are in the presence of a
+heart which, in its purity, sees God. In the writings of such a woman,
+there must be much which is calculated to be a blessing and a benefit to
+mankind. If her genius always found a suitable exponent in her style,
+she would stand unrivaled, we think, among the poetesses of England.
+
+But whether it be that Miss Barrett is afraid of degrading poetry to the
+low rank of an _accomplishment_--whether it be that she has some
+peculiar theory of her own on the subject of language, and on the mode
+in which poetical emotions may be most felicitously expressed--whether
+it be that nature has denied her the possession of a sound critical
+judgment, or that she refuses to exercise it in the moment of
+inspiration--whether it be that she considers the habit of pure and
+polished composition an attainment of very secondary importance--or
+whether it be that she has allowed herself to be infected by the
+prevailing mannerisms of the day--certain it is, that there is a large
+proportion of her poetry in which she has failed to add the graces of
+good style and of careful versification to her other excellent
+acquirements. That she can write pure English, and that she frequently
+does so, is undeniable. In some of the extracts which we shall give, we
+believe that the language could scarcely be improved. But we are
+constrained to say, that her compositions are very often disfigured by
+strained or slovenly modes of phraseology, which greatly detract from
+their impressiveness, and which must materially injure the reputation of
+their authoress, by turning away many hearts from the homage which they
+otherwise would most willingly have rendered to her exalted genius.
+
+Miss Barrett is a classical scholar. She surely knows that the great
+works in which she delights have earned the epithet of _classical_, and
+come recommended to the reverence of all mankind, solely in virtue of
+the scrupulous propriety of their language; and because they are fitted
+to serve as models of style to all succeeding generations. The purity of
+their diction, and nothing else, has been their passport to immortality.
+We cannot but lament that Miss Barrett has not provided more surely for
+her future fame, by turning to their best account the lessons which the
+masterpieces of antiquity are especially commissioned to teach.
+
+Let it not be thought that we would counsel Miss Barrett, or any one
+else, to propose these works to themselves as direct objects of
+imitation. Far from it. Such directions would be very vague and
+unmeaning, and might lead to the commission of the very errors which
+they aimed at preventing. The words "purity and propriety of diction"
+are themselves very vague words. Let us say, then, that a style which
+goes at once to the point, which is felt to _get through business_, and
+which carries with it no affectation, either real or apparent, is always
+a good style; and that no other style is good. This is the quality which
+may be generalized from the works of the great authors of all ages, as
+the prime characteristic of all good writing. Their style is always
+pregnant with a working activity--it impresses us with the feeling that
+real work is done here. We fear not to say that Milton himself owes much
+of his reputation to the peremptory and business-like vigour of his
+style. He never beats about the bush--he never employs language which a
+plain man would not have employed--if he could. The sublimity of
+"Paradise Lost" is supported throughout by the direct force of its
+language--language the most elaborate, but also the most to the point,
+and the least fantastical, that ever fell from human lips. There are
+difficulties to encounter in the abstract conception of the poem. The
+naked argument does not at first recommend itself to our understanding.
+It is not till we have vanquished those difficulties,--in which step we
+are mainly assisted by the unparalleled execution of the work,--that all
+our sympathies gravitate towards the mysterious theme.
+
+Now if it be true that it requires all the force of a thoroughly
+practical style to reconcile our affections to such remote and obscure
+conceptions as the fall of man, the war of the rebellious angels, &c.,
+it is peculiarly unfortunate that Miss Barrett, in her opening poem,
+entitled a "Drama of Exile," should have ventured to tread on Miltonic
+ground. For, while our feelings are naturally disposed to fly off at a
+tangent from the vague and impalpable conceptions which form the staple
+of her poem, the dreamy and unpractical character of her style makes
+them fly still further from the subject. The force of her language is
+not sufficient to bind down and rivet our sympathies to the theme; and
+the lyrical portions of the drama, in particular, are so inarticulate,
+that we are compelled to pronounce this composition--partial to it as
+its authoress is--the least successful of her works.
+
+But it is our wish to do full justice to Miss Barrett's extraordinary
+merits, and to convey to our readers a favourable impression of her
+powers; and therefore we shall say no more at present about the "Drama
+of Exile," but shall turn our attention to some of the fairer and less
+questionable manifestations of her genius. We shall commence with her
+sonnets; for these appear to us to be by far the most finished of her
+compositions in point of style; and in depth and purity of sentiment, we
+think that they surpass any thing she has ever written, with the
+exception of the poem entitled "Bertha in the Lane," which we shall
+quote hereafter. As our first specimen, we select one which she entitles
+
+    DISCONTENT.
+
+    "Light human nature is too lightly tost
+    And ruffled without cause; complaining on--
+    Restless with rest--until, being overthrown,
+    It learneth to lie quiet. Let a frost
+    Or a small wasp have crept to the innermost
+    Of our ripe peach; or let the wilful sun
+    Shine westward of our window,--straight we run
+    A furlong's sigh, as if the world were lost.
+    But what time through the heart and through the brain
+    God hath transfix'd us--we, so moved before,
+    Attain to a calm! Ay, shouldering weights of pain,
+    We anchor in deep waters, safe from shore;
+    And hear, submissive, o'er the stormy main,
+    God's charter'd judgments walk for evermore."
+
+Yes; we fear it is too true that the voice of God never speaks so
+articulately to man, as when it speaks in the desperate calm of a soul
+to which life or death has done its worst. The same solemn thought with
+which the sonnet concludes, forms the moral of her ballad entitled the
+"Lay of the Brown Rosary." It is thus that the heroine of that poem
+speaks--
+
+    "Then breaking into tears--'Dear God,' she cried, 'and must we see
+    All blissful things depart from _us_, or ere we go to THEE?
+    We cannot guess thee in the wood, or hear thee in the wind?
+    Our cedars must fall round us, ere we see the light behind?
+    Ay sooth, we feel too strong in weal, to need thee on that road;
+    But woe being come, the soul is dumb that crieth not on 'God.'"
+
+Then it is that the despair which blackens the earth strikes clear the
+face of the sky. Listen again to Miss Barrett, when her soul is cheered
+by the promises of "Futurity:"--
+
+    FUTURITY.
+
+    "And, O beloved voices! upon which
+    Ours passionately call, because erelong
+    Ye brake off in the middle of that song
+    We sang together softly, to enrich
+    The poor world with the sense of love, and witch
+    The heart out of things evil--I am strong,--
+    Knowing ye are not lost for aye among
+    The hills, with last year's thrush. God keeps a niche
+    In Heaven to hold our idols! and albeit
+    He brake them to our faces, and denied
+    That our close kisses should impair their white,--
+    I know we shall behold them raised, complete,--
+    The dust shook from their beauty,--glorified
+    New Memnons singing in the great God-light."
+
+And again, listen to her hallowed and womanly strain when she speaks of
+"Comfort:"--
+
+    COMFORT.
+
+    "Speak low to me, my Saviour--low and sweet
+    From out the hallelujahs, sweet and low,
+    Lest I should fear and fall, and miss thee so
+    Who art not miss'd by any that entreat.
+    Speak to me as to Mary at thy feet--
+    And if no precious gums my hands bestow,
+    Let my tears drop like amber, while I go
+    In reach of thy divinest voice complete
+    In humanest affection--thus, in sooth
+    To lose the sense of losing! As a child,
+    Whose song-bird seeks the wood for evermore,
+    Is sung to in its stead by mother's mouth;
+    Till, sinking on her breast, love-reconciled,
+    He sleeps the faster that he wept before."
+
+How profound and yet how feminine is the sentiment! No _man_ could have
+written that sonnet. It rises spontaneously from the heart of a
+Christian woman, which overflows with feelings more gracious and more
+graceful than ever man's can be. It teaches us what religious poetry
+truly is; for it makes affections inspired by the simplest things of
+earth, to illustrate, with the most artless beauty, the solemn
+consolations of the Cross.
+
+The pointedness of the following religious sonnet is very striking and
+sublime. The text is, "And the Lord turned and _looked_ upon Peter."
+
+    THE MEANING OF THE LOOK.
+
+    "I think that look of Christ might seem to say--
+    'Thou Peter! art thou then a common stone
+    Which I at last must break my heart upon,
+    For all God's charge, to his high angels, may
+    Guard my foot better? Did I yesterday
+    Wash _thy_ feet, my beloved, that they should run
+    Quick to deny me 'neath the morning sun,--
+    And do thy kisses, like the rest, betray?--
+    The cock crows coldly.--Go, and manifest
+    A late contrition, but no bootless fear!
+    For when thy deathly need is bitterest,
+    Thou shalt not be denied, as I am here--
+    My voice, to God and angels, shall attest,--
+    _Because I_ KNOW _this man, let him be clear_.'"
+
+One more sonnet, and we bid adieu to these very favourable specimens of
+Miss Barrett's genius:--
+
+    PATIENCE TAUGHT BY NATURE.
+
+    "'O dreary life!' we cry, 'O dreary life!'
+    And still the generations of the birds
+    Sing through our sighing, and the flocks and herds
+    Serenely live while we are keeping strife
+    With heaven's true purpose in us, as a knife
+    Against which we may struggle. Ocean girds
+    Unslacken'd the dry land: savannah-swards
+    Unweary sweep: hills watch, unworn; and rife
+    Meek leaves drop yearly from the forest-trees,
+    To show, above, the unwasted stars that pass
+    In their old glory. O thou God of old!
+    Grant me some smaller grace than comes to _these_;--
+    But so much patience, as a blade of grass
+    Grows by contented through the heat and cold."
+
+There is a poem in these volumes entitled the "Cry of _the Human_"--some
+stanzas of which are inspired by profound feeling, and written with a
+rare force and simplicity of style; but as other parts of it are
+obscure, and as it appears to us to be of very unequal merit, we shall
+not quote the whole of it. In addition to the faults which are to be
+found in the poem itself, its title is objectionable, as embodying one
+of Miss Barrett's worst mannerisms, and one for which we think that no
+allowance ought to be made. She is in the habit of employing certain
+adjectives in a substantive sense. She does so here. In other places she
+writes "Heaven assist _the Human_." "Leaning from _my human_," that is,
+stooping from my rank as a human being. In one passage she says,
+
+    "Till the heavenly Infinite
+    Falling off from our _Created_--"
+
+_nature_ being understood after the word "created." The word "divine" is
+one which she frequently employs in this substantive fashion. She also
+writes "Chanting down the _Golden_"--the golden what?
+
+    "Then the full sense of your _mortal_
+    Rush'd upon you deep and loud."
+
+For "mortal," read "mortality." It is true that this practice may be
+defended to a certain extent by the example and authority of Milton. But
+Miss Barrett is mistaken if she supposes that her frequent and prominent
+use of such a form of speech, can be justified by the rare and
+unobtrusive instances of it which are to be found in the _Paradise
+Lost_. To use an anomalous expression two or three times in a poem
+consisting of many thousand lines, is a very different thing from
+bringing the same anomaly conspicuously forward, and employing it as a
+common and favourite mode of speech in a number of small poems. In the
+former case, it will be found that the expression is vindicated by the
+context, and by the circumstances under which it is employed; in the
+latter case it becomes a nuisance which cannot be too rigorously put
+down. One step further and we shall find ourselves talking, in the
+dialect of Yankeeland, of "us poor Humans!" However, as the point
+appears to us to be one which does not admit of controversy, we shall
+say no more on the subject, but shall proceed to the more agreeable duty
+of quoting the greater portion of Miss Barrett's poem, which may be
+regarded as a commentary on the prayer--"The Lord be merciful to us
+sinners."
+
+    THE CRY OF THE HUMAN.
+
+    "'There is no God,' the foolish saith,--
+      But none, 'There is no sorrow;'
+    And nature oft, the cry of faith,
+      In bitter need will borrow:
+    Eyes, which the preacher could not school,
+      By wayside graves are raised;
+    And lips say, 'God be pitiful,'
+      Which ne'er said, 'God be praised.'
+          Be pitiful, O God!
+
+    "The curse of gold upon the land,
+      The lack of bread enforces--
+    The rail-cars snort from strand to strand,
+      Like more of Death's White horses!
+    The rich preach 'rights' and future days,
+      And hear no angel scoffing:
+    The poor die mute--with starving gaze
+      On corn-ships in the offing.
+          Be pitiful, O God!
+
+    "We meet together at the feast--
+      To private mirth betake us--
+    We stare down in the winecup, lest
+      Some vacant chair should shake us!
+    We name delight and pledge it round--
+      'It shall be ours to-morrow!'
+    God's seraphs! do your voices sound
+      As sad in naming sorrow?
+          Be pitiful, O God!
+
+    "We sit together with the skies,
+      The steadfast skies above us:
+    We look into each other's eyes,--
+      'And how long will you love us?'--
+    The eyes grow dim with prophecy,
+      The voices, low and breathless--
+    'Till death us part!'--O words, to be
+      Our _best_ for love the deathless!
+          Be pitiful, dear God!
+
+    "We tremble by the harmless bed
+      Of one loved and departed--
+    Our tears drop on the lips that said
+      Last night, 'Be stronger-hearted!'
+    O God--to clasp those fingers close,
+      And yet to feel so lonely!--
+    To see a light on dearest brows,
+      Which is the daylight only!
+          Be pitiful, O God!
+
+    "The happy children come to us,
+      And look up in our faces:
+    They ask us--Was it thus, and thus,
+      When we were in their places?--
+    We cannot speak:--we see anew
+      The hills we used to live in;
+    And feel our mother's smile press through
+      The kisses she is giving.
+        Be pitiful, O God!
+
+    "We pray together at the kirk,
+      For mercy, mercy, solely--
+    Hands weary with the evil work,
+      We lift them to the Holy!
+    The corpse is calm below our knee--
+      Its spirit, bright before Thee--
+    Between them, worse than either, we--
+      Without the rest or glory!
+        Be pitiful, O God!
+
+    "We sit on hills our childhood wist,
+      Woods, hamlets, streams, beholding!
+    The sun strikes, through the furthest mist,
+      The city's spire to golden.
+    The city's golden spire it was,
+      When hope and health were strongest,
+    But now it is the churchyard grass
+      We look upon the longest.
+          Be pitiful, O God!
+
+    "And soon all vision waxeth dull--
+      Men whisper, 'He is dying:'
+    We cry no more, 'Be pitiful!'--
+      We have no strength for crying!--
+    No strength, no need! Then, Soul of mine,
+      Look up and triumph rather--
+    Lo! in the depth of God's Divine,
+      The Son adjures the Father--
+          Be pitiful, O God!"
+
+"The Romance of the Swan's Nest" is written in a different vein. It is
+characterized by graceful playfulness of manner and sentiment, which
+shows how heartily the amiable authoress can enter into the sympathies
+and enjoyments of child, and how much she is at home when she engages in
+lighter dalliance with the muse. We have taken the liberty to print in
+italics two or three _Barrettisms_, which however, we believe, are not
+very reprehensible. On the whole, it is very pleasing and elegant
+performance:--
+
+    ROMANCE OF THE SWAN'S NEST.
+
+      "Little Ellie sits alone
+    Mid the beeches of a meadow,
+      By a stream-side, on the grass:
+      And the trees are showering down
+    _Doubles of their leaves in shadow_,
+      On her shining hair and face.
+
+      "She has thrown her bonnet by;
+    And her feet she has been dipping
+      In the shallow water's flow--
+      Now she holds them nakedly
+    In her hands, all sleek and dripping,
+      While she rocketh to and fro.
+
+      "Little Ellie sits alone,--
+    And the smile, she softly useth,
+      Fills the silence like a speech;
+      While she thinks what shall be done,--
+    And the sweetest pleasure, chooseth,
+      For her future within reach!
+
+      "Little Ellie in her smile
+    Chooseth ... 'I will have a lover,
+      Riding on a steed of steeds!
+      He shall love me without guile;
+    And to _him_ I will discover
+      That swan's nest among the reeds.
+
+      "'And the steed shall be red-roan,
+    And the lover shall be noble,
+      With an eye _that takes the breath_,--
+      And the lute he plays upon
+    Shall strike ladies into trouble,
+      As his sword strikes men to death.
+
+      "'And the steed, it shall be shod
+    All in silver, housed in azure,
+      And the mane shall swim the wind!
+      And the hoofs, along the sod,
+    Shall flash onward _in a pleasure_,
+      Till the shepherds look behind.
+
+      "'But my lover will not prize
+    All the glory that he rides in,
+      When he gazes in my face!
+      He will say, 'O Love, thine eyes
+    Build the shrine my soul abides in;
+      And I kneel here for thy grace.'
+
+      "'Then, ay, then--he shall kneel low--
+    With the red-roan steed _anear_ him
+      Which shall seem to understand--
+      Till I answer, "Rise, and go!
+    For the world must love and fear him
+      Whom I gift with heart and hand."
+
+      "'Then he will arise so pale,
+    I shall feel my own lips tremble
+      With a _yes_ I must not say--
+      Nathless, maiden-brave, "Farewell,"
+    I will utter and dissemble--
+      "Light to-morrow, with to-day."
+
+      "'Then he will ride through the hills,
+    To the wide world past the river,
+      There to put away all wrong!
+      To make straight distorted wills,--
+    And to empty the broad quiver
+      Which the wicked bear along.
+
+      "'Three times shall a young foot-page
+    Swim the stream, and climb the mountain,
+      And kneel down beside my feet--
+      "Lo! my master sends this gage,
+    Lady, _for thy pity's counting_!
+      What wilt thou exchange for it?"
+
+      "'And the first time, I will send
+    A white rosebud for a guerdon,--
+      And the second time, a glove!
+      But the third time--I may bend
+    From my pride, and answer--"Pardon,
+      If he comes to take my love."
+
+      "'Then the young foot-page will run,
+    Then my lover will ride faster,
+      Till he kneeleth at my knee!
+      "I am a duke's eldest son!
+    Thousand serfs do call me master,--
+      But, O Love, I love but thee!"
+
+      "'He will kiss me on the mouth
+    Then, and lead me as a lover,
+      Through the crowds that praise his deeds!
+      And when soul-tied by one troth,
+    Unto _him_ I will discover
+      That swan's nest among the reeds.'
+
+      "Little Ellie, with her smile
+    Not yet ended, rose up gaily,--
+      Tied the bonnet, donn'd the shoe--
+      And went homeward, round a mile,
+    Just to see, as she did daily,
+      What more eggs were with the _two_.
+
+      "Pushing through the elm-tree copse
+    Winding by the stream, light-hearted,
+      Where the osier pathway leads--
+      Past the boughs she stoops--and stops!
+    Lo! the wild swan had deserted--
+      And a rat had gnaw'd the reeds.
+
+      "Ellie went home sad and slow!
+    If she found the lover ever,
+      With his red-roan steed of steeds,
+      Sooth I know not! but I know
+    She could show him never--never,
+      That swan's nest among the reeds!"
+
+But the gem of the collection is unquestionably the poem entitled
+"Bertha in the Lane." This is the purest picture of a broken heart that
+ever drew tears from the eyes of woman or of man. Although our extracts
+are likely to exceed the proportion which they ought to bear to our
+critical commentary, we must be permitted to quote this poem entire. A
+grain of such poetry is worth a cart-load of criticism:--
+
+    BERTHA IN THE LANE.
+
+    "Put the broidery-frame away,
+    For my sewing is all done!
+    The last thread is used to-day,
+      And I need not join it on.
+      Though the clock stands at the noon,
+      I am weary! I have sewn
+      Sweet, for thee, a wedding-gown.
+
+    "Sister, help me to the bed,
+      And stand near me, dearest-sweet,
+    Do not shrink nor be afraid,
+      Blushing with a sudden heat!
+      No one standeth in the street?--
+      By God's love I go to meet,
+      Love I thee with love complete.
+
+    "Lean thy face down! drop it in
+      These two hands, that I may hold
+    'Twixt their palms thy cheek and chin,
+      Stroking back the curls of gold.
+      'Tis a fair, fair face, in sooth--
+      Larger eyes and redder mouth
+      Than mine were in my first youth!
+
+    "Thou art younger by seven years--
+      Ah!--so bashful at my gaze,
+    That the lashes, hung with tears,
+      Grow too heavy to upraise?
+      I would wound thee by no touch
+      Which thy shyness feels as such--
+      Dost thou mind me, dear, so much?
+
+    "Have I not been nigh a mother
+      To thy sweetness--tell me, dear?
+    Have we not loved one another
+      Tenderly, from year to year;
+      Since our dying mother mild
+      Said _with accents undefiled_,[32]
+      'Child, be mother to this child!'
+
+    "Mother, mother, up in heaven,
+      Stand up on the jasper sea,
+    And be witness I have given
+      All the gifts required of me;--
+      Hope that bless'd me, bliss that crown'd,
+      Love, that left me with a wound,
+      Life itself, that turneth round!
+
+    "Mother, mother, thou art kind,
+      Thou art standing in the room,--
+    In a molten glory shrined,
+      That rays off into the gloom!
+      But thy smile is bright and bleak
+      Like cold waves--I cannot speak;
+      I sob in it, and grow weak.
+
+    "Ghostly mother, keep aloof
+      One hour longer from my soul--
+    For I still am thinking of
+      Earth's warm-beating joy and dole!
+      On my finger is a ring
+      Which I still see glittering,
+      When the night hides every thing.
+
+    "Little sister, thou art pale!
+      Ah! I have a wandering brain--
+    But I lose that fever-bale,
+      And my thoughts grow calm again.
+      Lean down closer--closer still!
+      I have words thine ear to fill,--
+      And would kiss thee at my will.
+
+    "Dear, I heard thee in the spring,
+      Thee and Robert--through the trees,
+    When we all went gathering
+      Boughs of May-bloom for the bees.
+      Do not start so! think instead
+      How the sunshine overhead
+      Seem'd to trickle through the shade.
+
+    "What a day it was, that day!
+      Hills and vales did openly
+    Seem to heave and throb away,
+      At the sight of the great sky:
+      And the silence, as it stood
+      In the glory's golden flood,
+      Audibly did bud--and bud!
+
+    "Through the winding hedgerows green,
+      How we wander'd, I and you,--
+    With the bowery tops shut in,
+      And the gates that show'd the view--
+      How we talk'd there! thrushes soft
+      Sang our pauses out,--or oft
+      Bleatings took them, from the croft.
+
+    "Till the pleasure, grown too strong,
+      Left me muter evermore;
+    And, the winding road being long,
+      I walked out of sight, before;
+      And so, wrapt in musings fond,
+      Issued (past the wayside pond)
+      On the meadow-lands beyond.
+
+    "I sate down beneath the beech
+      Which leans over to the lane,
+    And the far sound of your speech
+      Did not promise any pain:
+      And I bless'd you full and free,
+      With a smile stoop'd tenderly
+      O'er the May-flowers on my knee.
+
+    "But the sound grew into word
+      As the speakers drew more near--
+    Sweet, forgive me that I heard
+      What you wish'd me not to hear.
+      Do not weep so--do not shake--
+      Oh,--I heard thee, Bertha, make
+      Good true answers for my sake.
+
+      "Yes, and HE too! let him stand
+      In thy thoughts, untouch'd by blame.
+    Could he help it, if my hand
+      He had claim'd with hasty claim?
+      That was wrong perhaps--but then
+      Such things be--and will, again!
+      Women cannot judge for men.
+
+      "Had he seen thee, when he swore
+      He would love but me alone?
+    Thou wert absent,--sent before
+      To our kin in Sidmouth town.
+      When he saw thee who art best
+      Past compare, and loveliest,
+      He but judged thee as the rest.
+
+      "Could we blame him with grave words,
+      Thou and I, Dear, if we might?
+    Thy brown eyes have looks like birds,
+      Flying straightway to the light:
+      Mine are older.--Hush!--Look out--
+      Up the street! Is none without?
+      How the poplar swings about!
+
+      "And that hour--beneath the beech,--
+      When I listen'd in a dream,
+    And he said, in his deep speech,
+      That he owed me all _esteem_,--
+      Each word swam in on my brain
+      With a dim, dilating pain,
+      Till it burst with that last strain--
+
+      "I fell flooded with a Dark,
+      In the silence of a swoon--
+    When I rose, still cold and stark,
+      There was night,--I saw the moon:
+      And the stars, each in its place,
+      And the May-blooms on the grass,
+      Seem'd to wonder what I was.
+
+      "And I walk'd as if apart
+      From myself, when I could stand--
+    And I pitied my own heart,
+      As if I held it in my hand,--
+      Somewhat coldly,--with a sense
+      Of fulfill'd benevolence,
+      And a 'poor thing' negligence.
+
+      "And I answer'd coldly too,
+      When you met me at the door;
+    And I only _heard_ the dew
+      Dripping from me to the floor:
+      And the flowers I bade you see,
+      Were too wither'd for the bee,--
+      As my life, henceforth, for me.
+
+      "Do not weep so--dear--heart-warm!
+      It was best as it befell!
+    If I say he did me harm,
+      I speak wild,--I am not well.
+      All his words were kind and good--
+      _He esteem'd me!_ Only blood
+      Runs so faint in womanhood.
+
+      "Then I always was too grave,--
+      Liked the saddest ballads sung,--
+    With that look, besides, we have
+      In our faces, who die young.
+      I had died, Dear, all the same--
+      Life's long, joyous, jostling game
+      Is too loud for my meek shame.
+
+      "We are so unlike each other,
+      Thou and _I_; that none could guess
+    We were children of one mother,
+      But for mutual tenderness.
+      Thou art rose-lined from the cold,
+      And meant, verily, to hold
+      Life's pure pleasures manifold.
+
+      "I am pale as crocus grows
+      Close beside a rose-tree's root!
+    Whosoe'er would reach the rose,
+      Treads the crocus underfoot--
+      _I_, like May-bloom on thorn tree--
+      _Thou_, like merry summer-bee!
+      Fit, that _I_ be pluck'd for _thee_.
+
+      "Yet who plucks me?--no one mourns--
+      I have lived my season out,--
+    And now die of my own thorns
+      Which I could not live without.
+      Sweet, be merry! How the light
+      Comes and goes! If it be night,
+      Keep the candles in my sight.
+
+      "Are there footsteps at the door?
+      Look out quickly. Yea, or nay?
+    Some one might be waiting for
+      Some last word that I might say.
+      Nay? So best!--So angels would
+      Stand off clear from deathly road--
+      Not to cross the sight of God.
+
+      "Colder grow my hands and feet--
+      When I wear the shroud I made,
+    Let the folds lie straight and neat,
+      And the rosemary be spread--
+      That if any friend should come,
+      (To see _thee_, sweet!) all the room
+      May be lifted out of gloom.
+
+      "And, dear Bertha, let me keep
+      On my hand this little ring,
+    Which at nights, when others sleep,
+      I can still see glittering.
+      Let me wear it out of sight,
+      In the grave--where it will light
+      All the Dark up, day and night.
+
+      "On that grave, drop not a tear!
+      Else, though fathom-deep the place,
+    Through the woollen shroud I wear,
+      I shall feel it on my face.
+      Rather smile there, blessed one,
+      Thinking of me in the sun--
+      Or forget me--smiling on!
+
+      "Art thou near me? nearer? so!
+      Kiss me close upon the eyes--
+    That the earthly light may go
+      Sweetly as it used to rise--
+      When I watch'd the morning-gray
+      Strike, betwixt the hills, the way
+      He was sure to come that day.
+
+      "So--no more vain words be said!
+      The hosannas nearer roll--
+    Mother, smile now on thy Dead--
+      I am death-strong in my soul!
+      Mystic Dove alit on cross,
+      Guide the poor bird of the snows
+      Through the snow-wind above loss!
+
+      "Jesus, Victim, comprehending
+      Love's divine self-abnegation--
+    Cleanse my love in its self-spending,
+      And absorb the poor libation!
+      Wind my thread of life up higher,
+      Up through angels' hands of fire!--
+      I aspire while I expire!"
+
+The following extract from a little poem entitled "Sleeping and
+Watching," is very touching in its simplicity. Miss Barrett is watching
+over a slumbering child. How softly does the spirit of the watcher
+overshadow the cradle with the purest influences of its own sanctified
+sorrows, while she thus speaks!--
+
+    "_I_, who cannot sleep as well,
+      Shall I sigh to view you?
+    Or sigh further to foretell
+      All that may undo you?
+    Nay, keep smiling, little child,
+      Ere the sorrow neareth,--
+    _I_ will smile too! Patience mild
+      Pleasure's token weareth.
+    Nay, keep sleeping, before loss;
+      I shall sleep though losing!
+    As by cradle, so by cross,
+      Sure is the reposing.
+
+    "And God knows, who sees us twain,
+      Child at childish leisure,
+    I am near as tired of pain
+      As you seem of pleasure;--
+    Very soon too, by his grace
+      Gently wrapt around me,
+    Shall I show as calm a face,
+      Shall I sleep as soundly!
+    Differing in this, that _you_
+      Clasp your playthings sleeping,
+    While my hand shall drop the few
+      Given to my keeping;
+
+    "Differing in this, that _I_
+      Sleeping, shall be colder,
+    And in waking presently,
+      Brighter to beholder!
+    Differing in this beside
+      (Sleeper, have you heard me?
+    Do you move, and open wide
+      Eyes of wonder toward me?)--
+    That while I draw you withal
+      From your slumber, solely,--
+    Me, from mine, an angel shall,
+      With reveillie holy!"
+
+After having perused these extracts, it must be impossible for any one
+to deny that Miss Barrett is a person gifted with very extraordinary
+powers of mind, and very rare sensibilities of heart. She must surely be
+allowed to take her place among the female writers of England as a
+poetess of no ordinary rank; and if she does not already overtop them
+all, may she one day stand forth as the queen of that select and
+immortal sisterhood! It is in her power to do so if she pleases.
+
+It is now our duty to revert to the principal poem in the collection,
+respecting which we have already ventured to pronounce rather an
+unfavourable opinion. The "Drama of Exile" is the most ambitious of Miss
+Barrett's compositions. It is intended to commemorate the sayings and
+doings of our First Parents, immediately subsequent to their expulsion
+from the garden of Eden. Its authoress, with sincere modesty, disclaims
+all intention of entering into competition with Milton; but the
+comparison must, of course, force itself upon the reader; and although
+it was not to be expected that she should rise so soaringly as Milton
+does above the level of her theme, it was at any rate to be expected
+that her _dramatis personĉ_ should not stand in absolute contrast to
+his. Yet Milton's Satan and Miss Barrett's Lucifer are the very
+antipodes of each other. Milton's Satan is a thoroughly practical
+character, and, if he had been human, he would have made a first-rate
+man of business in any department of life. Miss Barrett's Lucifer, on
+the contrary, is the poorest prater that ever made a point of saying
+nothing to the purpose, and we feel assured that he could have put his
+hand to nothing in heaven, on earth, or in hell. He has nothing to do,
+he does nothing, and he could do nothing. He seems incapable of
+excogitating a single plot of treachery, or of carrying into execution a
+single deed of violence. His thoughts are a great deal too much taken up
+about his own personal appearance. Gabriel is an equally irresolute
+character. The following is a portion of a dialogue which takes place
+between the two; and it is perhaps as fair a sample of the drama as any
+that we could select. Near the beginning of the poem Gabriel concludes a
+short address to Lucifer with these words--
+
+    "Go from us straightway.
+
+    _Lucifer._          Wherefore?
+
+    _Gabriel._                     Lucifer,
+    Thy last step in this place, trod sorrow up.
+    Recoil before that sorrow, if not this sword.
+
+    _Lucifer._ Angels are in the world--wherefore not I?
+    Exiles are in the world--wherefore not I?
+    The cursed are in the world--wherefore not I?
+
+    _Gabriel._ Depart.
+
+    _Lucifer._        And where's the logic of 'depart?'
+    Our lady Eve had half been satisfied
+    To obey her Maker, if I had not learnt
+    To fix my postulate better. Dost thou dream
+    Of guarding some monopoly in heaven
+    Instead of earth? _Why I can dream with thee
+    To the length of thy wings._
+
+    _Gabriel._             I do not dream.
+    This is not heaven, even in a dream; nor earth,
+    As earth was once,--first breathed among the stars,--
+    Articulate glory from the mouth divine,--
+    To which the myriad spheres thrill'd audibly,
+    Touch'd like a lute-string,--and the sons of God
+    Said AMEN, singing it. I know that this
+    Is earth, not new created, but new cursed--
+    This, Eden's gate, not open'd, but built up
+    With a final cloud of sunset. Do I dream?
+    Alas, not so! this is the Eden lost
+    By Lucifer the serpent! this the sword
+    (This sword, alive with justice and with fire,)
+    That smote upon the forehead, Lucifer
+    The angel! Wherefore, angel, go ... depart--
+    Enough is sinn'd and suffer'd.
+
+    _Lucifer._                By no means."
+
+It will be observed, that in this passage Gabriel thrice desires Lucifer
+to "move on;" it will also be observed that Gabriel has a sword--or
+perhaps it may be the revolving sword which guards Paradise that he
+speaks of; but be it so or not, he threatens Lucifer with the edge of
+the sword unless he decamps; and yet, although the warning is repeated,
+as we have said, three distinct times, and although Lucifer
+pertinaciously refuses to stir a step, still the weapon remains
+innocuous, and the arch-fiend remains intact. This is not the way in
+which Milton manages matters. Towards the conclusion of the fourth book
+of Paradise Lost, this same Gabriel orders Satan to leave his presence--
+
+                           "Avant!
+    Fly thither whence thou fledd'st."
+
+The rebel angel refuses to retire:--upon which, without more ado, both
+sides prepare themselves for battle. On the side of Gabriel
+
+                "Th'angelic squadron bright
+    _Turned fiery red_, sharpening in mooned horns
+    Their phalanx."
+
+What an intense picture of ardour preparatory to action (it is night,
+remember) is presented to our imaginations by the words "turned fiery
+red!"
+
+        "On t'other side, Satan alarm'd,
+    Collecting all his might, dilated stood,
+    Like Teneriff, or Atlas, unremov'd:
+    His stature reach'd the sky."
+
+Then would have come the tug of war--then
+
+          "Dreadful deeds
+    Might have ensued;"
+
+and would have ensued--
+
+                             "Had not soon
+    The Eternal, to prevent such horrid fray,
+    Hung forth in heaven his golden scales."--
+             "The fiend look'd up and knew
+    His mounted scale aloft; nor more, but fled
+    Murmuring, and with him fled the shades of night."
+
+But in the interview which Miss Barrett describes between Gabriel and
+Lucifer, no such headlong propensity to act is manifested by either
+party--no such crisis ensues to interrupt the fray. Gabriel is satisfied
+with giving utterance to a feeble threat, which, when he finds that
+Lucifer pays no attention to it, he never attempts to carry into
+execution. For no apparent cause, he suddenly changes his tone, and
+condescends to hold parley with his foe on a variety of not very
+interesting particulars, informing him, among other things, that he
+"does not dream!"
+
+The following is Lucifer's description of our First Mother. It is
+impregnated with Miss Barrett's mannerisms, and strongly characterized
+by that fantastical and untrue mode of picturing sensible objects, which
+the example of Shelley and Keates tended especially to foster, if they
+were not the first to introduce it:--
+
+    "_Lucifer._ Curse freely! curses thicken. Why, this Eve
+    Who thought me once part worthy of her ear,
+    And somewhat wiser than the other beasts,--
+    Drawing together _her large globes of eyes,
+    The light of which is throbbing in and out
+    Around their continuity of gaze_,--
+    Knots her fair eyebrows in so hard a knot,
+    And, down from _her white heights of womanhood_,
+    Looks on me so amazed,--I scarce should fear
+    To wager such an apple as she pluck'd,
+    Against one riper from the tree of life,
+    That she could curse too--as a woman may--
+    _Smooth in the vowels_."
+
+We do not very well understand why Eve's curses should have been
+smoother in the vowels than in the consonants. But as we are no great
+elocutionists, or at all well conversant with the mysteries of
+"labials," "dentals," and "gutterals," we shall not contest the point
+with Lucifer, lest we should only expose our own ignorance.
+
+Respecting the leading conception of her drama, Miss Barrett writes
+thus:--"My subject was the new and strange experience of the fallen
+humanity as it went forth from Paradise into the wilderness; with a
+peculiar reference to Eve's allotted grief, which, considering that
+self-sacrifice belonging to her womanhood, and the consciousness of
+originating the Fall to her offence--appeared to me imperfectly
+apprehended hitherto, and more expressible by a woman than a man." No
+wonder that Miss Barrett failed in her undertaking. In the conception of
+Eve's grief as distinguished from Adam's, and as coloured by the
+circumstances of her situation--namely, by the consciousness that she
+had been the _first_ to fall, and the proximate cause of Adam's
+transgression--there is certainly no sufficient foundation to sustain
+the weight of a dramatic poem. At the most, it might have furnished
+materials for a sonnet. It therefore detracts nothing from the genius of
+Miss Barrett to say, that her attempt has been unsuccessful. She has
+tried to make bricks not only without straw, but almost without clay;
+and that being the case, the marvel is that she should have succeeded so
+well.
+
+"There was room at least," continues Miss Barrett, "for lyrical emotion
+in those first steps into the wilderness, in that first sense of
+desolation after wrath, in that first audible gathering of the
+recriminating 'groan of the whole creation,' in that first darkening of
+the hills from the recoiling feet of angels, and in that first silence
+of the voice of God." There certainly _was_ room for lyrical emotion in
+these first steps into wilderness. All nature might most appropriately
+be supposed to break forth in melodious regrets around the footsteps of
+the wanderers: but we cannot think that Miss Barrett has done justice to
+nature's strains. Unless lyrical emotion be expressed in language as
+clear as a mountain rill, and as well defined as the rocks over which it
+runs, it is much better left unsung. The merit of all lyrical poetry
+consists in the clearness and cleanness with which it is cut; no tags or
+loose ends can any where be permitted. But Miss Barrett's lyrical
+compositions are frequently so inarticulate, so slovenly, and so
+defective, both in rhythm and rhyme, that we are really surprised how a
+person of her powers could have written them, and how a person of any
+judgment could have published them. Take a specimen, not by any means
+the worst, from the "Song of the morning star to Lucifer:"--
+
+    "Mine orbed image sinks
+      Back from thee, back from thee,
+    As thou art fallen, methinks,
+      Back from me, back from me.
+        O my light-bearer,
+        Could another fairer
+      Lack to thee, lack to thee?
+        Ai, ai, Heosphoros!
+    I loved thee, with the fiery love of stars.
+    Who love by burning, and by loving move,
+    Too near the throned Jehovah, not to love.
+        Ai, ai, Heosphoros!
+    Their brows flash fast on me from gliding cars,
+        Pale-passion'd for my loss.
+        Ai, ai, Heosphoros!
+
+    "Mine orbed heats drop cold
+      Down from thee, down from thee,
+    As fell thy grace of old
+      Down from me, down from me.
+        O my light-bearer,
+        Is another fairer
+      Won to thee, won to thee?
+        Ai, ai, Heosphoros,
+        Great love preceded loss,
+      Known to thee, known to thee.
+        Ai, ai!
+    Thou, breathing they communicable grace
+      Of life into my light
+    Mine astral faces, from thine angel face,
+      Hast inly fed,
+    And flooded me with radiance overmuch
+      From thy pure height.
+        Ai, ai!
+    Thou, with calm, floating pinions both ways spread,
+        Erect, irradiated,
+        Didst sting my wheel of glory
+        On, on before thee,
+    Along the Godlight, by a quickening touch!
+        Ha, ha!
+    Around, around the firmamental ocean,
+    I swam expanding with delirious fire!
+    Around, around, around, in blind desire
+    To be drawn upward to the Infinite--
+        Ha, ha!"
+
+But enough of _Ai ai Heosphoros_. It may be very right for ladies to
+learn Greek--not, however, if it is to lead them to introduce such
+expressions as this into the language of English poetry.
+
+Nor do we think that Miss Barrett's lyrical style improves when she
+descends to themes of more human and proximate interest, and makes the
+"earth-spirits" and the "flower-spirits" pour their lamentations into
+the ears of the exiled pair. The following is the conclusion of the
+_láyment_ (as Miss Barrett pronounces the word _lament_) of the
+"flower-spirits:"--
+
+       "We pluck at your raiment,
+          We stroke down your hair,
+        We faint in our _láment_,
+          And pine into air.
+        Fare-ye-well--farewell!
+    The Eden scents, no longer sensible,
+        Expire at Eden's door!
+        Each footstep of your treading
+    Treads out some fragrance which ye knew before:
+        Farewell! the flowers of Eden
+        Ye shall smell never more."
+
+Would not Miss Barrett's hair have stood on end if Virgil had written
+"Arma virumque _canto_?" Yet surely that false quantity would have been
+not more repugnant to the genius of Latin verse than her transposition
+of accent in the word _lamént_ is at variance with the plainest
+proprieties of the English tongue.
+
+The "earth-spirits" deliver themselves thus:--
+
+    _Earth Spirits._
+        "And we scorn you! there's no pardon
+          Which can lean to you aright!
+        When your bodies take the guerdon
+          Of the death-curse in our sight,
+      Then the bee that hummeth lowest shall transcend you.
+        Then ye shall not move an eyelid
+          Though the stars look down your eyes;
+        And the earth, which ye defiled,
+          She shall show you to the skies,--
+      Lo! these kings of ours--who sought to comprehend you.'
+
+    _First Spirit._
+        And the elements shall boldly
+          All your dust to dust constrain;
+        Unresistedly and coldly,
+          I will smite you with my rain!
+      From the slowest of my frosts is no receding.
+
+    _Second Spirit._
+        And my little worm, appointed
+          To assume a royal part,
+        He shall reign, crown'd and anointed,
+          O'er the noble human heart!
+      Give him counsel against losing of that Eden!"
+
+In one of the lyrical effusions, man is informed that when he goes to
+heaven--
+
+      "Then a _sough of glory_
+      Shall your entrance greet,
+    Ruffling round the doorway
+      The smooth radiance it shall meet."
+
+We wonder what meaning Miss Barrett attaches to the word _sough_! It is
+a term expressive of the dreary sighing of autumnal winds, or any sound
+still more disconsolate and dreary; and therefore, to talk of a "sough
+of glory," is to talk neither more nor less than absolute nonsense.
+
+What can be more unlyrical than this verse?
+
+    "Live, work on, oh, Earthy!
+      By the Actual's tension
+    Sped the arrow worthy
+      Of a pure ascension."
+
+We have said that the lyrical effusions interspersed throughout the
+"Drama of Exile," are very slovenly and defective in point of rhyme.
+What can be worse than "Godhead" and "wooded," "treading" and "Eden,"
+"glories" and "floorwise," "calmly" and "palm-tree," "atoms" and
+"fathoms," "accompted" and "trumpet," and a hundred others? What can be
+worse, do we ask? We answer that there is one species of rhyme which
+Miss Barrett is sometimes, though, we are happy to say, very rarely,
+guilty of, which is infinitely more reprehensible than any of these
+inaccuracies. We allude to the practice of affixing an _r_ to the end of
+certain words, in order to make them rhyme with other words which
+terminate in that letter. Writers who are guilty of this atrocity are
+not merely to be condemned as bad rhymesters: they are to be blamed on
+the far more serious ground that they give the sanction and authority of
+print to one of the vilest vulgarisms which pollutes the oral language
+of certain provincial societies. What makes the practice so offensive in
+literary composition is the fact, that the barbarism is one which may
+sometimes be actually heard falling from living lips. But for this, it
+would be pardonable. We verily believe that Miss Barrett herself does
+not talk of "Laura_r_" and "Matilda_r_;" we verily believe that she
+would consider any one who does so no fit associate for herself in point
+of manners or education:--yet she scruples not to make "Aceldama"(r)
+rhyme to "tamer," and "Onora"(r) rhyme to "o'er her." When we think of
+these things, we turn to the following "stage-direction" with which her
+"Drama of Exile" concludes--"There is a sound through the silence _as of
+the falling tears of an angel_." That angel must have been a distressed
+critic like ourselves.
+
+Next to the "Drama of Exile," the longest poem in the collection is the
+composition entitled "A Vision of Poets." This poem is designed, says
+our authoress, "to indicate the necessary relations of genius to
+suffering and self-sacrifice." It is stamped throughout with the
+thoughtful earnestness of Miss Barrett's character, and is, on the
+whole, a very impressive performance. But it would have been more
+impressive still if it had been composed after less vicious models, or
+if Miss Barrett had trusted more to a style prompted by her own native
+powers, and less to the fantastical modes of phraseology which have been
+introduced into literature by certain inferior artists of this and the
+preceding generation. We cannot read it, however, without appreciating
+the fervour which stirs the soul of the authoress through all its
+depths, when she declares and upholds the sacred mission of the poet,
+and teaches him that he must embrace his destiny with gratitude and
+pride, even though the crown which encircles his living brows be one in
+which the thorns far out-number the laurel leaves. We shall grace our
+pages with a series of portraits, in which Miss Barrett sketches off
+first the true poets and then the pretenders. They certainly contain
+some good points, although many of her touches must be pronounced
+unsuccessful. Let Homer lead the van:--
+
+    "Here, Homer, with the broad suspense
+    Of thunderous brows, and lips intense
+    Of garrulous god-innocence.
+
+    "There, Shakspeare! on whose forehead climb
+    The crowns o' the world! Oh, eyes sublime--
+    With tears and laughters for all time!
+
+    "Here, Ĉschylus--the women swoon'd
+    _To see so awful_ when he frown'd
+    As the gods did--he standeth crown'd.
+
+    "Euripides, with close and mild
+    Scholastic lips--that could be wild,
+    And laugh or sob out like a child
+
+    "_Right in the classes._ Sophocles,
+    With that king's look which down the trees,
+    Follow'd the dark effigies
+
+    "Of the lost Theban! Hesiod old,
+    Who somewhat blind, and deaf, and cold,
+    Cared most for gods and bulls! and bold
+
+    "Electric Pindar, quick as fear,
+    With race-dust on his checks, and clear,
+    Slant startled eyes that seem to hear
+
+    "The chariot rounding the last goal,
+    To hurtle past it in his soul!
+    And Sappho crown'd with aureole
+
+    "Of ebon curls on calmed brows--
+    O poet-woman! none forgoes
+    The leap, attaining the repose!
+
+    "Theocritus, with glittering locks,
+    Dropt sideway, as betwixt the rocks
+    He watch'd the visionary flocks!
+
+    "And Aristophanes! who took
+    The world with mirth, and laughter-struck
+    The hollow caves of Thought, and woke
+
+    "The infinite echoes hid in each.
+    And Virgil! shade of Mantuan beech
+    Did help the shade of bay to reach
+
+    "And knit around his forehead high!--
+    For his gods wore less majesty
+    Than his brown bees humm'd deathlessly.
+
+    "Lucretius--nobler than his mood!
+    Who dropp'd his plummet down the broad
+    Deep universe, and said 'No God,'
+
+    "Finding no bottom. He denied
+    Divinely the divine, and died
+    Chief poet on the Tiber-side,
+
+    "By grace of God. His face is stern,
+    As one compell'd, in spite of scorn,
+    To teach a truth he could not learn.
+
+    "And Ossian, dimly seen or guess'd!
+    Once counted greater than the rest,
+    When mountain-winds blew out his vest.
+
+    "And Spenser droop'd his dreaming head
+    (With languid sleep-smile you had said
+    From his own verse engendered)
+
+    "On Ariosto's, till they ran
+    Their locks in one!--The Italian
+    Shot nimbler heat of bolder man
+
+    "From his fine lids. And Dante stern
+    And sweet, whose spirit was an urn
+    For wine and milk pour'd out in turn.
+
+    "And Goethe--with that reaching eye
+    His soul reach'd out from far and high,
+    _And fell from inner entity_.
+
+    "And Schiller, with heroic front
+    Worthy of Plutarch's kiss upon't--
+    Too large for wreath of modern wont.
+
+    "Here Milton's eyes strike piercing-dim!
+    The shapes of suns and stars did swim
+    Like clouds on them, and granted him
+
+    "God for sole vision! Cowley, there,
+    Whose active fancy debonaire
+    Drew straws like amber--foul to fair.
+
+    "And Burns, with pungent passionings
+    Set in his eyes. Deep lyric springs
+    Are of the fire-mount's issuings.
+
+    "And poor, proud Byron--sad as grave
+    And salt as life! forlornly brave,
+    And quivering with the dart he drave.
+
+    "And visionary Coleridge, who
+    Did sweep his thoughts as angels do
+    Their wings, with cadence up the Blue."
+
+"Homer" we are not sure about; we can only hope that there may be people
+whom the picture will please. "Shakspeare" is good. "Ĉschylus" (Miss
+Barrett's favourite, too,) is treated very scurvily and very
+ungrammatically. What on earth are we to make of the words "the women
+swooned to see so awful" &c.? It is well known that no pregnant woman
+could look Ĉschylus in the face when the fit of inspiration was on him,
+without having cause to regret her indiscretion. But though delicacy
+might have dictated that this fact should be only barely hinted at,
+surely grammar need not have miscarried in the statement. The syntax of
+the passage will puzzle future commentators as much as some of his own
+corrupt choruses. "Euripides" promises well; but the expression, "Right
+in the classes," throws our intellect completely on its beam-ends; and
+as we cannot right it again, in order to take a second glance at the
+poet of Medea, we must pass on to the next. "Sophocles" will be
+acceptable to scholars. "Hesiod" is excellent. "Cared most for _gods and
+bulls_" is worth any money. "Pindar" and "Sappho" are but so so. The
+picture of "Theocritus" is very beautiful. There is nothing particularly
+felicitous in the sketch of "Aristophanes." How much more graphic is
+what Milton, in one of his prose works, says with respect to the "holy
+Chrysostom's" study of the same. Chrysostom, it seems, was a great
+student of Aristophanes. Some people might have been, and no doubt were,
+scandalized to think that so pious a father of the church should have
+made a bosom companion of so profane and virulent a wit: but says
+Milton, the holy father was quite right in poring over Aristophanes, for
+"_he had the art to cleanse a scurrilous vehemence into the style of a
+rousing sermon_." Put that into verse and it would ring well. We thank
+Miss Barrett for the graphic touch of Virgil's "brown bees," which
+certainly _are_ better than his gods. "Lucretius" is very finely
+painted. "Ossian" looms large through the mist, but walk up to him, and
+the pyramid is but a cairn. "Spenser" and "Ariosto," with their locks
+blended in one, compose a very sweet picture. "Dante" we will not answer
+for. "Goethe" is a perfect enigma. What does the word "fell" mean?
+[Greek: deinos], we suppose--that is, "not to be trifled with." But
+surely it sounds very strange, although it may be true enough, to say
+that this "fellness" is occasioned by "inner entity." But perhaps the
+line has some deeper meaning, which we are unable to fathom. We have
+seen a better picture than that of Goethe in the hour of inspiration,
+when his forehead was like a precipice dim with drifting sleet.
+"Schiller" is well drawn; evidently from Thorwaldsen's gigantic statue
+of the poet. Miss Barrett paints "Milton" in his blindness as seeing all
+things in God. But Mallebranche had already taught that God is the
+"sole vision" of all of us; and therefore, if that theory be correct,
+she has failed to assign to the poet of the Fall any distinctive
+attribute which distinguishes him from other men. "Cowley" is well
+characterized. "Burns" ought to have been better. "Byron" pleases us.
+"Coleridge" has very considerable merit.
+
+As a contrast to the preceding sketches of the true poets, (many of
+which, however, we have omitted, and we may also remark, in parenthesis,
+that none of our living poets are meddled with,) we now pass before the
+eyes of the reader a panorama of _pretenders_. We shall make no remarks
+on the expression of their features, leaving Miss Barrett to brand them
+as they deserve with her just scorn and indignation--
+
+    "One dull'd his eyeballs as they ached,
+    With Homer's forehead--though he lack'd
+    An inch of any! And one rack'd
+
+    "His lower lip with restless tooth--
+    As Pindar's rushing words forsooth
+    Were pent behind it. One, his smooth
+
+    "Pink cheeks, did rumple passionate,
+    Like Ĉschylus--and tried to prate
+    On trolling tongue, of fate and fate!
+
+    "One set her eyes like Sappho's--or
+    Any light woman's! one forbore
+    Like Dante, or any man as poor
+
+    "In mirth, to let a smile undo
+    His hard shut lips. And one, that drew
+    Sour humours from his mother, blew
+
+    "His sunken cheeks out to the size
+    Of most unnatural jollities,
+    Because Anacreon looked jest-wise.
+
+    "So with the rest.--It was a sight
+    For great world-laughter, as it might
+    For great world-wrath, with equal right.
+
+    "Out came a speaker from that crowd,
+    To speak for all--in sleek and proud
+    Exordial periods, while he bow'd
+
+    "His knee before the angel.--'Thus,
+    O angel! who hast call'd for us,
+    We bring thee service emulous,--
+
+    "'Fit service from sufficient soul--
+    Hand-service, to receive world's dole--
+    Lip-service, in world's ear to roll
+
+    "'Adjusted concords--soft enow
+    To hear the winecups passing through,
+    And not too grave to spoil the show.
+
+    "'Thou, certes, when thou askest more,
+    O sapient angel! leanest o'er
+    The window-sill of metaphor.
+
+    "'To give our hearts up! fie!--That rage
+    Barbaric, antedates the age!
+    It is not done on any stage.
+
+    "'Because your scald or gleeman went
+    With seven or nine-string'd instrument
+    Upon his back--must ours be bent?
+
+    "'We are not pilgrims, by your leave,
+    No, nor yet martyrs! if we grieve,
+    It is to rhyme to ... summer eve.
+
+    "'And if we labour, it shall be
+    As suiteth best with our degree,
+    In after-dinner reverie.'
+
+    "More yet that speaker would have said--
+    Poising between his smiles fair-fed,
+    Each separate phrase till finished:
+
+    "But all the foreheads of those born
+    And dead true poets flash'd with scorn
+    Betwixt the bay leaves round them worn--
+
+    "Ay, jetted such brave fire, that they,
+    The new-come, shrank and paled away,
+    Like leaden ashes when the day
+
+    "Strikes on the hearth! A spirit-blast,
+    A presence known by power, at last
+    Took them up mutely--they had pass'd!"
+
+"Lady Geraldine's Courtship" is a poem of the Tennysonian school. Some
+pith is put forth in the passionate parts of the poem; but it is
+deficient throughout in that finished elegance of style which
+distinguishes the works of the great artist from whom it is imitated.
+Bertram, a peasant-born poet falls in love with the Lady Geraldine, a
+woman of high rank and very extensive possessions. He happens to
+overhear the lady address the following words to a suitor of the same
+rank with herself, and whose overtures she is declining--
+
+    "Yes, your lordship judges rightly. Whom I marry, shall be noble,
+    Ay, and wealthy. I shall never blush to think how he was born."
+
+Upon which, imagining that these words have some special and cutting
+reference to himself, he passes into the presence of the lady, and rates
+her in a strain of very fierce invective, which shows that his blood is
+really up, whatever may be thought of the taste which dictated his
+language, or of the title he had to take to task so severely a lady who
+had never given him any sort of encouragement. In a letter to a friend,
+he thus describes the way in which he went to work--the fourth line is a
+powerful one--
+
+    "Oh, she flutter'd like a tame bird, in among its forest-brothers,
+    Far too strong for it! then drooping, bow'd her face upon her hands--
+    And I spake out wildly, fiercely, brutal truths of her and others!
+    _I, she planted the desert, swathed her, windlike, with my sands._
+
+    "I pluck'd up her social fictions, bloody-rooted, though leaf verdant,--
+    Trod them down with words of shaming,--all the purples and the gold,
+    And the 'landed stakes' and Lordships--all that spirits pure and ardent
+    Are cast out of love and reverence, because chancing not to hold.
+
+    "'For myself I do not argue,' said I, 'though I love you, Madam,
+    But for better souls, that nearer to the height of yours have trod--
+    And this age shows, to my thinking, still more infidels to Adam,
+    Than directly, by profession, simple infidels to God.
+
+    "'Yet, O God' (I said,) 'O grave' (I said,) 'O mother's heart and bosom!
+    With whom first and last are equal, saint and corpse and little child!
+    We are fools to your deductions, in these figments of heart-closing!
+    We are traitors to your causes, in these sympathies defiled!
+
+    "'Learn more reverence, madam, not for rank or wealth--_that_ needs
+        no learning;
+    _That_ comes quickly--quick as sin does! ay, and often works to sin;
+    But for Adam's seed, MAN! Trust me, 'tis a clay above your scorning,
+    With God's image stamp'd upon it, and God's kindling breath within.
+
+    "'What right have you, Madam, gazing in your shining mirror daily,
+    Getting, so, by heart, your beauty, which all others must adore,--
+    While you draw the golden ringlets down your fingers, to vow gaily,...
+    You will wed no man that's only good to God,--and nothing more.'"
+
+In the second stanza, we cannot make out the construction of the words,
+"all that spirits pure and ardent are cast out of love and reverence."
+This vigorous tirade is continued throughout several stanzas. The poor
+lady merely utters the word "Bertram," and the lover is carried to bed
+in a fainting fit when his passion is expended. When he recovers he
+indites the aforesaid letter. After he has dispatched it, the lady
+enters his apartment: oh, blessed and gracious apparition! We quote the
+_dénouement_, omitting one or two stanzas--
+
+    Soh! how still the lady standeth! 'tis a dream--a dream of mercies!
+    'Twixt the purple lattice-curtains, how she standeth still and pale!
+    'Tis a vision, sure, of mercies, sent to soften his self-curses--
+    Sent to _sweep_ a patient quiet, o'er the tossing of his wail.
+
+    'Eyes,' he said, 'now throbbing through me! are ye eyes that did undo me?
+    _Shining eyes, like antique jewels set in Parian statue-stone!_
+    Underneath that calm white forehead, are ye ever burning torrid,
+    O'er the desolate sand-desert of my heart and life undone?'
+
+    "Ever, evermore the while in a slow silence she kept smiling,--
+    And approach'd him slowly, slowly, in a gliding measured pace;
+    With her two white hands extended, as if praying one offended,
+    And a look of supplication, gazing earnest in his face.
+
+    "Said he--'Wake me by no gesture,--sound of breath, or stir of vesture;
+    Let the blessed apparition melt not yet _to its divine_!
+    No approaching--hush! no breathing! or my heart must swoon to death in
+    The too utter life thou bringest--O thou dream of Geraldine!'
+
+    "Ever, evermore the while in a slow silence she kept smiling--
+    But the tears ran over lightly from her eyes, and tenderly;
+    'Dost thou, Bertram, truly love me? Is no woman far above me,
+    Found more worthy of thy poet-heart, than such a one as _I_?'
+
+    "Said he--'I would dream so ever, like the flowing of that river,
+    Flowing ever in a shadow, greenly onward to the sea;
+    So, thou vision of all sweetness--princely to a full completeness,--
+    Would my heart and life flow onward--deathward--through this dream of THEE!'
+
+    "Ever, evermore the while in a slow silence she kept smiling,--
+    While the shining tears ran faster down the blushing of her cheeks;
+    Then with both her hands enfolding both of his, she softly told him,
+    'Bertram, if I say I love thee,... 'tis the vision only speaks.'
+
+    "Soften'd, quicken'd to adore her, on his knee he fell before her--
+    And she whisper'd low in triumph--'It shall be as I have sworn!
+    Very rich he is in virtues,--very noble--noble certes;
+    And I shall not blush in knowing, that men call him lowly born!"
+
+With the exception of the line, and the other expressions which we have
+printed in italics, we think that the whole tone of this _finale_ is
+"beautiful exceedingly;" although, if we may express our private
+opinion, we should say that the lover, after his outrageous demeanour,
+was very unworthy of the good fortune that befell him. But, in spite of
+the propitious issue of the poem, we must be permitted (to quote one of
+Miss Barrett's lines in this very lay) to make our "critical deductions
+for the modern writers' fault." Will she, or any one else tell us the
+meaning of the second line in this stanza? Or, will she maintain that it
+has any meaning at all? Lady Geraldine's possessions are described--
+
+    "She has halls and she has castles, and the resonant steam-eagles
+    _Follow far on the directing of her floating dove-like hand_--
+    With a thund'rous vapour trailing, underneath the starry vigils,
+    So to mark upon the blasted heaven, the measure of her land."
+
+We thought that steam-coaches generally followed the directing of no
+hand except the "stoker's;" but _it_ certainly is always much liker a
+raven than a dove. "Eagles and vigils" is not admissible as a rhyme;
+neither is "branch and grange." Miss Barrett says of the Lady Geraldine
+that she had "such a gracious coldness" that her lovers "could not
+_press their futures_ on the present of her courtesy." Is that human
+speech? One other objection and our carpings shall be dumb. Miss
+Barrett, in our opinion, has selected a very bad, dislocated, and
+unmelodious metre for the story of Lady Geraldine's courtship. The poem
+reads very awkwardly in consequence of the rhymes falling together in
+the alternate lines and not in couplets. Will Miss Barrett have the
+goodness to favour the public with the sequel of this poem? We should
+like to know how the match between the peasant's son and the peer's
+daughter was found to answer.
+
+Those among our readers who may have attended principally to the
+selections which we made from these volumes before we animadverted on
+the "Drama of Exile," may perhaps be of opinion that we have treated
+Miss Barrett with undue severity, and have not done justice to the
+vigour and rare originality of her powers; while others, who may have
+attended chiefly to the blemishes of style and execution which we have
+thought it our duty to point out in our later quotations, may possibly
+think that we have ranked her higher than she deserves. We trust that
+those who have carefully perused both the favourable and unfavourable
+extracts, will give us credit for having steered a middle course,
+without either running ourselves aground on the shoals of detraction, or
+oversetting the ship by carrying too much sail in favour of our
+authoress. And although they may have seen that our hand was sometimes
+unsteady at the helm, we trust that it has always been when we felt
+apprehensive that the current of criticism was bearing us too strongly
+towards the former of these perils. If any of our remarks have been over
+harsh, we most gladly qualify them by saying, that, in our humble
+opinion, Miss Barrett's poetical merits infinitely outweigh her defects.
+Her genius is profound, unsullied, and without a flaw. The imperfections
+of her manner are mere superficial blot which a little labour might
+remove. Were the blemishes of her style tenfold more numerous than they
+are, we should still revere this poetess as one of the noblest of her
+sex; for her works have impressed us with the conviction, that powers
+such as she possesses are not merely the gifts or accomplishments of a
+highly intellectual woman; but that they are closely intertwined with
+all that is purest and loveliest in goodness and in truth.
+
+It is plain that Miss Barrett would always write well if she wrote
+simply from her own heart, and without thinking of the compositions of
+any other author--at least let her think of them only in so far as she
+is sure that they embody great thoughts in pure and appropriate
+language, and in forms of construction which will endure the most rigid
+scrutiny of common sense and unperverted taste. If she will but wash her
+hands completely of Ĉschylus and Milton, and all other poets, either
+great, or whom she takes for such, and come before the public in the
+graces of her own feminine sensibilities, and in the strength of her own
+profound perceptions, her sway over human hearts will be more
+irresistible than ever, and she will have nothing to fear from a
+comparison with the most gifted and illustrious of her sex.
+
+FOOTNOTES:
+
+[31] London. Moxon. 1844.
+
+[32] "_With accents undefiled_;" this is surely a very strange and
+unaccountable interpolation. How was it possible, or conceivable, that
+any accents could be _defiled_, which conveyed the holiest and most
+pathetic injunction that ever came from the lips of a dying mother?
+
+
+
+
+UP STREAM; OR, STEAM-BOAT REMINISCENCES.
+
+
+I had come to New Orleans to be married, and the knot once tied, there
+was little inducement for my wife, myself, or any of our party, to
+remain in that city. Indeed, had we been disposed to linger, an account
+that was given us of the most unwelcome of all visitors, the yellow
+fever, having knocked at the doors of several houses in the Marigny
+suburb, would have been sufficient to drive us away. For my part, I was
+anxious to find myself in my now comfortable home, and to show my new
+acquisition--namely, my wife--to my friends above Bâton Rouge, well
+assured that the opinion of all would be in favour of the choice I had
+made. By some eccentric working of that curious machinery called the
+mind, I was more thoughtful than a man is usually supposed to be upon
+his wedding-day; and I received the congratulations of the guests, went
+through the _obligato_ breakfast, and the preparations for departure, in
+a very automatical manner. I took scarcely more note of the nine shots
+that were fired as we went on board the steamer, of the hurrahs shouted
+after us from the quay by a few dozen sailors, or the waving of the
+star-spangled banners that fluttered over the poop and forecastle--of
+all the honour and glory, in short, attending our departure. I was busy
+drawing a comparison between my first and this, my last, voyage to the
+Red River.
+
+It was just nine years and two months since I had first come into
+possession of my "freehold of these United States," as the papers
+specified it. Five thousand dollars had procured me the honour of
+becoming a Louisianian planter; upon the occurrence of which event, I
+was greeted by my friends and acquaintances as the luckiest of men.
+There were two thousand acres, "with due allowance for fences and
+roads," according to the usual formula; and the wood alone, if I might
+believe what was told me, was well worth twenty thousand dollars. For
+the preceding six months, the whole of the western press had been
+praising the Red River territory to the very skies; it was an
+incomparable sugar and cotton ground, full sixteen feet deep of river
+slime--Egypt was a sandy desert compared to it--and as to the climate,
+the zephyrs that disported themselves there were only to be paralleled
+in Eldorado and Arcadia. I, like a ninny as I was, although fully aware
+of the puffing propensities of our newspaper editors, especially when
+their tongues, or rather pens, have been oiled by a few handfuls of
+dollars, fell into the trap, and purchased land in the fever-hole in
+question, where I was assured that a habitable house and two negro huts
+were already built and awaiting me. The improvements alone, the
+land-speculator was ready to take his oath, were worth every cent of two
+thousand dollars. In short, I concluded my blind bargain, and in the
+month of June, prepared to start to visit my estate. I was at New
+Orleans, which city was just then held fast in the gripe of its annual
+scourge and visitor, the yellow fever. I was in a manner left alone; all
+my friends had gone up or down stream, or across the Pont Chartrain.
+There was nothing to be seen in the whole place but meagre hollow-eyed
+negresses, shirtless and masterless, running about the streets, howling
+like jackals, or crawling in and out of the open doors of the houses. In
+the upper suburb things were at the worst; there, whole streets were
+deserted, the houses empty, the doors and windows knocked in; while the
+foul fever-laden breeze came sighing over from Vera Cruz, and nothing
+was to be heard but the melancholy rattle of the corpse-carts as they
+proceeded slowly through the streets with their load of coffins. It was
+high time to be off, when the yellow fever, the deadly _vomito_, had
+thus made its triumphant entry, and was ruling and ravaging like some
+mighty man of war in a stormed fortress.
+
+I had four negroes with me, including old Sybille, who was at that time
+full sixty-five years of age; Cĉsar, Tiberius, and Vitellius, were the
+three others. We are fond of giving our horses and negroes these high
+sounding appellations, as a sort of warning, I am inclined to think, to
+those amongst us who sit in high places; for even in our young republic
+there is no lack of would-be Cĉsars.
+
+The steamers had left off running below Bâton Rouge, so I resolved to
+leave my gig at New Orleans, procuring in its stead a sort of dearborn
+or railed cart, in which I packed the whole of my traps, consisting of a
+medley of blankets and axes, barrows and ploughshares, cotton shirts and
+cooking utensils. Upon the top of all this I perched myself; and those
+who had known me only three or four months previously as the gay and
+fashionable Mr Howard, one of the leaders of the _ton_, the deviser and
+proposer of fêtes, balls, and gaieties of all kinds, might well have
+laughed, could they have seen me half buried amongst pots and pans,
+bottles and bundles, spades and mattocks, and suchlike useful but homely
+instruments. There was nobody there to laugh, however, or to cry either.
+Tears were then scarce articles in New Orleans; for people had got
+accustomed to death, and their feelings were more or less blunted. But
+even had the yellow fever not been there, I doubt if any one would have
+laughed at me; there is too much sound sense amongst us. Our town
+beauties--ay, the most fashionable and elegant of them--think nothing of
+installing themselves, with their newly wedded husbands, in the
+aforesaid dearborns, and moving off to the far west, leaving behind them
+all the comforts and luxuries among which they have been brought up.
+Whoever travels in our backwoods, will often come across scenes and
+interiors such as the boldest romance writer would never dare to invent.
+Newly married couples, whose childhood and early youth have been spent
+in the enjoyment of all the superfluities of civilization, will buy a
+piece of good land far in the depths of forests and prairies, and found
+a new existence for themselves and their children. One meets with their
+dwellings in abundance--log-houses, consisting for the most part of one
+room and a small kitchen: on the walls of the former the horses' saddles
+and harness, and the husband's working clothes, manufactured often by
+the delicate hands of his lady; in one corner, a harp or a piano; on the
+table, perhaps, a few numbers of the North American or Southern reviews,
+and some Washington or New York papers. A strange mixture of wild and
+civilized life. It is thus that our Johnsons, our Livingstons, and
+Ranselaers, and hundreds, ay, thousands of families, our Jeffersons and
+Washingtons, commenced; and truly it is to be hoped, that the rising
+generation will not despise the custom of their forefathers, or reject
+this healthy means of renovating the blood and vigour of the community.
+
+To return to my own proceedings. I got upon my dearborn, in order to
+leave as soon as possible the pestilential atmosphere of New Orleans;
+and I had just established myself amongst my goods and chattels, when
+Cĉsar came running up in great exultation, with a new cloak which he had
+been so lucky as to find lying before the door of a deserted house in
+the suburb. I took hold of the infected garment with a pair of tongs,
+and pitched it as far as I was able from the cart, to the great dismay
+of Cĉsar, who could not understand why I should throw away a thing which
+he assured me was well worth twenty dollars. We set off, and soon got
+out of the town. Not a living creature was to be seen as far as the eye
+could reach along the straight road. On the right hand side, the suburb
+of the Annunciation was enclosed in wooden palisades, upon which
+enormous bills were posted, containing proclamations by the mayor of the
+town, and headed with the word "Infected," in letters that could be read
+half a mile off. These proclamations, however, were unnecessary. New
+Orleans looked more like a churchyard than a city; and we did not meet
+five persons during the whole of our drive along the new canal road.
+
+At the first plantation at which we halted, in order to give the horses
+a feed, gates and doors were all shut in our faces, and the hospitable
+owner of the house warned us to be off. As this warning was conveyed in
+the shape of a couple of rifle-barrels protruded through the jalousies,
+we did not think it advisable to neglect it. The reception was cheerless
+enough; but we came from New Orleans, and could expect no better one.
+Cĉsar, however, dauntless as his celebrated namesake, jumped over a
+paling, and plucked an armful of Indian corn ears, which he gave to the
+horses; an earthen pan served to fetch them water from the Mississippi,
+and after a short pause we resumed our journey. Five times, I remember,
+we halted, and were received in the same humane and hospitable manner,
+until at last we reached the plantation of my friend Bankes. We had come
+fifty miles under a burning sun, and had passed more than fifty
+plantations, each with its commodious and elegant villa built upon it;
+but we had not yet seen a human face. Here, however, I hoped to find
+shelter and refreshment; but in that hope I was doomed to be
+disappointed.
+
+"From New Orleans?" enquired the voice of my friend through the
+jalousies of his verandah.
+
+"To be sure," answered I.
+
+"Then begone, friend, and be d----d to you!" was the affectionate reply
+of the worthy Mr Bankes, who was, nevertheless, kind enough to cause a
+huge ham and accessories, together with half a dozen well-filled
+bottles, to be placed outside the door--a sort of mute intimation that
+he was happy to see us, so long as we did not cross his threshold. I had
+a hearty laugh at this half-and-half hospitality, eat and drank, wrapped
+myself in a blanket, and slept, with the blue vault for a covering, as
+well or better than the president.
+
+In the morning, before starting, I shouted out a "Thank ye! and be
+d----d to you!" by way of _remerciment_; and then we resumed our march.
+
+At last, upon the third evening, we managed to get our heads under a
+roof at the town of Bâton Rouge, in the house of an old French soldier,
+who laughed at the yellow fever as he had formerly done at the Cossacks
+and Mamelukes; and the following morning we started for the Red River,
+in the steamboat Clayborne. By nightfall we reached my domain.
+
+_Santa Virgen!_ exclaims the Spaniard in his extremity of grief and
+perplexity: what I exclaimed, I am sure I do not remember; but I know
+that my hair stood on end, when I beheld, for the first time, the
+so-called improvements on my new property. The habitable and comfortable
+house was a species of pigsty, built out of the rough branches of trees,
+without doors, windows, or roof. There was I to dwell, and that in a
+season when the thermometer was ranging between ninety-five and a
+hundred degrees. The very badness of things, however, stimulated us to
+exertion; we set to work, and in two days had built a couple of very
+decent huts, the only inconvenience of which was, that when it rained
+hard, we were obliged to take refuge under a neighbouring cotton-tree.
+Fortunately, out of the two thousand acres, there really were fifty in a
+state of cultivation, and that helped us. I planted and kept house as
+well as I could: in the daytime I ploughed and sowed; and in the evening
+I mended the harness and the holes in my inexpressibles. With society I
+was little troubled, seeing that my nearest neighbour lived
+five-and-twenty miles off. The first summer passed in this manner; the
+second was a little better; and the third better still--until at last
+the way of life became endurable. There is nothing in the world
+impracticable; and Napoleon never spoke a truer word than when he said,
+"_Impossible!--C'est le mot d'un fou!_"
+
+And then a hunting-party in the savannahs of Louisiana or Arkansas!
+
+There is a something in those endless and gigantic wildernesses which
+seems to elevate the soul, and to give to it, as well as to the body, an
+increase of strength and energy. There reign, in countless multitudes,
+the wild horse and the bison; the wolf, the bear, and the snake; and,
+above all, the trapper, surpassing the very beasts of the desert in
+wildness--not the old trapper described by Cooper, who never saw a
+trapper in his life, but the real trapper, whose adventures and mode of
+existence would furnish the richest materials for scores of romances.
+
+Our American civilization has engendered certain corrupt off-shoots, of
+which the civilization of other countries knows nothing, and which could
+only spring up in a land where liberty is found in its greatest
+development. These trappers are for the most part outcasts, criminals
+who have fled from the chastisement of the law, or else unruly spirits
+to whom even the rational degree of freedom enjoyed in the United States
+has appeared cramping and insufficient. It is perhaps fortunate for the
+States, that they possess the sort of fag-end to their territory
+comprised between the Mississippi and the Rocky Mountains; for much
+mischief might be caused by these violent and restless men, were they
+compelled to remain in the bosom of social life. If, for example, _la
+belle France_ had had such a fag-end or outlet during the various crises
+that she has passed through in the course of the last fifty years, how
+many of her great warriors and equally great tyrants might have lived
+and died trappers! And truly, neither Europe nor mankind in general
+would have been much the worse off, if those instruments of the greatest
+despotism that ever disguised itself under the mask of freedom--the
+Massenas, and Murats, and Davousts, and scores more of suchlike laced
+and decorated gentry--had never been heard of.
+
+One finds these trappers or hunters in all the districts extending from
+the sources of the Columbia and Missouri, to those of the Arkansas and
+Red Rivers, and on the tributary streams of the Mississippi which run
+eastward from the Rocky Mountains. Their whole time is passed in the
+pursuit and destruction of the innumerable wild animals, which for
+hundreds and thousands of years have bred and multiplied in those remote
+steppes and plains. They slay the buffalo for the sake of his hump, and
+of the hide, out of which they make their clothing; the bear to have his
+skin for a bed; the wolf for their amusement; and the beaver for his
+fur. In exchange for the spoils of these animals they get lead and
+powder, flannel shirts and jackets, string for their nets, and whisky to
+keep out the cold. They traverse those endless wastes in bodies several
+hundreds strong, and have often desperate and bloody fights with the
+Indians. For the most part, however, they form themselves into parties
+of eight or ten men, a sort of wild guerillas. These must rather be
+called hunters than trappers; the genuine trapper limiting himself to
+the society of one sworn friend, with whom he remains out for at least a
+year, frequently longer; for it takes a considerable time to become
+acquainted with the haunts of the beaver. If one of the two comrades
+dies, the other remains in possession of the whole of their booty. The
+mode of life that is at first adopted from necessity, or through fear of
+the laws, is after a time adhered to from choice; and few of these men
+would exchange their wild, lawless, unlimited freedom, for the most
+advantageous position that could be offered them in a civilized country.
+They live the whole year through in the steppes, savannahs, prairies,
+and forests of the Arkansas, Missouri, and Oregon territories--districts
+which comprise enormous deserts of sand and rock, and, at the same time,
+the most luxuriant and beautiful plains, teeming with verdure and
+vegetation. Snow and frost, heat and cold, rain and storm, and hardships
+of all kinds, render the limbs of the trapper as hard, and his skin as
+thick, as those of the buffalo that he hunts; the constant necessity in
+which he finds himself of trusting entirely to his bodily strength and
+energy, creates a self-confidence that no peril can shake--a quickness
+of sight, thought, and action, of which man in a civilized state can
+form no conceptions. His hardships are often terrible; and I have seen
+trappers who had endured sufferings, compared to which the fabled
+adventures of Robinson Crusoe are mere child's play, and whose skin had
+converted itself into a sort of leather, impervious to every thing
+except lead and steel. In a moral point of view, these men may be
+considered a psychological curiosity: in the wild state of nature in
+which they live, their mental faculties frequently develop themselves in
+a most extraordinary manner; and in the conversation of some of them may
+be found proofs of a sagacity and largeness of views, of which the
+greatest philosophers of ancient or modern times would have no cause to
+be ashamed.
+
+The daily and hourly dangers incurred by these trappers must, one would
+think, occasionally cause them to turn their thoughts to a Supreme
+Being; but such is not the case. Their rifle is their god--their knife
+their patron saint--their strong right hand their only trust. The
+trapper shuns his fellow-men; and the glance with which he measures the
+stranger whom he encounters on his path, is oftener that of a murderer
+than a friend: the love of gain is as strong with him as it is found to
+be in a civilized state of society, and the meeting of two trappers is
+generally the signal for the death of one of them. He hates his white
+competitor for the much-prized beaver skins far more than he does his
+Indian one: the latter he shoots down as coolly as if he were a wolf or
+a bear; but when he drives his knife into the breast of the former, it
+is with as much devilish joy as if he felt he were ridding mankind of as
+great an evil-doer as himself. The nourishment of the trapper,
+consisting for years together of buffalo's flesh--the strongest food
+that a man can eat--and taken without bread or any other accompaniment,
+doubtless contributes to render him wild and inhuman, and to assimilate
+him in a certain degree to the savage animals by which he is surrounded.
+
+During an excursion that I made with some companions towards the upper
+part of the Red River, we met with several of these trappers; amongst
+others, with one weather-beaten old fellow, whose face and bare neck
+were tanned by sun and exposure to the colour of tortoise-shell. We
+hunted two days in his company, without noticing any thing remarkable
+about the man; he cooked our meals, which consisted usually of a haunch
+of venison or a buffalo's hump, instructed us where to find game, and
+was aware of the approach of the latter even sooner than his huge
+wolf-dog, which never left his side. It was only on the morning of the
+third day, that we discovered something calculated to diminish our
+confidence in our new comrade. This was a number of lines and crosses
+upon the butt of his rifle, which gave us a new and not very favourable
+insight into the man's character. These lines and crosses came after
+certain words rudely scratched with a knife-point, and formed a sort of
+list, of which the following is a copy:--
+
+Buffaloes--no number given, they being probably too numerous.
+
+Bears, nineteen--the number being indicated by nineteen strait strokes.
+
+Wolves, thirteen--marked by oblique strokes.
+
+Red underloppers, four--marked by four crosses.
+
+White underloppers, two--noted by two stars.
+
+Whilst we were examining this curious calendar, and puzzling ourselves
+to make out the meaning of the word "underloppers," I observed a grim
+smile stealing over the features of the old trapper. He said nothing,
+however; drew the buffalo's hump he was cooking from under the hot
+embers, took it out of the piece of hide in which it was wrapped, and
+placed it before us. It was a meal that a king might have envied, and
+the mere smell of it made us forget the rifle butt. We had scarcely
+fallen to, when the old man laid hold of his gun.
+
+"Look ye," said he, with a strange grin. "It's my pocket-book. D'ye
+think it a sin to kill one of them red or white underloppers?"
+
+"Whom do you mean?" asked we.
+
+The man smiled again and rose to depart; his look, however, was alone
+enough to enlighten us as to who the two-legged interlopers were whom he
+had first shot, and then noted on his rifle-butt with as much cool
+indifference as if they had been wild turkeys instead of human beings.
+In a region to which the vengeful arm of the law does not reach, we did
+not feel ourselves called upon or entitled to set ourselves up as
+judges, and we let the man go.
+
+These trappers occasionally, and at long intervals, return for a few
+days or weeks to the haunts of civilization; and this occurs when they
+have collected a sufficient quantity of beaver skins. They then fell a
+hollow tree that stands on the shore of some navigable stream, make it
+water-tight, launch it, load it with their merchandise and their few
+necessaries, and float and row for thousands of miles down the Missouri,
+Arkansas, or Red River, to St Louis, Natchitoches, or Alexandria. They
+may be seen roaming and staring about the streets of these towns, clad
+in their coats of skins, and astonishing strangers by their wild and
+primitive appearance.
+
+       *       *       *       *       *
+
+I was sitting on a sofa in a corner of the ladies' cabin, with Louise by
+my side, and talking over with her these and other recollections of more
+or less interest. The tea hour was long past, and the cabins were
+lighted up. Suddenly we were interrupted in our conversation by a loud
+noise overhead.
+
+"A nigger killed!" sang out somebody upon deck.
+
+"A nigger killed!" repeated two, ten, twenty, and at length a hundred
+voices; and thereupon there was a running and trampling, and hurrying
+and scurrying, an agitation in our big floating inn as if the boilers
+were on the brink of bursting, and giving us a passage into eternity in
+the midst of their scalding contents. Louise started up, and dragging me
+with her, hurried breathless through the two saloons, to the stairs
+leading upon deck.
+
+"Who is killed? Where is the poor negro?"
+
+The answer I got was a horse-laugh from a score of backwoodsmen.
+
+"Much noise about nothing, dear Louise."
+
+And we were on the point of descending the stairs again, when we were
+detained, and our attention riveted, by the picturesque appearance of
+the deck--I should rather say of the persons grouped upon it--seen in
+the red, flickering, and uncertain light of sundry lamps, lanterns, and
+torches. Truly, the night-piece was not bad. In the centre of the
+steamer's deck, at an equal distance from stem and stern, stood a knot
+of fellows of such varied and characteristic appearance as might be
+sought for in vain in any other country than ours. It seemed as if all
+the western states and territories had sent their representatives to our
+steamer. Suckers from Illinois, and Badgers from the lead-mines of
+Missouri--Wolverines from Michigan, and Buckeyes from Ohio--Redhorses
+from old Kentuck, and Hunters from Oregon, stood mingled before us, clad
+in all sorts of fantastical and outlandish attire. One had a
+hunting-shirt of blue and white striped calico, which made its wearer's
+broad back and huge shoulders resemble a walking feather-bed; another
+was remarkable for a brilliant straw-hat--a New Orleans purchase, that
+looked about as well on his bronzed physiognomy as a Chinese roof would
+do on a pigsty. Wiñebago wampum belts and Cherokee mocassins, jerkins of
+tanned and untanned deer-hide, New York frock-coats, and red and blue
+jackets, composed some of the numerous costumes, of which the mixture
+and contrast were in the highest degree picturesque.
+
+In the middle of this group stood a personage of a very different
+stamp--a most interesting specimen of the genus Yankee, contrasting in a
+striking manner with the rough-hewn sons of Anuk who surrounded him. He
+was a man of some thirty years of age, as dry and tough as leather, of
+grave and pedantic mien, the skin of his forehead twisted into
+innumerable small wrinkles, his lips pressed firmly together, his bright
+reddish-grey eyes apparently fixed, but, in reality, perpetually
+shifting their restless glances from the men by whom he was surrounded,
+to some chests that lay upon the deck before him, and again from the
+chests to the men; his whole lean, bony, angular figure in a position
+that made it difficult to conjecture whether he was going to pray, or to
+sing, or to preach a sermon. In one hand he held a roll of pigtail
+tobacco, in the other some bright-coloured ribands, which he had taken
+from an open chest containing the manifold articles constituting the
+usual stock in trade of a pedlar. Beside this chest were two others, and
+beside those lay a negro, howling frightfully, and rubbing alternately
+his right shoulder and his left foot; but nevertheless, according to all
+appearance, by no means in danger of taking his departure for the other
+world. As the Yankee pedlar raised his hand and signed to the vociferous
+blackamoor to be silent, the face of the former gradually assumed that
+droll, cunning, and yet earnest expression which betrays those double
+distilled Hebrews, when they are planning to get possession, in a
+quasi-legal manner, of the dollars of their fellow-citizens; in a word,
+when they are manoeuvering to exchange their worthless northern wares
+for the sterling coin of the south. Presently his arms began to swing
+about like those of a telegraph; he threw a long and loving glance at
+the two unopened chests, which had apparently slipped down from the top
+of a quantity of merchandise piled upon deck, and fallen on the foot and
+shoulder of the negro; then measuring the latter with a look of
+reproach, he suddenly opened his compressed lips, from which a sharp,
+high-toned, schoolmasterlike voice issued.
+
+"Sambo, Sambo! What have you done? Sambo, Sambo!" he repeated, while his
+voice became more solemn, and he raised his hands and eyes as if
+appealing to heaven for justice. "Sambo, you onlucky nigger, what have
+you been a doin'?"
+
+"A 'sarve,' a wonderful 'sarve!'" screamed the man, pointing to the
+chests with an appearance of the profoundest grief.
+
+"Heaven forgive you, Sambo! but you have endangered, perhaps sp'iled, a
+'sarve,' compared to which all the 'intments and balms of Mecca, Medina,
+and Balsora--of Algiers, Tunis, and Tripoli, or whatever other places
+they may come from, air actilly no better than cart-grease. Ah, Sambo!
+if you were twenty times a nigger, and could be brought twenty times on
+the auction table, you wouldn't fetch enough money to pay for the harm
+you have done!"
+
+"Boe! Boe!" howled the negro by way of parenthesis.
+
+"Ah, Boe! Boe!" screamed the Yankee, "you may well say Boe, Boe! And you
+ain't the only one as may say it, that's sartain. There be ladies and
+gentlemen here, as respectable ladies and gentlemen as can be found any
+where--ay, even to Boston, the cradle of our independence--and they
+might say Boe! Boe! if they knew all. In them two chests are a hundred
+tin boxes and glass phials; and if only twenty of them are damaged,
+there is more injury done than your hide could pay for, if it were
+twenty times as thick and twenty times as vallyable as it is. Your whole
+carcass ain't worth one of the boxes of that precious 'intment. Ah,
+Sambo!"
+
+"Boe! Boe!" howled Sambo in reply.
+
+"What's the palaver about?" growled some of the Badgers and Buckeyes;
+"open the chests, and you'll see what harm's done."
+
+"D'ye ye hear, Sambo?" cried the Yankee with the same immovable
+countenance; "you're to hold yer tongue, the gentlemen say; they're
+tired of yer noise, and no wonder. What's the use of boohooin' away at
+that rate? Helps you nothin'; you desarve what you've got. I'll thank
+you for your long knife, Mister. That'll do. That opens it, cuts in like
+rael steel; better it should be into hard word than soft flesh. There
+they are, then, and not broken; onhurt, without a spot or a crack. Sing
+praises to the Lord! psalms and hymns of rejoicin'--not a phial broke,
+nor a box smashed! Praised be the Lord! I say ag'in. Since they are
+safe, it don't matter if twenty shoulder-blades and ankle-bones are put
+out. Verily the mercy of Heaven shall be made manifest, and that by the
+means of a feeble vessel, Jared Bundle by name. Down with ye,
+Sambo--down with ye, I say!--Your shoulder and your dingy hide shall be
+made whole, and your black bones shall be comforted!"
+
+Not a muscle of the Yankee's face moved; he preserved the grave and
+solemn appearance of a man to whom a sacred trust has been confided, and
+who is fully penetrated with the importance of his mission. Once or
+twice, however, I observed him give a keen but almost imperceptible
+glance around him, as if to observe the effect of his eloquence upon his
+auditors.
+
+"Down with you, Sambo!" he repeated to the negro, who had got himself
+into a sort of sitting posture upon the deck.
+
+"Down, down!" cried the men of Kentucky.
+
+"Down!" those of Missouri and Ohio.
+
+"Be quick about it!" shouted an Illinois sucker.
+
+"Let's see the Yankee's wonderful cure!" exclaimed a hunter from Oregon.
+
+And amidst shouts and exclamations and laughter, poor Sambo was seized
+by half a dozen of their bear's fists, and stretched out upon a heap of
+coffee-bags like a pig that's going to be killed.
+
+"Boe! Boe!" clamoured the negro at the top of his voice.
+
+"Boohoo as much as you like," cried the Yankee in a shrill tone, that
+was heard above all the howlings of the unlucky Sambo. "You'll sing to
+another tune when you see and understand and feel what a Conne'ticut man
+_can_ do. You say Boe, Boe! like a poor benighted crittur as you are,
+but what do you say to that?" cried the pedlar in a triumphant voice, as
+he held close to the negro's nose a piece of linen rag on which he had
+smeared a green greasy substance bearing a strong resemblance to
+paste-blacking in a state of decomposition. Then, taking up the box
+which contained this precious compound, he put it in close proximity to
+the obtuse snout of the blackamoor, who made a grimace as if his
+olfactories were but moderately regaled by the odour emanating from the
+miraculous ointment.
+
+"What d'ye think of that, Sambo? Is that the stuff or not? Will that do,
+think ye? Well, you shall soon see. Gentlemen!" he continued, with all
+the gravity of a legitimate M.D. "Gentlemen! the arms and legs of this
+poor Sambo must be stretched as much as possible, in order that the
+sarve may take its full effect. Will you be good enough to assist me?"
+
+Upon the word, the backwoodsmen caught hold of the negro's limbs, and
+began pulling and tugging at them till the poor devil roared as if they
+had been impaling him.
+
+"Boohoo away!" cried the Yankee. "It's all for your good. If your
+shoulder is put out, the stretchin' will put it in ag'in."
+
+The negro continued his lamentations, as well he might, when every one
+of his joints was cracking under the force applied.
+
+"All no use your callin' out!" screamed the pedlar, as he stuck the
+salved rag upon the ebony hide of the patient. "Better hold yer tongue.
+Ain't you lucky to have met with me at a time when all the doctors in
+the world--the Browns, and Hossacks, and Sillimans--could not have done
+you a cent's worth of good? All their drugs would have had no more
+effect than a ladleful of pea-soup. You ought to be rejoicin' in yer
+luck, instead of screamin' like a wounded catamount. Keep still, will
+you? There, that'll do. Many thanks, gentlemen; I thank you in the name
+of this senseless crittur. That's enough. No cause for complaint, man!"
+continued he, as he stuck a second plaster on the negro's foot. "All
+safe enough when Jared Bundle is there with his Palmyra sarve. You be
+the first as was ever know'd to scream after havin' one smell of that
+precious 'intment. And I tell you what it is, my man, if both your black
+legs had been broken clean off, and were swimmin' down the Mississippi
+half rotten--ay, or if they had just come out of the jaws of an
+alligator, and you were to stick 'em on, and plaster them up with this
+'intment, you may take my word, Jared Bundle's word, that they'd grow to
+your body again--the flesh would become your flesh, and the bone your
+bone, as sure as I am now here." And he looked round at his auditors
+with a world of confidence and veracity depicted upon his countenance.
+
+"There was Aby Sparks to Penobscot--you know, ladies and gentlemen, Aby
+Sparks, the son of Enoch Sparks, who married Peggy Heath. Good family
+the Sparkses--very good family, as you know, ladies and gentlemen.
+Respectable people in a respectable way of business, the general
+line--drugs and cutlery, and hats patent waterproof, bird-seed and
+jewellery, tea and coffee pots, and shoes of the newest fashion. Ladies
+and gentlemen, do you want a good tea or coffee pot? Partiklar jam,
+_they_ are, I reckon. Well, Aby Sparks said to me, 'Jared Bundle,' says
+he, 'leave me a dozen boxes or phials, whichever you like, of your
+Palmyra sarve. Wonderful stuff that!' says he. 'What!' says I, 'leave
+you some of my Palmyra sarve! You're jist right to say it ain't common
+apothecaries' stuff; that it certainly ain't. But what would the ladies
+and gentlemen on the lower Mississippi say, if I left any of it here?
+It's all meant for them,' says I; 'they're my best customers.'"
+
+"Soft sawder! Jared Bundle," grunted a Kentuckian.
+
+"Cart grease and cobbler's wax," said a man of Illinois.
+
+"He's from the north," laughed a third, "where there's more wooden
+clocks than cows and calves."
+
+"Where the grasshoppers break their legs in jumpin' from one potato heap
+to another," interposed a fourth.
+
+"Where the robins starve in harvest time, and the mockin'-bird is too
+hungry to mock," cried a fifth.
+
+"Nothin' in the world like Jared Bundle's 'intment," continued the
+imperturbable Yankee. "Finest thing possible for corns. Ain't genteel to
+talk of such things, ladies and gentlemen; but if any of you have got
+corns, rub 'em just two or three times with the Palmyra sarve, and
+they'll disappear like snow in sunshine. Worth any money against tan and
+freckles. You, miss," cried he to Louise, "you ain't got any freckles,
+but you may very likely git 'em. A plaster on each cheek afore you go to
+bed--git up in the mornin', not a freckle left--all lilies and roses!"
+
+"Hold your impudent tongue!" said I, "or I will plaster you."
+
+"We're in a free country," was the answer; "free to sell and free to
+buy. Gentlemen," continued Mr Bundle, "famous stuff for razor-strops.
+Rub a little on, draw the razor a couple of times over it--shave. Razor
+runs over the face like a steam-carriage along a railroad, you don't
+know how; beard disappears like grass before the sickle, or a regiment
+of Britishers before Yankee rifles. Great vartue in the sarve--uncommon
+vartue! Ma'am!" cried he to a lady who, like ourselves, was looking on
+from a short distance at this farcical scene, "Ma'am!"
+
+I looked round at the lady. "Bless my soul! Mrs Dobleton and the Misses
+Dobleton from Concordia, my neighbours on the Mississippi. Delighted to
+see you, Mrs Dobleton; allow me the honour of introducing my wife to
+you."
+
+Our greetings and compliments were drowned by the piercing voice of the
+indefatigable Yankee.
+
+"Ma'am!" cried he, with a box of ointment in each hand, "Ma'am! the
+finest cure in the world for toothach. If teeth are good, it keeps 'em
+so; if bad, it makes 'em sound and white as ivory. A small bit on the
+point of a knife between the teeth and the gum--acts like a charm. Young
+ladies! a capital remedy for narrow chests."
+
+The skinny Miss Dobletons turned green with vexation.
+
+"Incomparable remedy!" continued Jared; "rub it well in on the part
+affected, and in a short time the most contracted chest becomes as wide
+as that of Mrs Broadbosom to Charleston. Fine thing for lockjaw, ma'am!"
+cried he to a Mrs Bodwell who was standing by, and amongst whose good
+qualities that of silence was not considered to hold a conspicuous
+place; "a famous cure for lockjaw, from whatever cause it may come on.
+There was Miss Trowlop--she had a very handsum' mouth and a considerable
+gift of the gab--was goin' to be married to Mr Shaver, run a hickory
+splinter through her prunella shoe into her foot--jaw locked as fast as
+old Ebenezer Gripeall's iron safe. If she'd a-had my Palmyra sarve she'd
+be still alive, Mrs Shaver, now; 'stead of that, the land-crabs have
+eaten her. Another example, ladies: Sally Brags, Miss Sally Brags to
+Portsmouth. You know Portsmouth, Providence, where the pretty gals grow;
+some folk _do_ say they're prettier to Baltimore--won't say they
+ain't--matter of taste, pure matter of taste; but Miss Sally Brags,
+ladies, had the lockjaw--couldn't say a word; took a box of my Palmyra
+sarve--ladies, two dollars a box by retail--her tongue now goes
+clap-clap-clap like any steam-mill. Famous cure for lockjaw!"
+
+During this unceasing flow of words, the Yankee had found the time to
+drive a capital trade; his merchandise of all kinds was rapidly
+disappearing, and the more the backwoodsmen laughed, the faster flowed
+the dollars into the pedlar's pouch. It was most diverting to observe
+the looks of the purchasers of the Palmyra ointment, as they first
+smelled at it and then shook their heads, as if in doubt whether they
+were not duped.
+
+"Wonderful stuff!" cried the Yankee with imperturbable gravity, and as
+if to reassure them. "And capital coffee-pots," continued he to a
+leather-jerkined Missouri man, who had taken up one of the latter and
+was examining it. "I'll warrant 'em of the best description, and no
+mistake. Wonderful stuff this Palmyra sarve, came direct from Moscow,
+where the Archbishop of Abyssinia had brought it, but, havin' got into
+debt, he was obliged to sell off; and from Moscow, which, as you all
+know, is a great seaport, it passed into the hands of the Grand Duke of
+Teheran or Tombuctoo, who lives somewhere about the Cape of Good Hope.
+From there it came to Boston in the brig Sarah, Captain Larks. I was one
+of the first to go on board, and as soon as I smelled to it, I knew
+directly what time o' day it was--where the wind blew from, as I may
+say. Ladies, here you have the means of preservin' your health and your
+beauty for the longest day you live, and all for two dollars--only two
+dollars a box. In short, ladies and gentlemen," concluded the
+persevering fellow sententiously, "you have my warranty that this sarve
+heals all curable diseases; and if it be true, as the famous Doctor
+Flathead says, that there be only two sorts of maladies--them of which
+people die, and them of which they get well--you must see how important
+it is to have a box of the Palmyra 'intment. Best of all sarves, ladies!
+two dollars a box, ladies!
+
+"Ladies and gentlemen," resumed Mr Bundle after a brief pause, "d'ye
+want any other articles--silks, linen, calicoes, fine spices, nutmegs?
+None of your walnut-wood nutmegs, but ginu_ine_ Boston goods, out of the
+most respectable stores. Ah! ladies and gentlemen, Jared Bundle's tea
+and coffee pots--let me recommend 'em to you. The metal is of a
+particular sort, corrects the oily matter contained in the tea, which
+the doctors say is no better than so much p'ison. Should be sorry for
+you to suppose I was instigated by love of gain--filthy lucre, ladies;
+but think of your vallyable health--your precious health--and buy my
+teapots; two dollars twenty-five cents a-piece. Yes, ma'am," continued
+he, turning to one of the negresses who were crawling, and grinning, and
+gaping around his wares, "beautiful Lyons ribands, and Bengal
+neck-handkerchiefs _di_rect from Calcutta; lovely things them
+handkerchiefs, and the ribands too, partic'lerly the broad ones--quarter
+of a dollar a yard. Four yards did you say, ma'am? Better go the
+_en_tire figur'--take eight, and you'll have twice as much. Now, ladies
+and gentlemen, to return to the teapots"----
+
+"The teapots!" cried several voices a short distance off. "Hurra! Jared
+Bundle's teapots! Look here at the Yankee teapots!"
+
+At the same moment the steward of the steamer made his appearance upon
+the field of Mr Bundle's operations, escorted by half a dozen of the
+backwoodsmen, and stepping into the torchlight, held up the very
+coffee-pot which the shameless Yankee had sold to the leather-jacketed
+man of Missouri. The pot had been filled with boiling water, which was
+now oozing out comfortably and deliberately at every side and corner of
+the vessel. For one moment the spectators stared in mute astonishment;
+but then the discovery of the Yankee's cheatery drew from them a peal of
+laughter which seemed likely to be inextinguishable.
+
+"Jared Bundle! What do you say to that? Jared Bundle's teapots! A hurra
+for Jared Bundle and the Yankee teapots!"
+
+The immovable pedlar was by no means put out of countenance by this
+discovery. While the backwoodsmen were having their laugh out, he took
+hold of the teapot, examined it deliberately on all sides, at front and
+back, inside and out, and then shook his head gravely. When the laughers
+had exhausted their uproariousness, he cleared his throat, and resumed.
+
+"Ah, gentlemen! or rather ladies and gentlemen! in our happy land of
+freedom and enlightenment, the most enlightened country in the world, no
+one, I am sure, will refuse to hear the poor pedlar's explanation of
+this singular circumstance. I know you are all most desirous of havin'
+it explained, and explain it I can and will. I am sorry to say there are
+gentlemen who sell teapots for the southern states which are only meant
+for the northern ones, and others who sell for the north what is meant
+for the south. That's how I've been deceived in these teapots, which
+come from the store of the highly respectable Messrs Knockdown. They are
+for northern consumption, gentlemen, without the smallest doubt, and
+you know that many teapots will support the cold of the north, but are
+worth nothin' when they git into a southern climate. It's oncommon hot,
+you see, down hereaway on the Mississippi, and I reckon that's the
+reason that you southern gentlemen _are_ sich an almighty b'ilin' up
+people, who take a gougin' to your breakfast as we should a mackerel.
+I'm a'most inclined to think, too, that you bile your water a deal too
+hot, which our northern tea and coffee pots ain't used to, and can't
+stand nohow."
+
+"Humbug!" growled a score of backwoodsmen, some of whom began to close
+round the Yankee, as if to make sure of him and his worthless wares.
+
+"Boe! Boe!" howled Sambo, who had been quite forgotten during this
+scene.
+
+"You still here, you black devil!" cried the pedlar, turning fiercely
+round upon the negro. "Am I to be deafened by your cussed croakin'?
+Don't mind him, ladies and gentlemen--pay no attention to him. Who cares
+about a nigger? He only cries out for his amusement. It's all his tricks
+and cunnin'; he'd like to git some more of my sarve on his black hide!
+He won't have any, tho'! Be off with ye, you stinkin' nigger!"
+
+"Stinkin' nigga! Massa Yankee say stinkin' nigga!" yelled Sambo, showing
+all his white teeth in an ecstasy of anger. "Matto stinkin' nigga now,"
+screamed he as he sprang suddenly to his feet, to the infinite delight
+of the backwoodsmen, and began capering and hopping about, and grinning
+like a mad ape. "Matto stinkin' nigga now; one hour 'go him dearie
+Matto, and good Matto, and Massa Yankee promise four picaillee[33] if
+Matto let dam heavy chest wid stinkin' serve fall on him foot and
+shoulder. Boe! Boe! Massa Yankee no good man; bad Massa, Massa Yankee!"
+
+And so it was and turned out to be. The rogue of a Yankee had made a
+sort of bargain with Sambo, and arranged a scheme by which to draw the
+attention of the passengers in a natural manner to the famous Palmyra
+salve. Seldom or never had the risible nerves of the burly backwoodsmen
+on board the Ploughboy steamer, been so enormously tickled as by the
+discovery of this Yankee trick. The laughter was deafening, really
+earsplitting; and was only brought to something like an end by the
+appearance of the captain, who came with a petition from the lady
+passengers, to the effect that the Yankee should not be too hardly dealt
+with for his ingenious attempt to transfer his fellow-citizens' dollars
+into his own pocket. Thereupon Badgers and Buckeyes, Wolverines and
+Redhorses, abated their hilarity; and it was comical to see how these
+rough tenants of the western forests proceeded, with all the gravity of
+backwoods etiquette, to respond to the humanity of the ladies. In the
+first place a deputation was chosen, consisting of two individuals, who
+were charged to assure the ladies of the universal willingness to treat
+the Yankee as tenderly as might be consistent with the nature of his
+transgression; secondly, a commission was appointed for the examination
+of the spurious wares. The articles that had been bought were produced
+one after the other, their quality and value investigated, and then they
+were either condemned and thrown overboard, or their sale was confirmed.
+The tea and coffee pots were almost, without exception, pronounced
+worthless; for although well enough calculated for a long voyage on the
+Mississippi, they could never have been meant to hold boiling
+Mississippi water. The wonderful Palmyra salve proved to be neither more
+nor less than a compound of hog's lard and gunpowder, with the juice of
+tobacco and walnut leaves--a mixture that might perhaps have been useful
+for the destruction of vermin, but the efficacy of which as an antidote
+to freckles and lockjaw was at least problematical. The teapots, the
+ointment, and some spices, amongst which wooden nutmegs cut an important
+figure, were duly consigned to the keeping of the Mississippi kelpies;
+while the dollars that had been paid for them were retransferred from
+the pockets of the Yankee to those of the credulous purchasers. Finally,
+Mr Bundle himself, in consideration of the truly republican stoicism
+with which he witnessed the execution of the judgment pronounced on his
+wares, was invited with much ceremony to regale himself with a
+"go-the-whole-hog-cocktail," an honour which he accepted and replied to
+in a set speech, at the conclusion of which he enquired whether the
+honourable society by whose sentence he had been deprived of the larger
+portion of his merchandise, could not recommend him to a schoolmaster's
+place in one of their respectable settlements. I almost wondered that he
+did not treat us to a Methodist sermon as a preparation for our
+slumbers. He seemed the right man to do it. He exactly answered to the
+description given of the Yankees by Halleck, in his Connecticut:--
+
+    ----"Apostates, who are meddling
+    With merchandise, pounds, shillings, pence, and peddling,
+    Or wandering through southern climates teaching
+    The A, B, C, from Webster's spelling-book;
+    Gallant and godly, making love and preaching,
+    And gaining by what they call hook and crook,
+    And what the moralists call overreaching,
+    A decent living. The Virginians look
+    Upon them with as favourable eyes
+    As Gabriel on the devil in Paradise."
+
+There was a deafening "Hurrah for the honourable Mistress Howard!" as
+the party of backwoodsmen walked off towards the gentlemen's cabin; and
+then things became quieter. I had invited the bears to drink a glass to
+Mrs Howard's health, and had told the steward to put down to my account
+the slings and cocktails they might consume. Mrs Dobleton, whose husband
+is secretary to a temperance society, pulled a wry face or two at what
+she doubtless thought an encouragement to vice; but for my part I have
+no such scruples. It always gives me pleasure to find myself thrown by
+chance among these rough and wild, but upright and energetic sons of the
+wilderness--these pioneers of the west, who pass their lives in
+converting tangled thickets and endless forests into fields and
+pastures, for the benefit of generations yet unborn. Truly, dear Louise,
+a few dollars spent amongst these worthy fellows are not thrown away, if
+they serve to form one, the smallest, link of the chain of good-will and
+good fellowship that does and ought to bind us to our fellow-citizens.
+
+FOOTNOTES:
+
+[33] The Louisianian name for 6-1/4 cent pieces.
+
+
+
+
+WESTMINSTER-HALL AND THE WORKS OF ART,
+
+(_On a Free Admission Day._)
+
+BY B. SIMMONS.
+
+
+    I.
+
+    By slow degrees, like rain-fraught breeze rising in time of dearth,
+    Whispers of Wisdom, far and wide, are muttering o'er the earth;
+    And lo! rough Reason's breath, that wafts strong human health to all,
+    Has blown aside the gates where Pride dozed in her feudal hall.
+
+    II.
+
+    Stout Carter, drop that loutish look, nor hesitate before--
+    Eyeing thy frock and clouted shoes--yon dark enormous door;
+    'Tis ten to one thy trampled sires their ravaged granges gave
+    To spread the Wood from whence was hew'd that oaken architrave.[34]
+
+    III.
+
+    Take now _thy_ turn. We'll on and in, nor need the pealing tromp
+    (Once wont the lordlings thronging here to usher to the pomp)
+    To kindle our dull phantasies for yon triumphal show
+    That lights the roof so high aloof with the whiteness of its glow.
+
+    IV.
+
+    RED WILLIAM, couldst thou heave aside the marble of the tomb,
+    And look abroad from Winchester's song-consecrated gloom,[35]
+    A keener smart than Tyrrel's dart would pierce thy soul to see
+    In thy vast courts the Vileinage and peasants treading free.
+
+    V.
+
+    Oh, righteous retribution! Ye Shades of those who here
+    Stood up in bonds before the slaves of sceptred fraud and fear!
+    Unswerving SOMERS!--MORE!--even thou, dark
+    SOMERSET,[36] who fell
+    In pride of place condignly, yet who loved the Commons well--
+
+    VI.
+
+    And Ye who with undaunted hearts, immortal mitred Few!
+    For Truth's dear sake, the Tyrant foil'd to whom ye still were true--[37]
+    Rejoice! Who knows what scatter'd thoughts of yours were buried seeds,
+    Slow-springing for th' oppress'd and poor, and ripen'd now to deeds?
+
+    VII.
+
+    Ha, ha! 'twould make a death's-head laugh to see how the cross-bones--
+    The black judicial formula devised by bloody thrones--
+    The Axe's edge _this_ way, now _that_, borne before murder'd men,
+    Who died for aiding their true Liege on mountain and in glen,[38]
+
+    VIII.
+
+    Are swept like pois'nous spiders' webs for ever from the scene,
+    Where in their place come crowding now the mighty and the mean;
+    The Peer walks by the Peasant's side,[39] to see if grace and art
+    Can touch a bosom clad in frieze, can brighten Labour's heart.
+
+    IX.
+
+    O! ye who doubt presumptuously that feeling, taste, are given
+    To all for culture, free as flowers, by an impartial heaven,
+    Look through this quiet rabble here--doth it not shame to-day
+    More polish'd mobs to whom we owe our annual squeeze in May?
+
+    X.
+
+    Mark that poor Maiden, to her Sire interpreting the tale
+    There pictured of the Loved and Left,[40] until her cheek grows pale:--
+    Yon crippled Dwarf that sculptured Youth[41] eyeing with glances dim,
+    Wondering will he, in higher worlds, be tall and straight like him;--
+
+    XI.
+
+    How well they group with yonder pale but fire-eyed Artisan,
+    Who just has stopp'd to bid his boys those noble features scan
+    That sadden us for WILKIE! See! he tells them now the story
+    Of that once humble lad, and how he won his marble glory.
+
+    XII.
+
+    Not all alone thou weep'st in stone, poor Lady, o'er thy Chief,[42]
+    That huge-limb'd Porter, spell-struck there, stands sharer in thy grief.
+    Pert Cynic, scorn not his amaze; all savage as he seems,
+    What graceful shapes henceforward may whiten his heart in dreams!
+
+    XIII.
+    A long adieu, dark Years! to you, of war on field and flood,
+    Battle afar, and mimic war at hone to train our blood--
+    The ruffian Ring--the goaded Bull--the Lottery's gates of sin--
+    The _all_ to nurse the outward brute, and starve the soul within!
+
+    XIV.
+
+    Here lives and breathes around us proof that those all-evil times
+    Are fled with their decrepit thoughts, their slaughter, and their crimes;
+    Long stood THIS HALL the type of all could MAN'S grim bonds increase--
+    Henceforth be it his Vestibule to hope, and light, and peace!
+
+                                        _August_, 1844.
+
+FOOTNOTES:
+
+[34] Westminster-Hall, first reared by Rufus, was entirely rebuilt by
+Richard II.
+
+[35] Winchester, many years the residence of Joseph Warton, is so much
+associated with the recollections and noble poetry of his younger
+brother, as to warrant the expression in the text.
+
+[36] The Protector-Duke, beheaded on Tower-Hill in the reign of his
+nephew, Edward VI.--"His attention to the poor during his Protectorship,
+and his opposition to the system of enclosures, had created him many
+friends among the lower classes, who hastened to witness his end, and
+yet flattered themselves with the hope of his reprieve."--LINGARD.
+
+[37] The trial of the seven bishops took place in the hall. Five out of
+their number--worthy of note upon every occasion--(the Archbishop, the
+Bishops of Ely, Bath and Wells, Chichester, and Petersborough,) refused
+the oaths to King William, and were deprived accordingly.
+
+[38] The unfortunate Scottish lords were tried here 1745-6, as Horace
+Walpole abundantly testifies.
+
+[39] More than one noble family, very creditably, have visited the works
+of art on free-admission days.
+
+[40] Maclise's fresco of _The Knight_.
+
+[41] _Youth at a stream_, by J. H. Foley.
+
+[42] Lough's _Mourners_, a group in marble.
+
+
+
+
+LINES ON THE LANDING OF HIS MAJESTY KING LOUIS PHILIPPE, TUESDAY,
+OCTOBER 8, 1844.
+
+BY B. SIMMONS.
+
+
+    I.
+
+    Ho! Wardens of the Coast look forth
+      Upon your Channel seas--
+    The night is melting in the north,
+      There's tumult on the breeze;
+    Now sinking far, now rolling out
+      In proud triumphal swell,
+    That mingled burst of shot and shout
+      Your fathers knew so well,
+    What time to England's inmost plain
+      The beacon-fires proclaim'd
+    That, like descending hurricane,
+    Grim Blake, that Mastiff of the Main,
+    Beside your shores had once again
+      The Flemish lion tamed![43]
+
+    War wakes not now that tumult loud,
+      Ye Wardens of the Coast,
+    Though looming large, through dawn's dim cloud,
+      Like an invading host
+    The Barks of France are bearing down,
+      One crowd of sails, while high
+    Above the misty morning's frown
+      Their streamers light the sky.
+    Up!--greet for once the Tricolor,
+      For once the lilied flag!
+    Forth with gay barge and gilded oar,
+    While fast the volley'd salvoes roar
+    From batteried line, and echoing shore,
+      And gun-engirdled crag!
+
+    Forth--greet with ardent hearts and eyes,
+      The GUEST those galleys bring;
+    In Wisdom's walks the more than Wise--
+      'Mid Kings the more than King!
+    No nobler visitant e'er sought
+      The Mighty's white-cliff'd isle,
+    Where ALFRED ruled, where BACON thought,
+      Where AVON'S waters smile:
+    Hail to the tempest-vexed Man!
+      Hail to the Sovereign-Sage!
+    A wearier pilgrimage who ran
+    Than the immortal Ithacan,
+    Since first his great career began,
+      Ulysses of our age!
+
+    A more than regal welcome give,
+      Ye thousands crowding round;
+    Shout for the once lorn Fugitive,
+      Whose soul no solace found
+    Save in that SELF-RELIANCE--match
+      For adverse worlds, alone--
+    Which cheer'd the Tutor's humble thatch,
+      Nor left him on the throne.
+    The WANDERER MULLER'S sails they furl--
+      The Wave-encounterer, who,
+    When Freedom leagued with Crime to hurl
+    Up earth's foundations, from the whirl
+    Where vortex'd Empires raged, the pearl
+      Of matchless Prudence drew.
+
+    V.
+
+    Shout for the Husband and the Sire,
+      Whose children, train'd to truth,
+    Repaid in feeling, grace, and fire,
+      The lessons taught their youth.
+    Recall his grief when bent above
+      His rose-zoned daughter's clay,
+    Beside whose marble, lifeless, Love,
+      And Art, and Genius lay.[44]
+    And his be homage still more dread,
+      From our mute spirits won,
+    For tears of heart-wrung anguish shed,
+    When with that gray "discrownèd head,"
+    On foot he follow'd to the dead
+      His gallant, princely son.
+
+    VI.
+
+    Shout for the Hero and the King
+      In soul serene--alike,
+    If suppliant States the sceptre bring,
+      Or banded traitors strike!
+    Oh, if at times a thrall too strong
+      Round Freedom's form be laid,
+    Where Faction works by wrath and wrong
+      His pardon be display'd.
+    Be his this praise--unspoil'd by power
+      His course benignly ran,
+    A MONARCH, mindful of the hour
+    He felt misfortune's wintry shower,
+    A MAN, from hall to peasant's bower,
+      The common friend of Man.
+
+    VII.
+
+    Again the ramparts' loosen'd load
+      Of thunder rends the air!
+    Peal on--such pomp is fitly show'd--
+      He lands no stranger there.
+    Hear from his lips your language grave
+      In earnest accents fall--
+    The memories of the home ye gave
+      He hastens to recall--
+    'Mid flash of spears and fiery thrill
+      Of trumpets speed him forth,
+    The Master-Mind your Shakspeare still
+    Had loved to draw--that to its will
+    Shapes Fate and Chance with potent skill--
+      The Numa of the North.
+
+    VIII.
+
+    Windsor! henceforth a loftier spell
+      Invests thy storied walls--
+    The Bards of future years shall tell
+      That first within thy halls
+    Imperial TRUTH and MERCY met,
+      And in that hallow'd hour
+    Gave earth the hope that Peace shall yet
+      Be dear to Kings as Power.
+    When France clasp'd England's hand of old
+      There memory marks the wane
+    Of iron times, the bad and bold;[45]
+    Oh, may our SECOND FIELD of GOLD
+    A portent still more fair unfold
+      Of Wisdom's widening reign!
+
+FOOTNOTES:
+
+[43] Almost all Blake's great battles were fought in the Channel. One of
+the most memorable was that off Portsmouth, February 1652.
+
+[44] The Princess Marie of Wurtemberg, the most accomplished child of
+this most accomplished family, and whose beautiful efforts in sculpture
+and painting are well known, died a year after her marriage, January 2,
+1839.
+
+[45] The meeting between Francis and Henry took place June 1520, the
+first great period of civilized progression in Europe--the era of
+Printing--of Columbus--and of the Reformation.
+
+
+
+
+LAMARTINE.
+
+
+It is remarkable, that although England is the country in the world
+which has sent forth the greatest number of ardent and intrepid
+travellers to explore the distant parts of the earth, yet it can by no
+means furnish an array of writers of travels which will bear a
+comparison with those whom France can boast. In skilful navigation,
+daring adventure, and heroic perseverance, indeed, the country of Cook
+and Davis, of Bruce and Park, of Mackenzie and Buckingham, of Burckhardt
+and Byron, of Parry and Franklin, may well claim the pre-eminence of all
+others in the world. An Englishman first circumnavigated the globe; an
+Englishman alone has seen the fountains of the Nile; and, five years
+after the ardent spirit of Columbus had led his fearful crews across the
+Atlantic, Sebastian Cabot discovered the shores of Newfoundland, and
+planted the British standard in the regions destined to be peopled with
+the overflowing multitudes of the Anglo-Saxon race.
+
+But if we come to the literary works which have followed these ardent
+and energetic efforts, and which are destined to perpetuate their memory
+to future times--the interesting discoveries which have so much extended
+our knowledge and enlarged our resources--the contemplation is by no
+means to an inhabitant of these islands equally satisfactory. The
+British traveller is essentially a man of energy and action, but rarely
+of contemplation or eloquence. He is seldom possessed of the scientific
+acquirements requisite to turn to the best account the vast stores of
+new and original information which are placed within his reach. He often
+observes and collects facts; but it is as a practical man, or for
+professional purposes, rather than as a philosopher. The genius of the
+Anglo-Saxon race--bold, sagacious, and enterprising, rather than
+contemplative and scientific--nowhere appears more strongly than in the
+accounts of the numerous and intrepid travellers whom they are
+continually sending forth into every part of the earth. We admire their
+vigour, we are moved by their hardships, we are enriched by their
+discoveries; but if we turn to our libraries for works to convey to
+future ages an adequate and interesting account of these fascinating
+adventures, we shall, in general, experience nothing but disappointment.
+Few of them are written with the practised hand, the graphic eye,
+necessary to convey vivid pictures to future times; and though numerous
+and valuable books of travels, as works of reference, load the shelves
+of our libraries, there are surprisingly few which are fitted, from the
+interest and vivacity of the style in which they are written, to possess
+permanent attractions for mankind.
+
+One great cause of this remarkable peculiarity is without doubt to be
+found in the widely different education of the students in our
+universities, and our practical men. In the former, classical
+attainments are in literature the chief, if not exclusive, objects of
+ambition; and in consequence, the young aspirants for fame who issue
+from these learned retreats, have their minds filled with the charms and
+associations of antiquity, to the almost entire exclusion of objects of
+present interest and importance. The vigorous practical men, again, who
+are propelled by the enterprise and exertions of our commercial towns,
+are sagacious and valuable observers; but they have seldom the
+cultivated minds, pictorial eye, or powers of description, requisite to
+convey vivid or interesting impressions to others. Thus our scholars
+give us little more than treatises on inscriptions, and disquisitions on
+the sites of ancient towns; while the accounts of our practical men are
+chiefly occupied with commercial enquiries, or subjects connected with
+trade and navigation. The cultivated and enlightened traveller, whose
+mind is alike open to the charm of ancient story and the interest of
+modern achievement--who is classical without being pedantic, graphic and
+yet faithful, enthusiastic and yet accurate, discursive and at the same
+time imaginative, is almost unknown amongst us. It will continue to be
+so as long as education in our universities is exclusively devoted to
+Greek and Latin verses or the higher mathematics; and in academies to
+book-keeping and the rule of three; while so broad and sullen a line as
+heretofore is drawn between the studies of our scholars and the pursuits
+of our practical citizens. To travel to good purpose, requires a mind
+stored with much and varied information, in science, statistics,
+geography, literature, history, and poetry. To describe what the
+traveller has seen, requires, in addition to this, the eye of a painter,
+the soul of a poet, and the hand of a practised composer. Probably it
+will be deemed no easy matter to find such a combination in any country
+or in any age; and most certainly the system of education, neither at
+our learned universities nor our commercial academies, is fitted to
+produce it.
+
+It is from inattention to the vast store of _previous_ information
+requisite to make an accomplished traveller, and still more a writer of
+interesting travels, that failures in this branch of literature are so
+glaring and so frequent. In other departments of knowledge, a certain
+degree of information is felt to be requisite before a man can presume
+to write a book. He cannot produce a treatise on mathematics without
+knowing at least Euclid, nor a work on history without having read Hume,
+nor on political economy without having acquired a smattering of Adam
+Smith. But in regard to travels, no previous information is thought to
+be requisite. If the person who sets out on a tour has only money in his
+pocket, and health to get to his journey's end, he is deemed
+sufficiently qualified to come out with his two or three post octavos.
+If he is an Honourable, or known at Almack's, so much the better; that
+will ensure the sale of the first edition. If he can do nothing else, he
+can at least tell the dishes which he got to dinner at the inns, and the
+hotels where comfortable beds are to be found. This valuable
+information, interspersed with a few descriptions of scenes, copied from
+guide-books, and anecdotes picked up at _tables-d'hôte_ or on board
+steamboats, constitute the stock in trade of many an adventurer who
+embarks in the speculation of paying by publication the expenses of his
+travels. We have no individuals in view in these remarks; we speak of
+things in general, as they are, or rather have been; for we believe
+these ephemeral travels, like other ephemerals, have had their day, and
+are fast dying out. The market has become so glutted with them that they
+are, in a great many instances, unsaleable.
+
+The classical travellers of England, from Addison to Eustace and Clarke,
+constitute an important and valuable body of writers in this branch of
+literature, infinitely superior to the fashionable tours which rise up
+and disappear like bubbles on the surface of society. It is impossible
+to read these elegant productions without feeling the mind overspread
+with the charm which arises from the exquisite remains and
+heart-stirring associations with which they are filled. But their
+interest is almost exclusively classical; they are invaluable to the
+accomplished scholar, but they speak in an unknown tongue to the great
+mass of men. They see nature only through the medium of antiquity:
+beautiful in their allusion to Greek or Roman remains, eloquent in the
+descriptions of scenes alluded to in the classical writers, they have
+dwelt little on the simple scenes of the unhistoric world. To the great
+moral and social questions which now agitate society, and so strongly
+move the hearts of the great body of men, they are entire strangers.
+Their works are the elegant companions of the scholar or the antiquary,
+not the heart-stirring friends of the cottage or the fireside.
+
+Inferior to Britain in the energy and achievements of the travellers
+whom she has sent forth, and beyond measure beneath her in the amount of
+the addition she has made to geographical science, France is yet greatly
+superior, at least of late years, in the literary and scientific
+attainments of the wanderers whose works have been given to the world.
+Four among these stand pre-eminent, whose works, in very different
+styles, are at the head of European literature in this interesting
+department--Humboldt, Chateaubriand, Michaud, and Lamartine. Their
+styles are so various, and the impression produced by reading them so
+distinct, that it is difficult to believe that they have arisen in the
+same nation and age of the world.
+
+Humboldt is, in many respects, and perhaps upon the whole, at the head
+of the list; and to his profound and varied works we hope to be able to
+devote a future paper. He unites, in a degree that perhaps has never
+before been witnessed, the most various qualities, and which, from the
+opposite characters of mind which they require, are rarely found in
+unison. A profound philosopher, an accurate observer of nature, an
+unwearied statist, he is at the same time an eloquent writer, an
+incomparable describer, and an ardent friend of social improvement.
+Science owes to his indefatigable industry many of her most valuable
+acquisitions; geography, to his intrepid perseverance, many of its most
+important discoveries; the arts, to his poetic eye and fervid eloquence,
+many of their brightest pictures. He unites the austere grandeur of the
+exact sciences to the bewitching charm of the fine arts. It is this very
+combination which prevents his works from being generally popular. The
+riches of his knowledge, the magnitude of his contributions to
+scientific discovery, the fervour of his descriptions of nature,
+alternately awaken our admiration and excite our surprise; but they
+oppress the mind. To be rightly apprehended, they require a reader in
+some degree familiar with all these subjects; and how many of these are
+to be met with? The man who takes an interest in his scientific
+observations will seldom be transported by his pictures of scenery; the
+social observer, who extracts the rich collection of facts which he has
+accumulated regarding the people whom he visited, will be indifferent to
+his geographical discoveries. There are few Humboldts either in the
+reading or thinking world.
+
+Chateaubriand is a traveller of a wholly different character--he lived
+entirely in antiquity. But it is not the antiquity of Greece and Rome
+which has alone fixed his regards, as it has done those of Clarke and
+Eustace--it is the recollections of chivalry, the devout spirit of the
+pilgrim, which chiefly warmed his ardent imagination. He is universally
+allowed by Frenchmen of all parties to be their first writer; and it may
+be conceived what brilliant works an author of such powers, and
+eminently gifted both with the soul of a poet and the eye of a painter,
+must have produced in describing the historic scenes to which his
+pilgrimages extended. He went to Greece and the Holy Land with a mind
+devout rather than enlightened, credulous rather than inquisitive.
+Thirsting for strong emotions, he would be satisfied; teeming with the
+recollections and visions of the past, he traversed the places hallowed
+by his early affections with the fondness of a lover who returns to the
+home of his bliss, of a mature man who revisits the scenes of his
+infancy. He cared not to enquire what was true or what was legendary in
+these time-hallowed traditions; he gladly accepted them as they stood,
+and studiously averted all enquiry into the foundation on which they
+rested. He wandered over the Peloponnesus or Judea with the fond ardour
+of an English scholar who seeks in the Palatine Mount the traces of
+Virgil's enchanting description of the hut of Evander, and rejects as
+sacrilege every attempt to shake his faith.
+
+    "When Science from Creation's face
+      Enchantment's visions draws,
+    What lovely visions yield their place
+      To cold material laws!"
+
+Even in the woods of America, the same ruling passion was evinced. In
+those pathless solitudes, where no human foot had ever trod but that of
+the wandering savage, and the majesty of nature appeared in undisturbed
+repose, his thoughts were still of the Old World. It was on the historic
+lands that his heart was set. A man himself, he dwelt on the scenes
+which had been signalized by the deeds, the sufferings, the glories of
+man.
+
+Michaud's mind is akin to that of Chateaubriand, and yet different in
+many important particulars. The learned and indefatigable historian of
+the Crusades, he has traversed the shores of the Mediterranean--the
+scene, as Dr Johnson observed, of all that can ever interest man--his
+religion, his knowledge, his arts--with the ardent desire to imprint on
+his mind the scenes and images which met the eyes of the holy warriors.
+He seeks to transport us to the days of Godfrey of Bouillon and Raymond
+of Toulouse; he thirsts with the Christian host at Dorislaus, he shares
+in its anxieties at the siege of Antioch, he participates in its
+exultation at the storming of Jerusalem. The scenes visited by the vast
+multitude of warriors who, during two hundred years, were precipitated
+from Europe on Asia, have almost all been visited by him, and described
+with the accuracy of an antiquary and the enthusiasm of a poet. With the
+old chronicles in his hand, he treads with veneration the scenes of
+former generous sacrifice and heroic achievements, and the vast and
+massy structures erected on either side during those terrible
+wars--when, for centuries, Europe strove hand to hand with Asia--most of
+which have undergone very little alteration, enable him to describe them
+almost exactly as they appeared to the holy warriors. The interest of
+his pilgrimage in the East, accordingly, is peculiar, but very great; it
+is not so much a book of travels as a moving chronicle; but, like Sir W.
+Scott's _Minstrelsy of the Borders_, it is a chronicle clothed in a very
+different garb from the homely dress of the olden time. It transports us
+back, not only in time but in idea, six hundred years; but it does so
+with the grace of modern times--it clothes the profound feelings, the
+generous sacrifices, the forgetfulness of self of the twelfth century,
+with the poetic mind, the cultivated taste, the refined imagery of the
+nineteenth.
+
+Lamartine has traversed the same scenes with Chateaubriand and Michaud,
+and yet he has done so in a different spirit; and the character of his
+work is essentially different from either. He has not the devout
+credulity of the first, nor the antiquarian zeal and knowledge of the
+last; but he is superior to either in the description of nature, and the
+painting vivid and interesting scenes on the mind of the reader. His
+work is a moving panorama, in which the historic scenes and azure skies,
+and placid seas and glowing sunsets, of the East, are portrayed in all
+their native brilliancy, and in richer even than their native colours.
+His mind is stored with the associations and the ideas of antiquity, and
+he has thrown over his descriptions of the scenes of Greece or Holy
+Writ, all the charms of such recollections; but he has done so in a more
+general and catholic spirit than either of his predecessors. He embarked
+for the Holy Land shortly before the Revolution of 1830; and his
+thoughts, amidst all the associations of antiquity, constantly reverted
+to the land of his fathers--its distractions, its woes, its ceaseless
+turmoil, its gloomy social prospects. Thus, with all his vivid
+imagination and unrivaled powers of description, the turn of his mind is
+essentially contemplative. He looks on the past as an emblem of the
+present; he sees, in the fall of Tyre and Athens and Jerusalem, the fate
+which one day awaits his own country; and mourns less the decay of human
+things, than the popular passions and national sins which have brought
+that instability in close proximity to his own times. This sensitive and
+foreboding disposition was much increased by the death of his
+daughter--a charming child of fourteen, the companion of his wanderings,
+the depositary of his thoughts, the darling of his affections--who was
+snatched away in the spring of life, when in health and joy, by one of
+the malignant fevers incident to the pestilential plains of the East.
+
+Though Lamartine's travels are continuous, he does not, like most other
+wanderers, furnish us with a journal of every day's proceedings. He was
+too well aware that many, perhaps most, days on a journey are monotonous
+or uninteresting; and that many of the details of a traveller's progress
+are wholly unworthy of being recorded, because they are neither amusing,
+elevating, nor instructive. He paints, now and then, with all the force
+of his magical pencil, the more brilliant or characteristic scenes which
+he visited, and intersperses them with reflections, moral and social;
+such as would naturally be aroused in a sensitive mind by the sight of
+the rains of ancient, and the contemplation of the decay of modern
+times.
+
+He embarked at Marseilles, with Madame Lamartine and his little daughter
+Julia, on the 10th July 1830. The following is the picture of the
+yearnings of his mind on leaving his native land; and they convey a
+faithful image of his intellectual temperament:--
+
+     "I feel it deeply: I am one only of those men, without a
+     distinctive character, of a transitory and fading epoch, whose
+     sighs have found an echo--only because the echo was more
+     poetical than the poet. I belong to another age by my desires:
+     I feel in myself another man: the immense and boundless horizon
+     of philosophy, at once profound, religious, and poetical, has
+     opened to my view, but the punishment of a wasted youth
+     overtook me; it soon faded from my sight. Adieu, then, to the
+     dreams of genius, to the aspirations of intellectual enjoyment!
+     It is too late: I have not physical strength to accomplish any
+     thing great. I will sketch some scenes--I will murmur some
+     strains, and that is all. Yet if God would grant my prayers,
+     here is the object for which I would petition--a poem, such as
+     my heart desires, and his greatness deserves!--a faithful,
+     breathing image of his creation: of the boundless world,
+     visible and invisible! That would indeed be a worthy
+     inheritance to leave to an era of darkness, of doubt, and of
+     sadness!--an inheritance which would nourish the present age,
+     and cause the next to spring with renovated youth."--(_Voyages
+     en Orient_, I. 49-60.[46])
+
+One of his first nocturnal reveries at sea, portrays the tender and
+profoundly religious impressions of his mind:--
+
+     "I walked for an hour on the deck of the vessel alone, and
+     immersed alternately in sad or consoling reflections. I
+     repeated in my heart all the prayers which I learned in infancy
+     from my mother: the verses, the fragments of the Psalms, which
+     I had so often heard her repeat to herself, when walking in the
+     evening in the garden of Melly. I experienced a melancholy
+     pleasure in thus scattering them, in my turn, to the waves, to
+     the winds, to that Ear which is ever open to every real
+     movement of the heart, though not yet uttered by the lips. The
+     prayer which we have heard repeated by one we have loved, and
+     who is no more, is doubly sacred. Who among us would not prefer
+     a few words of prayer taught us by our mother, to the most
+     eloquent supplication composed by ourselves? Thence it is that
+     whatever religious creed we may adopt at the age of reason, the
+     Christian prayer will be ever the prayer of the human race. I
+     prayed, in the prayer of the church for the evening at sea;
+     also for that dear being, who never thought of danger to
+     accompany her husband, and that lovely child, who played at the
+     moment on the poop with the goat which was to give it milk on
+     board, and with the little kids which licked her snow-white
+     hands, and sported with her long and fair ringlets."--(I. 57.)
+
+A night-scene on the coast of Provence gives a specimen of his
+descriptive powers.
+
+     "It was night--that is, what they call night in those climates;
+     but how many days have I seen less brilliant on the banks of
+     the Thames, the Seine, the Saone, or the Lake of Geneva! A full
+     noon shone in the firmament, and cast into the shade our
+     vessel, which lay motionless on the water at a little distance
+     from the quay. The moon, in her progress through the heavens,
+     had left a path marked as if with red sand, with which she had
+     besprinkled the half of the sky: the remainder was clear deep
+     blue, which melted into white as she advanced. On the horizon,
+     at the distance of two miles, between two little isles, of
+     which the one had headlands pointed and coloured like the
+     Coliseum at Rome, while the other was violet like the flower of
+     the lilac, the image of a vast city appeared on the sea. It was
+     an illusion, doubtless; but it had all the appearance of
+     reality. You saw clearly the domes glancing--dazzling lines of
+     palaces--quays flooded by a soft and serene light; on the right
+     and the left the waves were seen to sparkle and enclose it on
+     either side: it was Venice or Malta reposing in the midst of
+     the waters. The illusion was produced by the reflection of the
+     moon, when her rays fell perpendicularly on the waters; nearer
+     the eye, the radiance spread and expanded in a stream of gold
+     and silver between two shores of azure. On the left, the gulf
+     extended to the summit of a long and obscure range of serrated
+     mountains; on the right opened a narrow and deep valley, where
+     a fountain gushed forth beneath the shade of aged trees;
+     behind, rose a hill, clothed to the top with olives, which in
+     the night appeared dark, from its summit to its base--a line of
+     Gothic towers and white houses broke the obscurity of the wood,
+     and drew the thoughts to the abodes, the joys, and the
+     sufferings of man. Further off, in the extremity of the gulf,
+     three enormous rocks rose, like pillars without base, from the
+     surface of the waters--their forms were fantastic, their
+     surface polished like flints by the action of the waves; but
+     those flints were mountains--the remains, doubtless, of that
+     primeval ocean which once overspread the earth, and of which
+     our seas are but a feeble image."--(II. 66.)
+
+A rocky bay on the same romantic coast, now rendered accessible to
+travellers by the magnificent road of the Corniché, projected, and in
+part executed by Napoleon, furnishes another subject for this exquisite
+pencil:--
+
+     "A mile to the eastward on the coast, the mountains, which
+     there dip into the sea, are broken as if by the strokes of
+     enormous clubs--huge fragments have fallen, and are strewed in
+     wild confusion at the foot of the cliffs, or amidst the blue
+     and green waves of the sea, which incessantly laves them. The
+     waves break on these huge masses without intermission, with a
+     hollow and alternating roar, or rise up in sheets of foam,
+     which besprinkle their hoary fronts. These masses of
+     mountains--for they are too large to be called rocks--are piled
+     and heaped together in such numbers, that they form an
+     innumerable number of narrow havens, of profound caverns, of
+     sounding grottoes, of gloomy fissures--of which the children of
+     some of the neighbouring fishermen alone know the windings and
+     the issues. One of these caverns, into which you enter by a
+     natural arch, the summit of which is formed by an enormous
+     block of granite, lets in the sea, through which it flows into
+     a dark and narrow valley, which the waters fill entirely, with
+     a surface as limpid and smooth as the firmament which they
+     reflect. The sea preserves in this sequestered nook that
+     beautiful tint of bright green, of which marine painters so
+     strongly feel the value, but which they can never transfer
+     exactly to their canvass; for the eye sees much which the hand
+     strives in vain to imitate.
+
+     "On the two sides of that marine valley rise two prodigious
+     walls of perpendicular rock, of an uniform and sombre hue,
+     similar to that of iron ore, after it has issued and cooled
+     from the furnace. Not a plant, not a moss can find a slope or a
+     crevice wherein to insert its roots, or cover the rocks with
+     those waving garlands which so often in Savoy clothe the
+     cliffs, where they flower to God alone. Black, naked,
+     perpendicular, repelling the eye by their awful aspect--they
+     seem to have been placed there for no other purpose but to
+     protect from the sea-breezes the hills of olives and vines,
+     which bloom under their shelter; an image of those ruling men
+     in a stormy epoch, who seem placed by Providence to bear the
+     fury of all the tempests of passion and of time, to screen the
+     weaker but happier race of mortals. At the bottom of the bay
+     the sea expands a little, assumes a bluer tint as it comes to
+     reflect more of the cloudless heavens, and at length its tiny
+     waves die away on a bed of violets, as closely netted together
+     as the sand upon the shore. If you disembark from the boat, you
+     find in the cleft of a neighbouring ravine a fountain of living
+     water, which gushes beneath a narrow path formed by the goats,
+     which leads up from this sequestered solitude, amidst
+     overshadowing fig-trees and oleanders, to the cultivated abodes
+     of man. Few scenes struck me so much in my long wanderings. Its
+     charm consists in that exquisite union of force and grace,
+     which forms the perfection of natural beauty as of the highest
+     class of intellectual beings; it is that mysterious hymen of
+     the land and the sea, surprised, as it were, in their most
+     secret and hidden union. It is the image of perfect calm and
+     inaccessible solitude, close to the theatre of tumultuous
+     tempests, where their near roar is heard with such terror,
+     where their foaming but lessened waves yet break upon the
+     shore. It is one of those numerous _chefs-d'oeuvre_ of
+     creation which God has scattered over the earth, as if to sport
+     with contrasts, but which he conceals so frequently on the
+     summit of naked rocks, in the depth of inaccessible ravines, on
+     the unapproachable shores of the ocean, like jewels which he
+     unveils rarely, and that only to simple beings, to children, to
+     shepherds or fishermen, or the devout worshippers of
+     nature."--(I. 73--74.)
+
+This style of description of scenery is peculiar to this age, and in it
+Lamartine may safely be pronounced without a rival in the whole range of
+literature. It was with Scott and Chateaubriand that the _graphic_
+style of description arose in England and France; but he has pushed the
+art further than either of his great predecessors. Milton and Thompson
+had long ago indeed, in poetry, painted nature in the most enchanting,
+as well as the truest colours; but in prose little was to be found
+except a general and vague description of a class of objects, as lakes,
+mountains, and rivers, without any specification of features and
+details, so as to convey a definite and distinct impression to the mind
+of the reader. Even the classical mind and refined taste of Addison
+could not attain this graphic style; his descriptions of scenery, like
+that of all prose writers down to the close of the eighteenth century,
+are lost in vague generalities. Like almost all descriptions of battles
+in modern times, they are so like each other that you cannot distinguish
+one from the other. Scott and Chateaubriand, when they did apply their
+great powers to the delineation of nature, were incomparably faithful,
+as well as powerfully imaginative; but such descriptions were, for the
+most part, but a secondary object with them. The human heart was their
+great study; the vicissitudes of life the inexhaustible theme of their
+genius. With Lamartine, again, the description of nature is the primary
+object. It is to convey a vivid impression of the scenes he has visited
+that he has written; to kindle in his reader's mind the train of emotion
+and association which their contemplation awakened in his own, that he
+has exerted all his powers. He is much more laboured and minute, in
+consequence, than either of his predecessors; he records the tints, the
+forms, the lights, the transient effects, with all a painter's
+enthusiasm and all a poet's power; and succeeds, in any mind at all
+familiar with the objects of nature, in conjuring up images as vivid,
+sometimes perhaps more beautiful, than the originals which he portrayed.
+
+From the greatness of his powers, however, in this respect, and the
+facility with which he commits to paper the whole features of the
+splendid phantasmagoria with which his memory is stored, arises the
+principal defect of his work; and the circumstance which has hitherto
+prevented it, in this country at least, from acquiring general
+popularity commensurate to its transcendent merits. He is too rich in
+glowing images; his descriptions are redundant in number and beauty. The
+mind even of the most imaginative reader is fatigued by the constant
+drain upon its admiration--the fancy is exhausted in the perpetual
+effort to conceive the scenes which he portrays to the eye. Images of
+beauty enough are to be found in his four volumes of _Travels in the
+East_, to emblazon, with the brightest colours of the rainbow, forty
+volumes of ordinary adventure. We long for some repose amidst the
+constant repetition of dazzling objects; monotony, insipidity, ordinary
+life, even dulness itself, would often be a relief amidst the ceaseless
+flow of rousing images. Sir Walter Scott says, in one of his novels--"Be
+assured that whenever I am particularly dull, it is not without an
+object;" and Lamartine would sometimes be the better of following the
+advice. We generally close one of his volumes with the feeling so well
+known to travellers in the Italian cities, "I hope to God there is
+nothing more to be seen here." And having given the necessary respite of
+unexciting disquisition to rest our readers' minds, we shall again bring
+forward one of his glowing pictures:--
+
+     "Between the sea and the last heights of Lebanon, which sink
+     rapidly almost to the water's edge, extends a plain eight
+     leagues in length by one or two broad; sandy, bare, covered
+     only with thorny arbutus, browsed by the camels of caravans.
+     From it darts out into the sea an advanced peninsula, linked to
+     the continent only by a narrow _chaussée_ of shining sand,
+     borne hither by the winds of Egypt. Tyre, now called Sour by
+     the Arabs, is situated at the extremity of this peninsula, and
+     seems, at a distance, to rise out of the waves. The modern
+     town, at first sight, has a gay and smiling appearance; but a
+     nearer approach dispels the illusion, and exhibits only a few
+     hundred crumbling and half-deserted houses, where the Arabs, in
+     the evening, assemble to shelter their flocks which have
+     browsed in the narrow plain. Such is all that now remains of
+     the mighty Tyre. It has neither a harbour to the sea, nor a
+     road to the land; the prophecies have long been accomplished in
+     regard to it.
+
+     "We moved on in silence, buried in the contemplation of the
+     dust of an empire which we trod. We followed a path in the
+     middle of the plain of Tyre, between the town and the hills of
+     grey and naked rock which Lebanon has thrown down towards the
+     sea. We arrived abreast of the city, and touched a mound of
+     sand which appears the sole remaining rampart to prevent it
+     from being overwhelmed by the waves of the ocean or the desert.
+     I thought of the prophecies, and called to mind some of the
+     eloquent denunciations of Ezekiel. As I was making these
+     reflections, some objects, black, gigantic, and motionless,
+     appeared upon the summit of one of the overhanging cliffs of
+     Lebanon, which there advanced far into the plain. They
+     resembled five black statues, placed on a rock as their huge
+     pedestal. At first we thought it was five Bedouins, who were
+     there stationed to fire upon us from their inaccessible
+     heights; but when we were at the distance of fifty yards, we
+     beheld one of them open its enormous wings, and flap them
+     against its sides with a sound like the unfurling of a sail. We
+     then perceived that they were five eagles of the largest
+     species I have ever seen, either in the Alps or our museums.
+     They made no attempt to move when we approached; they seemed to
+     regard themselves as kings of the desert, looked on Tyre as an
+     appanage which belonged to them, and whither they were about to
+     return. Nothing more supernatural ever met my eyes; I could
+     almost suppose that behind them I saw the terrible figure of
+     Ezekiel, the poet of vengeance, pointing to the devoted city
+     which the divine wrath had overwhelmed with destruction. The
+     discharge of a few muskets made them rise from their rock: but
+     they showed no disposition to move from their ominous perch,
+     and, soon returning, floated over our heads, regardless of the
+     shots fired at them, as if the eagles of God were beyond the
+     reach of human injury."--(II. 8-9.)
+
+Jerusalem was a subject to awaken all our author's enthusiasm, and call
+forth all his descriptive powers. The first approach to it has exercised
+the talents of many writers in prose and verse; but none has drawn it in
+such graphic and brilliant colours as our author:--
+
+     "We ascended a mountain ridge, strewed over with enormous grey
+     rocks, piled one on another as if by human hands. Here and
+     there a few stunted vines, yellow with the colour of autumn,
+     crept along the soil in a few places cleared out in the
+     wilderness. Fig-trees, with their tops withered or shivered by
+     the blasts, often edged the vines, and cast their black fruit
+     on the grey rock. On our right, the desert of St John, where
+     formerly 'the voice was heard crying in the wilderness,' sank
+     like an abyss in the midst of five or six black mountains,
+     through the openings of which, the sea of Egypt, overspread
+     with a dark cloud, could still be discerned. On the left, and
+     near the eye, was an old tower, placed on the top of a
+     projecting eminence; other ruins, apparently of an ancient
+     aqueduct, descended from that tower, overgrown with verdure,
+     now in the sear leaf; that tower is Modin, the stronghold and
+     tomb of the last heroes of sacred story, the Maccabees. We left
+     behind us the ruins, resplendent with the first rays of the
+     morning--rays, not blended as in Europe in a confused and vague
+     illumination, but darting like arrows of fire tinted with
+     various colours, issuing from a dazzling centre, and diverging
+     over the whole heavens as they expand. Some were of blue,
+     slightly silvered, others of pure white, some of tender
+     rose-hue, melting into grey; many of burning fire, like the
+     coruscations of a flaming conflagration. All were distinct, yet
+     all united in one harmonious whole, forming a resplendent arch
+     in the heavens, encircling, and issuing from a centre of fire.
+     In proportion as the day advanced, the brilliant light of these
+     separate rays was gradually dimmed--or rather, they were
+     blended together, and composed the colourless light of day.
+     Then the moon, which still shone overhead, 'paled her
+     ineffectual fire,' and melted away in the general illumination
+     of the heavens.
+
+     "After having ascended a second ridge, more lofty and naked
+     than the former, the horizon suddenly opens to the right, and
+     presents a view of all the country which extends between the
+     last summits of Judea and the mountains of Arabia. It was
+     already flooded with the increasing light of the morning; but
+     beyond the piles of grey rock which lay in the foreground,
+     nothing was distinctly visible but a dazzling space, like a
+     vast sea, interspersed with a few islands of shade, which stood
+     forth in the brilliant surface. On the shores of that imaginary
+     ocean, a little to the left, and about a league distant, the
+     sun shone with uncommon brilliancy on a massy tower, a lofty
+     minaret, and some edifices, which crowned the summit of a low
+     hill of which you could not see the bottom. Soon the points of
+     other minarets, a few loopholed walls, and the dark summits of
+     several domes, which successively came into view, and fringed
+     the descending slope of the hill, announced a city. It was
+     JERUSALEM, and every one of the party, without addressing a
+     word to the guides or to each other, enjoyed in silence the
+     entrancing spectacle. We rested our horses to contemplate that
+     mysterious and dazzling apparition; but when we moved on, it
+     was soon snatched from our view; for as we descended the hill,
+     and plunged into the deep and profound valley which lay at its
+     feet, we lost sight of the holy city, and were surrounded only
+     by the solitude and desolation of the desert."--(II. 163-165.)
+
+The environs of Jerusalem are described with equal force by the same
+master-hand:--
+
+     "The general aspect of the environs of Jerusalem may be
+     described in a few words. Mountains without shade, and valleys
+     without water--the earth without verdure, rocks without
+     grandeur. Here and there a few blocks of grey stone start up
+     out of the dry and fissured earth, between which, beneath the
+     shade of an old fig-tree, a gazelle or a hyĉna are occasionally
+     seen to emerge from the fissures of the rock. A few plants or
+     vines creep over the surface of that grey and parched soil; in
+     the distance, is occasionally seen a grove of olive-trees,
+     casting a shade over the arid side of the mountain--the
+     mouldering walls and towers of the city appearing from afar on
+     the summit of Mount Sion. Such is the general character of the
+     country. The sky is ever pure, bright, and cloudless; never
+     does even the slightest film of mist obscure the purple tint of
+     evening and morning. On the side of Arabia, a wide gulf opens
+     amidst the black ridges, and presents a vista of the shining
+     surface of the Dead Sea, and the violet summits of the
+     mountains of Moab. Rarely is a breath of air heard to murmur,
+     in the fissures of the rocks, or among the branches of the aged
+     olives; not a bird sings, nor an insect chirps in the waterless
+     furrows. Silence reigns universally, in the city, in the roads,
+     in the fields. Such was Jerusalem during all the time that we
+     spent within its walls. Not a sound ever met our ears, but the
+     neighing of the horses, who grew impatient under the burning
+     rays of the sun, or who furrowed the earth with their feet, as
+     they stood picketed round our camp, mingled occasionally with
+     the crying of the hour from the minarets, or the mournful
+     cadences of the Turks as they accompanied the dead to their
+     cemeteries. Jerusalem, to which the world hastens to visit a
+     sepulchre, is itself a vast tomb of a people; but it is a tomb
+     without cypresses, without inscriptions, without monuments, of
+     which they have broken the gravestones, and the ashes of which
+     appear to cover the earth which surrounds it with mourning,
+     silence, and sterility. We cast our eyes back frequently from
+     the top of every hill which we passed on this mournful and
+     desolate region, and at length we saw for the last time, the
+     crown of olives which surmounts the Mount of the same name, and
+     which long rises above the horizon after you have lost sight of
+     the town itself. At length it also sank beneath the rocky
+     screen, and disappeared like the chaplets of flowers which we
+     throw on a sepulchre."--(II. 275-276.)
+
+From Jerusalem he made an expedition to Balbec in the desert, which
+produced the same impression upon him that it does upon all other
+travellers:--
+
+     "We rose with the sun, the first rays of which struck on the
+     temples of Balbec, and gave to those mysterious ruins that
+     _eclât_ which his brilliant light throws ever over ruins which
+     it illuminates. Soon we arrived, on the northern side, at the
+     foot of the gigantic walls which surround those beautiful
+     remains. A clear stream, flowing over a bed of granite,
+     murmured around the enormous blocks of stone, fallen from the
+     top of the wall which obstructed its course. Beautiful
+     sculptures were half concealed in the limpid stream. We passed
+     the rivulet by an arch formed by these fallen remains, and
+     mounting a narrow breach, were soon lost in admiration of the
+     scene which surrounded us. At every step a fresh exclamation of
+     surprise broke from our lips. Every one of the stones of which
+     that wall was composed was from eight to ten feet in length, by
+     five or six in breadth, and as much in height. They rest,
+     without cement, one upon the other, and almost all bear the
+     mark of Indian or Egyptian sculpture. At a single glance, you
+     see that these enormous stones are not placed in their original
+     site--that they are the precious remains of temples of still
+     more remote antiquity, which were made use of to encircle this
+     colony of Grecian and Roman citizens.
+
+     "When we reached the summit of the breach, our eyes knew not to
+     what object first to turn. On all sides were gates of marble of
+     prodigious height and magnitude; windows, or niches, fringed
+     with the richest friezes; fallen pieces of cornices, of
+     entablatures, or capitals, thick as the dust beneath our feet;
+     magnificent vaulted roofs above our heads; every where a chaos
+     of confused beauty, the remains of which lay scattered about,
+     or piled on each other in endless variety. So prodigious was
+     the accumulation of architectural remains, that it defies all
+     attempt at classification, or conjecture of the kind of
+     buildings to which the greater part of them had belonged. After
+     passing through this scene of ruined magnificence, we reached
+     an inner wall, which we also ascended; and from its summit the
+     view of the interior was yet more splendid. Of much greater
+     extent, far more richly decorated than the outer circle, it
+     presented an immense platform in the form of a long rectangle,
+     the level surface of which was frequently broken by the remains
+     of still more elevated pavements, on which temples to the sun,
+     the object of adoration at Balbec, had been erected. All around
+     that platform were a series of lesser temples--or chapels, as
+     we should call them--decorated with niches, admirably engraved,
+     and loaded with sculptured ornaments to a degree that appeared
+     excessive to those who had seen the severe simplicity of the
+     Parthenon or the Coliseum. But how prodigious the accumulation
+     of architectural riches in the middle of an eastern desert!
+     Combine in imagination the Temple of Jupiter Stator and the
+     Coliseum at Rome, of Jupiter Olympius and the Acropolis at
+     Athens, and you will yet fall short of that marvellous
+     assemblage of admirable edifices and sculptures. Many of the
+     temples rest on columns seventy feet in height, and seven feet
+     in diameter, yet composed only of two or three blocks of stone,
+     so perfectly joined together that to this day you can barely
+     discern the lines of their junction. Silence is the only
+     language which befits man when words are inadequate to convey
+     his impressions. We remained mute with admiration, gazing on
+     the eternal ruins.
+
+     "The shades of night overtook us while we yet rested in
+     amazement at the scene by which we were surrounded. One by one
+     they enveloped the columns in their obscurity, and added a
+     mystery the more to that magical and mysterious work of time
+     and man. We appeared, as compared with the gigantic mass and
+     long duration of these monuments, as the swallows which nestle
+     a season in the crevices of the capitals, without knowing by
+     whom, or for whom, they have been constructed. The thoughts,
+     the wishes, which moved these masses, are to us unknown. The
+     dust of marble which we tread beneath our feet knows more of it
+     than we do, but it cannot tell us what it has seen; and in a
+     few ages the generations which shall come in their turn to
+     visit our monuments, will ask, in like manner, wherefore we
+     have built and engraved. The works of man survive his thought.
+     Movement is the law of the human mind; the definite is the
+     dream of his pride and his ignorance. God is a limit which
+     appears ever to recede as humanity approaches him: we are ever
+     advancing, and never arrive. This great Divine Figure which man
+     from his infancy is ever striving to reach, and to imprison in
+     his structures raised by hands, for ever enlarges and expands;
+     it outsteps the narrow limits of temples, and leaves the altars
+     to crumble into dust; and calls man to seek for it where alone
+     it resides--in thought, in intelligence, in virtue, in nature,
+     in infinity."--(II. 39, 46, 47.)
+
+This passage conveys an idea of the peculiar style, and perhaps unique
+charm, of Lamartine's work. It is the mixture of vivid painting with
+moral reflection--of nature with sentiment--of sensibility to beauty,
+with gratitude to its Author, which constitutes its great attraction.
+Considering in what spirit the French Revolution was cradled, and from
+what infidelity it arose, it is consoling to see such sentiments
+conceived and published among them. True they are not the sentiments of
+the majority, at least in towns; but what then? The majority is ever
+guided by the thoughts of the great, not in its own but a preceding age.
+It is the opinions of the great among our grandfathers that govern the
+majority at this time; our great men will guide our grandsons. If we
+would foresee what a future age is to think, we must observe what a few
+great men are now thinking. Voltaire and Rousseau have ruled France for
+two generations; the day of Chateaubriand and Guizot and Lamartine will
+come in due time.
+
+But the extraordinary magnitude of these ruins in the middle of an
+Asiatic wilderness, suggests another consideration. We are perpetually
+speaking of the march of intellect, the vast spread of intelligence, the
+advancing civilization of the world; and in some respects our boasts are
+well founded. Certainly, in one particular, society has made a mighty
+step in advance. The abolition of domestic slavery has emancipated the
+millions who formerly toiled in bondage; the art of printing has
+multiplied an hundredfold the reading and thinking world. Our
+opportunities, therefore, have been prodigiously enlarged; our means of
+elevation are tenfold what they were in ancient times. But has our
+elevation itself kept pace with these enlarged means? Has the increased
+direction of the popular mind to lofty and spiritual objects, the more
+complete subjugation of sense, the enlarged perception of the useful and
+the beautiful, been in proportion to the extended facilities given to
+the great body of the people? Alas! the fact is just the reverse. Balbec
+was a mere station in the desert, without territory, harbour, or
+subjects--maintained solely by the commerce of the East with Europe
+which flowed through its walls. Yet Balbec raised, in less than a
+century, a more glorious pile of structures devoted to religious and
+lofty objects, than London, Paris, and St Petersburg united can now
+boast. The Decapolis was a small and remote mountain district of
+Palestine, not larger in proportion to the Roman than Morayshire is in
+proportion to the British empire; yet it contained, as its name
+indicates, and as their remains still attest, _ten cities_, the least
+considerable of which, Gebora, contains, as Buckingham tells us in his
+_Travels beyond the Jordan_, the ruins of more sumptuous edifices than
+any city in the British islands, London itself not excepted, can now
+boast. It was the same all over the East, and in all the southern
+provinces of the Roman empire. Whence has arisen this astonishing
+disproportion between the great things done by the citizens in ancient
+and in modern times, when in the latter the means of enlarged
+cultivation have been so immeasurably extended? It is in vain to say, it
+is because we have more social and domestic happiness, and our wealth is
+devoted to these objects, not external embellishment. Social and
+domestic happiness are in the direct, not in the inverse ratio of
+general refinement and the spread of intellectual intelligence. The
+domestic duties are better nourished in the temple than in the gin-shop;
+the admirers of sculpture will make better fathers and husbands than the
+lovers of whisky. Is it that we want funds for such undertakings? Why,
+London is richer than ever Rome was; the commerce of the world, not of
+the eastern caravans, flows through its bosom. The sums annually
+squandered in Manchester and Glasgow on intoxicating liquors, would soon
+make them rival the eternal structures of Tadmor and Palmyra. Is it that
+the great bulk of our people are unavoidably chained by their character
+and climate to gross and degrading enjoyments? Is it that the spreading
+of knowledge, intelligence, and free institutions, only confirms the
+sway of sensual gratification, and that a pure and spiritual religion
+tends only to strengthen the fetters of passion and selfishness? Is it
+that the inherent depravity of the human heart appears the more clearly
+as man is emancipated from the fetters of authority? Must we go back to
+early ages for noble and elevated motives of action: is the spread of
+freedom but another word for the extension of brutality? God forbid that
+so melancholy a doctrine should have any foundation in human nature! We
+mention the facts, and leave it to future ages to discover their
+solution: contenting ourselves with pointing out to our self-applauding
+countrymen how much they have to do before they attain the level of
+their advantages, or justify the boundless blessings which Providence
+has bestowed upon them.
+
+The plain of Troy, seen by moonlight, furnishes the subject of one of
+our author's most striking passages:--
+
+     "It is midnight; the sea is calm as a mirror; the vessel floats
+     motionless on the resplendent surface. On our left, Tenedos
+     rises above the waves, and shuts out the view of the open sea:
+     on our right, and close to us, stretched out like a dark bar,
+     the low shore and indented coasts of Troy. The full moon, which
+     rises behind the snow-streaked summit of Mount Ida, sheds a
+     serene and doubtful light over the summits of the mountains,
+     the hills, the plain: its extending rays fall upon the sea, and
+     reach the shadow of our brig, forming a bright path which the
+     shades do not venture to approach. We can discern the _tumuli_,
+     which tradition still marks as the tombs of Hector and
+     Patroclus. The full moon, slightly tinged with red, which
+     discloses the undulations of the hills, resembles the bloody
+     buckler of Achilles; no light is to be seen on the coast, but a
+     distant twinkling, lighted by the shepherds on Mount Ida--not a
+     sound is to be heard but the flapping of the sail on the mast,
+     and the slight creaking of the mast itself; all seems dead like
+     the past in that deserted land. Seated on the forecastle, I see
+     that shore, those mountains, those ruins, those tombs, rise
+     like the ghost of the departed world, reappear from the bosom
+     of the sea with shadowy form, by the rays of the star of night,
+     which sleep on the hills, and disappear as the moon recedes
+     behind the summits of the mountains. It is a beautiful
+     additional page in the poems of Homer, the end of all history
+     and of all poetry! Unknown tombs, ruins without a certain name;
+     the earth naked and dark, but imperfectly lighted by the
+     immortal luminaries; new spectators passing by the old coast,
+     and repeating for the thousandth time the common epitaph of
+     mortality! Here lies an empire, here a town, here a people,
+     here a hero! God alone is great, and the thought which seeks
+     and adores him alone is imperishable upon earth. I feel no
+     desire to make a nearer approach in daylight to the doubtful
+     remains of the ruins of Troy. I prefer that nocturnal
+     apparition, which allows the thought to re-people those
+     deserts, and sheds over them only the distant light of the moon
+     and of the poetry of Homer. And what concerns me Troy, its
+     heroes, and its gods! That leaf of the heroic world is turned
+     for ever!"--(II. 248-250.)
+
+What a magnificent testimonial to the genius of Homer, written in a
+foreign tongue, two thousand seven hundred years after his death!
+
+The Dardanelles and the Bosphorus have, from the dawn of letters,
+exercised the descriptive talents of the greatest historians of modern
+Europe. The truthful chronicle of Villehardouin, and the eloquent
+pictures of Gibbon and Sismondi of the siege of Constantinople, will
+immediately occur to every scholar. The following passage, however, will
+show that no subject can be worn out when it is handled by the pen of
+genius:--
+
+     "It was five in the morning, I was standing on deck; we made
+     sail towards the mouth of the Bosphorus, skirting the walls of
+     Constantinople. After half an hour's navigation through ships
+     at anchor, we touched the walls of the seraglio, which prolongs
+     those of the city, and form, at the extremity of the hill which
+     supports the proud Stamboul, the angle which separates the sea
+     of Marmora from the canal of the Bosphorus, and the harbour of
+     the Golden Horn. It is there that God and man, nature and art,
+     have combined to form the most marvellous spectacle which the
+     human eye can behold. I uttered an involuntary cry when the
+     magnificent panorama opened upon my sight; I forgot for ever
+     the bay of Naples and all its enchantments; to compare any
+     thing to that marvellous and graceful combination would be an
+     injury to the fairest work of creation.
+
+     "The walls which support the circular terraces of the immense
+     gardens of the seraglio were on our left, with their base
+     perpetually washed by the waters of the Bosphorus, blue and
+     limpid as the Rhone at Geneva; the terraces which rise one
+     above another to the palace of the Sultana, the gilded cupolas
+     of which rose above the gigantic summits of the plane-tree and
+     the cypress, were themselves clothed with enormous trees, the
+     trunks of which overhang the walls, while their branches,
+     overspreading the gardens, spread a deep shadow even far into
+     the sea, beneath the protection of which the panting rowers
+     repose from their toil. These stately groups of trees are from
+     time to time interrupted by palaces, pavilions, kiosks, gilded
+     and sculptured domes, or batteries of cannon. These maritime
+     palaces form part of the seraglio. You see occasionally through
+     the muslin curtains the gilded roofs and sumptuous cornices of
+     those abodes of beauty. At every step, elegant Moorish
+     fountains fall from the higher parts of the gardens, and murmur
+     in marble basins, from whence, before reaching the sea, they
+     are conducted in little cascades to refresh the passengers. As
+     the vessel coasted the walls, the prospect expanded--the coast
+     of Asia appeared, and the mouth of the Bosphorus, properly so
+     called, began to open between hills, on one side of dark green,
+     on the other of smiling verdure, which seemed variegated by all
+     the colours of the rainbow. The smiling shores of Asia, distant
+     about a mile, stretched out to our right, surmounted by lofty
+     hills, sharp at the top, and clothed to the summit with dark
+     forests, with their sides varied by hedge-rows, villas,
+     orchards, and gardens. Deep precipitous ravines occasionally
+     descended on this side into the sea, overshadowed by huge
+     overgrown oaks, the branches of which dipped into the water.
+     Further on still, on the Asiatic side, an advanced headland
+     projected into the waves, covered with white houses--it was
+     Scutari, with its vast white barracks, its resplendent mosques,
+     its animated quays, forming a vast city. Further still, the
+     Bosphorus, like a deeply imbedded river, opened between
+     opposing mountains--the advancing promontories and receding
+     bays of which, clothed to the water's edge with forests,
+     exhibited a confused assemblage of masts of vessels, shady
+     groves, noble palaces, hanging gardens, and tranquil havens.
+
+     "The harbour of Constantinople is not, properly speaking, a
+     port. It is rather a great river like the Thames, shut in on
+     either side by hills covered with houses, and covered by
+     innumerable lines of ships lying at anchor along the quays.
+     Vessels of every description are to be seen there, from the
+     Arabian bark, the prow of which is raised, and darts along like
+     the ancient galleys, to the ship of the line, with three decks,
+     and its sides studded with brazen mouths. Multitudes of Turkish
+     barks circulate through that forest of masts, serving the
+     purpose of carriages in that maritime city, and disturb in
+     their swift progress through the waves, clouds of alabastros,
+     which, like beautiful white pigeons, rise from the sea on their
+     approach, to descend and repose again on the unruffled surface.
+     It is impossible to count the vessels which lie on the water
+     from the seraglio point to the suburb of Eyoub and the
+     delicious valley of the Sweet Waters. The Thames at London
+     exhibits nothing comparable to it."--(II. 262-265.)
+
+     "Beautiful as the European side of the Bosphorus is, the
+     Asiatic is infinitely more striking. It owes nothing to man,
+     but every thing to nature. There is neither a Buyukdéré nor a
+     Therapia, nor palaces of ambassadors, nor an Armenian nor Frank
+     city; there is nothing but mountains with glens which separate
+     them; little valleys enameled with green, which lie at the foot
+     of overhanging rocks; torrents which enliven the scene with
+     their foam; forests which darken it by their shade, or dip
+     their boughs in the waves; a variety of forms, of tints, and of
+     foliage, which the pencil of the painter is alike unable to
+     represent or the pen of the poet to describe. A few cottages
+     perched on the summit of projecting rocks, or sheltered in the
+     bosom of a deeply indented bay, alone tell you of the presence
+     of man. The evergreen oaks hang in such masses over the waves
+     that the boatmen glide under their branches, and often sleep
+     cradled in their arms. Such is the character of the coast on
+     the Asiatic side as far as the castle of Mahomet II., which
+     seems to shut it in as closely as any Swiss lake. Beyond that,
+     the character changes; the hills are less rugged, and descend
+     in gentler slopes to the water's edge; charming little plains,
+     checkered with fruit-trees and shaded by planes, frequently
+     open; and the delicious Sweet Waters of Asia exhibit a scene of
+     enchantment equal to any described in the Arabian Nights.
+     Women, children, and black slaves in every variety of costume
+     and colour; veiled ladies from Constantinople; cattle and
+     buffaloes ruminating in the pastures; Arab horses clothed in
+     the most sumptuous trappings of velvet and gold; caïques filled
+     with Armenian and Circassian young women, seated under the
+     shade or playing with their children, some of the most
+     ravishing beauty, form a scene of variety and interest probably
+     unique in the world." (III. 331-332.)
+
+These are the details of the piece: here is the general impression:--
+
+     "One evening, by the light of a splendid moon, which was
+     reflected from the sea of Marmora, and the violet summits of
+     Mount Olympus, I sat alone under the cypresses of the 'Ladders
+     of the Dead;' those cypresses which overshadow innumerable
+     tombs of Mussulmans, and descend from the heights of Pera to
+     the shores of the sea. No one ever passes at that hour: you
+     would suppose yourself an hundred miles from the capital, if a
+     confused hum, wafted by the wind, was not occasionally heard,
+     which speedily died away among the branches of the cypress.
+     These sounds weakened by distance; the songs of the sailors in
+     the vessels; the stroke of the oars in the water; the drums of
+     the military bands in the barracks; the songs of the women who
+     lulled their children to sleep; the cries of the muetzlim, who,
+     from the summits of the minarets, called the faithful to
+     evening prayers; the evening gun which boomed across the
+     Bosphorus, the signal of repose to the fleet--all these sounds
+     combined to form one confused murmur, which strangely
+     contrasted with the perfect silence around me, and produced the
+     deepest impression. The seraglio, with its vast peninsula, dark
+     with plane-trees and cypresses, stood forth like a promontory
+     of forests between the two seas which slept beneath my eyes.
+     The moon shone on the numerous kiosks; and the old walls of the
+     palace of Amurath stood forth like huge rocks from the obscure
+     gloom of the plane-trees. Before me was the scene, in my mind
+     was the recollection, of all the glorious and sinister events
+     which had there taken place. The impression was the strongest,
+     the most overwhelming, which a sensitive mind could receive.
+     All was there mingled--man and God, society and nature, mental
+     agitation, the melancholy repose of thought. I know not whether
+     I participated in the great movement of associated beings who
+     enjoy or suffer in that mighty assemblage, or in that nocturnal
+     slumber of the elements, which murmured thus, and raised the
+     mind above the cares of cities and empires into the bosom of
+     nature and of God."--(III. 283-284.)
+
+"Il faut du tems," says Voltaire, "pourque les grandes reputations
+murissent." As a describer of nature, we place Lamartine at the head of
+all writers, ancient or modern--above Scott or Chateaubriand, Madame de
+Staël or Humboldt. He aims at a different object from any of these great
+writers. He does not, like them, describe the emotion produced on the
+mind by the contemplation of nature; he paints the objects in the scene
+itself, their colours and traits, their forms and substance, their
+lights and shadows. A painter following exactly what he portrays, would
+make a glorious gallery of landscapes. He is, moreover, a charming poet,
+an eloquent debater, and has written many able and important works on
+politics; yet we never recollect, during the last twenty years, to have
+heard his name mentioned in English society except once, when an old and
+caustic, but most able judge, now no more, said, "I have been reading
+Lamartine's _Travels in the East_--it seems a perfect rhapsody."
+
+We must not suppose, however, from this, that the English nation is
+incapable of appreciating the highest degree of eminence in the fine
+arts, or that we are never destined to rise to excellence in any but the
+mechanical. It is the multitude of subordinate writers of moderate merit
+who obstruct all the avenues to great distinction, which really
+occasions the phenomenon. Strange as it may appear, it is a fact
+abundantly proved by literary history, and which may be verified by
+every day's experience, that men are in general insensible to the
+highest class of intellectual merit when it first appears; and that it
+is by slow degrees and the opinion oft repeated, of the really superior
+in successive generations, that it is at length raised to its deserved
+and lasting pedestal. There are instances to the contrary, such as Scott
+and Byron: but they are the exceptions, not the rule. We seldom do
+justice but to the dead. Contemporary jealousy, literary envy, general
+timidity, the dread of ridicule, the confusion of rival works, form so
+many obstacles to the speedy acquisition of a great living reputation.
+To the illustrious of past ages, however, we pay an universal and
+willing homage. Contemporary genius appears with a twinkling and
+uncertain glow, like the shifting and confused lights of a great city
+seen at night from a distance: while the spirits of the dead shine with
+an imperishable lustre, far removed in the upper firmament from the
+distractions of the rivalry of a lower world.
+
+FOOTNOTES:
+
+[46] We have translated all the passages ourselves: the versions
+hitherto published in this country give, as most English translations of
+French works do, a most imperfect idea of the original.
+
+       *       *       *       *       *
+
+_Edinburgh: Printed by Ballantyne and Hughes, Paul's Work._
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Blackwood's Edinburgh Magazine, Volume
+56, Number 349, November, 1844, by Various
+
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+      The Project Gutenberg eBook of Blackwood's Edinburgh Magazine, Vol. 56, No. 349, November, 1844.
+    </title>
+    <style type="text/css">
+
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+<pre>
+
+The Project Gutenberg EBook of Blackwood's Edinburgh Magazine, Volume 56,
+Number 349, November, 1844, by Various
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844
+
+Author: Various
+
+Release Date: March 16, 2009 [EBook #28342]
+
+Language: English
+
+Character set encoding: ISO-8859-1
+
+*** START OF THIS PROJECT GUTENBERG EBOOK BLACKWOOD'S MAGAZINE, NOV 1844 ***
+
+
+
+
+Produced by Brendan OConnor, Jonathan Ingram, Josephine
+Paolucci and the Online Distributed Proofreading Team at
+https://www.pgdp.net. (This file was produced from images
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+Journals.)
+
+
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+</pre>
+
+
+
+
+
+<h1>BLACKWOOD'S</h1>
+
+<h1>EDINBURGH MAGAZINE.</h1>
+
+<h3>No. CCCXLIX. NOVEMBER, 1844. <span class="smcap">Vol.</span> LVI.</h3>
+
+
+
+<hr style="width: 65%;" />
+<h2>CONTENTS</h2>
+
+<p>
+<span class="smcap">The O'Connell Case</span>,                                         <span class="tocnum"><a href='#Page_539'>539</a></span><br />
+<br />
+<span class="smcap">My College Friends. No. 1. John Brown</span>,                      <span class="tocnum"><a href='#Page_569'>569</a></span><br />
+<br />
+<span class="smcap">The Tombless Man. By Delta</span>,                                 <span class="tocnum"><a href='#Page_583'>583</a></span><br />
+<br />
+<span class="smcap">French Socialists</span>,                                          <span class="tocnum"><a href='#Page_588'>588</a></span><br />
+<br />
+<span class="smcap">Marston; or, the Memoirs of a Statesman. Part XIV.</span>,         <span class="tocnum"><a href='#Page_601'>601</a></span><br />
+<br />
+<span class="smcap">Sonnet to Clarkson</span>,                                         <span class="tocnum"><a href='#Page_619'>619</a></span><br />
+<br />
+<span class="smcap">Letter from the Right Hon. Charles Hope</span>,                    <span class="tocnum"><a href='#Page_620'>620</a></span><br />
+<br />
+<span class="smcap">Poems by Elizabeth B. Barrett</span>,                              <span class="tocnum"><a href='#Page_621'>621</a></span><br />
+<br />
+<span class="smcap">Up Stream; or, Steam-Boat Reminiscences</span>,                    <span class="tocnum"><a href='#Page_640'>640</a></span><br />
+<br />
+<span class="smcap">Westminster Hall and the Works of Art</span>,                      <span class="tocnum"><a href='#Page_652'>652</a></span><br />
+<br />
+<span class="smcap">Lines on the Landing of His Majesty King Louis Philippe</span>,    <span class="tocnum"><a href='#Page_654'>654</a></span><br />
+<br />
+<span class="smcap">Lamartine</span>,                                                  <span class="tocnum"><a href='#Page_657'>657</a></span><br />
+</p>
+
+<hr style='width: 45%;' />
+
+<p class="center">EDINBURGH: WILLIAM BLACKWOOD AND SONS, 45, GEORGE STREET; AND 22,
+PALL-MALL, LONDON.<br /><br />
+
+<i>To whom all Communications (post paid) must be addressed.</i><br /><br />
+
+SOLD BY ALL THE BOOKSELLERS IN THE UNITED KINGDOM.</p>
+
+<hr style='width: 45%;' />
+
+<p>PRINTED BY BALLANTYNE AND HUGHES, EDINBURGH.</p>
+
+
+
+<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_539" id="Page_539">[Pg 539]</a></span></p>
+<h2>BLACKWOOD'S EDINBURGH MAGAZINE.</h2>
+
+<h3>No. CCCXLIX NOVEMBER, 1844. <span class="smcap">Vol. LVI.</span></h3>
+
+
+
+<hr style="width: 65%;" />
+<h2>THE O'CONNELL CASE&mdash;WAS THE JUDGMENT RIGHTLY REVERSED?</h2>
+
+
+<p>The astounding issue of the Irish State trials will constitute a
+conspicuous and mortifying event in the history of the times. A gigantic
+conspiracy for the dismemberment of the empire was boldly encountered at
+its highest point of development by the energy of the common law of the
+land, as administered in the ordinary courts of justice. That law,
+itself certainly intricate and involved, had to deal with facts of
+almost unprecedented complication and difficulty; but after a long and
+desperate struggle, the law triumphed over every obstacle that could be
+opposed to it by tortuous and pertinacious ingenuity: the case was
+correctly charged before the jury; most clearly established in evidence,
+so as to satisfy not them only, but all mankind; the jury returned a
+just verdict of guilty against all the parties charged&mdash;the court passed
+judgment in conformity with that verdict, awarding to the offenders a
+serious but temperate measure of punishment&mdash;imprisonment, fine, and
+security for good behaviour. The sentence was instantly carried into
+effect&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"And Justice said&mdash;I'm satisfied."<br /></span>
+</div></div>
+
+<p>But, behold! a last desperate throw of the dice from the prison-house&mdash;a
+speculative and desponding appeal to the proverbial uncertainty of the
+law; and, to the unspeakable amazement and disgust of the country, an
+alleged technical slip in the conduct of the proceedings, not touching
+or even approaching, the established <span class="smcap">merits</span> of the case either in fact
+or law, has been held, by the highest tribunal in the land, sufficient
+to nullify the whole which had been done, and to restore to liberty the
+dangerous delinquents, reveling in misrepresentation and falsehood
+concerning the grounds of their escape on punishment&mdash;in their delirium
+of delight and triumph, even threatening an <span class="smcap">impeachment</span> against the
+officers of the crown, against even the judges of the land, for the part
+they have borne in these reversed proceedings!</p>
+
+<p>Making all due allowance for these extravagant fooleries, it is obvious
+that the event which has given rise to them is one calculated to excite
+profound concern, and very great <i>curiosity</i>. The most sober and
+thoughtful observers are conscious of feeling lively indignation at the
+spectacle of justice defeated by a technical objection; and public
+attention has been attracted to certain topics of the very highest
+importance and delicacy, arising out of this grievous miscarriage. They
+are all involved in the discussion of the question placed at the head of
+this article; and to that discussion we propose to address ourselves in
+spirit of calmness, freedom, and candour. We have paid close attention
+to this remarkable and harassing<span class='pagenum'><a name="Page_540" id="Page_540">[Pg 540]</a></span> case from first to last, and had
+sufficient opportunities of acquainting ourselves with its exact legal
+position. We deem it of great importance to enable our readers, whether
+lay or professional, to form, with moderate attention, a sound judgment
+for themselves upon questions which may possibly become the subject of
+early parliamentary discussion&mdash;Whether the recent decision of the House
+of Lords, a very bold one unquestionably, was nevertheless a correct
+one, and consequently entitling the tribunal by whom it was pronounced,
+to the continued respect and confidence of the country? This is, in
+truth, a grave question, of universal concern, of permanent interest,
+and requiring a fearless, an honest, and a careful examination.</p>
+
+<p>The reversal of the judgment against Mr O'Connell and his companions,
+was received throughout the kingdom with perfect amazement. No one was
+prepared for it. Up to the very last moment, even till Lord Denman had
+in his judgment decisively indicated the conclusion at which he had
+arrived on the main point in the case, we have the best reason for
+believing that there was not a single person in the House of Lords&mdash;with
+the possible exception of Lords Denman, Cottenham, and Campbell&mdash;who
+expected a reversal of the judgment. So much has the public press been
+taken by surprise, that, with the exception of a fierce controversy
+between the <i>Standard</i>, and <i>Morning Herald</i>, and the <i>Morning
+Chronicle</i>, which was conducted with great acuteness and learning, we
+are not aware of any explanation since offered by the leading organs of
+public opinion&mdash;the <span class="smcap">Times</span> has preserved a total silence&mdash;as to the legal
+sufficiency or insufficiency of the grounds on which this memorable
+judgment of reversal proceeded. We shall endeavour to do so; for while
+it is on this side of the Channel perfectly notorious that the
+traversers have been proved guilty of the enormous misdemeanours with
+which they were charged&mdash;guilty in law and guilty in fact&mdash;on the other
+side of the Channel we find, since commencing this article, that the
+chief delinquent, Daniel O'Connell, has the amazing audacity, repeatedly
+and deliberately, to declare in public that he has been "<span class="smcap">acquitted on
+the merits!</span>" Without pausing to find words which would fitly
+characterize such conduct, we shall content ourselves with the following
+judicial declaration made by Lord Brougham in giving judgment in the
+House of Lords, a declaration heard and necessarily acquiesced in by
+every member of the court:&mdash;</p>
+
+<p>"The whole of the learned judges with one voice declare, that on the
+merits, at any rate, they have no doubt at all&mdash;that on the great merits
+and substance of the case they are unanimously agreed. That a great
+offence has been committed, and an offence known to and recognisable by
+the law; that a grave offence and crime has been perpetrated, and an
+offence and crime punishable by the admitted and undoubted law of the
+land, none of the learned judges do deny; that counts in the indictment
+to bring the offenders, the criminals, to punishment, are to be found,
+against which no possible exception, technical or substantial, can be
+urged, all are agreed; that these counts, if they stood alone, would be
+amply sufficient to support the sentence of the court below, and that
+that sentence in one which the law warrants, justifies, nay, I will even
+say commands, they all admit. <i>On these, the great features, the leading
+points, the substance, the very essence of the case, all the learned
+judges without exception, entertain and express one clear, unanimous,
+and unhesitating opinion.</i>" And yet all the proceedings have been
+annulled, and the perpetrators of these great crimes and offences let
+loose again upon society! How comes this to pass? is asked with
+astonishment wherever it is heard of, both in this country&mdash;and abroad.</p>
+
+<p>The enquiry we propose is due with reference to the conduct and
+reputation of three great judicial classes&mdash;the judges of the Irish
+Queen's Bench: the judges of England: and the judges of the court of
+appeal in the House of Lords. Familiar as the public has been for the
+last twelve months with the Irish State Trials, the proceedings have
+been reported at such great length&mdash;in such different forms, and various
+stages&mdash;that<span class='pagenum'><a name="Page_541" id="Page_541">[Pg 541]</a></span> it is probable that very few except professional readers
+have at this moment a distinct idea of the real nature of the case, as
+from time to time developed before the various tribunals through whose
+ordeal it has passed. We shall endeavour now to extricate the legal
+merits of the case from the meshes of complicated technicalities in
+which they have hitherto been involved, and give an even <i>elementary</i>
+exposition of such portions of the proceedings as must be distinctly
+understood, before attempting to form a sound opinion upon the validity
+or invalidity of the grounds upon which alone the judgment has been
+reversed.</p>
+
+<p>The traversers were charged with having committed the offence of
+<span class="smcap">conspiracy</span>; which, by the universally admitted common law of the land
+for considerably upwards of five hundred years, exists "<i>where two, or
+more than two, agree to do an illegal act</i>&mdash;that is, to effect something
+in itself unlawful, or to effect by unlawful means something which in
+itself may be indifferent, or even lawful."<a name="FNanchor_1_1" id="FNanchor_1_1"></a><a href="#Footnote_1_1" class="fnanchor">[1]</a> Such an offence
+constitutes a <i>misdemeanour</i>; and for that misdemeanour, and that
+misdemeanour alone, the traversers were <i>indicted</i>. The government
+might, as we explained in a former Number,<a name="FNanchor_2_2" id="FNanchor_2_2"></a><a href="#Footnote_2_2" class="fnanchor">[2]</a> have proceeded by an
+<i>ex-officio</i> information at the suit of the crown, filed by the
+Attorney-General; but in this instance, waiving all the privileges
+appertaining to the kingly office, they appeared before the constituted
+tribunal of the law as the redressers of the public wrongs, invested
+however with no powers or authority beyond the simple rights enjoyed by
+the meanest of its subjects&mdash;and preferred an <i>indictment</i>: which is "a
+written accusation of one or more persons, of a crime or misdemeanour,
+preferred to and presented on oath by a grand jury."<a name="FNanchor_3_3" id="FNanchor_3_3"></a><a href="#Footnote_3_3" class="fnanchor">[3]</a> Now, in framing
+an indictment, the following are the principles to be kept in view. They
+were laid down with beautiful precision and terseness by Lord
+Chief-Justice De Grey, in the case of Rex. <i>v.</i> Horne&mdash;2 Cowper's Rep.
+682.</p>
+
+<p>"The charge must contain such a description of the crime, that the
+<i>defendant</i> may know what crime it is which he is called upon to answer;
+that the <i>jury</i> may appear to be warranted in their conclusion of
+'guilty,' or 'not guilty,' upon the premises delivered to them; and that
+the <i>court</i> may see such a definite crime, that they may apply the
+punishment which the law prescribes."</p>
+
+<p>There may be, and almost always are, several, sometimes many, counts in
+a single indictment; and it is of peculiar importance in the present
+case, to note the <i>reason</i> why several counts are inserted, when the
+indictment contains a charge of only one actual offence. First, when
+there is any doubt as to which is the proper mode, in point of <i>law</i>, of
+<i>describing</i> the offence; secondly, lest, although the offence be
+legally described on the face of the indictment, it should be one which
+the <i>evidence</i> would not meet or support. The sole object is, in short,
+to avoid the risk of a frequent and final failure of justice on either
+of the above two grounds. Technically speaking, each of these counts is
+regarded (though all of them really are only varied descriptions of one
+and the same offence) as containing the charge of a distinct offence.<a name="FNanchor_4_4" id="FNanchor_4_4"></a><a href="#Footnote_4_4" class="fnanchor">[4]</a>
+For precisely the same reason, several counts were, till recently,
+allowed in <span class="smcap">civil</span> proceedings, although there was only one cause of
+action; but this license got to be so much abused, (occasioning
+expensive prolixity,) that only one count is now permitted for one cause
+of action&mdash;a great discretion being allowed to judge, however, by
+statute, of altering the count at the trial, so as to meet the evidence
+then adduced. A similar alteration could not be allowed<span class='pagenum'><a name="Page_542" id="Page_542">[Pg 542]</a></span> in criminal
+cases, lest the grand jury should have found a bill for one offence, and
+the defendant be put upon his trial for another. There appear, however,
+insuperable objections to restricting one offence to a single count, in
+respect of the other object, on peril of the perpetual defeat of
+justice. The risk is sufficiently serious in civil cases, where the
+proceedings are drawn so long beforehand, and with such ample time for
+consideration as to the proper mode of stating the case, so as to be
+sufficient in point of law. But criminal proceedings cannot possibly be
+drawn with this deliberate preparation and accurate examination into the
+real facts of the case beforehand; and if the only count
+allowed&mdash;excessively difficult as it continually is to secure perfect
+accuracy&mdash;should prove defective in point of law, the prisoner, though
+guilty, must either escape scot-free, or become the subject of
+reiterated and abortive prosecution&mdash;a gross scandal to the
+administration of justice, and grave injury to the interests of society.
+If these observations be read with attention, and borne in mind, they
+will afford great assistance in forming a clear and correct judgment on
+this remarkably interesting, and, <i>as regards the future administration
+of justice</i>, vitally important case. There is yet one other remark
+necessary to be made, and to be borne in mind by the lay reader.
+Adverting to the definition already given of a "conspiracy"&mdash;that its
+essence is the <span class="smcap">mere agreement</span> to do an illegal act&mdash;it will be plain,
+that where such an agreement has once been shown to have been entered
+into, it is totally immaterial whether the illegal act, or the illegal
+acts, have been <i>actually done or not</i> in pursuance of the conspiracy.
+Where these illegal acts, however, have been done, and can be clearly
+proved, it is usual&mdash;but not necessary&mdash;to <i>set them out</i> in the
+indictment for a conspiracy. This is called <i>setting out the overt
+acts</i>, (and was done in the present instance,) not as any part of the
+conspiracy, but only as statements of <i>the evidence</i> by which the charge
+was to be supported&mdash;for the laudable purpose of giving the parties
+notice of the particular facts from which the crown intended to deduce
+the existence of the alleged conspiracy. They consisted, almost
+unavoidably, of a prodigious number of writings, speeches, and
+publications; and these it was which earned for the indictment the title
+of "the <i>Monster</i> Indictment." It occupies fifty-three pages of the
+closely printed folio <i>appendix</i> to the case on the part of the
+crown&mdash;each page containing on an average seventy-three lines, each line
+eighteen words; which would extend to <i>nine hundred and fifty-three
+common law folios</i>, each containing seventy-two words! The indictment
+itself, however, independently of its ponderous appendages, was of very
+moderate length. It contained eleven counts&mdash;and charged <span class="smcap">a conspiracy</span> of
+a five-fold nature&mdash;<i>i. e.</i> to do five different acts; and the scheme of
+these counts was this:&mdash;the first contained all the five branches of the
+conspiracy&mdash;and the subsequent counts took that first count to pieces;
+that is to say, contained the whole or separate portions of it, with
+such modifications as might appear likely to obviate doubts as to their
+<i>legal</i> sufficiency, or meet possible or probable variations in the
+expected <i>evidence</i>. The following will be found a correct abstract of
+this important document.</p>
+
+<p>The indictment, as already stated, contained eleven counts, in each of
+which it was charged that the defendants, Daniel O'Connell, John
+O'Connell, Thomas Steele, Thomas Matthew Kay, Charles Gavan Duffy, John
+Gray, and Richard Barrett, the Rev. Peter James Tyrrell, and the Rev.
+Thomas Tierney, unlawfully, maliciously, and seditiously did <span class="smcap">combine</span>,
+<span class="smcap">conspire</span>, <span class="smcap">confederate</span>, and <span class="smcap">agree</span> with each other, and with divers other
+persons unknown, for the purposes in those counts respectively stated.</p>
+
+<p>The <span class="smcap">first</span> count charged the conspiracy as a conspiracy to do five
+different acts, (that is to say,)</p>
+
+<p>"<i>First.</i> To raise and create discontent and disaffection amongst her
+Majesty's subjects, and to excite such subjects to hatred and contempt
+of the government and constitution of the realm as by law established,
+and to unlawful and seditious opposition to the said government and
+constitution.</p>
+
+<p>"<i>Second.</i> To stir up jealousies, hatred, and ill-will between
+different<span class='pagenum'><a name="Page_543" id="Page_543">[Pg 543]</a></span> classes of her Majesty's subjects, and especially to promote
+amongst her Majesty's subjects in Ireland, feelings of ill-will and
+hostility towards and against her Majesty's subjects in the other parts
+of the United Kingdom, especially in that part of the United Kingdom
+called England.</p>
+
+<p>"<i>Third.</i> To excite discontent and disaffection amongst divers of her
+Majesty's subjects serving in her Majesty's army.</p>
+
+<p>"<i>Fourth.</i> To cause and procure, and aid and assist in causing and
+procuring, divers subjects of her Majesty <i>unlawfully</i>, <i>maliciously</i>,
+<i>and seditiously</i> to meet and assemble together in large numbers, at
+various times and at different places within Ireland, for the unlawful
+and seditious purpose of obtaining, by means of the intimidation to be
+thereby caused, and by means of the exhibition and demonstration of
+great physical force at such assemblies and meetings, changes and
+alterations in the government, laws, and constitution of the realm by
+law established.</p>
+
+<p>"<i>Fifth.</i> To bring into hatred and disrepute the courts of law
+established in Ireland for the administration of justice, and to
+diminish the confidence of her Majesty's subjects in Ireland in the
+administration of the law therein, <i>with the intent</i> to induce her
+Majesty's subjects to withdraw the adjudication of their differences
+with, and claims upon, each other, from the cognisance of the said
+courts by law established, and to submit the same to the judgment and
+determination of other tribunals to be constituted and contrived for
+that purpose."</p>
+
+<p>[This count sets out as <i>overt acts</i> of the above design, numerous
+<i>meetings</i>, <i>speeches</i>, and <i>publications</i>.]</p>
+
+<p>The <span class="smcap">second</span> count was the same as the first, <i>omitting the overt acts</i>.</p>
+
+<p>The <span class="smcap">third</span> count was the same as the second, only omitting from the
+<i>fourth</i> charge the words "unlawfully, maliciously, and seditiously."</p>
+
+<p>The <span class="smcap">fourth</span> count was the same as the third, omitting the charge as to
+the army.</p>
+
+<p>The <span class="smcap">fifth</span> count contained the first and second charges set forth in the
+first count, omitting the overt acts.</p>
+
+<p>The <span class="smcap">sixth</span> count contained the fourth charge set forth in the first
+count, omitting the words "unlawfully, maliciously, and seditiously,"
+and the overt acts.</p>
+
+<p>The <span class="smcap">seventh</span> count was the same as the sixth, <i>adding</i> the words "and
+especially, by the means aforesaid, to bring about and accomplish <i>a
+dissolution of the legislative union</i> now subsisting between Great
+Britain and Ireland."</p>
+
+<p>The <span class="smcap">eighth</span> count contained the fifth charge set forth in the first
+count, omitting the overt acts.</p>
+
+<p>The <span class="smcap">ninth</span> count contained the fifth charge set forth in the first count,
+omitting the intent therein charged, and the overt acts, but <i>adding</i>
+the following charge&mdash;"And to assume and <i>usurp the prerogatives of the
+crown</i> in the establishment of courts for the administration of law."</p>
+
+<p>The <span class="smcap">tenth</span> count was the same as the eighth, omitting <i>the intent</i> stated
+in the fifth charge in the first count.</p>
+
+<p>The <span class="smcap">eleventh</span> count charged the conspiracy to be, "to <i>cause and procure
+large numbers of persons to meet and assemble together</i> in divers
+places, and at divers times, within Ireland, and by means of unlawful,
+seditious, and inflammatory speeches and addresses, to be made and
+delivered at the said several places, on the said several times,
+respectively, and also by means of the publishing, and causing and
+procuring to be published, to and amongst the subjects of her said
+majesty, divers unlawful, malicious, and seditious writings and
+compositions, <i>to intimidate the Lords Spiritual and Temporal, and the
+Commons</i> of the Parliament of the United Kingdom of Great Britain and
+Ireland, and <i>thereby</i> to effect and bring about changes and alterations
+in the laws and constitution of this realm, as now by law established."</p>
+
+<p>The indictment was laid before the grand jury on the 3d November 1843,
+and, after long deliberation, they returned a true bill late on the 8th
+of November. After a harassing series of almost all kinds of preliminary
+objections, the defendants, on the 22d November, respectively pleaded
+"that they were <span class="smcap">not guilty</span> of the premises above laid to his charge, or
+any of them, or any part thereof:"&mdash;and on the 16th January 1844, the
+trial commenced<span class='pagenum'><a name="Page_544" id="Page_544">[Pg 544]</a></span> at bar, before the full court of Queen's Bench, viz.
+the Right Honourable Edward Pennefather, <i>Chief-Justice</i>, and Burton,
+Crampton, and Perrin, <i>Justices</i>, and lasted till the 12th February.</p>
+
+<p>The Chief-Justice&mdash;a most able and distinguished lawyer&mdash;then closed his
+directions to the jury.</p>
+
+<p>"I have put the questions to you in the language of the indictment. It
+lies on the crown to establish&mdash;they have undertaken to do so&mdash;that the
+traversers, or some of them, are guilty of a conspiracy, such as I have
+already stated to you&mdash;a conspiracy consisting of five branches, any one
+of which being brought home, to your satisfaction, to the traversers or
+traverser, in the way imputed, will maintain and establish the charge
+which the crown has undertaken to prove."</p>
+
+<p>The jury were long engaged in discussing their verdict, and came once or
+twice into court with imperfect findings, expressing themselves as
+greatly embarrassed by the complexity and multiplicity of the issues
+submitted to them; on which Mr Justice Crampton, who remained to receive
+the verdict, delivered to them, in a specific form, the issues on which
+they were to find their verdict. They ultimately handed in very
+complicated written findings, the substantial result of which may be
+thus stated: All the defendants were found guilty on the whole of the
+last eight counts of the indictment, viz., the Fourth, Fifth, <span class="smcap">sixth,
+seventh</span>, Eighth, Ninth, Tenth, and Eleventh counts.</p>
+
+<p>Three of the defendants&mdash;Daniel O'Connell, Barrett, and Duffy&mdash;were also
+found guilty on the whole of the <i>Third</i> count, and on part of the First
+and Second counts&mdash;[that is to say, of all the first and second counts,
+except as to causing meetings to assemble "<i>unlawfully, maliciously, and
+seditiously</i>."]</p>
+
+<p>Four other of the defendants&mdash;John O'Connell, Steele, Ray, and
+Gray&mdash;were also found guilty of a part of the First, Second, and Third
+counts&mdash;viz., of all, except as to causing meetings to assemble
+<i>unlawfully, maliciously, and seditiously</i>, and exciting discontent and
+disaffection in the army.<a name="FNanchor_5_5" id="FNanchor_5_5"></a><a href="#Footnote_5_5" class="fnanchor">[5]</a></p>
+
+<p>As soon as these findings had been delivered to the deputy-clerk of the
+crown, and read by him, a copy of them was given to the traversers, and
+the court adjourned till the ensuing term.</p>
+
+<p>It should here be particularly observed, that it has been from time
+immemorial the invariable course, in criminal cases, as soon as the
+verdict has been delivered, however special its form, for the proper
+officer to write on the indictment, in the presence of the court and
+jury, the word "<i>Guilty</i>," or "<i>Not Guilty</i>," as the case may be, of the
+whole or that portion of the indictment on which the jury may have
+thought fit to find their verdict; and then the judge usually proceeds
+at once to pass judgment, unless he is interrupted by the prisoner's
+counsel rising to move "<i>in arrest</i>," or stay of judgment, in
+consequence of some supposed substantial defect in the indictment. But
+observe&mdash;it was useless to take this step, unless the counsel could show
+that <i>the whole indictment</i> was insufficient, as disclosing in no part
+of it an offence in contemplation of law. If he were satisfied that
+there was one single good count to be found in it, it would have been
+idle, at this stage of the proceedings, to make the attempt; and it very
+rarely happens that every one of the varied modes of stating the case
+which has been adopted is erroneous and insufficient. If, then, the
+motion was refused, nothing else remained but to pass the sentence,
+which was duly recorded, and properly carried into effect. No formal or
+further entry was made upon the record&mdash;matters remaining in <i>statu
+quo</i>&mdash;unless the party convicted, satisfied that he had good ground for
+doing so, and was able to afford it, determined to bring a writ of
+error. <i>Then</i> it became necessary, in order to obey the command
+contained in the writ of error, to<span class='pagenum'><a name="Page_545" id="Page_545">[Pg 545]</a></span> "make up the record"&mdash;<i>i. e.</i>
+formally and in technical detail to complete its narrative of the
+proceedings, in due course of law; for which purpose the verdict would
+be entered in legal form, generally (if such it had been in fact) or
+specially, according to its legal effect, if a special verdict had been
+delivered.</p>
+
+<p>To return, now, to the course of proceedings in the present instance.</p>
+
+<p>After desperate but unsuccessful efforts had been made, in the ensuing
+term, to disturb the verdict, the last step which could be resorted to
+in order to avert the sentence, was adopted&mdash;viz., a motion in arrest of
+judgment, on the main ground that the indictment disclosed in <i>no part</i>
+of it any indictable offence. It was expressly admitted by the
+traversers' counsel, in making the motion, that if "the indictment did
+disclose, with sufficient certainty, an indictable offence in all <span class="smcap">or any</span>
+of its counts, the indictment was sufficient;" and it was then
+"contended, that <i>not one</i> of the counts disclosed, with sufficient
+certainty, that the object of the agreement alleged in it was an
+indictable offence." The court, however, was of a different opinion; and
+the Chief-Justice, in delivering his judgment, thus expressed
+himself&mdash;"It was boldly and perseveringly urged, that there was no crime
+charged in the indictment. If there was one in any count, or in any part
+of a count, that was sufficient." So said also Mr Justice Burton&mdash;"We
+cannot arrest the judgment, if there be <i>any</i> count on which to found
+the judgment"&mdash;the other two judges expressly concurring in that
+doctrine; and the whole court decided, moreover, that <i>all</i> the counts
+were sufficient in point of law. They, therefore, refused the motion.
+Had it been granted&mdash;had judgment been arrested&mdash;all the proceedings
+would have been set aside; but the defendants might have been indicted
+afresh. Let us once more repeat here&mdash;what is, indeed, conspicuously
+evident from what has gone before&mdash;that at the time when this motion in
+arrest of judgment was discussed and decided in the court below, there
+was no more doubt entertained by any criminal lawyer at the bar, or on
+the bench, in Ireland or England, that if an indictment contained one
+single good count it would sustain a general judgment, though there
+might be fifty bad counts in it, than there is of doubt among
+astronomers, or any one else, whether the earth goes round the sun, or
+the sun round the earth. Had the Irish Court of Queen's Bench held the
+contrary doctrine, it would have been universally scouted for its
+imbecility and ignorance.</p>
+
+<p>Having been called up for <i>judgment</i> on the 30th May, in Trinity term
+last, the defendants were respectively sentenced to fine and
+imprisonment, and to give security to keep the peace, and be of good
+behaviour for seven years; and were at once taken into custody, in
+execution of the sentence. They immediately sued out writs of error,
+<i>coram nobis</i>&mdash;(<i>i. e.</i> error <i>in fact</i>, on the ground that the
+witnesses had not been duly sworn before the grand jury, nor their names
+authenticated as required by statute.) The court thereupon formally
+affirmed its judgments. On the 14th June 1844, the defendants (who
+thereby became <i>plaintiffs</i> in error) sued out of the "High Court of
+Parliament" writs of error, to reverse the judgments of the court below.
+On the writ of error being sued out, it became necessary, as already
+intimated, to enter the findings of the jury, according to the true and
+legal effect of such findings, upon the record, which was done
+accordingly&mdash;the judges themselves, it should be observed, having
+nothing whatever to do with that matter, which is not within their
+province, but that of the proper officer of the court, who is aided, in
+difficult cases, by the advice and assistance of counsel; and this
+having been done, the following (<i>inter alia</i>) appeared upon the face of
+the record:&mdash;The eleven counts of the indictment were set out
+<i>verbatim</i>; then the findings of the jury, (in accordance with the
+statement of them which will be found <i>ante</i>;) and then came the
+following all-important paragraph&mdash;the entry of judgment&mdash;every word of
+which is to be accurately noted:&mdash;</p>
+
+<p>"Whereupon <i>all and singular the premises being seen and fully
+understood</i> by the court of our said Lady the Queen now here, it is
+considered and adjudged by the said court here,<span class='pagenum'><a name="Page_546" id="Page_546">[Pg 546]</a></span> that the said Daniel
+O'Connell, <span class="smcap">for his offences aforesaid</span>, do pay a fine to our Sovereign
+Lady the Queen of two thousand pounds, and be imprisoned," &amp;c., and
+"enter into recognisances to keep the peace, and to be of good behaviour
+for seven years," &amp;c. Corresponding entries were made concerning the
+other defendants respectively.</p>
+
+<p>This Writ of Error, addressed to the Chief-Justice of the Queen's Bench
+in Dublin, reciting (in the usual form) that "<span class="smcap">manifest errors</span>, it was
+said, had intervened, to the great damage" of the parties concerned;
+commands the Chief-Justice, "distinctly and plainly, <i>to send under his
+seal the record of proceedings</i> and writ, to Us in our present
+Parliament, now holden at Westminster; that the record and proceedings
+aforesaid having been inspected, we may further cause to be done
+thereupon, with the consent of the Lords Spiritual and Temporal, in
+Parliament assembled, for correcting the said errors, what of right, and
+according to the law and customs of this realm, ought to be done." The
+writ of error, accompanied by a transcript of the entire record of the
+proceedings below, having been duly presented to the House of Lords,
+then came the "<i>assignment of errors,</i>" prepared by the counsel of the
+plaintiffs in error&mdash;being a statement of the grounds for imputing
+"manifest error" to the record; and which in this case were no fewer
+than thirty-four. The Attorney-General, on the part of the crown, put in
+the usual plea, or joinder in error&mdash;"<i>In nullo est erratum;" Anglic&egrave;</i>,
+that "<i>there is no error in the record.</i>" This was in the nature of a
+demurrer,<a name="FNanchor_6_6" id="FNanchor_6_6"></a><a href="#Footnote_6_6" class="fnanchor">[6]</a> and referred the whole record&mdash;and, be it observed,
+<i>nothing but</i> <span class="smcap">the record</span>&mdash;to the judgment of the House of Lords, as
+constituting the High Court of Parliament. It is a cardinal maxim, that
+upon a writ of error the court <i>cannot travel out of the record</i>; they
+can take judicial notice of nothing but what appears upon the face of
+the record, sent up to them for the purpose of being "inspected," to see
+if there be any error <i>therein.</i></p>
+
+<p>The judges of England were summoned <i>to advise</i><a name="FNanchor_7_7" id="FNanchor_7_7"></a><a href="#Footnote_7_7" class="fnanchor">[7]</a> the House of Lords:
+from the <i>Queen's Bench</i>, Justices Patteson, Williams, and Coleridge,
+(Lord Denman, the Chief-Justice, sitting in judgment as a peer;) from
+the <i>Common Pleas</i>, Chief-Justice Tindal, and Justices Coltman and
+Maule; from the <i>Exchequer</i>, Barons Parke, Alderson, and Gurney. Lord
+Chief-Baron Pollock did not attend, having advised the Crown in early
+stages of the case, as Attorney-General: Mr Justice Erskine was ill; and
+the remaining three common law judges, Justices Wightman, Rolfe, and
+Cresswell, were required to preside in the respective courts at <i>Nisi
+Prius</i>. With these necessary exceptions, the whole judicial force&mdash;so to
+speak&mdash;of England assisted in the deliberations of the House of Lords.
+The "<i>law</i>" peers who constantly attended, were the Lord Chancellor,
+Lords Brougham, Cottenham, and Campbell. It has been remarked as
+singular, that Lord Langdale (the Master of the Rolls) did not attend in
+his place on so important an occasion, and take his share in the
+responsibility of the decision. Possibly he considered himself not
+qualified by his <i>equity</i> practice and experience to decide upon the
+niceties of criminal pleading. Several lay peers also attended&mdash;of whom
+some, particularly Lord Redesdale, attended regularly. The appeal lasted
+for many days, frequently from ten o'clock in the morning till a late
+hour in the evening; but the patience and attention of the peers and
+judges&mdash;we speak from personal observation&mdash;was exemplary. For the crown
+the case was argued by the English and Irish Attorney-Generals, (Sir W.
+W. Follett and Mr T. B. C. Smith;) for O'Connell and his companions, by
+Sir Thomas Wilde, Mr M. D. Hill, Mr Fitzroy Kelly, and Mr Peacock, all
+of whom evinced a degree of astuteness and learning commensurate with
+the occasion of their exertions. If ever a<span class='pagenum'><a name="Page_547" id="Page_547">[Pg 547]</a></span> case was thoroughly
+discussed, it was surely this. If ever "justice to Ireland" was done at
+the expense of the "delay of justice to England," it was on this
+occasion. When the argument had closed, the Lord Chancellor proposed
+written questions, eleven in number, to the judges, who begged for time
+to answer them, which was granted. Seven out of the eleven related to
+the merest technical objections, and which were unanimously declared by
+the judges to be untenable; the law lords (except with reference to the
+sixth question, as to the overruling the challenge to the array)
+concurring in their opinions. Lord Denman here differed with the judges,
+stating that Mr Justice Coleridge also entertained doubts upon the
+subject; Lords Cottenham and Campbell shared their doubts, expressly
+stating, however, that they would not have reversed the proceedings on
+that ground. If they had concurred in reversing the judgment which
+disallowed the challenge to the array, the only effect would have been,
+to order a <i>venire de novo</i>, or a new trial. With seven of the
+questions, therefore, we have here no concern, and have infinite
+satisfaction in disencumbering the case of such vexatious trifling&mdash;for
+such we consider it&mdash;and laying before our readers the remaining four
+questions which tended to raise the <span class="smcap">single point</span> on which the judgment
+was reversed; a point, be it observed, which was not, as it could not in
+the nature of things have been, made in the court below&mdash;arising out of
+proceedings which took place after the court below, having discharged
+their duty, had become <i>functi officio</i>. Those questions were,
+respectively, the first, second, third, and last, (the eleventh,) and as
+follow:&mdash;</p>
+
+<p><i>Question I.</i>&mdash;"Are all, or any, and if any, which of the <i>counts of the
+indictment, bad in law</i>&mdash;so that, if such count or counts stood alone in
+the indictment, <i>no judgment</i> against the defendants could properly be
+entered upon them?"</p>
+
+<p><i>Question II.</i>&mdash;"Is there any, and if any, what defect in the <i>findings
+of the jury</i> upon the trial of the said indictment, or in the <i>entering</i>
+of such findings?"</p>
+
+<p><i>Question III.</i>&mdash;"Is there any sufficient ground for <i>reversing the
+judgment</i>, by reason of any defect in the indictment, or of the
+findings, or entering of the findings, of the jury, upon the said
+indictment?"</p>
+
+<p><i>Question XI.</i>&mdash;"In an indictment consisting of counts A, B, C, when the
+verdict is, <i>guilty of all generally</i>, and the counts A and B are good,
+and the count C is bad; the judgment being, that the defendant, '<i>for
+his offences aforesaid</i>,' be fined and imprisoned; which judgment would
+be sufficient in point of law, if confined expressly to counts A and
+B&mdash;can such judgment be reversed on a writ of error? Will it make any
+difference whether the punishment be discretionary, as above suggested,
+or a punishment fixed by law?"</p>
+
+<p>The above questions may be stated shortly and substantially thus:&mdash;Are
+there any <i>defective counts</i> in the indictment? Any defective <i>findings</i>
+of the jury? Any defects in <i>entering</i> the findings? Can judgment be
+reversed on any of these grounds? If one only of several counts in an
+indictment be bad; a verdict given of "guilty" generally; judgment
+awarded against the defendant "for <i>his offences</i> aforesaid," and the
+punishment discretionary&mdash;can judgment be reversed on a writ of error?
+The whole matter may now, in fact, be reduced to this single question:
+Can a judgment inflicting fine or imprisonment be reversed by a court of
+error, because that judgment proceeded on an indictment containing both
+<i>bad and good</i> counts, and in respect of which <i>some</i> of the findings of
+the jury were either defective or defectively entered?&mdash;Let us now
+listen to the decision of that venerable body of men, who are, in the
+language of our great commentator, "<i>the depositaries of the laws, the
+living oracles, who must decide in all cases of doubt, and who are bound
+by an oath to decide according to the law of the land.</i>"<a name="FNanchor_8_8" id="FNanchor_8_8"></a><a href="#Footnote_8_8" class="fnanchor">[8]</a> The
+questions which they had thus to consider, moreover, were not questions
+of rare, subtle, unusual, and speculative, but<span class='pagenum'><a name="Page_548" id="Page_548">[Pg 548]</a></span> of an ordinary practical
+character, such as they were concerned with every day of their lives in
+administering the criminal law of the country.</p>
+
+<p>First, then, were there any bad counts in the indictment?</p>
+
+<p>The judges were unanimously of opinion that <span class="smcap">two</span> of the counts were bad,
+or insufficient in law&mdash;and two only&mdash;which were the <span class="smcap">sixth</span> and <span class="smcap">seventh</span>
+counts. They hold positively and explicitly, that the remaining <span class="smcap">nine
+counts were perfectly valid</span>.</p>
+
+<p>The Chief-Justice (Tindal) thus delivered this unanimous opinion of
+himself and his brethren on this point.<a name="FNanchor_9_9" id="FNanchor_9_9"></a><a href="#Footnote_9_9" class="fnanchor">[9]</a></p>
+
+<p>"No serious objection appears to have been made by counsel for the
+prisoners, against the sufficiency of any of the counts prior to the
+sixth. Indeed, there can be no question that the charges contained in
+the <span class="smcap">first five counts</span>, <i>do amount in each to the legal offence of
+conspiracy, and are sufficiently described therein</i>.</p>
+
+<p>"We all concur in opinion as to the <span class="smcap">eighth, ninth</span>, and <span class="smcap">tenth</span> counts, (no
+doubt whatever having been raised as to the sufficiency of the <span class="smcap">eleventh</span>
+count,) that the object and purpose of the agreement entered into by the
+defendants and others, as disclosed upon those counts, is an agreement
+for the performance of an act, and the attainment of an object, which is
+a violation of the law of the land."</p>
+
+<p>With reference to the <span class="smcap">sixth</span> and <span class="smcap">seventh</span> counts, in the form in which
+they stand upon their record, the judges were unanimously of opinion,
+that these counts "did not state the illegal purpose and design of the
+agreement entered into between the defendants, with such proper and
+sufficient <i>certainty</i> as to lead to the <i>necessary</i> conclusion that it
+was an agreement to do an act in violation of the law." They did not
+show what sort of fear was intended by the alleged intimidation, nor
+upon whom it was intended to operate, nor was it alleged that the
+"physical force exhibited" was to be <i>used</i>, or <i>intended</i> to be used.</p>
+
+<p>Observed, therefore, on what grounds these two counts&mdash;two only out of
+eleven&mdash;are held defective: they are deficient in that rigorous
+"<i>certainty</i>" now held requisite to constitute a perfectly legal charge
+of crime. To the eye of plain common sense&mdash;we submit, with the deepest
+deference, to those who have held otherwise&mdash;they distinctly disclose a
+<i>corpus delicti</i>; but when stretched upon the agonizing rack of legal
+logic to which they were exposed, it seems that they gave way. The
+degree of "certainty" here insisted upon, would seem to savour a little
+(possibly) of that <i>nimia subtilitas qu&aelig; in jure reprobatur; et talis
+certitudo certitudinem confundit</i>: and which, in the shape of "certainty
+to a certain intent in every particular," is rejected in law, according
+to Lord Coke, (5 <i>Rep.</i> 121.) It undoubtedly tends to impose inevitable
+difficulty upon the administration of criminal justice. Sir Matthew Hale
+complained strongly of this "strictness, which has grown to be a blemish
+and inconvenience in the law, and the administration thereof; for that
+more offenders escape by the over-easy ear given to exceptions in
+indictments, than by their own innocence."&mdash;12 Hal. P. C. 193; 4 Bla.
+Co. 376. The words, in the present case, are pregnant with irresistible
+"inference" of guilt; an additional word or two, which to us appear
+already implicitly there, as they are actually in the eleventh count,
+would have dispersed every possible film of doubt; and Lord Brougham, in
+giving judgment, appeared to be of this opinion. But now for the general
+result: The indictment contained two imperfect counts, and nine perfect
+counts, distinctly disclosing offences not very far short of treason.</p>
+
+<p>Thus, then, the first question was answered.</p>
+
+<p>To the <i>second</i> question the judges replied unanimously, "that the
+<i>findings of the jury</i> in the first four counts were not authorized by
+the law, and are incorrectly entered on the record." One of the judges,
+however, and a most eminent judge, (Mr Justice Patteson,) being of a
+contrary opinion.</p>
+
+<p>Thus we have it unanimously decided by the judges, whose decision<span class='pagenum'><a name="Page_549" id="Page_549">[Pg 549]</a></span> was
+acquiesced in by the House of Lords, that there were two bad counts,
+(the 6th and 7th,) on which there were good findings by the jury, and,
+with the exception of Mr Justice Patteson, four good counts, (the 1st,
+2d, 3d, and 4th,) on which there were bad findings. The effect of this
+twofold error was thus tersely stated by Mr Baron Gurney, and adopted by
+the Lord Chancellor.<a name="FNanchor_10_10" id="FNanchor_10_10"></a><a href="#Footnote_10_10" class="fnanchor">[10]</a></p>
+
+<p>"I cannot distinguish between a bad finding on a good count, and a good
+finding on a bad count. They appear to me to amount to precisely the
+same thing&mdash;namely, that upon which no judgment can be pronounced. The
+judgment must be taken to have proceeded upon <i>the concurrence of good
+counts and good findings</i>, and upon nothing else."</p>
+
+<p>Here, then, at length, it seems that we have hit upon a <i>blot</i>&mdash;a petty,
+circumscribed blot to be sure, upon a vast surface of otherwise
+unsullied legal sufficiency; but still&mdash;in the opinion of the judges&mdash;a
+blot.</p>
+
+<p>What was to be held the effect of it? Or had it <i>any</i> effect?</p>
+
+<p>The traversers' counsel, at the bar of the House of Lords, took by
+surprise every one whom they addressed&mdash;all their opponents, all the
+judges, all the law lords, and all the legal profession, as soon as they
+had heard of it&mdash;by boldly affirming, that if this blot really existed,
+it would invalidate and utterly nullify the whole proceedings from the
+beginning to the end! They hammered away at this point accordingly, hour
+after hour&mdash;day after day&mdash;with desperate pertinacity; being compelled
+from time to time, during their hopeful argument, to admit, that up to
+that moment the rule or custom which they were seeking to impeach had
+been universally acted upon from time immemorial, to the contrary of
+that for which they were contending. This strange and novel point of
+theirs gave rise to the third and eleventh questions put to the judges.
+These questions are substantially identical, viz., whether a single bad
+count in an indictment on which there has been a general verdict of
+guilty, with judgment accordingly, will entitle the fortunate defendant
+to a reversal of that judgment?</p>
+
+<p>We heard a considerable portion of the argument; and listened to <i>this</i>
+part of it with a comfortable consciousness that we beheld, in each
+counsel arguing it, as it were, a viper gnawing a file! If <i>this</i> be
+law, thought we, then have many thousands of injured gentlemen been, in
+all human probability, unjustly hanged, and transported for life or for
+years, been fined, imprisoned, sent to the tread-mill, and publicly
+whipped; for Heaven only knows how many of the counts in the indictments
+against&mdash;say Mr Fauntleroy; Messrs Thistlewood, Brunt, Tidd, and Ings;
+Messrs Greenacre, Courvoisier, and many others&mdash;have been defective in
+law! How many hundreds are now luxuriating in Norfolk Island who have,
+on this supposition, no just right to be there; and who, had they been
+but <i>popular</i> miscreants, might have collected sufficient funds from
+their friends and admirers to enable them to prove this&mdash;to try a fall
+with justice and show her weakness; to overhaul the proceedings against
+them, detect the latent flaws therein, return in triumph to the bosom of
+their families and friends, and exhibit new and greater feats of
+dexterity in their art and mystery! Why should not that "<i>innocent</i>"
+convict&mdash;now passing over the seas&mdash;Mr Barber, on hearing of this
+decision, soon after his arrival at the distant paradise to which he is
+bound, take new heart and remit instructions by the next homeward bound
+ship for a writ of error, in order that he may have <i>his</i> chance of
+detecting a flaw in one of the many counts of <i>his</i> indictment?</p>
+
+<p>But, to be serious again, how stands the case in the present instance?
+Of eleven counts, six must be in legal contemplation expunged from the
+record: <span class="smcap">four</span>, (the first, second, third, and fourth,) because, though in
+themselves sufficient in law, the findings upon them were technically
+defective; and <span class="smcap">two</span>, (the sixth and seventh,) because they were
+technically defective in point of law, though the findings on them were
+unobjectionable.</p>
+<p><span class='pagenum'><a name="Page_550" id="Page_550">[Pg 550]</a></span></p>
+<p>Then there remain <span class="smcap">five perfect counts with five perfect findings</span>, in the
+opinion of all the judges and of all the law lords; those five <i>counts</i>
+containing the gist of the whole charge against O'Connell and his
+confederates&mdash;those five <i>findings</i> establishing that the defendants
+were guilty of the offences so laid to their charge. Blot out, then,
+altogether from the record the six counts objectionable on the
+above-mentioned grounds, how are the other five to be got rid of? Thus,
+said the traversers' counsel. We have the entire record before us
+containing all the eleven counts and findings, both good and bad; and we
+find by the language of the record itself, that the judges, in passing
+sentence, <i>took into consideration all the eleven counts</i>, as if they
+had been valid counts with valid findings&mdash;for the judges expressly
+inflicted punishment on each of the traversers "<i>for his</i> <span class="smcap">offences</span>
+<i>aforesaid</i>." Is it not therefore plain to demonstration, that the
+measure of punishment was governed by reference to six&mdash;<i>i. e.</i> a
+majority&mdash;of eleven counts, which six counts had no more right to stand
+on the record, entailing liability to punishment on the parties named in
+them, than six of the odes of Horace? The punishment here, moreover,
+being discretionary, and consequently dependent upon, and influenced by,
+the ingredients of guilt, which it appears conclusively that the judges
+took into their consideration?</p>
+
+<p>Such was the general drift of the reasonings of the traversers' counsel.
+What was their effect upon the assembled judges&mdash;those experienced and
+authoritative expositors of the law of the land? Why, after nearly two
+months' time taken to consider and ponder over the various points which
+had been started&mdash;after anxious consideration and communication one with
+another&mdash;they re-appeared in the House of Lords on the 2d of September;
+and, led by one who will be on all hands admitted to be one of the most
+experienced, gifted, profoundly learned, and perfectly impartial and
+independent lawyers that ever presided over a court of justice&mdash;Sir
+Nicholas Tindal&mdash;<span class="smcap">seven</span> out of <i>nine</i> of the judges expressed a clear
+unhesitating opinion, that the third and eleventh questions should be
+answered in the negative&mdash;viz. that the judgment was in no way
+invalidated&mdash;could be in no way impeached, by reason of the defective
+counts and findings. The two dissenting judges who had been <i>hit</i> by the
+arguments of the traversers' counsel, were Baron Parke and Mr Justice
+Coltman&mdash;the latter speaking in a confident, the former in a remarkably
+hesitating and doubting tone. The majority consisted of Chief-Justice
+Sir Nicholas Tindal, Mr Justice Patteson, Mr Justice Maule, Mr Justice
+Williams, Mr Baron Gurney, Mr Baron Alderson, and Mr Justice Coleridge.</p>
+
+<p>We have no hesitation in expressing our opinion, that the judgments
+delivered by this majority of the judges stand on the immovable basis of
+sound logic, accurate law, and good sense; and lament that our space
+will not allow us to present our readers with the many striking and
+conclusive reasonings and illustrations with which those judgments
+abound. We can but glance at the <i>result</i>&mdash;leaving the <i>process</i> to be
+examined at leisure by those so disposed. The artful fallacies of the
+traversers' counsel will be found utterly demolished. The first grand
+conclusion of the judges was thus expressed by the Chief-Justice&mdash;</p>
+
+<p>"I conceive it to be the law, that in the case of an indictment, if
+there be <span class="smcap">one good count</span> in an indictment upon which the defendants have
+been declared guilty by proper findings on the record, and a judgment
+given for the crown, imposing a sentence authorized by law to be awarded
+in respect of the particular offence, that such judgment cannot be
+reversed by a writ of error, by reason of one or more of the counts in
+the indictment being bad in point of law."</p>
+
+<p>The main argument of the traversers' counsel was thus disposed of&mdash;</p>
+
+<p>"It was urged at your lordships' bar, that all the instances which have
+been brought forward in support of the proposition, that one good count
+will support a general judgment upon an indictment in which there are
+also bad counts, are cases in which there was a motion in <i>arrest of
+judgment</i>, not cases where a <i>writ of error</i> has been brought. This may
+be true;<span class='pagenum'><a name="Page_551" id="Page_551">[Pg 551]</a></span> for so far as can be ascertained, there is no single instance
+in which a writ of error has been ever brought to reverse a judgment
+upon an indictment, upon this ground of objection. But the very
+circumstance of the refusal by the court to arrest the judgment, where
+such arrest has been prayed on the ground of some defective count
+appearing on the record, and the assigning by the court as the reason
+for such refusal, that there was one good count upon which the judgment
+might be entered up, affords the strongest argument, that they thought
+the judgment, <i>when entered up</i>, was irreversible upon a writ of error.
+For such answer could not otherwise have been given; it could have had
+no other effect than to mislead the prosecutor, if the court were
+sensible at the time, that the judgment, when entered up, might
+afterwards be reversed by a court of error."</p>
+
+<p>The grand argument derived from <i>the language of the judgment</i>, was thus
+encountered:&mdash;</p>
+
+<p>"I interpret the words, 'that the defendant <i>for his offences</i>
+aforesaid, be fined and imprisoned,' in their plain literal sense, to
+mean <i>such offences as are set out in the counts of the indictment which
+are free from objection, and of which the defendant is shown by proper
+findings on the record to have been guilty</i>&mdash;that is in effect the
+offences contained in the fifth and eighth, and all the subsequent
+counts. And I see no objection to the word offences, in the plural,
+being used, whether the several counts last enumerated do intend several
+and distinct offences, or only one offence described in different
+manners in those counts. For whilst the record remains in that shape,
+and unreversed, there can be no objection in point of law, that they
+should be called 'offences' as they appear on the record."</p>
+
+<p>Now, however, let us see the view taken of the matter by Mr Baron
+Parke&mdash;a man undoubtedly of acute and powerful mind, as well as accurate
+and extensive learning. It is impossible not to be struck by the tone of
+diffidence which pervades his judgment; and it was <i>delivered</i> in a very
+subdued manner, not usual with that learned judge; occasioned doubtless
+by the pain with which he found himself, on an occasion of such
+transcendent importance, differing from all his brethren but one. He
+commenced by acknowledging the astonishment with which he had heard
+counsel at the bar question the proposition <i>which he</i> (Baron Parke)
+<i>had always considered</i>, ever since he had been in the profession,
+<i>perfectly settled and well established</i>, viz. that in criminal cases
+one good count, though associated with many bad ones, would,
+nevertheless, suffice to support a general judgment. But "he had been
+induced to <i>doubt</i> whether the rule had not been carried too far, by a
+misunderstanding of the <i>dicta</i> of judges on applications <i>in arrest of
+judgment</i>."</p>
+
+<p>To enable the lay reader to appreciate the novel doctrine which has been
+sanctioned in the present case, it is requisite to understand clearly
+the distinction to which we have already briefly adverted, between a
+motion in <i>arrest of judgment</i> and a <i>writ of error</i>. When a defendant
+has been found guilty of an offence by the verdict of a jury, judgment
+must follow as a matter of course, "<i>judgment</i> being the sentence of the
+law pronounced by the court upon the matter contained in the
+record."<a name="FNanchor_11_11" id="FNanchor_11_11"></a><a href="#Footnote_11_11" class="fnanchor">[11]</a> If, however, the defendant can satisfy the court that the
+indictment is entirely defective, he will succeed in "<i>arresting,</i>" or
+staying the passing of judgment; but if he cannot, the court will
+proceed to <i>give judgment</i>. That judgment having been entered on the
+record, the defendant, if still persuaded that the indictment is
+defective, and consequently the judgment given on it erroneous, has one
+more chance; viz. to <i>reverse</i> the judgment which has been so given, by
+bringing a writ of error before an appellate tribunal. Now, the exact
+proposition for which the traversers' counsel contended was this&mdash;that
+the rule that "one good count will sustain a general judgment, though
+there are also bad counts in the indictment," is<span class='pagenum'><a name="Page_552" id="Page_552">[Pg 552]</a></span> applicable to that
+stage only of the proceedings at which a motion is made in arrest of
+judgment; <i>i. e. before the judgment has been actually given</i>, and not
+to the stage at which a writ of error has been obtained, viz. <i>after the
+judgment has been actually given</i>.</p>
+
+<p>This proposition was adopted by Mr Justice Coltman; while Mr Baron
+Parke&mdash;for reasons substantially identical with those of Lords Denman,
+Cottenham, and Campbell&mdash;declared himself unable to overthrow it.</p>
+
+<p>As to the "opinion that one good count, properly found, will support a
+judgment warranted by it, whatever bad counts there may be," Mr Baron
+Parke said,&mdash;"I doubt whether this received opinion is so sufficiently
+established by a course of usage and practical recognition, though
+generally entertained, as to compel its adoption in the present case,
+and prevent me considering its propriety. After much anxious
+consideration, and weighing the difficulties of reconciling such a
+doctrine with principle, I feel so much doubt, that I cannot bring
+myself to concur with the majority of the judges upon this question."</p>
+
+<p>Without for one moment presuming to suggest any invidious comparison, we
+may observe, that whatever may be the learning and ability of the two
+dissenting judges, the majority, with Sir Nicholas Tindal at their head,
+contains some of the most powerful, well-disciplined, long-experienced,
+and learned intellects that ever were devoted to the administration of
+justice, and all of them thoroughly familiar with the law and practice
+in criminal proceedings; and as we have already suggested, no competent
+reader can peruse their judgments without feeling admiration of the
+logical power evinced by them. While Mr Baron Parke "<i>doubts</i>" as to the
+soundness of his conclusions, they all express a clear and <i>decisive</i>
+opinion as to the existence of the rule or custom in question as a rule
+of law, and as to its reasonableness, utility, and justice.</p>
+
+<p>The reading of these judgments occupied from ten o'clock on the Monday
+morning till three o'clock in the afternoon, when the House adjourned
+till Wednesday; having first ordered the opinions of the judges to be
+printed. There were a considerable number of peers (among whom was the
+Duke of Cambridge) present, and they listened attentively to those whom
+they had summoned to advise them on so great an occasion. Lords
+Brougham, Denman, Cottenham, and Campbell sat near one another on the
+opposition side of the House, each with writing-tables before him; and
+they, together with the Lord Chancellor, appeared to pay close attention
+to what fell from the judges. The House of Lords on these great
+occasions presents a very interesting and impressive appearance. The
+Chancellor sits robed in his usual place, surrounded by the judges, who
+are seated on the woolsacks in the centre of the house, all in their
+full official costume, each rising to read his written judgment. If ever
+man made a magnificent personal appearance among his fellows, it is Lord
+Lyndhurst thus surrounded. At the bar of the house stood, or sat, the
+majority of the counsel engaged on each side, as well as others; and the
+whole space behind was crowded by anxious spectators, conspicuous among
+whom were Messrs Mahoney and Ford, (two tall, stout, shrewd-looking
+men,) the Irish attorneys engaged on behalf of the traversers. They and
+their counsel appeared a trifle less desponding at the conclusion of
+Baron Parke's judgment; but the impression was universal that the
+Chancellor would advise the House to affirm the judgment, in accordance
+with the opinions of so overwhelming a majority of the judges. No one,
+however, could do more than guess the inclination of the law lords, or
+what impression had been made upon them by the opinions of the judges.
+When therefore Wednesday, the day of final judgment upon this memorable
+and agitating case, had arrived, it is difficult to describe the
+excitement and anxiety manifest among all the parties who densely
+crowded the space between the door and the bar of the House. There were,
+of course, none of the judges present, with the exception of Mr Baron
+Rolfe, who, in plain clothes, sat on the steps of the throne, a mere
+private spectator. There were about a dozen peers on<span class='pagenum'><a name="Page_553" id="Page_553">[Pg 553]</a></span> the ministerial
+benches, including Lord Wharncliffe, Lord Redesdale, Lord Stradbroke,
+and others; and several peers (including Lord Clanricarde) sat on the
+opposite benches. Lords Cottenham and Campbell sat together, frequently
+in communication with each other, and occasionally with Lord Denman, who
+sat near them, at the cross-benches, busily engaged in referring to
+books and papers. Lord Brougham occupied his usual place, a little
+nearer the bar of the House than Lords Cottenham and Campbell; and on
+the writing-desks of all three lay their written judgments. All the
+law-peers wore a serious and thoughtful expression of countenance&mdash;which
+you scrutinized with eager anxiety in vain for any sign of the sort of
+judgments which they had come prepared to deliver. The traversers'
+leading counsel, Sir Thomas Wilde and Mr Hill, both stood at the bar of
+the House in a state of very perceptible suspense and anxiety. The
+Attorney-General for Ireland sat in his usual place&mdash;almost motionless,
+as usual, from first to last&mdash;very calm, and watching the proceedings
+with deep attention, seldom uttering more than a passing syllable to
+those who sat next to him, <i>i. e.</i> the English Solicitor-General, and Mr
+Waddington, and Mr Maule of the Treasury. After judgment had been
+briefly given in Gray's case, a few moments' interval of silence
+elapsed&mdash;the silence of suppressed anxiety and expectation. At length
+the Lord Chancellor, who had been sitting with a very thoughtful air for
+a few moments, slowly rose from the woolsack, and advanced to his proper
+post when addressing the House, viz. at about a couple of yards'
+distance to the left of the woolsack. Finding that his robes, or train,
+had in some way got inconveniently disarranged, so as to interfere with
+the freedom of his motions, he occupied several seconds in very calmly
+putting it to rights; and then his tall commanding figure stood before
+you, in all that tranquil grace and dignity of appearance and gesture,
+for which he has ever been so remarkably distinguished. During the whole
+time&mdash;exactly an hour&mdash;that he was speaking, his voice clear and
+harmonious as usual, and his attitude and gesture characterized by a
+graceful and easy energy, he never once slipped, or even hesitated for
+want of an apt expression; but, on the contrary, invariably hit upon
+<i>the very</i> expression which was the most accurate, appropriate, and
+elegant, for conveying his meaning. He spoke with an air of unusual
+decision, and entirely <i>extempore</i>, without the assistance of a single
+memorandum, or note, or law-book: yet the greater portion of his speech
+consisted of very masterly comments on a great number of cases which had
+been cited, in doing which he was as familiar and exactly accurate, in
+stating not only the principles and distinctions involved, but the
+minutest circumstances connected with them, as if the cases had been
+lying open before him! His very first sentence put an end to all doubt
+as to the conclusion at which <i>he</i> had arrived. These were his precise
+words&mdash;the last of them uttered with peculiar emphasis:&mdash;"My lords, I
+have to move your lordships that the judgment of the court below in this
+case be <i>affirmed</i>." He proceeded to compliment the judges on the
+patient and laborious attention and research which they had bestowed
+upon the case. "My lords," said he, "with respect to all the points
+submitted to their consideration, with the exception of one
+question&mdash;for in substance it <i>was</i> one question&mdash;their opinion and
+judgment have been unanimous. With reference to that one question, seven
+of the learned judges, with the Chief-Justice of the Common Pleas at
+their head, have expressed a distinct, a clear, and decided opinion
+against the objections which were urged. Two other learned judges have
+expressed an adverse opinion. I may be permitted to say&mdash;and all who
+were present to hear them must agree with me&mdash;that it was an opinion
+accompanied with much doubt and much hesitation. I think, under these
+circumstances, that <i>unless your lordships are thoroughly and entirely
+satisfied that the opinion of the great majority of the judges was
+founded in palpable error</i>, your lordships will feel yourselves, in a
+case of this kind, bound by their decision to adhere to and support
+their judgment, and act in<span class='pagenum'><a name="Page_554" id="Page_554">[Pg 554]</a></span> conformity with it." After briefly stating
+the only question before them&mdash;viz. "whether, there being defective
+counts in the indictment, and other counts with defective findings on
+them, a general judgment can be sustained?"&mdash;he proceeded, "Your
+lordships will observe that this is a mere technical question, though, I
+admit, of great importance&mdash;never presented to the judges of the court
+below, not calling in question their judgment in substance&mdash;but arising
+entirely out of the manner in which that judgment has been entered up,
+by those whose province it was to discharge that particular duty." He
+then made the following decisive and authoritative declaration, which
+all who know the accurate and profound learning and the vast judicial
+experience of the Chancellor will know how to value. "Allow me, my
+lords, to say, that <i>it has always been considered as a clear, distinct,
+and undoubted principle of the criminal law of England, that in a case
+of this nature a general judgment is sufficient</i>; and from the first
+moment when I entered the profession, down to the time when I heard the
+question agitated at your lordships' bar, I never heard it called in
+question. I have found it uniformly and constantly acted upon, without
+doubt, without hesitation. I find it in all treatises, in all
+text-writers on the subject&mdash;not questioned, not doubted, not qualified,
+but stated broadly and clearly. Now for the first time it has been
+stated&mdash;and Mr Baron Parke himself admits that it <i>is</i> for the first
+time&mdash;that that rule applies only to motions in arrest of judgment. I
+never before heard of such a limitation. I am quite sure that there is
+no case to sanction it, no decision to warrant it, no authority to be
+cited in support of it. I am quite satisfied, after all I have heard on
+the subject, that there is no ground whatever for the doubt&mdash;no ground
+whatever for the exception now insisted upon. * * * It is not <span class="smcap">necessary</span>
+that the judgment should be awarded <i>with reference to any particular
+count</i>. No such decision can be cited. No one not in the confidence of
+the judges can tell in respect of what the judgment was awarded, <i>except
+with reference to the record itself</i>. If there be defective counts, does
+it by any means <span class="smcap">follow</span> that the judges, in awarding judgment, appointed
+any part of it with reference to the defective counts? There is no
+similarity between the two cases: you cannot reason or argue from one to
+the other. You must assume, <span class="smcap">unless the contrary is distinctly shown</span>,
+that what the judges have done in that respect is right; that the
+judgment, if there be any part of the record to support it, proceeded
+upon that part. In writs of error, you are not allowed to <i>conjecture</i>,
+to decide on <i>probabilities</i>, you must look to the record; and unless
+the record itself, on the face of it, shows, not that there <i>may</i> have
+been, but that there <span class="smcap">has</span> been manifest error in the apportioning of the
+punishment, you cannot reverse the judgment. You upon conjecture reverse
+the judgment; and if afterwards you were to consult the very judge by
+whom it had been pronounced, you might find that he had at the time
+taken that very point into consideration. You are therefore running the
+hazard of reversing a judgment on the very grounds which were present to
+the mind of the judge at the moment when that judgment was pronounced."
+As to the statement, that judgment was awarded against each defendant
+"<span class="smcap">for his offences</span> aforesaid,"&mdash;thus argued the Chancellor:&mdash;</p>
+
+<p>"But independently of this, my lords, let us look at the record itself,
+and see whether, on the face of the record, there is any ground whatever
+for this objection. Every record must be construed according to <i>its
+legal effect</i>&mdash;according to its legal operation. You cannot travel out
+of the record. Now, what is the judgment? Why, 'that the court adjudges
+the defendant, <i>for his offences aforesaid</i>, to be fined and
+imprisoned.' What is an <span class="smcap">'offence'</span> on this record? There are two counts
+defective: but why? Because they charged, according to the unanimous
+opinion of the judges, NO offence. There were <i>facts</i> stated, but not so
+stated as to constitute an indictable offence. When you consider this
+record, then, according to its language and legal interpretation, can
+you say that when there is an<span class='pagenum'><a name="Page_555" id="Page_555">[Pg 555]</a></span> award of judgment for the offences on the
+record, that judgment applies to those counts which bear on the face of
+them no offence whatever? That is, my lords, an incongruity, an
+inconsistency, which your lordships will never sanction for one moment.
+The argument which applies to defective counts, applies to valid counts
+on which erroneous findings are entered up. When judgment is given for
+an 'offence' on the record, it is given on the offence of which the
+defendant is properly found guilty; and he is <i>not</i> found guilty on
+those counts on which the erroneous findings are entered up. My lords,
+the conclusion to which I come on the record is, that when the judgment
+is awarded 'for the offences aforesaid', it must be confined to those
+offences stated on the record which are offences in the eye of the law,
+and of which the defendant has been found guilty by the law&mdash;namely,
+those offences on which the finding was properly made. It is not,
+however, necessary to rest upon that: but if it were, I am of opinion,
+and I state it to your lordships, that in this case, the record,
+considered according to the proper and legal acceptation and force of
+the terms&mdash;and that is the only way in which a local record can be
+properly considered&mdash;must be taken as containing an award of judgment
+for those offences only which are properly laid, and of which the
+parties have been found guilty. On the face, therefore, of the record
+itself, there is no defect whatever in this case."</p>
+
+<p>His lordship, after a luminous commentary on a great number of
+authorities, thus proceeded&mdash;"Now, my lords, it is said that there is
+<i>no express decision</i> upon the subject. Why, if a case be so clear, so
+free from doubt, that no man, no attorney, barrister, or judge, ever
+entertained any scruple concerning it&mdash;if the rule have been uniformly
+acted upon and constantly recognised, is it to be said, that because
+there is no express decision it is not to be considered <i>law</i>? Why, that
+argument leads to this conclusion&mdash;that the more clear a question is,
+the more free from doubt, the more uncertain it must be! <i>My lords, what
+constitutes the law of this country? It is&mdash;usage, practice,
+recognition.</i> For many established opinions, part of the acknowledged
+law of the land, you will look in vain for any express decision. I
+repeat, that practice, usage, recognition, are considered as precedents
+establishing the law: these are the foundations on which the common law
+of the country rests; and it is admitted in this case, that the usage is
+all against the principle now contended for by the plaintiffs in error.
+No case, no authority of any kind, can be adduced in its favour: it is
+now admittedly, for the first time, urged in this extraordinary case.
+And I ask, my lords, if you will not recognise the decision of the great
+majority of the judges on a question of this kind, involving the
+technicalities of the law, with which they are constantly conversant?
+When, on such a point, you find them&mdash;speaking by the eminent and able
+Chief-Justice of the Common Pleas&mdash;pronouncing a clear and distinct
+opinion, it must be a case clear from all doubt&mdash;a conviction amounting
+to actual certainty, upon which alone you would be justified in
+rejecting such authorities. * * * It is on these grounds, and on the
+authorities which I have cited, that I assert the universal recognition
+of the principle which I contend has been acknowledged law from time
+immemorial."</p>
+
+<p>Such was the emphatic, clear, unwavering judgment, deliberately
+pronounced, after long examination and consideration, by one of the very
+greatest intellects ever brought to bear upon the science of the law,
+and of vast judicial experience in the administration of every
+department of the law&mdash;criminal law, common law, and equity.</p>
+
+<p>Lord Brougham then rose, and delivered partly a written, partly an oral
+judgment&mdash;characterized by his lordship's usual vigour and felicity of
+reasoning and illustration. He entirely concurred with the Lord
+Chancellor, and assigned reasons, which certainly appeared of
+irresistible cogency, for adopting the opinion of the judges, whom, in a
+matter peculiarly within their province, their lordships had summoned to
+their assistance, who had bestowed such unexampled pains upon the
+subject, and were all but unanimous. The following was a very striking
+way of putting the case:&mdash;"If<span class='pagenum'><a name="Page_556" id="Page_556">[Pg 556]</a></span> the doubts which have been thrown upon
+this judgment be allowed to have any weight in them, it goes the length
+of declaring, that <i>every thing which has been decided in similar cases</i>
+was mere error and delusion. Nothing can be more dangerous than such an
+impression. I cannot conceive any thing more appalling than that it
+should be held, that every one of the cases similarly decided ought to
+be reversed; that the judgments without number under which parties have
+been sent for execution <i>are all erroneous judgments, and ought to have
+been reversed</i>, and <i>must</i> have been reversed, if they had been brought
+before the last resort!"</p>
+
+<p>Lord Denman then rose; and though it was generally understood&mdash;as proved
+to be the fact&mdash;that he intended to express a strong opinion against the
+disallowance of the challenge to the array, we believe that no one
+expected him to dissent upon the great and only point on which the
+appeal turned, from the opinions of the great majority of his brother
+judges, and from the Chancellor and Lord Brougham. We waited with great
+interest to see the course which Lord Denman would take upon the great
+question. He is a man of strong natural talents, of a lofty bearing in
+the administration of justice, and an uncompromising determination on
+all occasions to assert the rights and protect the privileges of the
+subject. Nor, though a man of unquestionably very strong Whig opinions,
+are we aware of his having ever allowed them to interfere with his
+eminent and most responsible judicial duties. Whatever may be our
+opinion as to the validity of his conclusions on the subject of the
+challenge to the array, it was impossible not to be interested by the
+zealous energy, the manly eloquence, with which he vindicated the right
+of the subject to the fullest enjoyment of trial by jury, and denounced
+what he considered to be any, the slightest interference, with that
+right. At length his lordship closed his observations on that subject,
+and amidst breathless silence, fell foul, not only of the two counts
+which had been admitted to be defective&mdash;the sixth and seventh&mdash;but
+"<i>many others of the counts!</i>" which, he said, were open to objection,
+and declared that the judgment could not be sustained.</p>
+
+<p>Lord Denman's judgment (to which great respect is due) was, as far as
+relates to <i>the point</i> of the case, to this effect:&mdash;He had an
+"unconquerable repugnance" to assuming that the judges had passed
+sentence on the good counts only; for it was in direct contradiction to
+<i>the notorious fact</i>, that the judges had pronounced certain counts to
+be good; and it was also against the <i>common probability</i> of every case.
+He admitted the general opinion of the profession to have long been,
+that a general judgment, if supported by one sufficient good count, was
+not injured by a bad one associated with it. "I know," said his
+lordship,<a name="FNanchor_12_12" id="FNanchor_12_12"></a><a href="#Footnote_12_12" class="fnanchor">[12]</a> "what course I should have taken if pressed to give
+judgment at the trial, and had given it. If nothing had taken place
+respecting the validity of any part of the indictment&mdash;but much more if
+its validity had been disputed, but established&mdash;I should leave
+apportioned the sentence to the degree of criminality that was stated in
+all the counts which were proved in evidence."&mdash;"I see no inconvenience
+in compelling a judge to form an opinion on the validity of the counts,
+before he proceeds to pass judgment. He ought to take care that a count
+is good before he allows a verdict to be taken, or at least judgment to
+be entered upon it; and great good will arise from that practice. I am
+deliberately of opinion that this is a right and wholesome practice,
+producing no inconvenience, and affording a great security for justice.
+* * * In criminal cases, all difficulty may be entirely avoided by the
+court passing a separate judgment on each count, and saying, 'We adjudge
+that on this count, on which the prisoner is found guilty, he ought to
+suffer so much; that on the second count, having been found guilty, he
+ought to suffer so much; whether the count turn out to be good or not,
+we shall pronounce no opinion; that question would be reserved<span class='pagenum'><a name="Page_557" id="Page_557">[Pg 557]</a></span> for a
+superior court. A court of error would then reverse the judgment only on
+such counts as could not be supported in law&mdash;leaving that to stand
+which had proceeded on valid charges."&mdash;"Where a felony was established,
+requiring a capital punishment, or transportation for life, the number
+of counts could make no difference; because the punishment pronounced on
+any one exhausted the whole materials of punishment, and admitted of no
+addition."&mdash;"The current notion, that one count alone could support any
+sentence applicable to the offences stated in the whole indictment, can
+be accounted for only by Lord Mansfield's general words, needlessly and
+inconsiderately uttered, hastily adopted, and applied to a stage of the
+proceedings in which they are not correct in law."</p>
+
+<p>Then came Lord Cottenham&mdash;a cold, clear-headed lawyer, cautious, close,
+and accurate in his reasonings, and very tenacious in adhering to his
+conclusions: possessing the advantage of several years' judicial
+experience&mdash;as an equity judge. Thus he addressed himself to <i>the point</i>
+of the case:&mdash;</p>
+
+<h4>"<i>Is there error upon the record?</i>"</h4>
+
+<p>* * * Did not the court below pass sentence upon the offences charged in
+the <i>first</i>, <i>second</i>, <i>third</i>, <i>fourth</i>, <i>sixth</i>, and <i>seventh</i> counts
+in the indictment, as well as upon the offences charged in the other
+counts? The record of that court tells us that it <i>did</i>; and if we are
+to see whether there be any error on that record, and adopt the
+unanimous opinion of the judges, that those six counts, or the findings
+on them, are so bad that no judgment upon them would be good, how can we
+give judgment for the defendant, and thereby declare that there is <i>no
+error</i> in the record? The answer which has been given to this objection
+appears not only unsatisfactory, but inadmissible. It is said that we
+must presume that the court below gave judgment, and passed sentence,
+only with reference to the unobjectionable counts and findings. That
+would be to presume that which the record negatives. By that record the
+court tells us that the sentence on each defendant was 'for his offences
+aforesaid,' after enumerating all those charged in the indictment. Are
+we, after and in spite of this, to assume that this statement is false,
+and that the sentence was upon one-half only of the offences charged? *
+* * We can look to the record only for what passed in the court below;
+and as that tells us the sentence was passed <i>upon all the offences of
+which the jury had found the defendants guilty</i>, we cannot presume to
+the contrary of such a statement. It would be the presumption of a fact,
+the contrary of which was known to all to be the truth. The argument
+supposes the court below to have been right in all particulars; but the
+impossibility of doing so on this record was felt so strongly, that
+another argument was resorted to, (not very consistently with the
+judgment, for it assumes that the jury may have been wrong upon every
+count but one,) namely, that a court of error has to see only that there
+is <i>some one offence properly charged</i>, or a punishment applicable to it
+inflicted; and then, that being so, that as to all the other counts the
+court below was wrong&mdash;all such other counts or findings being bad.</p>
+
+<p>"Consider what is the proposition contended for. Every count in an
+indictment for misdemeanour is supposed to apply to a different offence:
+they often do so, and always may; a prosecutor having the option of
+preparing a separate indictment for each, or of joining all as one. If
+he adopt the former course, he must, to support the sentence, show each
+indictment to be right. If he adopt the latter course&mdash;viz. going upon
+one indictment containing several counts, and one sentence is pronounced
+upon all the counts, according to the proposition now contended for;
+suppose the sentences to be bad on all the counts <i>but one</i>, that one
+applying to the most insignificant offence of the whole; a court of
+error, it is said, has no right to interfere! That is to say, it cannot
+correct error except such error be <i>universal</i>;&mdash;no matter how important
+that error, no matter how insignificant the portion which is right, nor
+what may have been the effect of such error! The proposition will no
+longer be 'in <i>nullo</i> est erratum,' but that the error is
+not&mdash;<i>universal</i>. If neither of these arguments<span class='pagenum'><a name="Page_558" id="Page_558">[Pg 558]</a></span> prove that there is
+manifest error upon the record, and it is not for a court of error to
+enter into any consideration of the effect which such error may have
+produced, it has no power to alter the verdict, and can form no opinion
+of its propriety and justice from mere inspection of the record, which
+is all the judicial knowledge a court of error has of the case. <i>Upon
+what ground</i> is it to be assumed, in any case, that the court below, if
+aware of the legal insufficiency of any of the counts, or of the
+findings upon them, would have awarded the same punishment? It <i>could</i>,
+probably, do so in many cases&mdash;but in many it as certainly would not. If
+the several counts were only different modes of stating the same
+offence, the insufficiency of some of those counts could not affect the
+sentence; but if the different counts stated&mdash;as they well
+might&mdash;actually different misdemeanours, and, after a verdict of guilty
+<i>upon all</i>, it were found that some of <i>such</i> counts&mdash;that is, that some
+of the misdemeanours&mdash;charged, must be withdrawn from the consideration
+of the court, by reason of defects in either the counts themselves or
+the findings upon them, it cannot, in many cases, be supposed that the
+sentence could be the same as if the court had the duty thrown upon it
+of punishing <i>all the offences charged</i>. This may be well illustrated by
+supposing an indictment for two libels in different counts&mdash;the first of
+a slight, the other of an aggravated character&mdash;and verdict and judgment
+upon both; and the count charging the malignant libel, or the finding on
+it, held to be bad. Is the defendant to suffer the same punishment as if
+he had been properly found guilty of the malignant libel?" The reason
+why the rule in civil actions does not apply to <i>motions in arrest of
+judgment</i> in criminal cases, is plainly this:&mdash;because the court,
+<i>having the sentence in its own hands</i>, will give judgment 'on the part
+which is indictable'&mdash;and the failure of part of the charge will go only
+to lessening the punishment. These reasons, however, have plainly no
+application to <i>writs of error</i>; because <i>a court of error</i> <span class="smcap">cannot</span>, <i>of
+course, confine the judgment to those parts which are indictable, or
+lessen it, as the different charges are found to fail</i>."</p>
+
+<p>"The only inconvenience," added his lordship, "which can arise from the
+rule we are laying down, will be, that the prosecutor must be careful as
+to the counts on which he means to rely: <i>the evidence at the trial</i>
+must afford him the means of making the selection&mdash;and the defendant has
+now the means of compelling him to do so."</p>
+
+<p>Such was, in substance, Lord Cottenham's judgment. He read it in his
+usual quiet, homely, matter-of-fact manner, as if he were not at all
+aware of, or cared not for, the immense importance and public interest
+attaching to the publication of the conclusion at which he had arrived.</p>
+
+<p>Then rose Lord Campbell. In a business-like and satisfactory manner he
+went briefly over all the points which had been made by the plaintiffs
+in error, disposing of them all in favour of the crown, (expressing,
+however, doubts on the subject of the challenge to the array,) till he
+came to <span class="smcap">the point</span>&mdash;which he thus approached:&mdash;"I now come, however, to
+considerations which induce me, <i>without hesitation</i>, humbly to advise
+your lordships to reverse this judgment." He was brief but pithy in
+assigning his reasons.</p>
+
+<p>"According to the doctrine contended for on the part of the crown," said
+his lordship, adopting two cases which had been put by, we believe, Mr
+Peacock in his argument, "the following case may well happen. There may
+be an indictment containing two counts, A and B, for separate offences;
+A being a good count, B a bad one. The court below may think A bad and B
+good; and proceed to sentence the defendant to a heavy punishment merely
+in respect of B, which, though it may contain in reality not an offence
+in point of law, they may consider to contain one, and of signal
+turpitude. On a writ of error, the court above clearly sees that B is a
+bad count; but cannot reverse the judgment, because there stands count A
+in the indictment&mdash;and which, therefore, (though for a common assault
+only,) will support the heavy fine and imprisonment <i>imposed in respect
+of count B</i>! Let me suppose another case. An indictment<span class='pagenum'><a name="Page_559" id="Page_559">[Pg 559]</a></span> contains two
+counts: there is a demurrer<a name="FNanchor_13_13" id="FNanchor_13_13"></a><a href="#Footnote_13_13" class="fnanchor">[13]</a> to each count: each demurrer is
+overruled, and a general judgment given that the defendant, 'for his
+offences aforesaid,' shall be fined and imprisoned. Is it to be said,
+that if he bring a writ of error, and prove one count to be bad, he
+shall have no relief unless he shows the other to be bad also?"</p>
+
+<p>He concluded a brief commentary (substantially identical with that of
+Lord Cottenham) on the authorities cited, by affirming that "there was
+neither text-book, decision, nor <i>dicta</i> to support a doctrine so
+entirely contrary to principle."</p>
+
+<p>This is how his lordship thinks the like mischief may be obviated in
+future:&mdash;</p>
+
+<p>"If bad counts are inadvertently introduced, the mischief may be
+<i>easily</i> obviated by taking a verdict of acquittal upon them&mdash;by
+entering a <i>nolle prosequi</i> to them, or by seeing that the judgment is
+expressly stated to be on the good counts only, which alone could
+prevent the bad counts from invalidating the judgment upon a writ of
+error."</p>
+
+<p>As to the notion that the judges were uninfluenced in passing sentence
+by the first three counts, on which there were numerous findings, he
+observed, that&mdash;"We cannot resort to the <i>palpably incredible fiction</i>
+that the judges, in violation of their duty, did not consider the guilt
+of the parties aggravated by the charges in these three counts, and
+proportionally increase their punishment."</p>
+
+<p>After an unsuccessful attempt on the part of one or two lay peers who
+had not heard the whole argument, to vote&mdash;which was resisted by both
+the Lord Chancellor and Lord Wharncliffe, and Lords Brougham and
+Campbell&mdash;the Lord Chancellor finally put the question:&mdash;</p>
+
+<p>"Is it your lordships' pleasure that this judgment be reversed?&mdash;As many
+as are of that opinion, will say '<i>Content</i>.' As many as are of a
+contrary opinion, will say '<i>Not Content</i>.'"</p>
+
+<p>"<i>Content!</i>" exclaimed Lords Denman, Cottenham, and Campbell.</p>
+
+<p>"<i>Not Content!</i>" said the Lord Chancellor and Lord Brougham.</p>
+
+<p><i>Lord Chancellor.</i> "The <i>Contents</i> have it. The judgment is Reversed."</p>
+
+<p>The instant after these pregnant words had been uttered, there was a
+rush of persons, in a state of the highest excitement and exultation,
+towards the door; but the lords calmly proceeded to give judgment in a
+number of ordinary appeal cases. The Attorney-General for Ireland, who
+had been watching the whole of the day's proceedings with close
+attention, heard the result with perfect composure; but as several
+portions of the judgments of Lords Denman, Cottenham, and Campbell were
+being delivered, a slight sarcastic smile flitted over his features. As
+we have mentioned him, let us take this opportunity of bearing testimony
+to the very great ability&mdash;ability of the highest order&mdash;with which he
+has discharged <i>his</i> portion of the duty of conducting these
+proceedings, unprecedented in their harassing complexity and their
+overwhelming magnitude. He has manifested throughout&mdash;'bating a little
+irritability and strictness in petty details at starting&mdash;a
+self-possession; a resolute determination; a capability of coping with
+unexpected difficulty; a familiarity with constitutional law; a mastery
+over the details of legal proceedings; in short, a degree of forensic
+ability, which has been fully appreciated by the English bar, and
+reflects credit upon those who placed him in his arduous and responsible
+office. In terms of similar commendation we would speak of the Irish
+Solicitor-General, (Mr Sergeant Green.) Accustomed as we are to witness
+the most eminent displays of forensic ability, we feel no hesitation in
+expressing our opinion, that the Solicitor-General's reply at the trial,
+and the Attorney-General's reply on the motion for a new trial, were as
+masterly performances as have come under our notice for very many years.</p>
+
+<p>We have thus laid before our readers, with the utmost candour and care,
+this truly remarkable case; and at a length which, though considerable,
+is<span class='pagenum'><a name="Page_560" id="Page_560">[Pg 560]</a></span> by no means incommensurate with its permanent interest and
+importance. We believe that we have, in the foregoing pages, furnished
+all persons, of average intellect and information, with the means of
+forming for themselves a sound opinion as to the propriety or
+impropriety of reversing the judgment of the court below. We have given
+the arguments on both sides with rigid impartiality, and supplied such
+information, in going along, as will enable the lay reader thoroughly to
+understand them. This is a question which all thinking persons must
+needs regard with profound interest and anxiety. If, in the deliberate
+opinion of the country, the judgments of the High Court of Parliament
+are habitually, though unconsciously, warped by party and political
+feelings and prejudices; if, with such views and intentions, they have
+strained and perverted the law of the land, wickedly sheltering
+themselves under the unfortunate difference of opinion existing among
+the judges, those who have been guilty of it will justly stand exposed
+to universal execration. It is no light matter even to propose such a
+possibility as that of profligacy or corruption in the administration of
+justice; above all, in the highest tribunal in the land&mdash;the place of
+last resort for the subject. It is always with pain and regret that we
+hear, even in the height of political excitement and hostility, the
+faintest imputation from any quarter on judicial integrity. We have
+watched this case from first to last; and especially examined over and
+over again, in a spirit of fearless freedom, the grounds assigned for
+reversing the judgment, and the position and character of those by whose
+<i>fiat</i> that result was effected. We cannot bring ourselves to believe
+any thing so dreadful as that three judicial noblemen have deliberately
+violated their oaths, and perpetrated so enormous an offence as that of
+knowingly deciding contrary to law. Those who publicly express that
+opinion, incur a very grave responsibility. We are ourselves zealous,
+but independent supporters of the present government; we applaud their
+institution of these proceedings; no one can lament more bitterly than
+we do, that O'Connell should, like many a criminal before him, have
+escaped from justice through a flaw in the indictment; yet with all
+this, we feel perfectly satisfied that the three peers who reversed the
+judgment against him, believed that they were right in point of law.
+When we find so high an authority as Mr Baron Parke&mdash;as far as politics
+are concerned, a strong Conservative&mdash;declaring that he cannot possibly
+bring himself to concur in opinion with his brethren; that another
+judge&mdash;Mr Justice Coltman&mdash;after anxious deliberation, also dissents
+from his brethren; and when we give each of these judges credit for
+being able to appreciate the immense importance of <i>unanimity</i> upon such
+a case as the present, had it been practicable&mdash;can it seem really
+unreasonable or surprising, that a corresponding difference of opinion
+should exist among the peers, whose judicial duty it was to decide
+finally between the judges? It <i>is</i>, certainly, a matter calculated to
+attract a <i>moment's</i> attention, that the judgment should have been
+reversed by the votes of three peers who concur in political opinion,
+and opposition to the government who instituted the prosecution. But in
+fairness, put another possible case. Suppose Lord Abinger had been
+alive, and had concurred with the Chancellor and Lord Brougham, would
+not another class of ardent partisans as naturally have remarked
+bitterly upon the coincidence of opinion between the peers whose three
+voices concurred in supporting the judgment of the court below?</p>
+
+<p>While we thus entirely exonerate Lords Denman, Cottenham, and Campbell
+from all imputation of intentionally giving effect to party and
+political bias, it is difficult to suppose them, or any other peer,
+entirely free from <i>unconscious</i> political bias; but in the nature of
+things, is it not next to impossible that it should be otherwise, in the
+case of men who combine in their own persons the legislative and
+judicial character, and in the former capacity are unavoidably and
+habitually subject to party influences? When a Judicial question is
+under consideration, of such extreme doubtfulness as almost to justify a
+vote either way, (we must deal with men and things as we find them,) can
+it excite great surprise, if even in the most honourable minds a
+political<span class='pagenum'><a name="Page_561" id="Page_561">[Pg 561]</a></span> bias should <i>unconsciously</i> evince its presence, and just
+turn the scale?</p>
+
+<p>But here the case has turned upon one single point of the purest
+technicality, which the House of Lords has deemed sufficient to cause a
+reversal of the judgment of the court below; and the question is, have
+they done rightly? Are they right or wrong in point of strict law? In
+the language of Mr Justice Williams&mdash;the objection raised in behalf of
+the traversers "is purely of a technical nature, and to be examined in
+the same spirit of minute and exact criticism in which it was
+conceived."<a name="FNanchor_14_14" id="FNanchor_14_14"></a><a href="#Footnote_14_14" class="fnanchor">[14]</a></p>
+
+<p>The dry question, then, is this: Is it a rule, a principle, a custom, of
+English law, that one good count will sustain a general judgment upon a
+writ of error in a criminal case, although there should be also bad
+counts in the indictment? Is that a "custom or maxim of our law," or is
+it not? First, then, how is this to be ascertained? The illustrious
+commentator on the laws of England, Mr Justice Blackstone,<a name="FNanchor_15_15" id="FNanchor_15_15"></a><a href="#Footnote_15_15" class="fnanchor">[15]</a> shall
+answer:&mdash;</p>
+
+<p>"Established <i>customs</i>, <i>rules</i>, and <i>maxims</i>, I take to be one and the
+same thing. For the authenticity of these maxims <i>rests entirely upon
+reception and usage</i>; and the only method of proving that this or that
+maxim is a rule of the common law, <i>is by showing that it hath been
+always the custom to observe it</i>. But here a very natural and very
+material question arises: how are these customs or maxims to be known;
+and by whom is their validity to be determined? The answer is, by the
+judges in the several courts of justice. They are the depositaries of
+the laws&mdash;<i>the living oracles, who must decide in all cases of doubt</i>,
+and are bound by an oath to decide according to the law of the land."</p>
+
+<p>These judges were appealed to by the House of Lords upon the present
+occasion; and by an overwhelming majority "distinctly, clearly, and
+decidedly" declared that the rule in question was a rule of the English
+law. <i>They had heard all the arguments calling its existence in
+question</i> which Lord Denman, Lord Cottenham, and Lord Campbell had
+heard; they were <i>in the daily and hourly administration of that branch
+of the law with reference to which the question arose</i>; they took ample
+time to consider the matter, and deliberately affirmed the existence of
+the rule, and the valid grounds on which it rested. The highest legal
+authority in the land, the Lord Chancellor, corroborated their decision,
+declaring that it "has always been considered as a clear, distinct, and
+undoubted principle of the criminal law, that one good count could
+sustain a general judgment on a writ of error." Are Lord Lyndhurst and
+Sir Nicholas Tindal, with eight of the judges, palpably and manifestly
+wrong? It is certainly <i>possible</i>, though not, we presume, very
+probable.</p>
+
+<p>We fully recognise the <i>right</i> of the judicial peers to examine the
+validity of the reasons assigned by the judges, and to come to a
+conclusion opposite to theirs. We apprehend that the long recognition,
+alone, of the existence of a rule, does not prevent its being impeached
+on sufficient reasons. Lord Tenterden, as cautious and accurate judge as
+ever presided over a court of justice, thus expressed himself in
+delivering the judgment of the court on a question of mercantile
+law<a name="FNanchor_16_16" id="FNanchor_16_16"></a><a href="#Footnote_16_16" class="fnanchor">[16]</a>&mdash;"It is of great importance, in almost every case, that a rule
+once laid down, and firmly established, and continued to be acted upon
+for many years, should not be changed, <i>unless it appears clearly to
+have been founded on wrong principles</i>." Have, then, Lords Denman,
+Cottenham, and Campbell, succeeded in showing the rule in question to
+have been founded on wrong principles?</p>
+
+<p>After as close and fair an examination of the judgments given in the
+House of Lords as we are capable of bestowing upon any subject, we have
+arrived at the conclusion that the Chancellor and judges were plainly
+right, and the peers who differed from them as plainly wrong. They
+doubtless believed that they were eradicating an erroneous and
+mischievous practice from the administration of criminal law; but we
+entertain grave fears that they have not duly considered the many
+important reasons<span class='pagenum'><a name="Page_562" id="Page_562">[Pg 562]</a></span> and necessities out of which that practice
+originated, and which, in our opinion, will require the legislature
+either to restore it, or devise some other expedient in lieu of it&mdash;if
+one so efficacious <i>can</i> be found&mdash;after a very brief experience of the
+practical mischiefs and inconveniences which the decision of the House
+of Lords will entail upon the administration of criminal justice.</p>
+
+<p>Mr Justice Coltman observes,<a name="FNanchor_17_17" id="FNanchor_17_17"></a><a href="#Footnote_17_17" class="fnanchor">[17]</a> that "in old times an indictment
+contained one single count only;" and that, "now it has become usual to
+insert <i>many</i> counts." It <i>has</i> become usual&mdash;it should rather be said
+<i>necessary</i>; but why? Because of the rigid precision which the law, in
+spite of the subtle and complicated character of its modern mode of
+administration, has long thought fit to require for the protection of
+the subject, in the statement of an offence charged against an
+individual. Unless that degree of <i>generality</i> in framing criminal
+charges, which has been so severely reprobated, in the present instance,
+by Lord Denman, and which led the judges unanimously to condemn the
+sixth and seventh counts, shall be henceforth permitted, justice <i>must</i>,
+so to speak, be allowed to have many strings to her bow; otherwise the
+very great distinctness and particularity which constitute the legal
+notion of <i>certainty</i>, are only a trap and a snare for her. There is a
+twofold necessity for allowing the reasonable multiplication of counts:
+one, to meet the difficulty often arising out of the adjustment of the
+statement in the charge to the evidence which is to support it; and the
+other, to obviate the great difficulty, in many cases, of framing the
+charge with perfect legal certainty and precision. Look for a striking
+illustration at the sixth and seventh counts of this very indictment.
+Few practical lawyers, we venture to think, would have pronounced them
+insufficient, before hearing those numerous astute and able arguments
+which have led the judges to that conclusion; and what if these had been
+the <i>only</i> counts, or one of them the sole count? Of course, justice
+would have been defeated. Now the rule, custom, or practice&mdash;call it
+what you will&mdash;which has been annulled by the House of Lords, was
+admirably adapted to meet, in combination with the allowance of several
+counts, the practical and perhaps inevitable difficulties which beset
+the attempt to bring criminals to justice; to prevent any injurious
+consequences from either <i>defective</i> or <i>unproved</i> counts; and we think
+we may truly state, that no single instance as adduced during the
+argument, of actual mischief or injury occasioned to defendants by the
+operation of this rule&mdash;we believe we may safely defy any one now to
+produce such a case. It is certainly possible for an anxious straining
+ingenuity to <i>imagine</i> such cases; and where is the rule of law, which,
+in the infirmity of human institutions, cannot be shown capable of
+occasioning <i>possible</i> mischief and injustice?</p>
+
+<p>One important distinction has not, we venture to think, been kept
+constantly in view by the House of Lords in arriving at their recent
+decision; we mean, the distinction between <i>defective</i> counts and
+<i>unproved</i> counts. It was principally in the former case that the
+annulled rule operated so advantageously for the interests of justice.
+Let us suppose a case. A man is charged with an offence; and the
+indictment contains three counts, which we will call A, B, C&mdash;each
+differently describing the same offence. He is proved in court to have
+actually done an act to which the law annexes a punishment, and a
+general verdict and judgment, awarding the correct <i>kind</i> of punishment,
+are given and entered. If it afterwards became necessary to "make up"
+the record&mdash;<i>i. e.</i> to enter the proceedings in due and full form&mdash;it
+might appear that count A was essentially defective, as containing no
+"offence" at all. But what did that signify&mdash;or what would it have
+signified if count B had also been bad&mdash;provided count C was a good one,
+and warranted the punishment which had been inflicted? The only
+consequence was, that the indictment was a little longer than it turns
+out that it needed to have been.<span class='pagenum'><a name="Page_563" id="Page_563">[Pg 563]</a></span> Though several hooks had been used in
+order to give an additional chance of catching the fish, that was not
+regretted, when, the fish having been caught, it turned out that two out
+of the three had not been strong enough; and that, had they alone been
+used, the fish must have escaped.</p>
+
+<p>Let us see how the new rule laid down by the House of Lords will operate
+in future, in such a case as the one above supposed; bearing in mind
+that it will have to be acted upon, not merely by the judges of the
+superior courts at the assizes, but by the chairmen&mdash;the <i>lay</i>
+chairmen&mdash;of the courts of Quarter-Sessions. Let us imagine the
+indictment to be a long one, and each count necessarily complicated in
+its allegations and refinements, to meet very doubtful facts, or very
+doubtful language in an Act of Parliament. A great number of prisoners
+are to be tried; but, nevertheless, the judge (lay or professional) has
+mastered the formidable record, and points out to the jury two bad
+counts, A and B, as either not hitting the facts of the case or the
+language of the act&mdash;possibly neither. He orders them to be quashed, or
+directs a verdict of not guilty upon them. He then has the verdict and
+judgment entered accordingly on count C, (the count which he considers
+good.) The record is afterwards made up; a writ of error brought; the
+only count on which the judgment is given being C, the court of error
+<i>decides that it is bad</i>, reverses the judgment, and the prisoner is
+discharged; or the country is put to the expense and trouble of
+bringing, and the prisoner unjustly harrassed by, fresh proceedings,
+which may, perhaps, end as disastrously as before!</p>
+
+<p>To escape from these serious difficulties, it is proposed by Lord
+Denman,<a name="FNanchor_18_18" id="FNanchor_18_18"></a><a href="#Footnote_18_18" class="fnanchor">[18]</a> to leave the legal sufficiency of the counts for discussion
+before a court of error, and to pass, not one sentence, but three
+distinct sentences on each count respectively, apportioning to the
+offence thereby apparently charged, the degree of punishment due to the
+guilt disclosed. Keeping his eye on the alarming possibility of a
+reversal of judgment, what difficulties will not beset the path of the
+judge while engaged on this very critical duty? And why may not the
+indictment, for <i>necessary</i> caution's sake, contain, as there often are,
+ten, fifteen, or twenty counts? we shall then have ten or fifteen
+distinct sentences delivered in open court&mdash;engrossed on the record&mdash;and
+dangling at once around the neck of the astounded and bewildered
+prisoner. Is <i>such</i> a method of procedure calculated to secure respect
+for the administration of justice, even if, by means of such devices,
+the ends of justice should be ultimately secured, though it is easy to
+imagine cases in which such devices would, after all, fail; and we had
+framed several illustrations of such possibilities, but our limits
+forbid their insertion: instances illustrating the mischievous operation
+of the rule, equally in cases of defective and unproved counts&mdash;of
+felonies and misdemeanours&mdash;and in the latter case, whether the
+indictment contained several offences, or only varied statements of one
+offence. In the case first put, what a temptation the new rule holds out
+to criminals who may be able to afford to bring a writ of error, and so
+seriously embarrass the administration of justice! And if too poor to do
+it, he will, under the operation of the new rule, be suffering
+punishment unjustly; for the only count selected may be bad, or some one
+only of several may be bad, and the judgment ought to be reversed. What
+was the operation of the old rule? Most salutary and decorous. No public
+account was taken of the innocuous aims, so to speak, taken by justice,
+in order to hit her victim. If he fell, the public saw that it was in
+consequence of a blow struck by her, and concerned themselves not with
+several previous abortive blows. The prisoner, knowing himself <i>proved</i>
+actually guilty, <i>and the numerous chances existing against him on the
+record</i>, if he chose to make pettifogging experiments upon its technical
+sufficiency, submitted to his just fate.</p>
+
+<p>Let us take one more case&mdash;that of <i>murder</i>: we fear, that on even such
+solemn and awful occasions, the new rule will be found to operate most
+disadvantageously.<span class='pagenum'><a name="Page_564" id="Page_564">[Pg 564]</a></span> There are necessarily several, possibly many,
+counts. Mr Baron Parke<a name="FNanchor_19_19" id="FNanchor_19_19"></a><a href="#Footnote_19_19" class="fnanchor">[19]</a> admits, that here the old rule should apply;
+viz. a general judgment of death, which shall not be vitiated by one, or
+several bad counts, if there be a single good one. The new rule since
+laid down, says, however, the contrary; that judgment must be reversed
+for a single bad count. Lord Denman, to meet this difficulty, would pass
+sentence "upon some one"<a name="FNanchor_20_20" id="FNanchor_20_20"></a><a href="#Footnote_20_20" class="fnanchor">[20]</a> of them, and thereby exhaust the materials
+of punishment, and so in effect give a "judgment for one felony." <i>But
+how is the record to be dealt with?</i> If the prisoner choose to bring a
+writ of error, and show a single bad count, must not the judgment be
+reversed if entered generally? And if entered on one count with not
+guilty on all the others; and that one count proved bad, while even <i>a
+single one</i> of the rejected counts is good, and would have been
+supported by the evidence given at the trial, the prisoner can plead
+<i>autrefois acquit</i> to a fresh indictment, and so get off scot-free,
+after having been incontestably proved guilty of the act of murder!
+Suppose then, to avoid so fearful a result, separate sentences of death
+be passed, to say nothing of the unseemliness of the transaction in open
+court, which <i>might</i> be avoided: but how can it be avoided <i>on the
+record</i>, upon which it must be entered? Mr Baron Parke pronounces that
+such a procedure would be "<i>superfluous, and savour of absurdity</i>,"<a name="FNanchor_21_21" id="FNanchor_21_21"></a><a href="#Footnote_21_21" class="fnanchor">[21]</a>
+and that therefore, "in such a case, the general judgment <i>might</i> be
+good!" Thus, in order to <i>work</i> the new rule, Mr Baron Parke is forced
+to make the case of murder a double exception&mdash;viz. to the <i>adoption</i> of
+the new rule at the trial, and then to the <i>operation</i> of the new rule
+before the court of error, which must then hold that a single bad, or a
+dozen bad counts, will <i>not</i> vitiate a general judgment, if sustained by
+one good count! Does not all this suffice to show the desperate shifts
+to which even two such distinguished judges are driven, in order to
+support the new rule, and conceal its impracticability? Then why should
+the old lamp be exchanged for the new?</p>
+
+<p>We entertain, we repeat, very grave apprehension that the House of Lords
+has treated far too cavalierly the authority of the great Lord
+Mansfield, than whom a more enlightened, learned, and cautious a judge
+probably never administered justice among mankind. He was not a man
+accustomed, in delivering his judgments, to "utter things <i>needlessly</i>
+and <i>inconsiderately</i>," as he is now charged with doing;<a name="FNanchor_22_22" id="FNanchor_22_22"></a><a href="#Footnote_22_22" class="fnanchor">[22]</a> and when he
+declared the established rule of criminal law to be that which has now
+been so suddenly abrogated, he spoke with the authority which nearly
+thirty years' judicial experience attaches to the opinion of a
+responsible master-mind. We ask with deep anxiety, what will be the
+consequences of thus lightly esteeming such authority?&mdash;of impugning the
+stability of the legal fabric, by asserting one-half of its materials to
+consist merely of "law taken for granted?"<a name="FNanchor_23_23" id="FNanchor_23_23"></a><a href="#Footnote_23_23" class="fnanchor">[23]</a>&mdash;and, consequently, not
+the product of experience and wisdom, and to be got rid of with
+comparative indifference, in spite of the deliberate and solemn judgment
+of an overwhelming majority of the existing judicial authorities of the
+land.</p>
+
+<p>The rule just abrogated has, for a long series of years&mdash;for a century
+and a half&mdash;obviated a thousand difficulties and evils, even if it
+should be admitted that the end was gained at the expense of some
+imperfections in a speculative and theoretical point of view, and with
+the risk of <i>possibly</i> inflicting injustice in some case, which could be
+imagined by an ingenious and fertile fancy. The old rule gave ten
+chances to one in favour of justice; the new one gives ten chances to
+one <i>against</i> her. We may be mistaken, but we cannot help imagining,
+that if Lord Cottenham, unquestionably so able as an equity judge, had,
+on the maxim <i>cuique su&acirc; arte credendum</i>, given a little more weight to
+the opinions of those whose whole lives had been passed, not in equity,
+but criminal courts, or had seen for himself<span class='pagenum'><a name="Page_565" id="Page_565">[Pg 565]</a></span> the working of the
+criminal law, he would have paused before disturbing such
+complicated&mdash;necessarily complicated&mdash;machinery, and would not have
+spoken of the consequences as being so very slight and unimportant&mdash;nay,
+as so very beneficial.</p>
+
+<p>It was suggested by the three peers, that the old rule had no better
+foundation than the indolence, slovenliness, and negligence of
+practitioners, whom the salutary stringency of the new rule would
+stimulate into superior energy and activity. We cannot help regarding
+this notion, however&mdash;for the preceding, among many other reasons&mdash;as
+quite unfounded, and perhaps arising out of a hasty glance at the
+alterations recently introduced into <i>civil</i> pleadings and practice. But
+observe, it required <i>an act of Parliament</i> to effect these alterations,
+(stat. 3 and 4 Will. IV. c. 42,) the very first section reciting the
+"<i>doubts which might arise as to the power of the judges to make such
+alterations without the authority of Parliament</i>;" and yet the state of
+the laws calling for such potent interference was in an incomparably
+more defective and mischievous state than is imputed to the present
+criminal law. Then, again, any practical man will see in a moment, that
+the strictness of the new system of civil pleading, which to this moment
+occasions not infrequently a grievous failure of justice, with all the
+ample opportunities afforded for deliberate examination and preparation
+of the pleadings, cannot be safely applied to criminal law for many
+reasons, principally because it rarely admits of that previous
+deliberation in drawing the indictment, which must be based upon the
+often inaccurate statement of facts supplied by the depositions; and
+because a defect in them is, generally speaking, irremediable and fatal,
+and crime goes unpunished. If the new rule is to be really acted upon in
+future, we must, in some way or other, alter the whole machinery of the
+criminal law: but how to do so, without seriously interfering with the
+liberty of the subject, we know not.</p>
+
+<p>We affirm, therefore, that the old rule&mdash;viz. that one good count would
+support a general verdict and judgment, though the indictment contained
+bad ones also&mdash;was a beneficial rule, calculated to obviate <i>inevitable</i>
+difficulties; and its policy was so transparent to all the great
+intellects which have, both as judges or counsel, been for so long a
+series of years concerned in criminal cases, that no one ever thought of
+questioning it. The supposition of the three peers is one not very
+flattering to the distinguished predecessors, with the great Lord
+Mansfield at their head&mdash;all of whom it charges with gross negligence,
+ignorance, and, in plain words, stupidity&mdash;in overlooking, from time to
+time, a point so patent and glaring. The Lord Chancellor's answer to
+their argument is triumphant; and we refer the reader to it.<a name="FNanchor_24_24" id="FNanchor_24_24"></a><a href="#Footnote_24_24" class="fnanchor">[24]</a> We
+respectfully and firmly enter our protest against Lord Denman's mode of
+getting rid of the efficacy of a custom or practice which has been so
+long observed by the profession; and regard it as one calculated to sap
+the foundations of the common law of the land. An opinion, a practice
+which has stood its ground for so long a series of years <i>unchallenged</i>,
+amidst incessant provocation to challenge it&mdash;and that, too, in the case
+of men of such vigilant astuteness, learning, and determination as have
+long characterized the English Bench and Bar&mdash;rest upon as solid grounds
+as are conceivable, and warrants it subversion only after profound
+consideration, and <i>repeated evidence of its mischievous operation</i>. Was
+any such evidence offered in the argument at the Bar of the House of
+Lords, of persons who had suffered either a kind or a degree of
+punishment not warranted by law? None: but several cases were put in
+which&mdash;in spite of past experience to the contrary&mdash;inconvenience and
+injustice <i>might possibly</i> be conceived to occur hereafter!</p>
+
+<p>What, then, led to this error&mdash;for error we must call it? Let us
+candidly express our opinion that the three peers were fairly
+"<i>overpowered</i>"&mdash;to adopt the frank acknowledgment of one of the most
+distinguished among them&mdash;by the plausible<span class='pagenum'><a name="Page_566" id="Page_566">[Pg 566]</a></span> fallacies urged upon them,
+with such unprecedented pertinacity and ingenuity, by the traversers'
+counsel. They have been influenced by certain disturbing forces, against
+which they ought to have been vigilantly on their guard, and which we
+shall now venture to specify, as having occasioned their <i>forgetfulness
+of the true province of a court of error</i>&mdash;of the functions and duties
+of the members of such a court. A <span class="smcap">court of error</span> occupies a high, but
+necessarily a very limited, sphere of action. Their observations and
+movements are restricted to the examination of a single document, viz.
+the record, which they are to scrutinize, as closely as possible,
+without regard to any of the incidents which may have attended the
+progress of the events narrated in it, if these incidents do not appear
+upon record: and they must be guided by general principles&mdash;not such as
+might properly regulate a certain special and particular case, but such
+as would guide them in all cases. And this is signified by the usual
+phrase, that they "must not travel out of the record." Now, we defy any
+one to read the judgments of the three peers, without detecting the
+undue influence which one extrinsic and utterly inadmissible fact has
+had upon their minds; viz. the fact, that the court below had actually
+<i>affirmed</i> the validity of the two bad counts. They speak of its being
+"<i>against notorious facts</i>"&mdash;against "<i>common probabilities</i>," a
+"palpably incredible fiction"&mdash;to conclude from the language of the
+record, that the "offences" there mentioned did not include the pseudo
+offences contained in the sixth and seventh counts. In this particular
+case, it <i>did</i> undoubtedly happen, in point of fact, that the court
+below decided these counts to be valid counts: but the court of error
+can take no cognisance whatever of extrinsic facts. <i>Their</i> only source
+of information&mdash;<i>their</i> only means of knowledge, is <i>the record</i>&mdash;beyond
+the four corners of which they have no power, no authority, to cast a
+single glance; and within which are contained all the materials upon
+which, by law, the judges of a court of error can adjudicate and decide.
+The Court, in the present case, ought thus to have contemplated the
+record in the abstract&mdash;and with reference to the <i>balance of
+possibilities</i> in such cases, that the court below had affirmed, or
+condemned the vicious counts: which very balance of possibilities shows
+the impropriety of being influenced by speculations based on matters
+<i>dehors</i> the record. However numerous and mischievous may have been the
+errors committed by the inferior court, <i>a court of error</i> can take no
+cognisance of them, if they do not appear specifically and positively
+upon the record, however valid may be the claim which these errors may
+notoriously prefer <i>to the interference of the executive</i>. Consider what
+a very serious thing it is&mdash;what a shock to the public confidence in the
+administration of justice&mdash;to reverse a judgment pronounced after due
+deliberation, and under the gravest responsibilities, by a court of
+justice! The law and constitution are properly very tender in the
+exercise of such a perilous power, and have limited it to the case of
+"<span class="smcap">manifest</span>" error&mdash;that is, not the vehement, the immense <i>probability</i>
+that there has been error&mdash;but the <span class="smcap">certainty</span> of such error <i>necessarily
+and exclusively appearing from the record itself</i>. To act upon
+speculation, instead of certainty, in these cases, is dangerous to the
+last degree, and subversive of some of the fundamental principles of
+English jurisprudence. "Judgment may be reversed in a criminal case by
+writ of error," says Blackstone, "for <span class="smcap">notorious</span> (<i>i. e.</i> palpable,
+manifest, patent) mistakes in the judgment, as when a man is found
+guilty of <span class="smcap">perjury</span>, (<i>i. e.</i> of a misdemeanour,) and <span class="smcap">receives the
+judgment of felony</span>." This is the true doctrine; and we submit that it
+demonstrates the error which has been committed in the present instance.
+Let us illustrate our case by an example. Suppose a man found guilty
+under an indictment containing two counts, A and B. To the offence in
+count A, the legislature has annexed one punishment only, viz.
+<i>transportation</i>; to that in count B, <i>imprisonment</i>. The court awards
+sentence of transportation; and, on a writ of error being brought, the
+court above pronounces count A to be bad. Here it appears <span class="smcap">inevitably</span> and
+"manifestly" <i>from the record</i>, that there has<span class='pagenum'><a name="Page_567" id="Page_567">[Pg 567]</a></span> been error; there is no
+escaping from it; and consequently judgment <i>must</i> be reversed. So where
+the judgment is the infliction of punishment "for his offen<i>ces</i>"
+aforesaid: there being only two offences charged, one of which is
+contained in a bad count, containing therefore no "<i>offence</i>" at all.
+Apply this principle to the present case. Does this record, in
+sentencing the defendant "for his offences aforesaid," <i>conclusively</i>
+and <i>necessarily</i> show that the court regarded the sixth and seventh
+counts as containing "offences," and awarded punishment in respect of
+them? We unhesitatingly deny it. The merest tyro can see that it is
+<i>possible</i>&mdash;and, if so, where is the <span class="smcap">necessary</span> error?&mdash;that the judges
+excluded the vicious counts from their consideration; that they knew the
+law, and could discern what were and what were not "offences;" and
+annexed punishment to only true "<i>offences</i>" in the eye of the law. The
+word "offence" is a term of art, and is here used in its strictest
+technical sense. What is that sense? It is thus defined by an accurate
+writer on law: "an <i>offence</i> is an act committed <i>against a law</i>, or
+omitted <i>when the law requires it</i>, and punishable by it."<a name="FNanchor_25_25" id="FNanchor_25_25"></a><a href="#Footnote_25_25" class="fnanchor">[25]</a> This word
+is, then, properly used in the record&mdash;in its purely technical sense. It
+can have no other meaning; and an indictment cannot, with great
+deference to Mr Baron Parke,<a name="FNanchor_26_26" id="FNanchor_26_26"></a><a href="#Footnote_26_26" class="fnanchor">[26]</a> contain an "offence" which is not
+"legally described in it;" that is, unless any act charged against the
+defendant be shown upon the face of the indictment to be a breach of the
+law, no "<i>offence</i>," as regards that act, is contained in or alleged by
+the indictment. The House of Lords, therefore, has exceeded the narrow
+province and limited authority of a <i>court of error</i>, or has presumed,
+upon illegal and insufficient grounds, that the Irish judges did not
+know which were, and which were not "<i>offences</i>," and that they did, in
+fact, consider those to be offences which were not, although the record
+contains matter to satisfy the allegation to the letter&mdash;viz. a
+<i>plurality</i> of real "offences." Where is Lord Campbell's authority for
+declaring this judgment "<i>clearly</i> erroneous in awarding punishment for
+charges which are <i>not offences in point of law</i>?" Or Lord Cottenham's,
+for saying that "the record states that the judgment was <i>upon all the
+counts, bad as well as good</i>?" They have none whatever; their assertions
+appear to us, with all due deference and respect, purely arbitrary, and
+gratuitous fallacies; they do violence to legal language&mdash;to the
+language of the record, and foist upon it a ridiculous and false
+interpretation. We admit, with Lord Cottenham, that "where the sentence
+is of a nature applicable <i>only</i> to the bad counts," it is incurably
+vicious, and judgment must be reversed&mdash;it is the very case which we put
+above; but how does that appear in the judgment under consideration? Not
+at all. The two cases are totally different.</p>
+
+<p>And this brings us to another palpable fallacy&mdash;another glaring and
+serious error into which we cannot help thinking the House of Lords has
+fallen, and which is abundantly evidenced by their judgment: viz. that a
+court of error has any concern whatever with, or can draw any inference
+whatever from, the <span class="smcap">amount</span> of punishment. The reasoning of the judges is
+here perfectly conclusive. "If a sentence be <span class="smcap">of the kind</span> which the law
+allows, the <i>degree</i> of it is not within the competence of a court of
+error. If a fine be an appropriate part of the sentence of a court
+below, the excess of it is no ground of error. What possible line can be
+drawn as to the reasonableness and excess, so as to affect it with
+illegality? It is obvious there can be none. If in <i>this</i> case, the
+sentence had been <i>transportation</i>, the sentence would have been
+<i>illegal</i>: Why? Because not of <i>the kind</i> authorized by law in such a
+case." Any presumption, therefore, made by a court of error, from the
+<i>amount</i> of punishment awarded, as to which of the counts had been taken
+into consideration by the judges in giving their judgment, is manifestly
+based upon insufficient and illegal grounds. Can these principles<span class='pagenum'><a name="Page_568" id="Page_568">[Pg 568]</a></span> have
+been duly pondered by the lords? We fear not. Look at Lord Cottenham's
+supposition of two counts for libel: one for a very malignant one, the
+other for one comparatively innocuous; and a sentence of heavy fine and
+imprisonment passed, evidently in respect of the malignant libel, which
+a court of error decides to be no libel at all. Lord Cottenham appears
+to rely greatly on this supposed case; but is it not perfectly clear,
+that it is not a case of error <i>on the record</i>&mdash;and therefore totally
+inapplicable to the case which he had to consider? The defendant would
+have certainly sustained an injury in that case; Where is the remedy?
+There is <i>no legal</i> remedy, any more than there is when a man has been
+wrongfully <i>acquitted</i> of a manifestly well-proved crime, or unjustly
+convicted of a felony. The mercy, or more properly the sense of
+<i>justice</i> entertained by the <i>executive</i>, must be appealed to in either
+case; such power of interposition having, in the imperfection of human
+institutions, been wisely reserved to the supreme power to afford
+redress in all cases where the <span class="smcap">law</span> cannot. Lord Cottenham's reasoning
+appears to us, in short, based upon two fallacies&mdash;a <i>petitio
+principii</i>, in <i>assuming</i> that judgment was entered upon all the counts;
+the <i>question</i> being, <i>was</i> it so entered? The other is, that a court of
+error is competent to infer, from the <i>amount</i> of punishment, that a
+defendant has been sentenced upon bad counts. Again: the three peers
+admit, that if a sole count contain a quantity of aggravating, but
+really "<i>irrelevant stuff</i>" (to adopt Lord Denman's expression,) it will
+not prejudice the judgment, provided the count also contain matter which
+will legally support that judgment. Why should the judges be given
+credit for being able to discard from consideration these legally
+extrinsic matters in a single count, and not also, by the exercise of
+the very same discretion, be able to discard, in considering the record,
+irrelevant and insufficient counts, such as in the eye of the law have
+no existence, are mere nonentities?</p>
+
+<p>For these, and many other reasons which might be assigned, had we not
+already exceeded our limits, we have, after a close and a candid study
+of the judgments delivered by the three peers, and the convincing, the
+conclusive judgments of the great majority of the judges, come, without
+hesitation, to the conclusion, that the Lords have not merely decided
+incorrectly, but have precipitately removed a chief corner-stone from
+the fabric of our criminal law, and have incurred a very grave
+responsibility in so doing. We cannot help thinking, that they have
+forgotten the fundamental distinction which our constitution makes
+between "jus <i>dare</i>" and "jus <i>dicere</i>." <i>Jus dederunt, non jus
+dixerunt</i>&mdash;an error, however, easily to be accounted for, by a reference
+to their double capacity, and the confusion it occasions between their
+judicial and legislative functions. We view with grave apprehension the
+power exercised by three members of the House of Lords, of overturning
+so well-established a rule and custom as that attested to them by the
+judges. What security have we for the integrity of our common law? In
+the face of the judges' decisions, how decorous and dignified would have
+been the conduct of the House of Lords in giving way, even if they had
+differed from the judges; lamenting that such <i>was</i> the law of the land,
+and resolving to try and persuade the legislature to alter it, as has
+often been done. Witness the statute of 1 and 2 Geo. IV. c. 78, passed
+in consequence of the decision of the House of Lords in <i>Rowe</i> v.
+<i>Young</i>, 2 Brod. and Bing. 165. The House of Commons has resented such
+interference with the laws by the House of Lords; who, in the case of
+<i>Reeve</i> v. <i>Young</i>, (1 Salkeld, 227,) "<i>moved by the hardship of the
+case</i>, reversed the judgments of the courts below, contrary to the
+opinion of all the judges." But the House of Commons, "<i>in reproof of
+this assumption of legislative authority in the Lords</i>," immediately
+brought in the 10 and 11 Will. III. c. 16, which passed into a
+statute.<a name="FNanchor_27_27" id="FNanchor_27_27"></a><a href="#Footnote_27_27" class="fnanchor">[27]</a> May we venture to suggest that the elaborate, and long,
+and<span class='pagenum'><a name="Page_569" id="Page_569">[Pg 569]</a></span> deeply-considered opinions of the judges of the land, who had been
+summoned by the Lords to advise them, were worthy of more than the
+single day, or day and a half's examination which they received before
+they were so peremptorily pronounced to be "<i>clearly</i> erroneous?" And
+may we, with no little pain, suggest to Lord Campbell, that the array of
+<i>Gamaliels</i> at whose feet he had <i>sate</i> during his whole life&mdash;whose
+feet he had indeed so very recently quitted&mdash;whose integrity, whose
+profound learning, whose sagacity, none has had larger experience of
+than he&mdash;are entitled to look at his cavalier-like treatment of their
+best services, with a feeling stronger than that of mere surprise? In
+concluding this long article&mdash;in expressing our conviction of the error
+of the Lords&mdash;we feel one consolation at all events&mdash;that if we err, we
+err in good company; and that we are not conscious of having
+transgressed the limits of legitimate discussion, in exercising as
+undoubted a right of its kind, as these three peers exercised in
+branding so overwhelming a majority of the judges of the land with the
+imputation of ignorance of those laws which all their lives had been
+spent in administering. The very existence of the ancient common law of
+the land is put in jeopardy by such a procedure as that which we have
+been discussing; and our honest conviction, however erroneous, that such
+is the case, will suffice to excuse the freedom of our strictures; if,
+indeed, we require an excuse for echoing the stern declaration of on
+forefathers&mdash;<i>Nolumus leges Angli&aelig; mutari</i>.</p>
+
+<p>As to him who has reaped the benefit of this lamentable miscarriage&mdash;Mr
+O'Connell&mdash;the law of the land has nevertheless been vindicated, and the
+stability of the empire secured, to a far greater extent than he is
+willing to acknowledge. Agitation he must continue; he <i>must</i> play out
+his base and sordid game. But his powers of mischief are manifestly and
+seriously crippled; and we quit him with the language addressed by Pope
+to a mean one of <i>his</i> day&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Uncaged, then let the harmless monster rage&mdash;<br /></span>
+<span class="i0">Secure in dulness, madness, want, and age!"<br /></span>
+</div></div>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_1_1" id="Footnote_1_1"></a><a href="#FNanchor_1_1"><span class="label">[1]</span></a> See the Judgment of the Judges, ordered by the House of
+Lords to be printed, (and from which the quotations in this article have
+been made,) read to the House of Lords by Lord Chief-Justice Tindal, on
+the 2d September 1844.</p></div>
+
+<div class="footnote"><p><a name="Footnote_2_2" id="Footnote_2_2"></a><a href="#FNanchor_2_2"><span class="label">[2]</span></a> State Prosecutions, pp. 9, 10. No. <span class="smcap">cccxxxix.</span> Vol. <span class="smcap">lv.</span></p></div>
+
+<div class="footnote"><p><a name="Footnote_3_3" id="Footnote_3_3"></a><a href="#FNanchor_3_3"><span class="label">[3]</span></a> Blackstone's Commentaries, vol. i. p. 302.</p></div>
+
+<div class="footnote"><p><a name="Footnote_4_4" id="Footnote_4_4"></a><a href="#FNanchor_4_4"><span class="label">[4]</span></a> Several distinct offences may undoubtedly be included, in
+as many counts, in one indictment.</p></div>
+
+<div class="footnote"><p><a name="Footnote_5_5" id="Footnote_5_5"></a><a href="#FNanchor_5_5"><span class="label">[5]</span></a> Two of the defendants' (the two priests) names do not
+appear in the record of the verdict, as one of them (Tyrrell) died
+before the trial, and as to Tierney, the Attorney-General entered a
+<i>nolle prosequi</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_6_6" id="Footnote_6_6"></a><a href="#FNanchor_6_6"><span class="label">[6]</span></a> <i>Comyn's Digest</i>, title <i>Pleader</i>, 3 B. 18.</p></div>
+
+<div class="footnote"><p><a name="Footnote_7_7" id="Footnote_7_7"></a><a href="#FNanchor_7_7"><span class="label">[7]</span></a> This is the proper expression. See <i>M'Queen's Practice of
+the House of Lords,</i> p. 256. "They are summoned <i>for their advice in
+point of law</i>, and the greater dignity of the proceedings" of the
+Lords.&mdash;(<i>Blackst, Comm.</i> p. 167.)</p></div>
+
+<div class="footnote"><p><a name="Footnote_8_8" id="Footnote_8_8"></a><a href="#FNanchor_8_8"><span class="label">[8]</span></a> 1 <i>Blackstone's Commentaries,</i> p. 69.</p></div>
+
+<div class="footnote"><p><a name="Footnote_9_9" id="Footnote_9_9"></a><a href="#FNanchor_9_9"><span class="label">[9]</span></a> Opinions of the Judges, &amp;c.&mdash;(Pp. 1-3.)</p></div>
+
+<div class="footnote"><p><a name="Footnote_10_10" id="Footnote_10_10"></a><a href="#FNanchor_10_10"><span class="label">[10]</span></a> Opinions of the Judges, p. 23.</p></div>
+
+<div class="footnote"><p><a name="Footnote_11_11" id="Footnote_11_11"></a><a href="#FNanchor_11_11"><span class="label">[11]</span></a> 3 <i>Blackstone's Commentaries</i>, p. 395.</p></div>
+
+<div class="footnote"><p><a name="Footnote_12_12" id="Footnote_12_12"></a><a href="#FNanchor_12_12"><span class="label">[12]</span></a> We quote from the edition of Lord Denman's judgment,
+sanctioned by himself, and edited by D. Leahy, Esq., (one of the counsel
+in the cause.)</p></div>
+
+<div class="footnote"><p><a name="Footnote_13_13" id="Footnote_13_13"></a><a href="#FNanchor_13_13"><span class="label">[13]</span></a> A "<i>demurrer</i>" is the mode by which any pleading, civil or
+criminal, is denied to be (whether in form or substance) sufficient in
+point of <i>law</i>; and a <i>plea</i> is the mode by which is denied the <i>truth</i>
+of the <i>facts</i> which the pleading alleges.</p></div>
+
+<div class="footnote"><p><a name="Footnote_14_14" id="Footnote_14_14"></a><a href="#FNanchor_14_14"><span class="label">[14]</span></a> Opinions of the Judges, p. 19.</p></div>
+
+<div class="footnote"><p><a name="Footnote_15_15" id="Footnote_15_15"></a><a href="#FNanchor_15_15"><span class="label">[15]</span></a> Vol. I., pp. 68-9.</p></div>
+
+<div class="footnote"><p><a name="Footnote_16_16" id="Footnote_16_16"></a><a href="#FNanchor_16_16"><span class="label">[16]</span></a> Williams v. Germaine, 7 Bar. and Cress. 476.</p></div>
+
+<div class="footnote"><p><a name="Footnote_17_17" id="Footnote_17_17"></a><a href="#FNanchor_17_17"><span class="label">[17]</span></a> Opinions of the Judges, p. 17.</p></div>
+
+<div class="footnote"><p><a name="Footnote_18_18" id="Footnote_18_18"></a><a href="#FNanchor_18_18"><span class="label">[18]</span></a> Judgment, (by Leahy,) p. 36.</p></div>
+
+<div class="footnote"><p><a name="Footnote_19_19" id="Footnote_19_19"></a><a href="#FNanchor_19_19"><span class="label">[19]</span></a> Opinions of the Judges, p. 28.</p></div>
+
+<div class="footnote"><p><a name="Footnote_20_20" id="Footnote_20_20"></a><a href="#FNanchor_20_20"><span class="label">[20]</span></a> Judgment, &amp;c., p. 43.</p></div>
+
+<div class="footnote"><p><a name="Footnote_21_21" id="Footnote_21_21"></a><a href="#FNanchor_21_21"><span class="label">[21]</span></a> Opinions of the Judges, p. 28.</p></div>
+
+<div class="footnote"><p><a name="Footnote_22_22" id="Footnote_22_22"></a><a href="#FNanchor_22_22"><span class="label">[22]</span></a> Lord Denman's judgment.</p></div>
+
+<div class="footnote"><p><a name="Footnote_23_23" id="Footnote_23_23"></a><a href="#FNanchor_23_23"><span class="label">[23]</span></a> Ditto.</p></div>
+
+<div class="footnote"><p><a name="Footnote_24_24" id="Footnote_24_24"></a><a href="#FNanchor_24_24"><span class="label">[24]</span></a> Ante.</p></div>
+
+<div class="footnote"><p><a name="Footnote_25_25" id="Footnote_25_25"></a><a href="#FNanchor_25_25"><span class="label">[25]</span></a> West's Symbolography, and Jacob's and Tomlin's Law.</p></div>
+
+<div class="footnote"><p><a name="Footnote_26_26" id="Footnote_26_26"></a><a href="#FNanchor_26_26"><span class="label">[26]</span></a> Opinions of the Judges, p. 29.</p></div>
+
+<div class="footnote"><p><a name="Footnote_27_27" id="Footnote_27_27"></a><a href="#FNanchor_27_27"><span class="label">[27]</span></a> 2 Bla. Comm. 169; and see Mr Christian's Note.</p></div>
+</div>
+
+
+<hr style="width: 65%;" />
+<h2>MY COLLEGE FRIENDS.</h2>
+
+<h3>No. I</h3>
+
+<h4><span class="smcap">John Brown.</span></h4>
+
+
+<p>Did you ever happen to know a man who spent a whole Christmas vacation
+in Oxford, and survived it? I did. And this is how it came to pass.</p>
+
+<p>"Frank," said the governor one evening after dinner, when the
+conversation had turned upon my approaching return to college, and the
+ticklish question of supplies had been disposed of&mdash;"when the deuce do
+you mean to go up for your degree? I have a notion this next term is
+your fifteenth, young man?"</p>
+
+<p>"Why no, sir&mdash;that is, not exactly; you know"&mdash;&mdash;</p>
+
+<p>"Oh! true&mdash;I forgot that confounded rustication business. Well, it's
+your fourteenth at all events, and I think that's enough."</p>
+
+<p>"Well, sir, I was thinking to have a shy at it after Christmas."</p>
+
+<p>"Shy at it! You've always been <i>shying</i> at it, I think. I hope it mayn't
+end in a <i>bolt</i>, Master Frank!"</p>
+
+<p>I laughed dutifully at the paternal wit, and promised to go to work in
+earnest the moment I reached Oxford.</p>
+
+<p>This was a resolution announced periodically like the ballot question,
+and with much the same result. So the governor only shook his head,
+yawned, looked at the bottle, which stood between us nearly empty, and
+prepared apparently for an adjournment.</p>
+
+<p>"I'll tell you what, sir," said I, emptying what remained in the
+decanter into my glass, and swallowing it with a desperate energy
+befitting the occasion, "I'll stay up the Christmas vacation and read."<span class='pagenum'><a name="Page_570" id="Page_570">[Pg 570]</a></span></p>
+
+<p>"The deuce will you! Why, Frank," continued the governor, sorely
+puzzled, "you know your cousins are coming here to spend the Christmas,
+and I thought we should all make a merry party. Why can't you read a
+little at home? You can get up something earlier, you know&mdash;much better
+for your health&mdash;and have two hours or so clear before breakfast&mdash;no
+time like the morning for reading&mdash;and then have all the day to yourself
+afterwards. Eh, why not, Frank?"</p>
+
+<p>"If you'll allow me to ring for another bottle of this Madeira, sir, (I
+declare I think it's better than our senior common-room have, and they
+don't consider theirs small-beer,) I'll tell you.&mdash;&mdash;I never could read
+at home, sir; it's not in the nature of things."</p>
+
+<p>"I doubt whether it's much in your nature to read any where, Frank: I
+confess I don't see much signs of it when you are here."</p>
+
+<p>"In the first place, sir, I should never have a room to myself."</p>
+
+<p>"Why, there's the library for you all day long, Frank; I'm sure I don't
+trouble it much."</p>
+
+<p>"Why, sir, in these days, if there are any young ladies in the house,
+they take to the library as a matter of course: it's the regular place
+for love-making: mammas don't follow them into the company of folios and
+quartos while there are three volumes of the last novel on the
+drawing-room table; and the atmosphere is sentimentality itself; they
+mark favourite passages, and sigh illustrations."</p>
+
+<p>"Precious dusty work, Frank, flirtations among my book-shelves must be;
+but I suppose the girls don't go much beyond the bindings: they don't
+expect to get husbands by being blue."</p>
+
+<p>"Not exactly, sir; reviews and title-pages constitute a good part of
+modern literary acquirements. But upon my honour, sir, one hears young
+ladies now talk of nothing but architecture and divinity. Botany is
+quite gone out; and music, unless there's a twang of Papistry about it,
+is generally voted a bore. In my younger days&mdash;(really, sir, you needn't
+laugh, for I haven't had a love affair these two years)&mdash;in my younger
+days, when one talked about similarity of tastes and so forth, it meant
+that both parties loved moonlight, hated quadrilles, adored Moore's
+Melodies, and were learning German; now, nine girls out of ten have a
+passion for speculative divinity and social regeneration."</p>
+
+<p>"Ay, one sort of nonsense does just as well for them as another: your
+cousin Sophy bothers me to build an Elizabethan pigsty, and wanted her
+poor mother to dance with the butler in the servants' hall last
+Christmas, when the fellow was as drunk as an owl: I hope it mayn't end
+in her figuring off herself with the footman; for Sophy is rather a pet
+of mine, and a right-down English girl after all. But, Frank, if you
+can't read in peace in the library, you surely could have a room fitted
+up for yourself up stairs; and you shall have the great reading-desk,
+with lights, that was your grandfather's, that stands in my little
+sanctum; (he made more use of it, poor man, than I do;) or I don't know
+but what I might spare you the little room itself, if it would suit
+you&mdash;eh?"</p>
+
+<p>"Oh, my dear father! I wouldn't disturb you on any account," said I,
+rather alarmed at the extent of my worthy parent's liberality in the
+cause, and fearing it might end in the offer of the whole family to pack
+themselves in the attics, and leave me a first floor to
+myself&mdash;calculating, too, the amount of hard reading commensurate with
+such imposing preparations. "What would become of the justice business
+of the parish, sir, if we shut up your tribunal? I don't suppose my
+mother would like to have the constables and the illegitimates
+introduced either into the drawing-room or the kitchen," (this was, as I
+meant it to be, a poser; if Mr Hawthorne senior had a hobby, it was his
+magisterial authority.) "The fact is, that at home, up-stairs or
+down-stairs, I couldn't read. I should have not only my own idleness,
+but the various idlenesses of the whole family combined, to fight
+against. My sisters would be knocking at the door every half hour, if
+only to ask how I was getting on: Bob would tease me to come out
+skating, and Charles would start me perpetually after wild-ducks or
+woodcocks. And you yourself, sir, if I am not much mistaken, would think
+it odd if I didn't take a ride with you as usual after breakfast. Then<span class='pagenum'><a name="Page_571" id="Page_571">[Pg 571]</a></span>
+one can't be expected to crawl about one's books by candlelight on a
+winter's morning; and after a six o'clock dinner who can read? After tea
+you know, sir, my mother always likes a rubber when I'm at home; and if
+you are going to have those girls, Jane and Sophy, down this
+Christmas"&mdash;&mdash;</p>
+
+<p>"Ah! well&mdash;I see, Frank; I'm afraid it's a hopeless case. Perhaps you
+had better stay up at Oxford after all; you won't have much to disturb
+you there, I suppose. If you don't get moped to death, I certainly don't
+see what's to hinder your reading. You don't feel inclined to try North
+Wales in the winter, I suppose, eh?"</p>
+
+<p>"No, sir," said I, swallowing a last glass of Madeira at a gulp, and
+rising, to cut short a conversation which was beginning to take rather
+an awkward turn&mdash;"No, sir, not exactly."</p>
+
+<p>"Why, I don't know, Frank: why not? you'd find the climate cooler, you
+know," persevered the governor, as he followed me into the drawing-room.</p>
+
+<p>So in Oxford it was settled that I should stay; a tolerable character
+for the last term or two, and the notorious fact that I was going up at
+Easter, ostensibly for a class, obtained me the necessary permission:
+strange that, in the University, one should require leave to read! My
+friends, John Brown and Harry Chesterton, were to stay up too; and we
+promised ourselves some hours of hard work, and many merry ones
+together. The vice-principal and one of the juniors, the only fellows
+that would be in residence, were both gentlemen, and always treated the
+under-graduates as such; we should get rid of the eternal rounds of beef
+and legs of mutton that figured at the commoners' table in hall; there
+would be no morning chapel; and altogether, having had nearly enough of
+the noisy gayety of a full term, we looked forward to the novelty of a
+few quiet weeks in college with a degree of pleasure which surprised
+even ourselves.</p>
+
+<p>But alas! under-graduates are but mortals, and subject to somewhat more
+than the ordinary uncertainties of mortal life. It wanted but a week to
+the end of term; all our plans were settled. Brown was to migrate from
+his own rooms in "Purgatory"&mdash;as we used to call the little dark back
+quadrangle, where, from sheer laziness, which made him think moving a
+bore, he had remained ever since his first location there as a freshman,
+up three pair of stairs; so that, when his intimate friends wished to
+ascertain if he was at home, we used to throw a stone through the
+window&mdash;and was to take up his abode in "Elysium," where he would be
+Chesterton's next-door neighbour, and in the same number as myself. We
+were to have a quiet breakfast in each others' rooms in turn every
+morning; no gross repast of beef-steaks and "spread-eagle" fowls, but a
+slight relish of anchovy toast, potted shrimps, or something equally
+ethereal; and the <i>chasse-caf&eacute;</i> limited to one cigar and no bottled
+porter. It was cruel to interfere with such unexceptionable
+arrangements; but a college, though it have a head, has no heart worth
+mentioning; and, in an evil hour, they rusticated John Brown. At least
+they forbade his staying up the Christmas vacation; and, for the credit
+of my friend's character, let me explain. Why John Brown should have
+been a person particularly distasteful to the fellows of &mdash;&mdash; College,
+was a matter at first sight rather hard to understand. He was not what
+is called a rowing man; was never found drunk in the quad, or asleep at
+the hall lecture; never sported a pink, or drove a team; was not known
+to have been concerned in any of the remarkable larks which occurred in
+our times; was neither an agent in the Plague of Frogs, nor an actor in
+the private theatricals; was not a member of the Agricultural Society,
+which made the remarkable experiments with clover and ryegrass in the
+college quadrangle; had no talent for midnight howling, sang very small
+in a chorus, capped all the fellows diligently, and paid his battels to
+the minute. He was known to have asked twice for the key of the library,
+put down his name for the senior tutor's pet lecture in "Cornelius
+Nepos," bought the principal's sermon on the "Via Media," and was
+suspected of having tried to read it. He was not clever enough to sneer
+at the tutors, or stupid enough to disgust them. He was<span class='pagenum'><a name="Page_572" id="Page_572">[Pg 572]</a></span> too sleepy to
+keep late hours, too fat to pull in the boat, too stingy to give
+supper-parties. How on earth came the fellows not to like John Brown? "A
+most respectable man," the principal always said he was. "Sir," said he
+to his anxious father, when, at the end of his second term, he took the
+opportunity of a professional visit to Oxford to call to know how the
+hope of the Browns was progressing&mdash;"Sir, I consider your son a most
+respectable person: I may say a most respectable person;" and as the
+principal had taken wine with him once at dinner, and bowed to him at
+collections, and read "Mr John Brown" twice upon a card at the end and
+beginning of term, and thus had every opportunity of forming an opinion,
+and expressed that opinion oracularly, in a Johnsonian fashion, Governor
+Brown was satisfied. How did the fellows come not to like John
+Brown?&mdash;pronounced "most respectable" by the principal&mdash;declared by his
+scout to be "the quietest gentleman as he ever a knowed;" admitted by
+the under-graduates to be "a monstrous good fellow, but rather slow;"
+how came John Brown to fail in recommending himself to the favour of his
+pastors and masters&mdash;the dean and tutors of &mdash;&mdash;? Why, in the first
+place, John Brown, the elder, was a wine-merchant; a well-educated man,
+a well-behaved man; but still a wine-merchant. Now the dean's father
+was&mdash;I beg his pardon, had been&mdash;a linen-draper; neither well-educated
+nor well behaved; in short, an unmitigated linen-draper. Consequently
+the dean's adoration of the aristocracy was excessive. There are few
+such thorough tuft-hunters as your genuine Oxford Don; the man who,
+without family or station in society, often without any further general
+education and knowledge of the world than is to be found at a country
+grammar-school, is suddenly, upon the strength of some acquaintance with
+Latin and Greek, or quite as often, from having first seen the light in
+some fortunately endowed county, elevated to the dignity of a
+fellowship, and permitted to take rank with gentlemen. The "high table"
+in hall, the Turkey carpet and violet cushioned chair in the common
+room, the obsequious attention of college servants, and the more
+unwilling "capping" of the under-graduates, to such a man are real
+luxuries, and the relish with which he enjoys them is deep and strong.
+And if he have but the luck to immortalize himself by holding some
+University office, to strut through his year of misrule as proctor, or
+even as his humble "pro," then does he at once emerge from the obscurity
+of the family annals a being of a higher sphere. And when there comes up
+to commemoration a waddling old lady, and two thin sticks of virginity,
+who horrify the college butler by calling the vice-principal "Dick," no
+wonder that they return to the select society of their native town with
+an impression, that though Oxford was a very fine place, and they had
+real champagne, and wax candles, and every thing quite genteel, and dear
+Richard was very kind, still they did think he was grown rather proud,
+as he never once asked after his old acquaintances the Smiths, and
+didn't like to be teased about his old flame Mary. No wonder that in the
+visits, few and far between, which, during the long vacation, the
+pompous B.D. pays to his humble relations in the country, (when he has
+exhausted the invitations and the patience of his more aristocratic
+friends,) they do not find a trace remaining of the vulgar boy, who,
+some twelve years ago, quitted the seat of the provincial muses to push
+his fortunes in the University of Oxford. In vain does his uncle give up
+his after-dinner pipe, and in place of the accustomed Hollands and
+water, astonish the dusty decanter with port of an unknown vintage in
+honour of his illustrious nephew; in vain does the good old lady
+afore-mentioned, the unworthy mother of so bright a son, quit the
+instruction of pious Mr Jabez Jenkins, the "Independent" minister, and
+turn orthodox and high-church for the nonce, when her dearly beloved
+Richard "officiates" for the rev. the vicar; no ties of home or kindred,
+no memories of boyhood, no glow of early recollections, touch the
+case-hardened parasite of college growth; and when he has banished his
+younger brother to Australia, under pretext of making his fortune,
+married both his sisters, and erected a<span class='pagenum'><a name="Page_573" id="Page_573">[Pg 573]</a></span> cheap monument to the
+linen-draper's widow as the "relict of the late Thomas Thompson,
+<i>Esquire</i>," he waits in peaceful expectation of a college living, with
+the consciousness of having done his duty by his relations, and
+delivered himself from a drag upon his new career. I do not mean to set
+too high a value on gentle birth, or to limit nobility of character by
+that of blood; I believe my tailor to be one of nature's gentlemen, (he
+never duns,) and I know my next neighbour, Sir John, thirteenth baronet
+as he is, to possess the soul of a huckster, because he sells his fruit
+and game: still these are the exceptions, not the rule; and there are
+few cases of men rising from low origin&mdash;rising, that is, from
+circumstances, not from ability&mdash;not the architects, but the creations
+of their own fortunes, (for that makes all the difference)&mdash;who do not
+carry with them, through all the gradations of their advancement, the
+plebeian instincts, while they forget, perhaps, the homely virtues of
+the class from which they spring. There is a nobility of birth, seldom
+to be counterfeited or mistaken, wholly irrespective of the rank and
+wealth which are either its graceful accompaniments or its insufficient
+substitutes; fostered and strengthened by early habits and education,
+but none the less originally innate&mdash;as much an endowment from heaven as
+beauty, strength, or talent, and more valuable than all. Many men have
+the tact to adapt themselves to the station and the society to which
+they have risen, however much above their own level; they acquire the
+habits and the tastes, seldom the feelings, of a gentleman. They act the
+character well; it is carefully studied, and on the whole well
+sustained; it is a correct and painstaking performance, and the points
+tell distinctly; but there is throughout that indirect appeal to the
+audience which marks it to be only acting. They are more studiously
+aristocratic than the aristocracy, and have a horror of vulgarity which
+is in itself essentially vulgar.</p>
+
+<p>And such a man was the dean of &mdash;&mdash;. On the philosophic principle of
+hating all to whom we are under obligations, if there was any thing he
+cordially detested, it was trade. His constant aim was to forget his
+unfortunate origin himself, if possible to lead others who knew him to
+forget it, and to keep strangers from knowing it at all. And as he
+shrank from every shape and sound plebeian, so he industriously
+cultivated every opening to "good society." There was not a member of
+his own college, graduate or under-graduate, of any pretensions to
+family, who could not speak from experience of the dean's capital
+dinners, and his invariable urbanity. No young honourable, or tenth
+cousin to an honourable, ever got into a row, that he had not cause to
+bless the dean's good offices for getting him out. And if some of the
+old stagers contented themselves with eating his dinners, and returning
+them in the proportion of one to five, the unsophisticated gratitude of
+youth, less cunning in the ways of the world, declared unhesitatingly,
+in its own idiomatic language, "that old Hodgett was a regular brick,
+and gave very beany feeds." And so his fame travelled far beyond his own
+collegiate walls, and out-college honourables and gentlemen-commoners
+were content to make the acquaintance, and eat the dinners that were so
+freely offered. And as the dean had really some cleverness, and "a
+well-assorted selection" of anecdotes and illustrations "from the best
+markets," (as his worthy father would have advertised it,) and could
+fill the chair at his own entertainments with ease if not with
+gracefulness, and moreover was not close with his purse-strings, and
+could always be reckoned safe for a L.20 note if a dun was troublesome,
+(well knowing that even under-graduates make exceptions in favour of
+debts of honour,) he became, among his younger friends especially, a
+very popular man. And when those who had enjoyed his good fare, and
+profited by his friendly offices with duns and proctors, found that,
+after all, he was "nobody," all they said was, that it was a pity, and
+that he was a monstrous good fellow none the less. And one invited him
+to spend the Christmas with him down at the governor's in Kent, where
+there was to be a regular houseful, and merry-making of all sorts, and
+another would have him into Norfolk in September for the shooting&mdash;(the
+dean<span class='pagenum'><a name="Page_574" id="Page_574">[Pg 574]</a></span> never shot, but wisely said nothing about it until he got into
+good quarters, when he left his younger friends to beat the stubbles,
+while he walked or drove with Lady Mary and Lady Emily, and eat the
+partridges;)&mdash;so that on the whole he felt himself rather an ill-used
+individual if there was a week of the vacation for which he had not an
+invite. If such a rare and undesirable exception did happen, seldom
+indeed did he bestow himself, even for a day or two, upon his mother and
+sisters at Nottingham; and never did he, by any oversight, permit a
+letter to be addressed to him there; if it could not conveniently bear
+the address of some of his titled entertainers, it was to meet him at
+his college, to which he usually retired to await, with sufficient
+discontent, an invitation, or the beginning of term; while he took pains
+to have it understood, that his temporary seclusion was hardly spared
+him from the hospitable importunities of those whom he delighted to call
+"his many friends," in order to attend to important business.
+Occasionally, indeed, it would happen that the natural sagacity of some
+old English gentleman, or the keen eye of an experienced courtier, would
+fathom at a glance the character of his son's invited guest, and treat
+him with a distant politeness which he could neither mistake nor get
+over; but, on the whole, his visits among his aristocratic entertainers
+were agreeable enough, and he was not a man to stick at an occasional
+trifle. His youthful <i>prot&eacute;g&eacute;s</i> were glad to be able to repay in the
+country many kind offices at Oxford, and to become patronizers in their
+turn; and the seniors redoubled, in the case of their son's friend, the
+hospitality and courtesy they would have readily shown to a stranger,
+and were not eager to scrutinize the motives which might have induced
+him to be civil to the hopeful stripling, whom, in their partial view,
+the whole university might well have delighted to honour.</p>
+
+<p>In the eyes of such a man, John Brown was not likely, at first starting,
+to find much favour. Had he been a rich man, and sported the velvet cap
+and silk gown, the unhappy fact of his father's being in trade might
+have been winked at. If not in the front rank of the dean's friends he
+might have filled a vacant seat occasionally at his dinner-table, and
+been honoured with a friendly recognition in the quadrangle. At it was,
+he did not condescend to remember that such a man was on the college
+books. Happy ignorance, if only it could have lasted. But one unlucky
+morning a late supper party had decidedly thinned the attendance at the
+hall lecture; and Mr Hodgett, having been disappointed of an invitation
+to a very select dinner at the principal's, was in no very benignant
+humour, and "hauled up" the defaulters. Among them was one of the dean's
+pets&mdash;who, having done the same thing a dozen times before, was rather
+astonished at the summons&mdash;and the usually regular John Brown. What
+excuses the rest of the party made is immaterial. John, I believe, said
+nothing, beyond a remark as to his having been rarely absent. The
+result, however, was, that he and the rest got an imposition, which cost
+them half-a-guinea each to get done by the under-cook, (it was Greek
+<i>with</i> the accents, which comes expensive,) while the Honourable Lumley
+Skeffington was dismissed with a jocular reproof, and an invitation to
+breakfast. Now, if Mr Skeffington had had the sense to have kept his own
+and his friend's counsel, this might have been all very well. But being
+a somewhat shallow-pated youth, and a freshman to boot, he thought it a
+very fine thing to talk about at his next wine-party, and boast that he
+could cut lecture and chapel when he pleased&mdash;the dean and he understood
+each other. Brown happened to be present; (for though not good company
+enough for the dean, he was for his betters; your <i>parvenu</i> is far more
+exclusive in his society than your born gentleman;) he quietly enquired
+into the facts; and finding that what he had before been inclined to
+consider as undue severity in his own case, was positively an injustice
+compared with that of another, appreciating thoroughly the character of
+the party he had to deal with, and coupling the present with certain
+previous minor snubbings from the same quarter, he from that moment
+declared war.<span class='pagenum'><a name="Page_575" id="Page_575">[Pg 575]</a></span></p>
+
+<p>Now, the Rev. Mr Hodgett, sedate and dignified as he was, had better
+have danced a hornpipe in his thinnest silks amongst a bed of stinging
+nettles, or have poked sticks into a wasp's nest, or amused himself with
+any other innocent recreation, than have made an enemy of John Brown. It
+was what he himself would have called a wrong move, and it played the
+deuce with his game. John was the very man who could annoy him, and he
+did. None of us knew he had so much ingenuity, or so much malice in his
+composition, until he commenced his hostilities against the dean. The
+fact was, he was more piqued, perhaps, than any other man in college
+would have been by so small a matter. Too sensible to be really ashamed
+of being the son of a man in trade, he was conscious, nevertheless, that
+it was in some sort a disadvantage to him, and that, descended as he was
+from an old and once knightly line, (his father had been an ill-used
+younger son,) he did not quite occupy his proper position in the world.
+His feeling of this made him sensitive to a fault; it led him rather to
+shun than to seek the society of his contemporaries; and much as he was
+esteemed by myself and others who knew him well, I will not say that he
+was a universal favourite. Men did not understand him: at that time of
+life (alas, why not always?) most of us are open and free-hearted; they
+did not relish his shy and reserved manner, his unwillingness to take
+the initiative in any social intercourse, his <i>exig&eacute;ance</i> to a certain
+extent of those forms which the freedom of college friendship is apt to
+neglect. "Why didn't you turn into my rooms the other night, when you
+came in from Oriel?" said I to him early in our acquaintance. "Hobbs
+says he told you I had some men to supper."&mdash;"You didn't ask me," was
+the quiet reply.&mdash;"I couldn't see you, or else I should; but you might
+have known I wanted you; don't serve me such a trick as that again, old
+fellow." But it let me into a secret of his character, and ever after
+that, I was as particular in my invitations as possible. Men thought him
+proud, and cold, and touchy, which he was not; and stingy, which he
+scorned to be, from his contempt for ostentation in any shape. The
+rarity of his wine-parties, and his never having other wines produced
+than port or sherry, he himself explained to me&mdash;"Men would say, it was
+easy for me to sport claret and champagne, when I could get them for
+nothing." But if an unthinking freshman broke out in praise of the said
+excellent port or sherry, (as indeed they might well be pardoned for
+doing, considering the quality of what they commonly imbibed,) he would
+say at once&mdash;"Yes, I believe it is good; I know my father considers it
+so, and it has been in bottle above twelve years." There was no shirking
+the question for a moment. And excellent wine he got for me from his
+father, at a moderate price, at his own offer. Hating then, as he did
+undisguisedly, the tuft-hunting and affectation of <i>haut-ton</i>, which was
+so foreign to his own nature, he felt, perhaps excusably, annoyed at
+their palpable existence and apparent success, in a man, whose station,
+as he said, ought to have kept him from meanness, if it could not give
+him dignity.</p>
+
+<p>At all events, his method of retaliation&mdash;"taking down the dean"&mdash;as he
+called it was most systematic and persevering. He let the matter of the
+imposition pass over quietly; was for some months doubly attentive to
+all his college duties; carefully avoided all collision with his
+adversary; kept out of his way as much as he could; and whenever brought
+into contact with him, was as respectful as if he had been the
+Vice-chancellor. This had its effect: John began to rise in the dean's
+good graces; and when he called upon him in the usual course of
+etiquette, to mention that he should be absent the vacation of three
+days which intervenes between the two short terms, the meeting, on one
+side at least, was almost cordial. A day or two after his return, (he
+had been to visit a friend, he said,) we were in his rooms at breakfast
+together, when the dean's scout entered with his master's compliments to
+request Mr Brown's company to breakfast. Then it was that John's eyes
+dilated, and he rubbed his hands, as soon as the door was shut, with an
+excitement rather unusual.</p>
+
+<p>"Do you know who breakfasts<span class='pagenum'><a name="Page_576" id="Page_576">[Pg 576]</a></span> with the man to-morrow? Do you, Hawthorne?"</p>
+
+<p>"Why, I had a message this morning," said I, "but I don't mean to go. I
+shall have a headach or something to-morrow. I have no notion of going
+there to eat my own bread and butter, and drink his very bad tea, and
+see a freshman swallow greasy ham and eggs, enough to turn the stomach
+of any one else; and then those Dons always make a point of asking me to
+meet a set of regular muffs that I don't know. The last time I went,
+there were only two reading-men in spectacles, perfect dummies, and that
+ass, young Medlicott, who talks about hunting, and I believe never
+crossed the back of anything higher than a donkey."</p>
+
+<p>"You had better come to-morrow; perhaps you will have some fun."</p>
+
+<p>"Why, who is going there, do you know?"</p>
+
+<p>"I haven't a notion; but do come. I must go, and we will sit together,
+and I'll get the cook to send up a dish of deviled kidneys for you."</p>
+
+<p>There was something in his eye as he said this which I could not make
+out, and it rather puzzled me to find him so willing to be of the party
+himself. However, he was an odd fellow, so I promised to go, and we
+parted; certainly with little anticipation on my part of what the "fun"
+was to be.</p>
+
+<p>Nine o'clock the next day arrived, and punctual to the minute might be
+seen two freshmen, from opposite corners of the quadrangle, steering for
+the dean's rooms. Ten minutes afterwards, an interesting procession of
+coffee-pots and tin-covers warned me to finish my toilet; and following
+them up the staircase, I found a tolerably large party assembled.</p>
+
+<p>"Just in time&mdash;just in time, Mr Hawthorne," said the dean, who appeared
+to be in high good-humour, "as my old pupil, Sir Charles Galston, used
+to say, (you don't know him, do you? he's your county man, too, I
+believe,)&mdash;as he always used to say, 'Gad, Hodgett, just in time to see
+the muffins break cover!' ha, ha! Take those tins off, Robert."</p>
+
+<p>We sat down, and for some time every thing went on as slow as it usually
+does at breakfast parties. At length, taking advantage of a pause, after
+laughing his loudest at one of our host's stories, John Brown broke out
+with "How is Mrs Hodgett, sir?"</p>
+
+<p>If Mrs Hodgett, instead of the dean's most respectable mother, had been
+his lawful wife, hitherto unacknowledged through fear of losing his
+fellowship, he could not have looked more thoroughly horrified. I myself
+was considerably taken aback; some of the other men, who knew the
+reverend gentleman's tenderness on the subject of his family connexions,
+picked their chicken-bones, and stirred their coffee with redoubled
+attention. John Brown and the two freshmen alone looked as cool as
+cucumbers.</p>
+
+<p>"Eh? oh&mdash;h," stammered the party addressed, "quite well, thank
+you&mdash;quite well. Let me give you some of this&mdash;oh, it's all gone! We'll
+have some more; will one of you be kind enough to ring? My friend,
+Lord"&mdash;&mdash;</p>
+
+<p>"No more for me, thank you, sir, I beg," said John. "Have you heard from
+Mrs Hodgett since the vacation?"</p>
+
+<p>"No&mdash;yes; oh dear, yes, several times!" (It was about five days back.)
+"She was quite well, thank you. In town at present, I believe. You were
+in town during the vacation, I think, Mr Wartnaby? Did you meet your
+uncle Sir Thomas there, or any of the family?"</p>
+
+<p>"Sir T-T-Thom...." began young Wartnaby, who stammered terribly.</p>
+
+<p>"I beg your pardon, sir," struck in John Brown, "are you sure Mrs
+Hodgett is in town? I saw her in Nottingham myself on Friday; I made my
+first acquaintance with her there, and a very charming old lady she is."</p>
+
+<p>Mr Hodgett's confusion could only be rivaled by Mr Brown's perfect
+self-possession. I began to see the object of his kind enquiries; so,
+probably, did the victim himself. The other men who were present
+thought, I suppose, that it was only an unfortunate attempt of John's to
+make himself agreeable; and while some were amused by it, a more
+considerate friend kicked my shins in mistake for his, under the table.</p>
+
+<p>"She certainly told me, sir, she<span class='pagenum'><a name="Page_577" id="Page_577">[Pg 577]</a></span> should be going up to London in a few
+weeks, to purchase her winter stock, I think she said; but I did not
+understand that she was to be there now."</p>
+
+<p>John had got on thus far before his enemy could rally at all; but the
+dean grew desperate, and resolved to make a diversion at all hazards;
+and as he reached his hand out, apparently in quest of a slice of toast,
+cup, saucer, and a pile of empty plates, went crashing on the floor.</p>
+
+<p>"Bless me, how very awkward!" said he, with a face as red as fire.</p>
+
+<p>"Never mind, sir," said a freshman from Shrewsbury, just entered who had
+not opened his lips before, and thought it a good opportunity; "it's all
+for the good of trade."</p>
+
+<p>Never was a stale jest so unconsciously pointed in its application.
+Brown laughed of course, and so did we all; while the dean tried to
+cover his confusion by wiping his clothes&mdash;the cup having been an empty
+one. The freshman, seeing our amusement, thought he had said a very good
+thing, and began to talk very fast; but nobody listened to him.</p>
+
+<p>"Talking of trade," mercilessly continued the tormentor, "I was
+uncommonly pleased with Nottingham the other day. Your brother-in-law,
+Mr Mogg, was exceedingly civil to me, (I took the liberty of mentioning
+your name, sir;) he showed me the whole process of stocking-making; very
+interesting indeed it is&mdash;but of course you have seen it often; and I
+really think, for a small establishment, Mr Mogg's is one of the best
+conducted I ever saw. You don't know Mr Mogg, Hawthorne, do you? Get the
+dean to give you a letter to him, if you ever go to Nottingham; a very
+good sort of man he is, and has his whole heart in his business. 'Some
+men are ashamed of their trade, sir' said he; 'I a'n't. What should I
+do, I should like to know, if trade was ashamed of me?' And really Mrs
+Mogg"&mdash;&mdash;</p>
+
+<p>"Ah yes!" said Mr Hodgett, hitherto overwhelmed by John's eloquence, (he
+never talked so fast,) and utterly at a loss how to meet it, "Mogg is a
+great man in his line at Nottingham. I shouldn't wonder if he was member
+some day; he has a large wholesale connexion."</p>
+
+<p>"And retail, too, sir," chimed in John. "I bought six pair of the nicest
+sort of stockings there I have seen for a long time: did I show them to
+you, Hawthorne? 'These,' said Mr Mogg, 'I can recommend; I always'"&mdash;&mdash;</p>
+
+<p>"If you won't take any more coffee, gentlemen," said the dean, jumping
+up and looking at his watch, "I am afraid, as I have an appointment at
+ten"&mdash;&mdash;</p>
+
+<p>"I declare, so have I," said Brown; "but I had quite forgotten it, our
+conversation has been so very agreeable. Good-morning, sir; and if you
+are writing to Mrs Hodgett, pray make my compliments." And with this
+Parthian shaft he quitted the field.</p>
+
+<p>Having adjusted the difficult questions which are apt to arise as to the
+ownership of caps and gowns, the rest of the party took leave. The
+facetious freshman, after putting in an ineffectual claim upon one or
+two of the most respectable of the caps, at last marched off with the
+dean's, as being certainly more like the new one he had bought the day
+before, than the dilapidated article with a broken board and half a
+tassel, which was the tempting alternative, and possessing also the
+common property of having a red seal in it. He was not allowed, however,
+to remain long in peaceful possession of his prize. Scarcely had he
+reached his rooms, when Robert, the dean's scout, came to inform him
+that he had left his own cap (which Robert presented to him with a grin)
+behind him, and taken away Mr Hodgett's in mistake; enlightening him, at
+the same time, as to the fact, that fellows' caps, by special exemption,
+were "not transferable." And when he ventured to send back by Robert an
+apology, to the effect that the very ancient specimen could not at all
+events be his, and a humble request that the dean would endeavour to
+ascertain which of his friends whom he had met at breakfast had also
+"made a mistake," that official, remembering his happy <i>deb&ucirc;t</i> as a
+conversationalist, instantly sent for him, and read him a severe lecture
+upon impertinence.</p>
+
+<p>Of course we were no sooner fairly landed in the quadrangle, than all
+who<span class='pagenum'><a name="Page_578" id="Page_578">[Pg 578]</a></span> had any acquaintance with Brown surrounded him with entreaties for
+an explanation. What possessed him to make such a dead set at the dean?
+How came he to be so well up in the family history? How long had he had
+the pleasure of an acquaintance with dear old Mrs Hodgett? And who
+introduced him to Mr Mogg?</p>
+
+<p>It turned out that John had made an expedition to Nottingham during the
+vacation on purpose; he had called on the old lady, whose address he had
+with some difficulty obtained; presented his card, "Mr John Brown, &mdash;&mdash;
+Coll.;" stated that he was a stranger, very desirous to see the lions of
+Nottingham, of which he had heard so much; and having the honour of
+knowing her son, and the advantage of being at the same college with
+him, and having so often heard her name mentioned in their many
+conversations, that he almost felt as if she was his intimate
+acquaintance, had ventured to intrude upon her with a request that she
+would put him in the way of seeing the town and its manufactures to the
+best advantage. Much taken, no doubt, by John's polite address, which by
+his own recapitulation of it must have been highly insinuating, and
+delighted to see any one who could talk to her about her son, and to
+learn that she herself was talked about among his grand friends in
+Oxford, the worthy Mrs Hodgett begged John Brown to walk in; and finding
+that there was nothing high about him, and that he listened with the
+greatest interest to all her family details and reminiscences, she took
+courage to ask him to eat a bit of dinner with her and her daughter at
+two o'clock, after which she promised him the escort of her son-in-law,
+Mr Mogg, the principal (that was what they called them up at Nottingham,
+just as they did in Oxford, she observed) of the great stocking-house
+over the way. Such a man he was! she said; every bit as good as a book
+to a stranger; "he knowed every think and every body." John assured her
+such universal knowledge was not common among principals of houses in
+Oxford; and declared that he should appreciate the services of such a
+guide proportionately. And as an introduction to the whole family was
+just the thing he wanted, he at once accepted the invitation with many
+thanks. In short, an arrangement was made which pleased all parties;
+all, that is, with the exception of Mr Spriggins, the head shopman, who
+usually took his meals with the family, but on that day, to his great
+disgust, not being considered of quality to meet their unexpected guest,
+(not being a principal,) received intimation that his dinner would be
+served in the counting-house. The dinner passed off, no doubt, much more
+satisfactorily than more formal affairs of the kind. John had a good
+appetite and good-humour, and so had the old lady; and no doubt, even in
+Miss Hodgett's eyes, the young Oxonian was no bad substitute for Mr
+Spriggins. Even that gentleman, could he have foreseen all that was to
+follow from this visit, would have exchanged for his blandest smile the
+stern glance with which he regarded, from the little back window of the
+counting-house, the procession of John, with Miss Hodgett under his arm,
+from the drawing-room, to take the seat which should have been his;
+would have made him his most obsequious bow, and regarded him as the
+best customer that had ever come inside their doors.</p>
+
+<p>But perhaps I am wronging Mr Spriggins in assuming that he thought the
+usurper of his rights worthy of a glance at all: and certainly I am
+anticipating my story. John dined with the old lady; drank her currant
+wine in preference to her port, ate her seed biscuits, and when Mr Mogg,
+in pursuance of a message from his mother-in-law, called to renew in his
+own person the offer to show his relation's distinguished friend, (Mrs
+Hodgett had hinted her suspicions that John Brown was a nobleman,) he
+was ready, though rather sleepy, to commence his lionizing. Mr Mogg was
+exceedingly civil, showed him every thing worth seeing, from the castle
+to the stocking-frames; and by the time they returned together to supper
+at the old lady's, they had become very thick indeed. John called the
+next day and took his leave of both parties, with a promise not to pass
+through Nottingham without renewing his acquaintance, and that he would
+not fail to mention to his friend the dean<span class='pagenum'><a name="Page_579" id="Page_579">[Pg 579]</a></span> how much he had been
+gratified by his reception; both which pledges he scrupulously redeemed.</p>
+
+<p>Mr Hodgett's indignation was unbounded; if the united powers of
+vice-chancellor, doctors, proctors, and convocation, could, by rummaging
+up some old statute, have expelled John Brown for paying a visit to
+Nottingham, he would have moved the university to strive to effect it.
+Happily these powers never are united, or there is no saying what they
+might not do. So John remained a member of the college still. The dean
+seldom looked at him if he could help it; he tried once the soothing
+system by praising him at collections, but it only elicited from John a
+polite enquiry after Mr and Mrs Mogg.</p>
+
+<p>What man could do to extricate himself from his unfortunate position,
+the dean did. He wrote off immediately to his mother, entreating her, by
+her hopes of his advancement in life, not to allow the name of Hodgett
+to be any longer contaminated by any touch of linen-drapery. He
+suggested that she should at once make over the business to her foreman,
+Spriggins, reserving to herself an interest in the profits, and retire
+to a small and genteel cottage in the suburbs, where no impertinent
+intruder could detect the linen-draper's widow. She, worthy old soul,
+though it did grieve her, no doubt, to part with her shop, in which were
+centred the interests and associations of so many years, yet would have
+set fire to it with her own hands, and emigrated to America&mdash;though she
+knew it only as a place where banks always broke, and people never paid
+their debts&mdash;if it could in anyway have furthered his interests whom she
+loved better than he deserved. She always looked upon him as a
+gentleman, and did not wonder he wished to be one, though she herself
+had no manner of taste for becoming a lady.</p>
+
+<p>But in the simplicity of her heart, she planned that even this sacrifice
+to her motherly affection might be turned to some account in the way of
+trade. Accordingly, there appeared in the <i>Nottingham Herald</i> an
+advertisement, extending across two columns, headed with imposing
+capitals, by which the public were informed that Mrs Hodgett being about
+to decline her long-established linen-drapery business in favour of Mr
+Spriggins, the whole stock was to be turned into ready money
+immediately, "considerably below prime cost;" by which means the public
+had no doubt an opportunity of giving full value to Mrs H. for sundry
+old-fashioned patterns and faded remnants, which the incoming Spriggins
+would otherwise have "taken to" for a mere song.</p>
+
+<p>Now, since the time that John Brown began first to take so deep an
+interest in the Hodgett family, he had regularly invested fourpence
+weekly in a copy of the <i>Nottingham Herald</i>. By this means he had the
+satisfaction of congratulating the dean upon the birth of a nephew, in
+the person of a son and heir of the Moggs: and though so carefully did
+that gentleman avoid all communication with his tormentor, that he was
+obliged for two whole days to watch an opportunity to convey the
+intelligence; yet, as he finally succeeded in announcing it in the
+presence of the tutor of a neighbouring college, who was a profound
+genealogist and a great gossip, his pains, he declared, were
+sufficiently repaid. The eagerness with which he pounced upon the
+advertisement may be imagined; and finding, from a little <i>N. B.</i> at the
+bottom, that handbills with further particulars were to be had at the
+office, he lost no time in procuring half a dozen by post; and one
+morning the usual receptacles for university notices, the hall-door and
+the board by the buttery, were placarded with staring announcements, in
+red and black letters, six inches long, of Mrs <span class="smcap">Hodgett's</span> speculation.
+One was pushed under the dean's door; one stuck under the knocker at the
+principal's; one put into the college letterbox for "the senior
+common-room;" in short, had good Mrs Hodgett herself wished to have the
+college for her customers, she could hardly have distributed them more
+judiciously.</p>
+
+<p>In short, no pains were spared by John Brown to tease and worry the dean
+with all the particulars of his family history, which he would most have
+wished to bury in oblivion. And to do him justice, he in his turn spared
+no pains to get rid of John Brown. He would have allowed him to cut
+lectures and chapels <i>ad libitum</i>, if he<span class='pagenum'><a name="Page_580" id="Page_580">[Pg 580]</a></span> thus could have spared all
+personal intercourse, and escaped his detested civilities. Finding that
+would not do, he tried the opposite course, and endeavoured either to
+get him rusticated at once, or to disgust him with the college, and thus
+induce him to take his name off. John was cautious&mdash;very cautious; but a
+war against the powers that be, is always pretty much of an uphill game;
+and so at last it proved in his case.</p>
+
+<p>John had another enemy in the college, of his own making too; this was
+Mr Silver, the junior tutor. He was a man of some scholarship and much
+conceit; took a first class when very young, having entered college a
+mere schoolboy, and read hard; got his appointment as tutor soon after,
+and sneered at older men on the strength of it. He pretended to be
+exceedingly jocular and familiar with his pupils, but was really always
+on the alarm for his dignity. His great delight was to impress the
+freshmen with an idea of his abilities and his condescension. "Always
+come to me, Mr &mdash;&mdash;, if you find any difficulties in your reading&mdash;I
+shall be most happy to assist you." This language, repeated to all in
+turn, was, not unnaturally, literally understood by the matter-of-fact
+John Brown; who, perhaps, could see no good reason why a college tutor
+should <i>not</i> be ready to aid, as far as he could, the private studies of
+those who are so often in want of sensible advice and encouragement.
+However, it did not occur to him, when he took up to Mr Silver's rooms
+one morning after lecture, a passage that had puzzled him, that he was
+doing a very odd thing, and that the tutor thought so. As these
+consultations became more frequent, however, he began to perceive, what
+other men were not slow to tell him, that Mr Silver thought him a bore.
+And the moment this flashed upon him, with his unfortunate antipathy to
+any thing like humbug, he began another war of independence. He selected
+crabbed passages; got them up carefully by the help of translations,
+scholiasts, and clever friends; and then took them up hot to Mr Silver.
+And when he detected him slurring a difficulty instead of explaining it,
+or saying there was no difficulty at all, John would bring up against
+him his array of objections to this or that rendering, and arguments for
+and against various readings, &amp;c., till Mr Silver found himself fairly
+out of his depth. At first this puzzled him, and he very nearly
+committed the mistake of pronouncing John Brown a first-rate scholar in
+the common-room; but when he found his performance at lecture did not by
+any means keep pace with the remarkable erudition sometimes displayed by
+him in private, he began in his turn to suspect the trick. He dared not
+refuse to play his part, when called upon, in these learned discussions,
+though he dreaded them more and more; for his college reputation was at
+stake, and there were some among the older fellows who looked upon him
+as rather an assuming young man for understanding what they did not
+pretend to, and would have been glad to have had a joke against him; but
+he began cordially to hate John Brown; he gave him all the difficult
+bits he could at lecture; sneered at him when he dared; and practised
+all those amiable embellishments which make schoolmasters and tutors
+usually so beloved, and learning in all its branches so delightful.</p>
+
+<p>It is not to be wondered at, then, if John's kind friends somewhat
+damaged his reputation among the Dons, and watched their opportunity to
+annihilate him. It came, and they were down upon him at once. Some
+half-dozen noisy men, the survivors of a supper-party, had turned into
+Brown's rooms (he seldom sat up so late) for a parting cigar. Having
+accomplished this, they took it into their heads to dance a quadrille in
+the middle of the covered thoroughfare, for the benefit of the echo, to
+the music of six individual tunes sung in chorus. So strange a
+performance brought down some of the fellows; the men were not
+recognised, but traced to Brown's rooms. He refused to give up their
+names&mdash;was declared contumacious; and, in spite of the good-natured
+remonstrances of the principal and one or two of the others, his enemies
+obtained a majority in the common-room; and it was decided that John
+Brown was too dangerous a character to be allowed to remain in college<span class='pagenum'><a name="Page_581" id="Page_581">[Pg 581]</a></span>
+during vacation. But they had not got rid of him yet.</p>
+
+<p>About two miles out of Oxford, on the C&mdash;&mdash; road, if any one takes the
+trouble to turn up a narrow lane, and then follow a footpath by the side
+of the canal, he will come to one of the most curious-looking farmhouses
+that he (or at least I) ever met with. It is a large rambling
+uninhabited-looking place; the house, as is not unusual, forming one
+side of a square enclosure, of which the barns and outhouses make up the
+rest. The high blank walls of these latter, pierced only here and there
+by two or three of the narrowest possible lancet-holes, give it
+something the air of a fortification. Indeed, if well garrisoned, it
+would be almost as strong a post as the Chateau of Hougoumont; with this
+additional advantage, that it has a moat on two sides of it, and a
+canal, only divided from it by a narrow towing-path, on a third. The
+front (for it has a front, though, upon my first visit, it took me some
+time to find it, it being exactly on the opposite side to the approach
+at present in use, and requiring two pretty deep ditches to be crossed,
+in order to get at it from the direction)&mdash;the front only has any
+regular windows; and of these, most of the largest are boarded up,
+(some, indeed, more substantially closed with brick and mortar) in order
+to render it as independent as possible of the glazier and the assessor
+of taxes. There is a little bridge, very much decayed, thrown across the
+narrow moat to what was, in former days, the main entrance; but now the
+door was nailed up, the bridge ruinous, and the path leading to it no
+longer distinguishable in the long rank grass that covered the wet
+meadows upon which the house looked out. It was a place that filled you
+involuntarily with melancholy feelings; it breathed of loneliness and
+desolation, changed times and fallen fortunes. I never beheld it but I
+thought of Tennyson's "Mariana in the moated Grange"&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Unlifted was the clicking latch,<br /></span>
+<span class="i0">Weeded and worn the ancient thatch<br /></span>
+<span class="i0">Upon the lonely moated Grange."<br /></span>
+</div></div>
+
+<p>Brown and I, in some of our peregrinations, had stumbled upon this old
+house; and after having walked round it, and speculated upon its
+history, made our way through an open door into the spacious court-yard.
+If the outside looked desolate, however, the interior was lively enough:
+cattle, pigs, geese, ducks, and all the ordinary appurtenances of a
+well-stocked farm, gave token that the old place was still tenanted; and
+a large mastiff, who stalked towards us with a series of enquiring
+growls, evidently demanding our business, and suspicious of our good
+intentions, made us not at all sorry to see a stout good-natured-looking
+dame, a perfect contradiction to the poet's woe-worn "Mariana," who,
+after bidding Boxer hold his noise, volunteered a compendious history of
+herself and husband in answer to our simple question as to the name of
+the place. How good Farmer Nutt and herself had lived there for the last
+seventeen years; how the old place belonged to Squire somebody, and
+folks said that some gentry used to live in it in times past; what a
+lonesome-like life they thought it when they first came, after living in
+the gay town of Abingdon; how, by degrees, they got to think it pretty
+comfortable, and found the plashy meadows good pasturage, and the house
+"famous and roomy-like;" this, and much besides, did we listen to
+patiently, the more so because an attempt or two at interruption only
+served to widen the field of her discourse. The wind-up of it all,
+however, was, that we were asked to walk in and sit down, and so we did.
+A civil farmer's wife, a very common character in most parts of England,
+is, I am sorry to say, somewhat too much of a rarity about Oxford;
+whether their tempers are too severely tried by the "fast men," who hunt
+drags and ride steeple-chases to the detriment of young wheat and
+new-made fences; or by the reading-men, who, in their innocence, make
+pertinacious visits in search of strawberries and cream in the month of
+March, or call for the twentieth time to enquire the nearest way to
+Oxford, (being ignorant of all topography but that of ancient Rome and
+Athens;) or whether they regard all gownsmen as embryo parsons and
+tithe-owners, and therefore hereditary enemies; whatever be the reason,
+it generally requires some tact to establish any<span class='pagenum'><a name="Page_582" id="Page_582">[Pg 582]</a></span> thing like a friendly
+relation with a farmer or his wife in the neighbourhood of the
+university. However, Mrs Nutt was an exception; and nothing could exceed
+the heartiness with which she set out her best wheaten bread and rich
+Gloucester cheese, and particular ale&mdash;an advance towards further
+acquaintance which we met with due readiness. In short, so well were we
+pleased with the good dame's hospitable ways, and her old-fashioned
+house, and even with her good-humoured loquacity, that our first visit
+was not our last. The farmer himself, a quiet, good-natured, honest
+yeoman of about sixty, who said very little indeed when his wife was
+present, (he had not much chance,) but could, when disposed, let out
+many a droll story of "College Gents" in bygone days, when he was a
+brewer's apprentice at Abingdon, came, by invitation, to taste the
+college tap, and carried home in each pocket a bottle of wine for "the
+missus."</p>
+
+<p>When John Brown, Esquire, found his intentions of wintering within the
+walls of &mdash;&mdash; so unexpectedly defeated, he cast about diligently in his
+own mind for a resting-place for himself, his books, and a nondescript
+animal which he called a Russian terrier. Home he was determined not to
+go&mdash;any where within the boundaries of the University, the College were
+equally determined he should not stay; and we all settled that he would
+fix himself for the vacation either at Woodstock, or Ensham, or
+Abingdon; the odds were in favour of the latter place, for John was a
+good judge of ale. It was not, therefore, without considerable
+astonishment that one morning, at breakfast in my room, after devouring
+in rigid silence a commons of broiled ham for two, and the last number
+of <i>Pickwick</i>, (John seldom laughed, but read "Boz" as gravely as he
+would Aristotle,) we heard him open his heart as follows:&mdash;</p>
+
+<p>"I say, old fellow, where do you think I am going to put up this
+vacation?"</p>
+
+<p>"Really, John, you're such an odd fellow it's impossible to guess; if it
+had been summer, I shouldn't have been at all surprised to hear of your
+having pitched a tent at Bullingdon, or hired a house-boat, and lived
+Chinese fashion on the river; but I suppose you would hardly think of
+that plan at this time of the year."</p>
+
+<p>"Nonsense, man; you know the Moated Grange, as you call it&mdash;old
+Nutt's!&mdash;I've taken lodging there."</p>
+
+<p>"The Grange! Well, there's no accounting for tastes; but if there were
+any empty rooms in the county jail, I almost think I should prefer them,
+especially when one might possibly get board and lodging there gratis."</p>
+
+<p>"Don't be absurd; I shall be very comfortable there. I'm to have two
+rooms up-stairs, that will look very habitable when they've cleaned down
+the cobwebs, and got rid of the bats; Farmer Nutt is going to lay poison
+for the rats to-night, and I can go in, if I like, on Monday."</p>
+
+<p>"Upon my honour, John, Chesterton and I can never come and see you in
+that miserable hole."</p>
+
+<p>"Don't, then; I'm going there to read: I sha'n't want company."</p>
+
+<p>It turned out that he was really in earnest; and the day after the
+University term was ended, the Grange received its new tenant. We went
+down there to instal him; it was the first time Chesterton had seen the
+place, and he was rather envious of our friend's selection, as he
+followed him up-stairs into the quaint old chambers, to which two
+blazing log-fires, and Mrs Nutt's unimpeachable cleanliness, had
+imparted an air of no little comfort. The old oaken floor of the
+sitting-room had been polished to something like its original richness
+and brilliancy of hue, and reflected the firelight in a way that warmed
+you to look at it. There was not a cobweb to be seen; and though old
+Bruin snuffed round the room suspiciously, Farmer Nutt gave it as his
+conscientious opinion that every rat had had a taste of the "pyson."
+There was no question but that if one could get over the dulness of the
+place, as far as accommodation went there need be little cause to
+complain.</p>
+
+<p>"I shall get an 18-gallon of Hall and Tawney, and hire an easy-chair,"
+said John, "and then <i>won't</i> I read?"</p>
+
+<p>Full of these virtuous resolutions we left him; and how he got on there
+my readers shall hear another day.</p>
+
+<p class="right">H.</p>
+
+
+
+<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_583" id="Page_583">[Pg 583]</a></span></p>
+<h2>THE TOMBLESS MAN. A DREAM.</h2>
+
+<h3><span class="smcap">By Delta.</span></h3>
+
+
+<div class="poem"><div class="stanza">
+<span class="i25">I.<br /></span>
+</div><div class="stanza">
+<span class="i0">I woke from sleep at midnight, all was dark,<br /></span>
+<span class="i0">Solemn, and silent, an unbroken calm;<br /></span>
+<span class="i0">It was a fearful vision, and had made<br /></span>
+<span class="i0">A mystical impression on my mind;<br /></span>
+<span class="i0">For clouds lay o'er the ocean of my thoughts<br /></span>
+<span class="i0">In vague and broken masses, strangely wild;<br /></span>
+<span class="i0">And grim imagination wander'd on<br /></span>
+<span class="i0">'Mid gloomy yew-trees in a churchyard old,<br /></span>
+<span class="i0">And mouldering shielings of the eyeless hills,<br /></span>
+<span class="i0">And snow-clad pathless moors on moonless nights,<br /></span>
+<span class="i0">And icebergs drifting from the sunless Pole,<br /></span>
+<span class="i0">And prostrate Indian villages, when spent<br /></span>
+<span class="i0">The rage of the hurricane has pass'd away,<br /></span>
+<span class="i0">Leaving a landscape desolate with death;<br /></span>
+<span class="i0">And as I turn'd me to my vanish'd dream,<br /></span>
+<span class="i0">Clothed in its drapery of gloom, it rose<br /></span>
+<span class="i0">Upon my spirit, dreary as before.<br /></span>
+</div><div class="stanza">
+
+<span class="i25">II.<br /></span>
+</div><div class="stanza">
+<span class="i0">Alone&mdash;alone&mdash;a desolate dreary wild,<br /></span>
+<span class="i0">Herbless and verdureless; low swampy moss,<br /></span>
+<span class="i0">Where tadpoles grew to frogs, for leagues begirt<br /></span>
+<span class="i0">My solitary path. Nor sight nor sound<br /></span>
+<span class="i0">Of moving life, except a grey curlew&mdash;<br /></span>
+<span class="i0">As shrieking tumbled on the timid bird,<br /></span>
+<span class="i0">Aye glancing backward with its coal-black eye,<br /></span>
+<span class="i0">Even as by imp invisible pursued&mdash;<br /></span>
+<span class="i0">Was seen or heard; the last low level rays<br /></span>
+<span class="i0">Of sunset, gilded with a blood-red glow<br /></span>
+<span class="i0">That melancholy moor, with its grey stones<br /></span>
+<span class="i0">And stagnant water-pools. Aye floundering on,<br /></span>
+<span class="i0">And on, I stray'd, finding no pathway, save<br /></span>
+<span class="i0">The runlet of a wintry stream, begirt<br /></span>
+<span class="i0">With shelvy barren rocks; around, o'erhead,<br /></span>
+<span class="i0">Yea every where, in shapes grotesque and grim,<br /></span>
+<span class="i0">Towering they rose, encompassing my path,<br /></span>
+<span class="i0">As 'twere in savage mockery. Lo, a chasm<br /></span>
+<span class="i0">Yawning, and bottomless, and black! Beneath<br /></span>
+<span class="i0">I heard the waters in their sheer descent<br /></span>
+<span class="i0">Descending down, and down; and further down<br /></span>
+<span class="i0">Descending still, and dashing: Now a rush,<br /></span>
+<span class="i0">And now a roar, and now a fainter fall,<br /></span>
+<span class="i0">And still remoter, and yet finding still,<br /></span>
+<span class="i0">For the white anguish of their boiling whirl,<br /></span>
+<span class="i0">No resting-place. Over my head appear'd,<br /></span>
+<span class="i0">Between the jagged black rifts bluely seen,<br /></span>
+<span class="i0">Sole harbinger of hope, a patch of sky,<br /></span>
+<span class="i0">Of deep, clear, solemn sky, shrining a star<br /></span>
+<span class="i0">Magnificent; that, with a holy light,<br /></span>
+<span class="i0">Glowing and glittering, shone into the heart<br /></span>
+<span class="i0">As 'twere an angel's eye. Entranced I stood,<br /></span>
+<span class="i0">Drinking the beauty of that gem serene,<br /></span>
+<span class="i0">How long I wist not; but, when back to earth<span class='pagenum'><a name="Page_584" id="Page_584">[Pg 584]</a></span><br /></span>
+<span class="i0">Sank my prone eyes&mdash;I knew not where I was&mdash;<br /></span>
+<span class="i0">Again the scene had shifted, and the time,<br /></span>
+<span class="i0">From midnight to the hour when earliest dawn<br /></span>
+<span class="i0">Gleams in the orient, and with inky lines<br /></span>
+<span class="i0">The trees seem painted on the girding sky.<br /></span>
+</div><div class="stanza">
+
+<span class="i25">III.<br /></span>
+</div><div class="stanza">
+<span class="i0">A solemn hour!&mdash;so silent, that the sound<br /></span>
+<span class="i0">Even of a falling leaflet had been heard,<br /></span>
+<span class="i0">Was that, wherein, with meditative step,<br /></span>
+<span class="i0">With uncompanion'd step, measured and slow,<br /></span>
+<span class="i0">And wistful gaze, that to the left, the right,<br /></span>
+<span class="i0">Was often turn'd, as if in secret dread<br /></span>
+<span class="i0">Of something horrible that must be met&mdash;<br /></span>
+<span class="i0">Of unseen evil not to be eschew'd&mdash;<br /></span>
+<span class="i0">Up a long vista'd avenue I wound,<br /></span>
+<span class="i0">Untrodden long, and overgrown with moss.<br /></span>
+<span class="i0">It seem'd an entrance to the hall of gloom;<br /></span>
+<span class="i0">Grey twilight, in the melancholy shade<br /></span>
+<span class="i0">Of the hoar branches, show'd the tufted grass<br /></span>
+<span class="i0">With globules spangled of the fine night-dew&mdash;<br /></span>
+<span class="i0">So fine&mdash;that even a midge's tiny tread<br /></span>
+<span class="i0">Had caused them trickle down. Funereal yews<br /></span>
+<span class="i0">Notch'd with the growth of centuries, stretching round<br /></span>
+<span class="i0">Dismal in aspect, and grotesque in shape,<br /></span>
+<span class="i0">Pair after pair, were ranged: where ended these,<br /></span>
+<span class="i0">Girdling an open semicircle, tower'd<br /></span>
+<span class="i0">A row of rifted plane-trees, inky-leaved<br /></span>
+<span class="i0">With cinnamon-colour'd barks; and, in the midst,<br /></span>
+<span class="i0">Hidden almost by their entwining boughs,<br /></span>
+<span class="i0">An unshut gateway, musty and forlorn;<br /></span>
+<span class="i0">Its old supporting pillars roughly rich<br /></span>
+<span class="i0">With sculpturings quaint of intermingled flowers.<br /></span>
+</div><div class="stanza">
+
+<span class="i25">IV.<br /></span>
+</div><div class="stanza">
+<span class="i0">Each pillar held upon its top an urn,<br /></span>
+<span class="i0">Serpent-begirt; each urn upon its front<br /></span>
+<span class="i0">A face&mdash;and such a face! I turn'd away&mdash;<br /></span>
+<span class="i0">Then gazed again&mdash;'twas not to be forgot:&mdash;<br /></span>
+<span class="i0">There was a fascination in the eyes&mdash;<br /></span>
+<span class="i0">Even in their stony stare; like the ribb'd sand<br /></span>
+<span class="i0">Of ocean was the eager brow; the mouth<br /></span>
+<span class="i0">Had a hyena grin; the nose, compress'd<br /></span>
+<span class="i0">With curling sneer, of wolfish cunning spake;<br /></span>
+<span class="i0">O'er the lank temples, long entwisted curls<br /></span>
+<span class="i0">Adown the scraggy neck in masses fell;<br /></span>
+<span class="i0">And fancy, aided by the time and place,<br /></span>
+<span class="i0">Read in the whole the effigies of a fiend&mdash;<br /></span>
+<span class="i0">Who, and what art thou? ask'd my beating heart&mdash;<br /></span>
+<span class="i0">And but the silence to my heart replied!<br /></span>
+<span class="i0">That entrance pass'd, I found a grass-grown court,<br /></span>
+<span class="i0">Vast, void, and desolate&mdash;and there a house,<br /></span>
+<span class="i0">Baronial, grim, and grey, with Flemish roof<br /></span>
+<span class="i0">High-pointed, and with aspect all forlorn:&mdash;<br /></span>
+<span class="i0">Four-sided rose the towers at either end<br /></span>
+<span class="i0">Of the long front, each coped with mouldering flags:<br /></span>
+<span class="i0">Up from the silent chimneys went no smoke;<br /></span>
+<span class="i0">And vacantly the deep-brow'd windows stared,<br /></span>
+<span class="i0">Like eyeballs dead to daylight. O'er the gate<br /></span>
+<span class="i0">Of entrance, to whose folding-doors a flight<br /></span>
+<span class="i0">Of steps converging led, startled I saw,<span class='pagenum'><a name="Page_585" id="Page_585">[Pg 585]</a></span><br /></span>
+<span class="i0">Oh, horrible! the same reflected face<br /></span>
+<span class="i0">As that on either urn&mdash;but gloomier still<br /></span>
+<span class="i0">In shadow of the mouldering architrave.<br /></span>
+</div><div class="stanza">
+
+<span class="i25">V.<br /></span>
+</div><div class="stanza">
+<span class="i0">I would have turn'd me back&mdash;I would have fled<br /></span>
+<span class="i0">From that malignant, yet half-syren smile;<br /></span>
+<span class="i0">But magic held me rooted to the spot,<br /></span>
+<span class="i0">And some inquisitive horror led me on.&mdash;<br /></span>
+<span class="i0">Entering I stood beneath the spacious dome<br /></span>
+<span class="i0">Of a round hall, vacant, save here and there,<br /></span>
+<span class="i0">Where from the panelings, in mouldy shreds,<br /></span>
+<span class="i0">Hung what was arras loom-work; weather-stains<br /></span>
+<span class="i0">In mould appear'd on the mosaic floors,<br /></span>
+<span class="i0">Of marble black and white&mdash;or what was white,<br /></span>
+<span class="i0">For time had yellow'd all; and opposite,<br /></span>
+<span class="i0">High on the wall, within a crumbling frame<br /></span>
+<span class="i0">Of tarnish'd gold, scowl'd down a pictured form<br /></span>
+<span class="i0">In the habiliments of bygone days&mdash;<br /></span>
+<span class="i0">With ruff, and doublet slash'd, and studded belt&mdash;<br /></span>
+<span class="i0">'Twas the same face&mdash;the Gorgon curls the same,<br /></span>
+<span class="i0">The same lynx eye, the same peak-bearded chin,<br /></span>
+<span class="i0">And the same nose, with sneering upward curl.<br /></span>
+</div><div class="stanza">
+
+<span class="i25">VI.<br /></span>
+</div><div class="stanza">
+<span class="i0">Again I would have turned to flee&mdash;again<br /></span>
+<span class="i0">Tried to elude the snares around my feet;<br /></span>
+<span class="i0">But struggling could not&mdash;though I knew not why,<br /></span>
+<span class="i0">Self-will and self-possession vaguely lost.&mdash;<br /></span>
+<span class="i0">Horror thrill'd through me&mdash;to recede was vain;<br /></span>
+<span class="i0">Fear lurk'd behind in that sepulchral court,<br /></span>
+<span class="i0">In its mute avenue and grave-like grass;<br /></span>
+<span class="i0">And to proceed&mdash;where led my onward way?<br /></span>
+<span class="i0">Ranges of doorways branch'd on either side,<br /></span>
+<span class="i0">Each like the other:&mdash;one I oped, and lo!<br /></span>
+<span class="i0">A dim deserted room, its furniture<br /></span>
+<span class="i0">Withdrawn; gray, stirless cobwebs from the roof<br /></span>
+<span class="i0">Hanging; and its deep windows letting in<br /></span>
+<span class="i0">The pale, sad dawn&mdash;than darkness drearier far.<br /></span>
+<span class="i0">How desolate! Around its cornices<br /></span>
+<span class="i0">Of florid stucco shone the mimic flowers<br /></span>
+<span class="i0">Of art's device, carved to delight the eyes<br /></span>
+<span class="i0">Of those long since but dust within their graves!<br /></span>
+<span class="i0">The hollow hearth-place, with its fluted jambs<br /></span>
+<span class="i0">Of clammy Ethiop marble, whence, of yore,<br /></span>
+<span class="i0">Had risen the Yule-log's animating blaze<br /></span>
+<span class="i0">On festal faces, tomb-like, coldly yawn'd;<br /></span>
+<span class="i0">While o'er its centre, lined in hues of night,<br /></span>
+<span class="i0">Grinn'd the same features with the aspick eyes,<br /></span>
+<span class="i0">And fox-like watchful, though averted gaze,<br /></span>
+<span class="i0">The haunting demon of that voiceless home!<br /></span>
+</div><div class="stanza">
+
+<span class="i25">VII.<br /></span>
+</div><div class="stanza">
+<span class="i0">How silent! to the beating of my heart<br /></span>
+<span class="i0">I listen'd, and nought else around me heard.<br /></span>
+<span class="i0">How stirless! even a waving gossamer&mdash;<br /></span>
+<span class="i0">The mazy motes that rise and fall in air&mdash;<br /></span>
+<span class="i0">Had been as signs of life; when, suddenly,<br /></span>
+<span class="i0">As bursts the thunder-peal upon the calm,<br /></span>
+<span class="i0">Whence I had come the clank of feet was heard<span class='pagenum'><a name="Page_586" id="Page_586">[Pg 586]</a></span>&mdash;<br /></span>
+<span class="i0">A noise remote, which near'd and near'd, and near'd&mdash;<br /></span>
+<span class="i0">Even to the threshold of that room it came,<br /></span>
+<span class="i0">Where, with raised hands, spell-bound, I listening stood;<br /></span>
+<span class="i0">And the door opening stealthily, I beheld<br /></span>
+<span class="i0">The embodied figure of the phantom head,<br /></span>
+<span class="i0">Garb'd in the quaint robes of the portraiture&mdash;<br /></span>
+<span class="i0">A veritable fiend, a life in death!<br /></span>
+</div><div class="stanza">
+
+<span class="i25">VIII.<br /></span>
+</div><div class="stanza">
+<span class="i0">My heart stood still, though quickly came my breath;<br /></span>
+<span class="i0">Headlong I rush'd away, I knew not where;<br /></span>
+<span class="i0">In frenzied hast rushing I ran; my feet<br /></span>
+<span class="i0">With terror wing'd, a hell-hound at my heels,<br /></span>
+<span class="i0">Yea! scarce three strides between us. Through a door<br /></span>
+<span class="i0">Right opposite I flew, slamming its weight,<br /></span>
+<span class="i0">To shut me from the spectre who pursued:<br /></span>
+<span class="i0">And lo! another room, the counterpart<br /></span>
+<span class="i0">Of that just left, but gloomier. On I rush'd,<br /></span>
+<span class="i0">Beholding o'er its hearth the grinning face,<br /></span>
+<span class="i0">Another and the same; the haunting face<br /></span>
+<span class="i0">Reflected, as it seem'd, from wall to wall!<br /></span>
+<span class="i0">There, opening as I shut, onward he came,<br /></span>
+<span class="i0">That Broucoloka, not to be escaped,<br /></span>
+<span class="i0">With measured tread unwearied, like the wolf's<br /></span>
+<span class="i0">When tracking its sure prey: forward I sprang,<br /></span>
+<span class="i0">And lo! another room&mdash;another face,<br /></span>
+<span class="i0">Alike, but gloomier still; another door,<br /></span>
+<span class="i0">And the pursuing fiend&mdash;and on&mdash;and on,<br /></span>
+<span class="i0">With palpitating heart and yielding knees,<br /></span>
+<span class="i0">From room to room, each mirror'd in the last.<br /></span>
+<span class="i0">At length I reach'd a porch&mdash;amid my hair<br /></span>
+<span class="i0">I felt his desperate clutch&mdash;outward I flung&mdash;<br /></span>
+<span class="i0">The open air was gain'd&mdash;I stood alone!<br /></span>
+</div><div class="stanza">
+
+<span class="i25">IX.<br /></span>
+</div><div class="stanza">
+<span class="i0">That welcome postern open'd on a court&mdash;<br /></span>
+<span class="i0">Say rather, grave-yard; gloomy yews begirt<br /></span>
+<span class="i0">Its cheerless walls; ranges of headstones show'd,<br /></span>
+<span class="i0">Each on its hoary tablature, half hid<br /></span>
+<span class="i0">With moss, with hemlock, and with nettles rank,<br /></span>
+<span class="i0">The sculptured leer of that hyena face,<br /></span>
+<span class="i0">Softening as backwards, through the waves of time,<br /></span>
+<span class="i0">Receded generations more remote.<br /></span>
+<span class="i0">It was a square of tombs&mdash;of old, grey tombs,<br /></span>
+<span class="i0">(The oldest of an immemorial date,)<br /></span>
+<span class="i0">Deserted quite&mdash;and rusty gratings black,<br /></span>
+<span class="i0">Along the yawning mouths of dreary vaults&mdash;<br /></span>
+<span class="i0">And epitaphs unread&mdash;and mouldering bones.<br /></span>
+<span class="i0">Alone, forlorn, the only breathing thing<br /></span>
+<span class="i0">In that unknown, forgotten cemetery,<br /></span>
+<span class="i0">Reeling, I strove to stand, and all things round<br /></span>
+<span class="i0">Flicker'd, and wavering, seem'd to wane away,<br /></span>
+<span class="i0">And earth became a blank; the tide of life<br /></span>
+<span class="i0">Ebbing, as backward ebbs the billowy sea,<br /></span>
+<span class="i0">Wave after wave, till nought is left behind,<br /></span>
+<span class="i0">Save casual foam-bells on the barren sand.<br /></span>
+</div><div class="stanza">
+
+<span class="i25">X.<br /></span>
+</div><div class="stanza">
+<span class="i0">From out annihilation's vacancy,<br /></span>
+<span class="i0">(The elements, as of a second birth,<span class='pagenum'><a name="Page_587" id="Page_587">[Pg 587]</a></span><br /></span>
+<span class="i0">Kindling within, at first a fitful spark,<br /></span>
+<span class="i0">And then a light which, glowing to a blaze,<br /></span>
+<span class="i0">Fill'd me with genial life,) I seemed to wake<br /></span>
+<span class="i0">Upon a bed of bloom. The breath of spring<br /></span>
+<span class="i0">Scented the air; mingling their odours sweet,<br /></span>
+<span class="i0">The bright jonquil, the lily of the vale,<br /></span>
+<span class="i0">The primrose, and the daffodil, o'erspread<br /></span>
+<span class="i0">The fresh green turf; and, as it were in love,<br /></span>
+<span class="i0">Around the boughs of budding lilac wreathed<br /></span>
+<span class="i0">The honeysuckle, rich in earlier leaves,<br /></span>
+<span class="i0">Gold-tinctured now, for sunrise fill'd the clouds<br /></span>
+<span class="i0">With purple glory, and with aureate beams<br /></span>
+<span class="i0">The dew-refreshen'd earth. Up, up, the larks<br /></span>
+<span class="i0">Mounted to heaven, as did the angel wings<br /></span>
+<span class="i0">Of old in Jacob's vision; and the fly,<br /></span>
+<span class="i0">Awakening from its wintry sleep, once more<br /></span>
+<span class="i0">Spread, humming, to the light its gauzy wings.<br /></span>
+</div><div class="stanza">
+
+<span class="i25">XI.<br /></span>
+</div><div class="stanza">
+<span class="i0">A happy being in a happy place,<br /></span>
+<span class="i0">As 'twere a captive from his chains released,<br /></span>
+<span class="i0">His dungeon and its darkness, there I lay<br /></span>
+<span class="i0">Nestling, amid the sun-illumined flowers,<br /></span>
+<span class="i0">Revolving silently the varied scenes,<br /></span>
+<span class="i0">Grotesque and grim, 'mid which my erring feet<br /></span>
+<span class="i0">Had stumbled; and a brightness darting in<br /></span>
+<span class="i0">On my mysterious night-mare, something told<br /></span>
+<span class="i0">The what and wherefore of the effigies grim&mdash;<br /></span>
+<span class="i0">The wolfish, never-resting, tombless man,<br /></span>
+<span class="i0">Voicelessly haunting that ancestral home&mdash;<br /></span>
+<span class="i0">Yea of his destiny for evermore<br /></span>
+<span class="i0">To suffer fearful life-in-death, until<br /></span>
+<span class="i0">A victim suffer'd from the sons of men,<br /></span>
+<span class="i0">To soothe the cravings of insatiate hell;<br /></span>
+<span class="i0">An agony for age undergone&mdash;<br /></span>
+<span class="i0">An agony for ages to be borne,<br /></span>
+<span class="i0">Hope, still elusive, baffled by despair.<br /></span>
+</div><div class="stanza">
+
+<span class="i25">XII.<br /></span>
+</div><div class="stanza">
+<span class="i0">Thus as an eagle, from the altitude<br /></span>
+<span class="i0">Of the mid-sky, its pride of place attain'd,<br /></span>
+<span class="i0">Glances around the illimitable void,<br /></span>
+<span class="i0">And sees no goal, and finds no resting-place<br /></span>
+<span class="i0">In the blue, boundless depths&mdash;then, silently,<br /></span>
+<span class="i0">Pauses on wing, and with gyrations down<br /></span>
+<span class="i0">And down descends thorough the blinding clouds,<br /></span>
+<span class="i0">In billowy masses, many-hued, around<br /></span>
+<span class="i0">Floating, until their confines past, green earth<br /></span>
+<span class="i0">Once more appears, and on its loftiest crag<br /></span>
+<span class="i0">The nest, wherein 'tis bliss to rest his plumes<br /></span>
+<span class="i0">Flight-wearied&mdash;so, from farthest dreamland's shores,<br /></span>
+<span class="i0">Where clouds and chaos form the continents,<br /></span>
+<span class="i0">And reason reigns not, Fancy back return'd<br /></span>
+<span class="i0">To sights and sounds familiar&mdash;to the birds<br /></span>
+<span class="i0">Singing above&mdash;and the bright vale beneath,<br /></span>
+<span class="i0">With cottages and trees&mdash;and the blue sky&mdash;<br /></span>
+<span class="i0">And the glad waters murmuring to the sun.<br /></span>
+</div></div>
+
+<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_588" id="Page_588">[Pg 588]</a></span></p>
+<h2>FRENCH SOCIALISTS.<a name="FNanchor_28_28" id="FNanchor_28_28"></a><a href="#Footnote_28_28" class="fnanchor">[28]</a></h2>
+
+<p>Socialism, as well in this country as in France, may be regarded as an
+offset of the French Revolution. It is true that, in all times, the
+striking disparity between the conditions of men has given rise to
+Utopian speculations&mdash;to schemes of some new order of society, where the
+comforts of life should be enjoyed in a more equalized manner than seems
+possible under the old system of individual efforts and individual
+rights; and it may be added that, as this disparity of wealth becomes
+more glaring in proportion as the disparity of intelligence and
+political rights diminishes, such speculations may be expected in these
+later times to become more frequent and more bold. Nevertheless we
+apprehend that the courage or audacity requisite to attempt the
+realization of these speculative schemes, must confess its origin in the
+fever-heat of the French Revolution. It required the bold example of
+that great political subversion to prompt the design of these social
+subversions&mdash;to familiarize the mind with the project of reducing into
+practice what had been deemed sufficiently adventurous as reverie.</p>
+
+<p>What a stride has been taken since those olden times, when the
+philosophic visionary devised his Utopian society with all the freedom,
+because with all the irresponsibility, of dreams! He so little
+contemplated any practical result, that he did not even venture to bring
+his new commonwealth on the old soil of Europe, lest it should appear
+too strange, and be put out of countenance by the broad reality: but he
+carried it out to some far-off island in the ocean, and created a new
+territory for his new people. A chancellor of England, the high
+administrator of the laws of property, could then amuse his leisure with
+constructing a Utopia, where property, with all its laws, would undergo
+strange mutation. How would he have started from his woolsack if any one
+had told him that his design would be improved upon in boldness, and
+that such men as his own carpenter and mason would set about the
+veritable realization of it! At the present time nothing is more common
+or familiar than the project of changing entirely the model of society.
+"To subvert a government," writes M. Reybaud of his own country men, "to
+change a dynasty or a political constitution, is now an insignificant
+project. Your socialist is at peace with kings and constitutions; he
+merely talks in the quietest manner imaginable of destroying every
+thing, of uprooting society from its very basis."</p>
+
+<p>Indeed, if the power of these projectors bore any proportion to their
+presumption, our neighbours would be in a most alarming condition. To
+extemporize a social system, a new humanity, or at least a new
+Christianity, is now as common as it was formerly, on leaving college,
+to rhyme a tragedy. The social projector, sublimely confident in
+himself, seems to expect to realize, on a most gigantic scale, the fable
+of Mesmerism; he will put the whole world in <i>rapport</i> with him, and it
+shall have no will but his, and none but such blind, imitative movements
+as he shall impress on it. And it is to a sort of <i>coma</i> that these
+projectors would, for the most part, reduce mankind&mdash;a state where there
+is some shadow of thought and passion, but no will, no self-direction,
+no connexion between the past and present&mdash;a state aimless, evanescent,
+and of utter subjugation. Fortunately these social reformers, however
+daring, use no other instruments of warfare than speech and pamphlets;
+they do not betake themselves to the sharp weapons of political
+conspiracy. They must be permitted, therefore, to rave themselves out.
+And this they will do the sooner from their very number. There are too
+many prophets; they spoil the trade; the Mesmerizers disturb and
+distract each other's efforts; the <i>fixed idea</i> that is in them will not
+fix any where else. Those<span class='pagenum'><a name="Page_589" id="Page_589">[Pg 589]</a></span> who, in the natural order of things, should
+be dupes, aspire to be leaders, and the leaders are at a dead struggle
+for some novelty wherewith to attract followers. We have, for instance,
+M. Pierre Leroux, most distinguished of the <i>Humanitarians</i>, the last
+sect which figures on the scene, bidding for disciples&mdash;with what, will
+our readers think?&mdash;with the doctrine of metempsychosis! It is put
+forward as a fresh inducement to improve the world we live in, that we
+shall live in it again and again, and nowhere else, and be our own most
+remote posterity. We are not assured that there is any thread of
+consciousness connecting the successive apparitions of the same being;
+yet some slight filament of this kind must be traceable, for we are
+informed that M. Leroux gives himself out to have been formerly Plato.
+He has advanced thus far in the scale of progression, that he is at
+present M. Leroux.<a name="FNanchor_29_29" id="FNanchor_29_29"></a><a href="#Footnote_29_29" class="fnanchor">[29]</a></p>
+
+<p>Still the frequent agitation of these social reforms cannot be, and has
+not been, without its influence on society. It is from this influence
+they gain their sole importance. Such schemes as those of St Simon, of
+Fourier, and of our own Robert Owen, viewed as projects to be realized,
+are not worth a serious criticism. In this point of view they are
+considered, at least in this country, as mere nullities. No one
+questions here whether they are feasible, or whether, if possible, they
+would be propitious to human happiness. But the constant agitation in
+society of such projects may be no nullity&mdash;may have, for a season, an
+indisputable and very pernicious influence. As systems of doctrine they
+may not be ineffective, nor undeserving of attention; and in this light
+M. Reybaud, in the work we now bring before our readers, mainly
+considers them.</p>
+
+<p>M. Reybaud has given us a sketch of the biography and opinions of the
+most celebrated of those men who have undertaken to produce a new scheme
+of human life for us; he has introduced his description of them and
+their projects by some account of the previous speculations, of a
+kindred nature indeed, but conducted in a very different spirit, of
+Plato, Sir Thomas More, and others; and he has accompanied the whole
+with observations of his own, which bear the impress of a masculine
+understanding, a candid judgment, and a sound, healthy condition of the
+moral sentiments. The French Academy has distinguished the work by
+according to it the Montyon prize&mdash;a prize destined annually to the
+publication judged most beneficial to morals; and in this judgment of
+the Academy every private reader, unless he has some peculiar morality
+of his own, will readily acquiesce.</p>
+
+<p>Our author is not one of those who at once, and without a question,
+reject all schemes for the amelioration of society; nor has he sat down
+to write the history of these social reformers for the mere purpose of
+throwing on them his contempt or irony. He has even been accused, it
+seems, by some of his critics, of manifesting too much sympathy with the
+enthusiasts he has undertaken to describe. He tells us, in the preface
+to his second edition, that he has encountered the contradictory
+accusations of being too severe, and too indulgent, towards them; from
+which he concludes, that he cannot have widely departed from the tone
+which truth and impartiality would prescribe. This is a conclusion which
+authors are very apt to draw; they very conveniently dispatch their
+several critics by opposing them to each other. But this conclusion may
+be drawn too hastily. Two contradictory accusations do not always
+destroy each other, even when<span class='pagenum'><a name="Page_590" id="Page_590">[Pg 590]</a></span> they are made by judges equally
+competent. The inconsistency may be in the author himself, who may, in
+different portions of his work, have given foundation for very opposite
+censures. In the present case, although we have already intimated that
+M. Reybaud writes with a spirit of fairness and candour, we cannot admit
+him to the full benefit of the conclusion he draws in his own favour,
+from the opponent criticisms he has met with. There are individual
+passages in his work which it would be difficult to reconcile with each
+other, and which invite very different criticisms. On some occasions he
+appears to attribute a certain value to these tentatives at social
+reform, and intimates that they may probably be the precursors, or may
+contain the germ, of some substantial improvement; whilst at other
+times, he scourges them without pity or compunction, as a species of
+moral pestilence. He seems not to have been able, at all moments, to
+defend himself from the <i>vertige</i> which possesses the personages of whom
+he is writing; like a certain historian of witchcraft, whom we have
+somewhere read of, who had so industriously studied his subject that a
+faith in the black art imperceptibly gained upon him. The narrative goes
+on to say, that the unfortunate historian of witchcraft attempted to
+practise the knowledge he had obtained, and was burned for a wizard. But
+there the analogy will certainly fail. M. Reybaud soon recovers from the
+visionary mood, and wakes himself thoroughly by inflicting the lash with
+renewed vigour upon all the other dreamers around him.</p>
+
+<p>This shadow of inconsistency is still more perceptible when speaking of
+the lives and <i>characters</i> of his socialists. Sometimes the reader
+receives the impression that an egregious vanity, an eccentric ambition,
+and perhaps a little touch of monomania, would complete the picture, and
+sufficiently explain that conduct, of a hero of socialism. At another
+time his enthusiasts assume a more imposing aspect. St Simon sacrificing
+his fortune, abjuring the patronage of the court, dying in extreme
+poverty&mdash;Charles Fourier refusing all entrance into commerce that would
+implicate him with a vicious system, and pursuing to the end, amidst
+want and ridicule, the labours of social regeneration&mdash;our own Robert
+Owen quitting ease and fortune, and crossing the Atlantic for the New
+World, there to try, upon a virgin soil, his bold experiment of a new
+society;&mdash;these men rise before us endowed with a certain courage and
+devotion which ought to command our admiration. We see them in the light
+of martyrs to a faith which no one shares with them&mdash;sacrificing all,
+enduring all, for a hope which <i>is</i> of this world, for schemes which
+they will never see realized, for a heaven which they may prophesy, but
+which they cannot enter; manifesting, in short, the same obstinacy of
+idea, and the same renouncement of self, which distinguish the founders
+of new religions. And indeed we are not disposed to deny, that in their
+character they may bear a comparison, in many points, with religious
+impostors. There is this striking difference, however, in the effect of
+their teaching: the religious impostor has often promised a paradise of
+merely voluptuous enjoyment, but he has promised it as the reward of
+certain self-denying virtues to be practised here on earth; whilst the
+socialist insists upon bringing his sensual ill-ordered paradise,
+wherein all virtue is dispensed with as superfluous, here, at once, upon
+this earth we have to live and toil in.</p>
+
+<p>The first volume of the work contains an account of the life and
+writings of St Simon, Fourier, and Owen. The second is very
+miscellaneous. We encounter, to our surprise, the name of Jeremy Bentham
+in the category of socialists, and are still more startled to learn that
+the Utilitarians derive their origin from Robert Owen! It is a jumble of
+all sects, religious and political, in which even our Quakers are
+included in the list of social reformers&mdash;our excellent <i>Friends</i>, who
+assuredly have no wish whatever to disturb the world, but seek merely to
+live in it as it is, with the additional advantage of being themselves
+particularly quiet and comfortable. But we are so accustomed to the
+haste of negligence of the majority of French writers whenever<span class='pagenum'><a name="Page_591" id="Page_591">[Pg 591]</a></span> they
+leave their own soil, (unless the literature or concerns of a foreign
+country be their special subject,) that we are not disposed to pass any
+very severe censure on M. Reybaud; and still less should we do him the
+injustice to prejudge his qualifications as an historian of his own
+countrymen, by the measure of accuracy he may display in that part of
+his work which relates to England. It is a part of his work which we
+have but slightly perused; our attention has been confined to the
+socialists of France.</p>
+
+<p>Amongst these founders of society, and constructors of Mahometan
+paradises, Fourier is, we believe, the least known in this country. Some
+brief account of him will, we think, be acceptable; more especially as
+some of his ideas, leaving the narrow circle of his disciples, have
+found partisans amongst men who, in other respects, have a reputation
+for sobriety of thought. Our readers need not fear that we shall
+overwhelm them with all the institutions, plans, projects,
+arrangements&mdash;the complete <i>cosmogony</i>, in short, of this most laborious
+of the tribe. A very little of such matter is quite enough. One may say
+with truth that it is such stuff,</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Whereof a little more than a little<br /></span>
+<span class="i0">Is by much too much."<br /></span>
+</div></div>
+
+<p>Nothing is more charming to the imagination than the first general idea
+of some new community, where all men are to be happy, every body active,
+benevolent, reasonable. But the moment we leave this general idea, enter
+upon particulars, and set about the arrangements necessary for this
+universally comfortable state of things, there is nothing in the world
+more tedious and oppressive. Proposals for new political institutions
+are sufficiently wearisome; but proposals for earthly elysiums, which
+are to embrace the whole circle of human affairs, become insupportably
+dull. It is child's play, played with heavy granite boulders. No; if we
+were capable of being seduced for a moment into the belief of some
+golden age of equality, where a parental government, presiding over all,
+should secure the peace and prosperity of all, we should need no other
+argument to recover us from the delusion than simply to <i>read on</i>, and
+learn how this parental government intends to accomplish its purpose.
+When we find that, in order to be relieved from domestic cares, we are
+to have <i>no home at all</i>; that our parental government, in order to
+provide for our children, begins by taking them away from us; when we
+picture to ourselves the sort of wooden melancholy figures we must
+become, (something like the large painted dolls in a Dutch garden, stuck
+here and there without choice or locomotion of their own,) we speedily
+lose all inclination to enter upon this discipline of happiness. We quit
+with haste this enchanted garden, which turns out to be an enormous
+piece of clockwork, and embrace with renewed content the old state of
+personal freedom, albeit attended with many personal inconveniences.
+Whilst reading of Utopian schemes, the idea has very vividly occurred to
+us: suppose that some such society as this, where land and wives, money
+and children, are all in common, had been for a long time in existence,
+and that some clever Utopian had caught an inkling of the old system so
+familiar to us, and had made the discovery that it would be possible,
+without dissolving society, to have a wife of one's own, a house of
+one's own, land and children of one's own. Imagine, after an age of
+drowsy clockwork existence, one of these philosophers starting the idea
+of a free society, of a social organization based upon individual rights
+and individual effort&mdash;where property should not only be possessed, but
+really <i>enjoyed</i>&mdash;where men should for the first time stretch their
+limbs, and strain their faculties, and strive, and emulate, and endure,
+and encounter difficulties, and have friendships. What a commotion there
+would be! How would the younger sort, rebelling against the old rotten
+machine in which they had been incarcerated, form themselves into
+emigrating bands, and start forth to try upon some new soil their great
+experiment of a free life! How would they welcome toil in all its
+severity&mdash;how willingly practise abstinence, and suffer privation, for
+the sake of the bold rights which these would purchase!&mdash;how willingly
+take upon themselves the responsibility of their own fate to<span class='pagenum'><a name="Page_592" id="Page_592">[Pg 592]</a></span> enjoy a
+fortune of their own shaping! Hope herself would start from the earth
+where she had been so long buried, and waving her rekindled torch, would
+lead on to the old <i>race</i> of life!</p>
+
+<p><i>Charles Fourier</i> was the son of a woollen-draper at Besan&ccedil;on. Two
+circumstances in his early history appear to have made a strong
+impression upon him. When he was a child, he contradicted, in his
+father's shop, some customary falsehood of the trade, and with great
+simplicity revealed the truth; for this he was severely reprimanded.
+Afterwards, when he was of the age of nineteen, and a clerk in a
+merchant's house at Marseilles, he was present at a voluntary submersion
+of grain, made in order to raise the price in the market. These
+circumstances, he used to say, opened his eyes to the nature of human
+relations. Falsehood and selfishness, systematic falsehood and
+selfishness without a shadow of scruple, were at the basis of all our
+commercial dealings. It was time, he thought, that a new order of things
+should arise, founded upon veracity and a harmony of interests.</p>
+
+<p>For himself, his part was taken. He became the man of one idea. "We
+might rather say of him," writes M. Reybaud, "that he traversed the
+world, than that he lived in it." He refused to enter into any
+commercial dealings that might implicate him in the existing system, and
+warp his feelings in favour of it; and exercised to the last, for a bare
+subsistence, the mere mechanical employment of a copying clerk. He never
+understood the art of making for himself two separate existences: one in
+the domain of fiction or of thought; the other in the land of reality.
+He passed all that might be called his life in the ideal world of his
+own creating.</p>
+
+<p>According to Fourier, there is but one deep and all-pervading cause of
+the miseries of man: it is, that he does not comprehend the ways of God,
+or, in other words, the laws of his own being. If humanity does not
+<i>work well</i>, and with the same harmony that the planetary system
+exhibits, it is because he is determined to impress upon it other
+movements than those the Creator designed. Between the creature and the
+Creator there has been, as he expresses it, a misunderstanding for these
+five thousand years past.</p>
+
+<p>The great error, it seems, that has been committed, is the supposing
+that there are any passions of man which require to be restrained. God
+has made nothing ill&mdash;nothing useless. You have but to let these
+passions quite loose, and it will be found that they move in a beautiful
+harmony of their own. These <i>attractions</i>&mdash;such is his favourite
+word&mdash;are as admirably adjusted as those which rule over the course of
+the planets. <i>Duty</i>, he says, is human&mdash;it varies from epoch to epoch,
+from people to people. <i>Attraction</i>&mdash;that is to say, passion&mdash;is divine;
+and is the same amongst all people, civilized and savage, and in all
+ages, ancient and modern. At present the passions are compressed, and
+therefore act unhappily; in future, they shall be free, satisfied, and
+shall act according to the law they have received from God. To yield to
+their impulse is the only wisdom; to remove whatever obstacles society
+has placed in the way of their free exercise, is the great task of the
+reformer.</p>
+
+<p>Fourier does not hesitate to place himself by the side of Newton, in
+virtue of his discovery of this new law of attraction. If any comparison
+can be made, we think&mdash;inasmuch as to unravel the problem of humanity is
+a greater task than to elucidate the movements of the planets&mdash;that
+Fourier was warranted in placing himself infinitely above Newton.
+Unfortunately, there is this difference between the two, that Newton's
+law explains existing phenomena, while Fourier's explained phenomena
+that do <i>not</i> exist&mdash;that are, however, to exist some day.</p>
+
+<p>Having established his fundamental law of the attraction of the
+passions, (which, he finds, amount to the number of twelve, and, in this
+respect, to bear some occult analogy to the sidereal system, the
+prismatic colours, and the gamut,) he has nothing to do but to set them
+fairly at work. This he does, and discovers that they form men into
+delightful communities, or <i>phalanges</i>, of about eighteen hundred men
+each. Here nothing shall be wanting. Whether it is love or labour,<span class='pagenum'><a name="Page_593" id="Page_593">[Pg 593]</a></span>
+<i>attraction</i> supplies all. "Labour will be a charm, a taste, a
+preference&mdash;in short, a passion. Each man will devote himself to the
+occupation that he likes&mdash;to twenty occupations, if he likes twenty. A
+charming rivalry, an enthusiasm always new, will preside over human
+labour, when, under the law of attraction, men will be associated by
+<i>groups</i>, the last social fraction&mdash;by <i>series</i>, which are the
+association of groups&mdash;by <i>phalanges</i>, which are the association of
+series."&mdash;(P. 123.)</p>
+
+<p>The dwelling-place of a <i>phalange</i> will be called a <i>phalanst&egrave;re</i>&mdash;an
+edifice commodious and elegant, wherein, while the convenient
+distribution of the interior will be first considered, the claims of
+architecture will not be forgotten. It will be a vast structure of the
+most beautiful symmetry, testifying by its magnificence to the splendour
+of the new life of which it is to be the scene. Galleries, baths, a
+theatre, every thing conducive to a pleasurable existence, will be found
+in it. A strict equality of wealth is no part of the scheme of our
+socialist; but every one will have a sufficiency, and will obtain
+apartments and provisions in the <i>phalanst&egrave;re</i> suitable to his fortune.
+M. Fourier further guarantees, that there shall be no vanity amongst the
+rich, and no mortification felt by the poorer brethren of the
+establishment.</p>
+
+<p>As to the expense of this <i>phalanst&egrave;re</i>, M. Fourier undertakes to
+construct it for what the building of four hundred miserable cottages
+would cost, which would not accommodate a much greater number of
+individuals, and which would fall to pieces after a few years. And as to
+housekeeping, would not one enormous kitchen replace to advantage four
+hundred small and ill-appointed kitchens? one vast cellar four hundred
+little cellars? one gigantic washhouse four hundred damp, wretched
+outhouses, not worthy of the name? Add to which, that much may be done
+in these gigantic kitchens and washhouses by the judicious introduction
+of a steam-engine, which might also be employed in supplying all the
+apartments with water.</p>
+
+<p>Labour, proceeding with such facility, such ardour, such enthusiasm,
+as it will do in the <i>phalanst&egrave;re</i>, must bring in enormous
+profits&mdash;quadruple, as M. Fourier thinks, of what our present
+ineffective means produce. It is in the division of these profits that
+our socialist has been thought particularly happy; here it is that he
+introduces his famous formula, "to associate men in capital, labour, and
+talent," (associer les hommes en capital, travail, et talent.) The whole
+profits of the community are first to be divided into three portions;
+one for capital, one for labour, and one for talent&mdash;say four-twelfths
+for capital, five-twelfths for labour, and three-twelfths for talent.
+The portion allotted to the capitalists can create no difficulty&mdash;it
+will be divided amongst them in proportion to the amount of capital they
+severally supply. But a difficulty presents itself in the distribution
+of the other two portions. Are all species of labour, and all
+descriptions of talent, to be equally remunerated, or by what rule shall
+their several rewards be determined? M. Fourier declares that the
+labours <i>necessary</i> to the community shall be most highly recompensed;
+then those that are <i>useful</i>; and last of all, those which administer,
+as the fine arts, only to pleasure and amusement. For this determination
+he gives a sound reason, but one which we ought not to have heard from
+the centre of a <i>phalanst&egrave;re</i>; it is, that necessary labours are nearly
+all of a repugnant nature, and should therefore be most amply rewarded.</p>
+
+<p>To determine the degree of talent the individual has displayed, the
+principle of election is called in. There is, however, a high order of
+talent which is considered quite apart. Great artists, great
+mechanicians, great writers&mdash;these belong to no <i>phalange</i>, but to
+humanity. The world will charge itself with their remuneration. They
+will be relieved from the usual condition of labour; and when, after a
+long repose, they have produced a work, (how it comes to be known what
+bird will lay the golden egg till the egg is laid, we are not told,)
+then will a jury, assembled at the metropolis of the world, which will
+be built on the site of Constantinople, vote them a recompense.
+"Imagine, for example, Jacquart or Watt, Newton or Corneille, presenting
+themselves before this august tribunal&mdash;Jacquart with his<span class='pagenum'><a name="Page_594" id="Page_594">[Pg 594]</a></span> loom, Watt
+with his steam-engine, Newton with his theory of attractions, Corneille
+with his most beautiful tragedy. At the instant, to the exclusion of all
+delays and hazards of fame, there would be voted to these great men a
+remuneration, to be levied on all the <i>phalanges</i>. Suppose only five
+francs on each <i>phalange</i>, and that there were five hundred thousand
+<i>phalanges</i> on the globe, the jury would have accorded a sum of
+2,500,000 francs; Jacquart would not have been compelled to die in a
+state bordering on indigence, after having enriched the universe."</p>
+
+<p>Fournier was in person short, thin, and pale, but his melancholy and
+pensive physiognomy bore traces of his long, unquiet, and ungrateful
+labours. A simple clerk, he did not venture, when he published his
+writings, to sign them with any other name than that of <i>Charles</i>,
+declaring himself ready, under that name, to answer any objections that
+might be addressed to him. Alas! there were few objections addressed to
+him; Charles got no readers; men pitied or ridiculed him as a visionary.
+Repulsed by the surrounding world, there remained nothing for him but to
+live in that creation of his own, in which, at all events, he reigned
+supreme. In his reveries he found his only happiness. He walked glorious
+in the midst of joyful enthusiastic multitudes, who saluted him as their
+benefactor, and proclaimed him as their sovereign; he spoke to these
+beings, the children of his dreams, in a language which he alone
+comprehended; he built his <i>phalanst&egrave;re</i>, peopled, organized it;
+conducted himself the labours of his harmonic groups, founded his towns,
+his capitals, nay, his capital of the world, which he erected on the
+Bosphorus, uniting the east and west, the north and south. There he
+placed with his own hand the laurel, decreed by his million of
+phalanges, on the brow of the greatest philosopher of his age. "These
+festivals of the imagination," says M. Reybaud, "were the only pleasures
+that relived the long, and gloomy, and proud poverty of Fourier."</p>
+
+<p>One trait we cannot pass over, as it seems, so to speak, to have a
+psychological value. Such was his habit of ordering and arranging all
+things, that <i>Charles</i> not only undertook to regulate the affairs of
+men, and redress the inequalities of their several destinies, but he
+took into his consideration the inequalities of the several climates of
+the earth, and very seriously occupied himself with redressing their
+anomalies. To him, as he walked the streets of Paris, the severe cold of
+the North Pole was disquieting, and a subject of uneasiness; it was part
+of his mission to temper and subdue it, and tame it for the habitation
+of men. Perhaps the heat from those gigantic kitchens in his
+<i>phalanst&egrave;res</i> might help him in his task. At all events, this and other
+gross atmospheric irregularities were not be endured in the world which
+he was planning.</p>
+
+<p>There are two things, M. Reybaud remarks, especially reprehensible in
+the theory of Fourier and of kindred socialists&mdash;First, the confounding
+happiness with enjoyment, and the legitimating of all our passions; and
+Secondly, the egregious expectation of moulding mankind by an external
+or social organization, without calling in aid the virtues of the
+individual. The one necessarily follows on the other. The chain of error
+is manifest, and leads, as a chain of error may be expected to do, to
+inextricable confusion. If mere enjoyment, if the gratification of our
+senses and passions, be the highest aim and condition of the human
+being, it follows that all moral discipline, all self-denial, must be
+regarded as so much defect, so much imperfection, so much manifest
+failure in the world-scheme. That lofty gratification which men have
+been accustomed to attribute to self-control, to abstinence practised
+under a sense of duty, or in the cause of justice, this is to be
+measured off as so much simple misery, or so much negation of enjoyment.
+Let all restraint be discarded: let man be free; but yet, as the good of
+the whole is to be consulted in all societies, and in the new society is
+consulted in an eminent degree, the individual thus released from all
+self-control must be ruled despotically, or, if you will, moulded,
+fashioned, mechanized by the laws of the community; for we suppose it
+will be admitted, whatever<span class='pagenum'><a name="Page_595" id="Page_595">[Pg 595]</a></span> M. Fourier tells us of his discovered law of
+attraction, that a very stringent legislation must bind together that
+harmonic society, which begins by giving loose rein to all the passions
+of mankind. How the two are to be practically reconciled&mdash;how the utmost
+license of the individual is to be combined with the utmost and most
+minute supervision of the laws, we leave the socialist to determine.
+Such is the miserable tissue of error and confusion which these projects
+present to view.</p>
+
+<p>These socialists are fond of inventing new Christianities, and in some
+<i>salons</i> in Paris it is, or was till very lately, the fashion to have a
+new Christianity propounded every full moon. New enough! They present at
+least a sufficient contrast with the old Christianity, and in no other
+point more than in this&mdash;the complete dependence for the formation of
+the character of individuals on the art of grouping and regimenting
+them. Christianity has supported for ages monastic institutions,
+institutions the most counter to the passions of men, solely by its
+strong appeal to the individual conscience. St Simonian institutions, or
+delightful <i>phalanst&egrave;res</i>, will in vain flatter every passion and
+indulge every sense; if they leave the conscience inert, if nothing is
+built on the sense of duty, they will no sooner rise but they will
+crumble back again into dust.</p>
+
+<p>But we do not touch upon these fundamental errors of the socialists,
+with the superfluous view of showing the impossibility of realizing
+their schemes; we note them because their recognition demonstrates at
+once the ill influence which must attend on the teaching and constant
+agitation of such schemes. On the one hand, all our desires authorized,
+and self-control put out of countenance as a mere marplot; on the other
+hand, perpetual representations that a government or social organization
+could effect every thing, or almost every thing that can be desired for
+the happiness of man. What must follow but that men learn to indulge
+themselves in a very lax morality, and to make most extravagant demands
+on the government, or the legislative force of society? Their notions of
+right and wrong, and their ideas of the duty and office of government,
+become equally unsettled and erroneous.</p>
+
+<p>We have the authority of M. Reybaud&mdash;and we could bring other
+authorities if it were necessary&mdash;for saying that, in France, the habit
+of attributing the vices of individuals, not to their own weakness or
+ungoverned propensities, but to the malorganization of society, has
+shown itself in a strange and ominous indulgence to crime. It was the
+old fashion, he says, upon hearing of any enormity, to level our
+indignation against the perpetrator; it is now the mode, to direct it
+against that culpable abstraction, society. Society is, indeed, the sole
+culprit. When the novelist has detailed some horrible assassination, or
+gross adultery, he exclaims, Behold what society has done! The criminal
+himself passes scathless; if, indeed, he may not put in a claim to our
+especial sympathy, as having been peculiarly ill-used by that society,
+whose duty it manifestly was to make him wise, and humane, and happy.
+Man, in his individual capacity, is not to be severely criticised; the
+censure falls only upon man in his aggregate and corporate capacity.
+Polite, at all events. No one can possibly take offence at reproofs
+leveled at that invisible entity, the social body; or suppose for a
+moment that he is included in the censure. It used to be thought that
+the aggregate was made up of individuals, and that, in order to
+constitute a well-ordered community, there must be virtuous and
+well-ordered men. The reverse is now discovered to be the truth.
+<i>First</i>, have a well-ordered and divinely happy community, and then the
+individual may do as he likes; as our comedian says, "his duties will be
+pleasures."</p>
+
+<p>It is a perilous habit to fall into at the best&mdash;that of regarding the
+present condition of society as something doomed to destruction. But the
+evil is unmistakeable and most pernicious, when it is proclaimed, that
+in the new and expected order of things, the old morality will be
+entirely superfluous, a mere folly, an infliction on ourselves and
+others. Why take care of the old furniture, that will be worse than an
+incumbrance in the new premises?<span class='pagenum'><a name="Page_596" id="Page_596">[Pg 596]</a></span> Why not begin at once the work of
+battery and destruction?</p>
+
+<p>The influence which these speculations exert in unsettling men's notions
+upon the duties of government, on the first principles of political or
+social economy, is less glaring, but not, on this account, the less
+prejudicial. Men, who are far from embracing entirely any one of the
+schemes of these socialists, fall into the habit of looking for the
+relief and amelioration of society to some legislative invention, some
+violent interference with the free and spontaneous course of human
+industry. The <i>organization of industry</i> is the phrase now in high
+repute; repeated, it is true, with every variety of meaning, but always
+with the understanding, that government is to interfere more or less in
+the distribution of wealth, in the employment of capital, and the
+exercise of labour. The first principles on which modern civilization is
+based, are taxed as the origin of all the evils that afflict society.
+All our soundest maxims of political economy are discarded and
+disgraced. That each man shall be free in the choice and practice of his
+trade or calling&mdash;that the field of competition shall be open to
+all&mdash;that each individual shall be permitted to make the best bargain he
+can, whether for the wages of his labour or the price of his
+commodities&mdash;all these trite but invaluable maxims are incessantly
+decried, and nothing is heard of but the evils of competition, and the
+unequal recompense of labour. In their fits of impotent benevolence,
+these speculative physicians assail, as the cause of the existing
+distress, those principles which, in fact, are the conditions of all the
+prosperity we have attained, or can preserve, or can hope in future to
+attain.</p>
+
+<p>This title of the individual, whether workman or capitalist, to the
+control and conduct of his own affairs&mdash;this "fair field and no favour"
+system&mdash;is not to be described as if it were a mere theory of political
+economy, and disputable like some other branches of a science not yet
+matured. It is the great conquest of modern civilization; it is the
+indispensable condition to the full development of the activity and
+enterprise of man. The liberation of the artisan and the labourer, is
+the signal triumph of modern over ancient times whether we regard
+classic or Gothic antiquity. Viewing things on a large scale, it may be
+considered as a <i>late</i> triumph; and, without depreciating its value, we
+may easily admit that there remains much to be done in the cultivation
+of the free artisan, to enable him to govern himself, and make the best
+of his position. But any scheme, which, under the pretext of
+ameliorating his position, would place him again under tutelage, is a
+scheme of degradation and a retrograde movement. He is now a freeman, an
+enrolled member of a civilized state, where each individual has, to a
+great extent, the responsibility thrown upon himself for his own
+well-being; he must have prospective cares, and grow acquainted with the
+thoughtful virtue of prudence. That release from reflection, and anxiety
+for the future, which is the compensating privilege of the slave or the
+barbarian, he cannot hope any longer to enjoy. Whatever its value, he
+must renounce it. He must become one of us, knowing good and evil,
+looking before and behind. In this direction&mdash;in the gradual improvement
+of the labourer&mdash;lies our future progress, progress slow and toilsome,
+little suited to the socialist who calculates on changing, as with the
+touch of a wand, the whole aspect of society.</p>
+
+<p>We said that some of the ideas of Charles Fourier had been adopted by
+men who do not exactly aspire to the rank of social reformers. We will
+give an instance, which at the same time will illustrate this tendency
+to introduce legislation on those very subjects from which it has been
+the effort of all enlightened minds, during the last century, to expel
+it. A M. Ducpetiaux, a Belgian, who comes vouched to us for a safe and
+respected member of society by the number of titles, official and
+honorary, appended to his name, in a voluminous and chiefly statistical
+work, <i>Sur la Condition des Jeunes Ouvriers</i>, wherein his views are in
+the main temperate and judicious, declares himself a partisan of some
+system similar to what Fourier points out in his famous
+formula&mdash;<i>associer les hommes en capital, travail, et talent</i>. He
+requires a union of interest,<span class='pagenum'><a name="Page_597" id="Page_597">[Pg 597]</a></span> a partnership in fact, between the
+capitalist and the workman. M. Ducpetiaux does not lay down the
+proportion in which the profits are to be divided between them; he is
+too cautious to give any figures&mdash;there are some ideas which do not bear
+the approach of arithmetic&mdash;but he adopts the principle. It is thus that
+he speaks in his introductory chapter.</p>
+
+<div class="blockquot"><p>"In so conflicting a state of things<a name="FNanchor_30_30" id="FNanchor_30_30"></a><a href="#Footnote_30_30" class="fnanchor">[30]</a> there remains but one
+remedy: to re-establish violated equity, to restore to the
+producers their legitimate share of what is produced, to bring
+back industry to its primitive aim and object&mdash;such is the work
+which is now, by the aid of every influence, individual and
+social, to be prosecuted. It is not a partial relief that is
+called for, but the complete restoration (r&eacute;habilitation
+compl&egrave;te) of the labourer. The mark which ages of servitude
+have impressed upon his front, cannot be effaced but by an
+energetic and sustained effort. The palliatives hitherto
+employed, have only exposed the magnitude of the evil. This
+evil we must henceforth attack in its origin, in the
+organization of labour, and the constitution of society.</p>
+
+<p>"What is the existing base of the relations between master and
+workman? Selfishness. Every one for himself, that is, every
+thing for me and nothing, or the least quantity possible, for
+others. Here is the evil. A blind and bitter contest must
+spring from this opposition of interests. To put an end to this
+there is but one means: the recognition of the law of union,
+(la loi de solidarit&eacute;,) by virtue of which interests will
+amalgamate and divisions disappear. This law is the palladium
+of industry; refuse to acknowledge it, and every thing remains
+in a state of chaos: proclaim it, and every thing is remedied,
+every thing prospers. The capitalist comes in aid of the
+workman as the workman comes in aid of the capitalist; it is a
+common prosperity they enjoy, and if any thing menaces it, they
+are united for its defence. The law of union puts an end to an
+unfeeling employment of our fellow men, (<i>&agrave; l'exploitation
+brutale;</i>) it replaces men in their natural position; it
+re-establishes amongst them the relations of respect, esteem,
+and mutual benevolence which Christian fraternity demands; it
+substitutes association for rivalry; it restores to justice her
+empire, and to humanity its beneficence."</p></div>
+
+<p>Translating all this into simple language, there is to be a partition by
+the legislature, according to some rule of natural equity, between the
+capitalist and the labourer, of the proceeds of their common enterprise.
+We confess ourselves utterly incapable of devising any such rule of
+equity. The share which falls to the capitalist under the name of
+profits, and the share which falls to the labourer under the name of
+wages, is regulated under the present system by the free competition
+amongst the labourers on the one hand, and the capitalists on the other;
+it is the result of an unfettered bargain between those who possess
+capital and those who practise industry. This is, at all events, an
+intelligible ground, and has in it a species of rough equity; but if we
+desert this position, and appeal to some natural rule of justice to make
+the division, we shall find ourselves without any ground whatever. For
+what are the rights of capital in the face of any <i>&agrave; priori</i> notions of
+justice? We shall stumble on from one vague proposition to another, till
+we find ourselves landed in the revolutionary doctrine of the equal
+imprescriptible rights of man. This is the first stage at which we can
+halt. Judged by this law of equality, the capitalist is but one man, and
+capital is but another name for the last year's harvest, or the
+buildings, tools, and manufactures which<span class='pagenum'><a name="Page_598" id="Page_598">[Pg 598]</a></span> the labourers themselves, or
+their predecessors, have produced. The utmost the ex-capitalist could
+expect&mdash;and he must practise his handicraft before he can be entitled
+even to this&mdash;is to be admitted on a footing of equality in the
+extensive firm that would be constituted of his quondam operatives.</p>
+
+<p>We often observe, in this country, an inclination manifested to regulate
+by law the rate of wages, not with the view of instituting any such
+naturally equitable partition, but of establishing a <i>minimum</i> below
+which life cannot be comfortably supported. These reasoners proceed, it
+will at once be admitted, not on the rights of man, but on the claims of
+humanity. To such a project there is but one objection; it will
+assuredly fail of its humane intention. It is presumed that the
+competition amongst the workmen to obtain employment has so far
+advanced, that these cease to obtain a sufficient remuneration for their
+labour. The thousand men whom a great capitalist employs, are
+inadequately paid. The legislature requires that they should be paid
+more liberally. But the amount which the capitalist has to expend in
+wages is limited. The same amount which sustained a thousand men, can,
+under the new scale of remuneration, sustain only nine hundred. The nine
+hundred are better fed, but there is one hundred without any food
+whatever. Our well-intentioned humanity looks round aghast at the
+confusion she is making.</p>
+
+<p>Suppose, it may be said, that a law of this description should be passed
+at so fortunate a conjuncture, that it should not interfere with the
+existing relations between the capitalist and the workman, but have for
+its object to arrest the tendency which wages have to fall; suppose that
+the legislature, satisfied with the existing state of things, should
+pronounce it a punishable offence to offer or accept a lower rate of
+remuneration, would not such a law be wise? The answer is obvious. If
+there is a tendency at any time in wages to fall, it is because there is
+a tendency in population to increase, or in capital to diminish;
+circumstances, both of them, which it is not in the power of criminal
+jurisprudence to wrestle with.</p>
+
+<p>We hear political economy frequently censured by these advocates for
+violent and legislative remedies, for paying more attention to the
+accumulation than the distribution of wealth. But in what chapter of
+political economy is it laid down, that the distribution and enjoyment
+of wealth is a matter of less moment than its production and
+accumulation? The simple truth is, that the same law of liberty, which
+is so favourable to the accumulation of wealth, provides also the best
+distribution which human ingenuity has yet been able to devise. Less has
+been said on this head because there was less to say. But surely no sane
+individual ever wished that property should accumulate merely for the
+sake of accumulation, that society should have the temper of a miser,
+and toil merely to increase its hoards. Still less has any one
+manifested a disposition to confine the enjoyment of wealth to any one
+class, treating the labourer and the artisan as mere tools and
+instruments for the production of it. The fundamental principles of
+political economy to which we have been alluding, and with which alone
+we are here concerned, will be always found to embrace the interests of
+the <i>whole</i> community. They should be defended with the same jealousy
+that we defend our political liberties with.</p>
+
+<p>It was with regret we heard the argument we have just stated against the
+legislative interference with the rate of wages, introduced in the
+discussion of the <i>ten-hours' bill</i>, and applied against the principle
+of that measure. It was plainly misapplied. Why do we not relish any
+legislative interposition, on whatever plea of humanity, between workmen
+and capitalist? Because it will fail of its humane intention. We should
+heartily rejoice&mdash;who would not?&mdash;if a reasonable <i>minimum</i> of wages
+could be established and secured. But it cannot. Is the legislature
+equally incompetent when it steps in to prevent children and very young
+persons from being overworked; from being so employed that the health
+and vigour of ensuing generations may be seriously impaired, (which
+would be a grave mistake even in the economy of labour;) from being<span class='pagenum'><a name="Page_599" id="Page_599">[Pg 599]</a></span> so
+entirely occupied that no time shall remain for education? We think not.
+The legislature is not in this case equally powerless. It may here
+prevent an incipient abuse from growing into a custom. The law cannot
+create an additional amount of capital to be distributed over its
+population in the shape of an advance of wages, but the law can say to
+all parents and all masters&mdash;you shall not profit by the labour of the
+child, to the ruin of its health, and the loss of all period for mental
+and moral discipline. Such an overtasking of the child's strength has
+not hitherto been an element in your calculation, and it shall not
+become one.</p>
+
+<p>All these various schemes&mdash;socialist or otherwise&mdash;of legislative
+interference, take their rise from the aspect, sufficiently deplorable,
+of the distress of the manufacturing population; and it is almost
+excusable if the contemplation of such distress should throw men a
+little off their balance. But it is not so easily excusable if men, once
+launched on their favourite projects, endeavour to prove their necessity
+by heightened descriptions of that distress, and by unauthorized
+prophecies of its future and continual increase. What a formidable array
+of figures&mdash;figures of speech as well as of arithmetic&mdash;are brought down
+upon us with gloomy perseverance, to convince us that the manufacturing
+population of this country is on the verge of irreparable ruin! We think
+it right to put our readers upon their guard against these over-coloured
+descriptions. Even when Parliamentary reports are quoted, whose
+authority is not to be gainsaid, they ought to defend themselves against
+the <i>first</i> impression which these are calculated to make. The facts
+stated may be true, but there are <i>other facts</i> which are not stated
+equally true, and which the scope and purpose of such reports did not
+render it necessary to collect. If, in this country, there is much
+distress, if in some places there is that utter prostration of mind and
+body which extreme poverty occasions, there is also much prosperity;
+there is also, in other places, much vigorous industry, receiving its
+usual, and more than its usual recompense. If there are plague-spots in
+our population, there are also large tracts of it still sound and
+healthy. Set any one down to read list after list of all the maimed and
+halt and sick in our great metropolis, and the whole town will seem to
+him, for the time being, one wide hospital: he must throw open the
+window and look on the busy, animated, buoyant crowd that is rushing
+through the streets, before he shakes off the impression that he is
+living in a city of the plague.</p>
+
+<p>Without a doubt, he who approaches the consideration of the distress of
+the labouring classes, should have a tender and sympathizing spirit; how
+else can the subject possess for him its true and profound interest? But
+it is equally necessary that he bring to it a cultivated and
+well-disciplined compassion; that he should know where, in the name of
+others, he should raise the voice of complaint, and where, in the name
+of suffering humanity at large, he should be silent and submit. It
+should always be borne in mind, that it is very difficult for persons of
+one condition of life, to judge of the comparative state of well-being
+of those of another condition. An inhabitant of cities, a man of books
+and tranquillity, goes down into the country, without previous
+preparation, to survey and give report of the distress of a mining or
+agricultural district. In what age since the world has been peopled,
+could such an individual be transported into the huts of peasants, or
+amongst the rude labours of the miner, without receiving many a shock to
+his sensibility? Perhaps he descends, for the first time in his life,
+the shaft of a coal-mine. How foul and unnatural must the whole business
+seem to him!&mdash;these men working in the dark, begrimed, half-naked, pent
+up in narrow galleries. He has gone to spy out hardships&mdash;he sees
+nothing else. Or perhaps he pays his first visit to the interior of the
+low-roofed crazy cottage of the husbandman, and is disgusted at the
+scant furniture and uninviting meal that it presents; yet the hardy
+labourer may find his rest and food there, with no greater share of
+discontent than falls to most of us&mdash;than falls, perhaps, to the
+compassionate inspector himself. We have sometimes endeavoured to
+picture to ourselves what would be the result if the<span class='pagenum'><a name="Page_600" id="Page_600">[Pg 600]</a></span> tables were
+turned, and a commission of agricultural labourers were sent into the
+city to make report of the sort of lives led there, not by poor citizens
+or the lowest order of tradesmen, but by the very class who are occupied
+in preparing largo folio reports of their own distressful condition.
+Suppose they were to enter into the chambers of the student of law&mdash;of
+the conveyancer, for example. They make their way through obscure
+labyrinths into a room not quite so dark, it must be allowed, nor quite
+so dirty as the interior of a coal-mine, and there they find an unhappy
+man who, they are given to understand, sits in that gloomy apartment, in
+a state of solitary confinement, from nine o'clock in the morning till
+six or seven in the evening. They learn that, for several months in the
+year, this man never sees the sun; that in the cheerful season when the
+plough is going through the earth, or the sickle is glittering in the
+corn, and the winds are blowing the great clouds along the sky, this
+pale prisoner is condemned to pore over title-deeds which secure the
+"quiet enjoyment" of the land to others; and if they imitate the oratory
+of their superiors, they will remark upon the strange injustice, that he
+should be bound down a slave to musty papers, which give to others those
+pastures from which he never reaps a single blade of grass, and which he
+is not even permitted to behold. These commissioners would certainly be
+tempted to address a report to Parliament full of melancholy
+representations, and ending with the recommendation to shake out such
+unhappy tenants into the fields. It would be long before they could be
+brought to understand that he of the desk and pen would, at the end of
+half an hour, find nothing in those fields but a mortal <i>ennui</i>. To him
+there is no <i>occupation</i> in all those acres; and therefore they would
+soon be to him as barren as the desert.</p>
+
+<p>If there is any apparent levity in the last paragraph we have penned, it
+is a levity that is far from our heart. There is no subject which gives
+us so much concern as this&mdash;of the undoubted distress which exists
+amongst the labouring population, and the necessity that exists to
+alleviate and to combat it. Coming from the immediate perusal of Utopian
+schemes, promising a community of goods, and from the reconsideration of
+those arguments which prove such schemes to be delusive and mischievous,
+the impression that is left on our mind is the profound conviction of
+the duty of government, to do whatever lies really in its power for the
+amelioration of the condition of the working classes. The present system
+of civilized society works, no doubt, for the good of the whole, but
+assuredly <i>they</i> do not reap an equal benefit with other classes, and on
+them falls the largest share of its inevitable evils. May we not say
+that, whatever the social body, acting in its aggregate capacity, <i>can</i>
+do to redress the balance&mdash;whether in education of their children, in
+sanatory regulations which concern their workshops and their dwellings,
+or in judicious charity that will not press upon the springs of
+industry&mdash;it is <i>bound</i> to do by the sacred obligation of justice?</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_28_28" id="Footnote_28_28"></a><a href="#FNanchor_28_28"><span class="label">[28]</span></a> <i>Etudes sur les R&eacute;formateurs, ou Socialistes Modernes.</i>
+Par <span class="smcap">M. Louis Reybaud</span>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_29_29" id="Footnote_29_29"></a><a href="#FNanchor_29_29"><span class="label">[29]</span></a> We shall perhaps take some opportunity to speak separately
+of M. Leroux's work, <i>Sur l'Humanit&eacute;</i>. It is a work of very superior
+pretension to the writings of MM. St Simon, Fourier, and others, who
+must rather be regarded as makers of projects than makers of books. M.
+Leroux has the honour of indoctrinating George Sand with that mysticism
+which she has lately infused into her novels&mdash;by no means to the
+increase of their merit. When M. Leroux was reproached by a friend for
+the fewness of his disciples, he is said to have replied&mdash;"It is true I
+have but one&mdash;<i>mais, que voulez-vous?&mdash;J&eacute;sus Christ lui-m&ecirc;me n'avait que
+douze</i>."</p></div>
+
+<div class="footnote"><p><a name="Footnote_30_30" id="Footnote_30_30"></a><a href="#FNanchor_30_30"><span class="label">[30]</span></a> He had been drawing the usual painful picture of the
+distress of the manufacturing classes, and citing for his authority some
+English journal. In doing this he has made a somewhat alarming mistake.
+The colloquial phrase <i>job-work</i> has perplexed, and very excusably, the
+worthy Belgian, and he has drawn from a very harmless expression a
+terrible significance. "Partout le travail est le m&eacute;tier de job
+(job-work) comme disent les Anglais&mdash;<i>un m&eacute;tier &agrave; mourir sur le
+fumier</i>." In another place he has understood the <i>turn out</i> of our
+factories as the expulsion of the artisans by the master manufacturers.</p></div>
+</div>
+
+
+<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_601" id="Page_601">[Pg 601]</a></span></p>
+<h2>MARSTON; OR, THE MEMOIRS OF A STATESMAN.</h2>
+
+<h3><span class="smcap">Part XIV.</span></h3>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Have I not in my time heard lions roar?<br /></span>
+<span class="i0">Have I not heard the sea, puft up with wind,<br /></span>
+<span class="i0">Rage like an angry boar chafed with sweat?<br /></span>
+<span class="i0">Have I not heard great ordnance in the field,<br /></span>
+<span class="i0">And Heaven's artillery thunder in the skies?<br /></span>
+<span class="i0">Have I not in the pitched battle heard<br /></span>
+<span class="i0">Loud 'larums, neighing steeds, and trumpets clang?"<br /></span>
+</div><div class="stanza">
+<span class="i25"><span class="smcap">Shakspeare</span>.<br /></span>
+</div></div>
+
+
+<p>Europe had never seen so complete or so powerful an army as that which
+was now assembled within sight of Valenciennes. The city was already
+regarded as in our possession; and crowds of military strangers, from
+every part of the Continent, came day by day pouring into the allied
+camp. Nothing could equal the admiration excited by the British troops.
+The admirable strength, stature, and discipline of the men, and the
+successes which they had already obtained, made them the first object of
+universal interest; and the parades of our regiments formed a daily
+levee of princes and nobles. It was impossible that soldiership could be
+on a more stately scale. Other times have followed, which have shown the
+still statelier sight of nations marching to battle; but the hundred
+thousand men who marched under Cobourg to take up their positions in the
+lines of Valenciennes, filled the eye of Europe; and never was there a
+more brilliant spectacle. At length orders were sent to prepare for
+action, and the staff of the army were busily employed in examining the
+ground. The Guards were ordered to cover the operations of the pioneers;
+and all was soon in readiness for the night on which the first trench
+was to be opened. A siege is always the most difficult labour of an
+army, and there is none which more perplexes a general. To the troops,
+it is incessant toil&mdash;to the general, continual anxiety. The men always
+have the sense of that disgust which grows upon the soldier where he
+contemplates a six weeks' delay in the sight of stone walls; and the
+commander, alive to every sound of hazard, feels that he yet must stand
+still, and wait for the attack of every force which can be gathered
+round the horizon. He may be the lion, but he is the lion in a
+chain&mdash;formidable, perhaps, to those who may venture within its length,
+but wholly helpless against all beyond. Yet those feelings, inevitable
+as they are, were but slightly felt in our encampment round the frowning
+ramparts of the city. We had already swept all before us; we had learned
+the language of victory; we were in the midst of a country abounding
+with all the good things of life, and which, though far from exhibiting
+the luxuriant beauty of the British plains, was yet rich and various
+enough to please the eye. Our camp was one vast scene of gaiety. War
+had, if ever, laid aside its darker draperies, and "grim-visaged" as it
+is, had smoothed its "wrinkled front." The presence of so many visitors
+of the highest rank gave every thing the air of royalty. High manners,
+splendid entertainments, and all the habits and indulgences of the life
+of courts, had fled from France only to be revived in Flanders. Our army
+was a court on the march; and the commander of the British&mdash;the honest,
+kind-hearted, and brave Duke of York&mdash;bore his rank like a prince, and
+gathered involuntarily round him as showy a circle as ever figured in St
+James's, or even in the glittering saloons of the Tuileries. Hunting
+parties, balls, suppers, and amateur theatrical performances, not merely
+varied the time, but made it fly. Hope had its share too, as well as
+possession. Paris was before us; and on the road to the capital lay but
+the one fortress which was about to be destroyed with our fire, and of
+which our engineers talked with contempt as the decayed work of "old"
+Vauban.</p>
+
+<p>But the course of victory is like the course of love, which, the poet<span class='pagenum'><a name="Page_602" id="Page_602">[Pg 602]</a></span>
+says, "never does run smooth." The successes of the Allies had been too
+rapid for their cabinets; and we had found ourselves on the frontiers of
+France before the guardian genii of Europe, in the shape of the
+stiff-skirted and full-wigged privy councillors of Vienna and Berlin,
+had made up their minds as to our disposal of the prize. Startling words
+suddenly began to make their appearance in the despatches, and
+"indemnity for the past and security for the future"&mdash;those luckless
+phrases which were yet destined to form so large a portion of senatorial
+eloquence, and give birth to so prolific an offspring of European
+ridicule&mdash;figured in diplomacy for the first time; while our pioneers
+stood, pickaxe in hand, waiting the order to break ground. We thus lost
+day after day. Couriers were busy, while soldiers were yawning
+themselves to death; and the only war carried on was in the discontents
+of the military councils. Who was to have Valenciennes? whose flag was
+to be hoisted on Lille? what army was to garrison Cond&eacute;? became national
+questions. Who was to cut the favourite slices of France, employed all
+the gossips of the camp, in imitation of the graver gossips of the
+cabinet; and, in the mean time, we were saved the trouble of the
+division, by a furious decree from the Convention ordering every man in
+France to take up arms&mdash;converting all the churches into arsenals,
+anathematizing the German princes as so many brute beasts, and
+recommending to their German subjects the grand republican remedy of the
+guillotine for all the disorders of the government, past, present, and
+to come.</p>
+
+<p>Circumstances seldom give an infantry officer more than a view of the
+movements in front of his regiment; but my intimacy with Guiscard
+allowed me better opportunities. Among his variety of attainments he was
+a first-rate engineer, and he was thus constantly employed where any
+thing connected with the higher departments of the staff required his
+science. He was now attached to the Prussian mission, which moved with
+the headquarters of the British force, and our intercourse was
+continued. I thus joined the reconnoitring parties under his command,
+and received the most important lessons in my new art. But one of my
+first questions to him, had been the mode of his escape on the night of
+our volunteer reconnoisance.</p>
+
+<p>"Escape? Why, I committed the very blunder against which I had cautioned
+you, and fell into the hands of the first hussar patrole I could
+possibly have met. But my story is of the briefest kind. I had not rode
+forward above an hour, when my horse stumbled over something in that
+most barbaric of highways, and lamed himself. I then ought to have
+returned; but curiosity urged me on, and leading my unfortunate charger
+by the bridle, I threaded my way through the most intricate mesh of
+hedge and ditch within my travelling experience. The trampling of
+horses, and the murmur of men in march, at last caught my ear; and I
+began to be convinced that the movement which I expected from Dampier's
+activity was taking place. I then somewhat questioned my own
+<i>insouciance</i> in having thrust you into hazard; and attempted to make my
+way across the country in your direction. To accomplish this object I
+turned my horse loose, taking it for granted that, lame as he was, he
+was too good a Prussian to go any where but to his own camp. This
+accounts for his being found at morn. I had, however, scarcely thus
+taken the chance of losing a charger which had cost me a hundred and
+fifty gold ducats, when I received a shot from behind a thicket which
+disabled my left arm, and I was instantly surrounded by a dozen French
+hussars. I was foolish enough to be angry, and angry enough to fight.
+But as I was neither Samson, nor they Philistines, my sabre was soon
+beaten down, and I had only to surrender. I was next mounted on the
+croup of one of their horses, and after a gallop of half an hour reached
+the French advanced guard. It was already hurrying on, and I must
+confess that, from the silence of the march and the rapid pace of their
+battalions, I began to be nervous about the consequences, and dreaded
+the effects of a surprise on some of our camps. My first apprehension,
+however, was for you. I thought that you must have been entangled in the
+route of some of the advancing battalions, and I enquired of the colonel
+of the first to whom I was brought, whether he had taken any prisoners.<span class='pagenum'><a name="Page_603" id="Page_603">[Pg 603]</a></span></p>
+
+<p>"'Plenty,' was the answer of the rough Republican&mdash;'chiefly peasants and
+spies; but we have shot none of them yet. That would make too much
+noise; so we have sent them to the rear, where I shall send you. You
+will not be shot till we return to-morrow morning, after having cut up
+those <i>chiens Anglais</i>.'"</p>
+
+<p>I could not avoid showing my perturbation at the extreme peril in which
+this distinguished man had involved himself on my account; and expressed
+something of my regret and gratitude.</p>
+
+<p>"Remember, Marston," was his good-humoured reply, "that, in the first
+place, the Frenchman was not under circumstances to put his promise in
+practice&mdash;he having found the English <i>chien</i> more than a match for the
+French wolf; and, in the next, that twelve hours form a very important
+respite in the life of the campaigner. I was sent to the rear with a
+couple of hussars to watch me until the arrival of the general, who was
+coming up with the main body. On foot and disarmed, I had only to follow
+them to the next house, which was luckily one of the little Flemish
+inns. My hussars found a jar of brandy, and got drunk in a moment; one
+dropped on the floor&mdash;the other fell asleep on his horse. I had now a
+chance of escape; but I was weary, wounded, and overcome with vexation.
+It happened, as I took my last view of my keeper outside, nodding on his
+horse's neck, that I glanced on a huge haystack in the stable-yard. The
+thought struck me, that helpless as I was, I might contrive to give an
+alarm to some of the British videttes or patroles, if your gallant
+countrymen should condescend to employ such things. I stole down into
+the yard, lantern in hand; thrust it into the stack, and had the
+satisfaction of seeing it burst into a blaze. I made my next step into
+the stable, to find a horse for my escape; but the French patroles had
+been before me, and those clever fellows seldom leave any thing to be
+gleaned after them. What became of my escort I did not return to
+enquire; but I heard a prodigious galloping through the village, and
+found the advantage of the flame in guiding me through as perplexing a
+maze of thicket and morass as I ever attempted at midnight. The sound of
+the engagement which followed directed me to the camp; and I remain, a
+living example to my friend, of the advantage of twelve hours between
+sentence and execution."</p>
+
+<p>I had another wonder for him; and nothing could exceed his gratification
+when he heard, that his act had enabled me to give the alarm of the
+French advance. But for that blaze I should certainly have never been
+aware of their movement; the light alone had led me into the track of
+the enemy, and given me time to make the intelligence useful.</p>
+
+<p>"The worst of all this," said he, with his grave smile, "is that the
+officer in command of your camp on that night will get a red riband and
+a regiment; and that you will get only the advantage of recollecting,
+that in war, and perhaps in every situation of life, nothing is to be
+despaired of, and nothing is to be left untried. A candle in a lantern,
+properly used, probably saved both our lives, the lives of some
+thousands of your brave troops, the fate of the campaign, and, with it,
+half the thrones of Europe, trembling on the chance of a first campaign.
+I shall yet have some of my mystical countrymen writing an epic on my
+Flemish lantern."</p>
+
+<p>During this little narrative, we had been riding over the bleak downs
+which render the environs of Valenciennes such a barren contrast to the
+general luxuriance of northern France; and were examining the approaches
+to the city, when Guiscard called to his attendant for his telescope. We
+were now in the great coal-field of France; but the miners had fled, and
+left the plain doubly desolate. "Can those," said he, "be the miners
+returning to their homes? for if not, I am afraid that we shall have
+speedy evidence of the hazards of inactivity." But the twilight was now
+deepening, and neither of us could discern any thing beyond an immense
+mass of men, in grey cloaks, hurrying towards the city. I proposed that
+we should ride forward, and ascertain the facts. He checked my rein.
+"No! Amadis de Gaul, or Rolando, or by whatever name more heroic your
+chivalry prefers being called, we must volunteer no further. My valet
+shall return to<span class='pagenum'><a name="Page_604" id="Page_604">[Pg 604]</a></span> the camp and bring us any intelligence which is to be
+found there, while we proceed on our survey of the ground for our
+batteries."</p>
+
+<p>We had gone but a few hundred yards, and I was busily employed in
+sketching the profile of the citadel, when we heard the advance of a
+large party of British cavalry, with several of the staff, and the Duke
+of York, then a remarkably handsome young man, at their head. I had seen
+the Duke frequently on our parades in England; but even the brief
+campaign had bronzed his cheek, and given him the air which it requires
+a foreign campaign to give. He communicated the sufficiently interesting
+intelligence, that since the victory over Dampier, the enemy had
+collected a strong force from their garrisons, and after throwing ten
+thousand men into Valenciennes, had formed an intrenched camp, which was
+hourly receiving reinforcements. "But we must put a stop to that," said
+the Duke, with a smile; "and, to save them trouble and ourselves time,
+we shall attack them to-morrow." He then addressed himself to Guiscard,
+with the attention due to his name and rank, and conversed for a few
+minutes on the point of attack for the next day&mdash;examined my
+sketch&mdash;said some flattering words on its correctness, and galloped off.</p>
+
+<p>"Well," said Guiscard, as he followed with his glance the flying troop,
+"war is a showy spectacle, and I can scarcely wonder that it should be
+the game of princes; but a little more common sense in our camps would
+have saved us to-morrow's battle. The delays of diplomacy are like the
+delays of law&mdash;the estate perishes before the process is at an end. But
+now to our work." We rode to the various points from which a view of the
+newly arrived multitude could be obtained. Their fires began to blaze;
+and we were thus enabled to ascertain at once their position, and, in
+some degree, their numbers. There could not be less than thirty thousand
+men, the arrival of the last few hours. "For this <i>contretemps</i>," said
+Guiscard, as he examined their bivouac with his telescope, "we have to
+thank only ourselves. Valenciennes ought to have been stormed within the
+first five minutes after we could have cut down those poplars for
+scaling ladders," and he pointed to the tapering tops of the large
+plantations lining the banks of the Scheldt; "but we have been
+quarreling over our portfolios, while the French have been gathering
+every rambling soldier within a hundred miles; and now we shall have a
+desperate struggle to take possession of those lines, and probably a
+long siege as finale to the operation. There, take my glass, and judge
+for yourselves." I looked, and if the novelty and singularity could have
+made me forget the serious business of the scene, I might have been
+amply amused. The whole French force were employed in preparing for the
+bivouac, and fortifying the ground, which they had evidently taken up
+with the intent of covering the city. All was in motion. At the distance
+from which we surveyed it, the whole position seemed one huge ant-hill.
+Torches, thickets burning, and the fires of the bivouac, threw an
+uncertain and gloomy glare over portions of the view, which, leaving the
+rest in utter darkness, gave an ominous and ghostly look to the entire.
+I remarked this impression to Guiscard, and observed that it was strange
+to see a "scene of the most stirring life so sepulchral."</p>
+
+<p>"Why not?" was his reply. "The business is probably much the same."</p>
+
+<p>"Yet sepulchral," I observed, "is not exactly the word which I would
+have used. There is too much motion, too much hurried and eager
+restlessness, too much of the wild and fierce activity of beings who
+have not a moment to lose, and who are busied in preparations for
+destruction."</p>
+
+<p>"Have you ever been in the Sistine Chapel?" asked my companion.</p>
+
+<p>"No; Italy has been hitherto beyond my flight; but the longing to see it
+haunts me."</p>
+
+<p>"Well, then, when your good fortune leads you to Rome, let your first
+look be given to the noblest work of the pencil, and of Michael Angelo:
+glance at the bottom of his immortal picture, and you will see precisely
+the same wild activity, and the same strange and startling animation.
+The difference only is, that the actors here are men&mdash;there, fiends;
+here the scene<span class='pagenum'><a name="Page_605" id="Page_605">[Pg 605]</a></span> is the field of future battle&mdash;there, the region of
+final torment. I am not sure that the difference is great, after all."</p>
+
+<p>At daybreak, the British line was under arms. I feel all words fail,
+under the effort to convey the truth of that most magnificent display;
+not that a simple detail may not be adequate to describe the movements
+of a gallant army; but what can give the impression of the time, the
+form and pressure of collisions on which depended the broadest and
+deepest interests of the earth. Our war was then, what no war was since
+the old invasions under the Edwards and Henrys&mdash;national; it was as
+romantic as the crusades. England was fighting for none of the objects
+which, during the last three hundred years, had sent armies into the
+field&mdash;not for territory, not for glory, not for European supremacy, not
+even for self-defence. She was fighting for a Cause; but that was the
+cause of society, of human freedom, of European advance, of every
+faculty, feeling, and possession by which man is sustained in his rank
+above the beasts that perish. The very language of the great dramatist
+came to my recollection, at the moment when I heard the first signal-gun
+for our being put in motion.</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Now all the youth of England are on fire,<br /></span>
+<span class="i0">And silken dalliance in the wardrobe lies.<br /></span>
+<span class="i0">Now thrive the armourers; and honour's thought<br /></span>
+<span class="i0">Reigns solely in the breast of every man.<br /></span>
+<span class="i0">They sell the pasture now to buy the horse,<br /></span>
+<span class="i0">Following the mirror of all Christian kings<br /></span>
+<span class="i0">With winged heels, as English Mercuries."<br /></span>
+</div></div>
+
+<p>Our troops, too, had all the ardour which is added even to the boldest
+by the assurance of victory. They had never come into contact with the
+enemy but to defeat them, and the conviction of their invincibility was
+so powerful, that it required the utmost efforts of their officers to
+prevent their rushing into profitless peril. The past and the present
+were triumphant; while, to many a mind of the higher cast, the future
+was, perhaps, more glittering than either. In the same imperishable
+eloquence of poetry&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"For now sits expectation in the air,<br /></span>
+<span class="i0">And hides a sword, from hilt unto the point,<br /></span>
+<span class="i0">With crowns imperial, crowns and coronets,<br /></span>
+<span class="i0">Promised to Harry and his followers."<br /></span>
+</div></div>
+
+<p>The ambition of the English soldier may be of a more modified order than
+that of the foreigner; but the dream of poetry was soon realized in the
+crush of the Republicans, who had trampled alike the crown and the
+coronet in the blood of their owners. Twenty-seven thousand men were
+appointed for the attack of the French lines; and on the first tap of
+the drum, a general shout of exultation was given from all the columns.
+The cavalry galloped through the intervals to the front, and parks of
+the light guns were sent forward to take up positions on the few
+eminences which commanded the plain; but the day had scarcely broke,
+when one of those dense fogs, the customary evil of the country, fell
+suddenly upon the whole horizon, and rendered action almost impossible.
+Nothing could exceed the vexation of the army at this impediment; and if
+our soldiers had ever heard of Homer, there would have been many a
+repetition of his warrior's prayer, that "live or die, it might be in
+the light of day."</p>
+
+<p>But in the interval, important changes were made in the formation of the
+columns. The French lines had been found of unexpected strength, and the
+Guards were pushed forward to head a grand division placed under command
+of General Ferrari. The British were, of course, under the immediate
+orders of an officer of their own, and a more gallant one never led
+troops under fire. I now, for the first time, saw the general who was
+afterwards destined to sweep the French out of Egypt, and inflict the
+first real blow on the military supremacy of France under Napoleon.
+General Abercromby was then in the full vigour of life; a strongly
+formed, manly figure, a quiet but keen eye, and a countenance of
+remarkable steadiness and thought, all gave the<span class='pagenum'><a name="Page_606" id="Page_606">[Pg 606]</a></span> indications of a mind
+firm in all the contingencies of war. Exactly at noon, the fog drew up
+as suddenly as it had descended, and we had a full view of the enemy's
+army. No foreign force ever exhibits so showy and soldierly an
+appearance as the British. The blue of the French and Prussians looks
+black, and the white of the Austrian looks faded and feeble, compared
+with the scarlet. As I cast my glance along our lines, they looked like
+trails of flame. The French were drawn up in columns in front of their
+camp, which, by the most extraordinary exertion, they had covered during
+the night with numerous batteries, and fortified with a circle of
+powerful redoubts; the guns of the fortress defended their flank and
+rear, and their position was evidently of the most formidable kind. But
+all view was lost, from the moment when the head of our brigade
+advanced. Every gun that could be brought to bear upon us opened at
+once, and all was enveloped in smoke. For a full hour we could see
+nothing but the effect of the grape-shot on our own ranks as we poured
+on, and hear nothing but the roar of the batteries. But at length shouts
+began to arise in distant parts of the field, and we felt that the
+division which had been appointed to assault the rear of the camp was
+making progress. Walmoden, commanding a brigade under Ferrari, now
+galloped up, to ascertain whether our men were ready to assault the
+intrenchments. "The British troops are <i>always</i> ready," was Abercromby's
+expressive, and somewhat indignant, answer. In the instant of our
+rushing forward, an aide-de-camp rode up, to acquaint the general that
+the column under the Duke of York had already stormed three redoubts.
+"Gentlemen," said Abercromby, turning to the colonels round him, "we
+must try to save our friends further trouble&mdash;forward!" Within a quarter
+of an hour we were within the enemy's lines, every battery was stormed
+or turned, and the French were in confusion. Some hurried towards the
+fortress, which now began to fire; a large body fled into the open
+country, and fell into the hands of his royal highness; and some,
+seizing the boats on the river, dropped down with the stream. All was
+victory: yet this was to be my day of ill luck. In pursuing the enemy
+towards the fortress, a battalion, which had attempted to cover the
+retreat, broke at the moment when my company were on the point of
+charging them. This was too tempting a chance to be resisted; we rushed
+on, taking prisoners at every step, until we actually came within sight
+of the gate by which the fugitives were making their escape into the
+town. But we were in a trap, and soon felt that we were discovered, by a
+heavy discharge of musketry from the rampart. We had now only to return
+on our steps, and I had just given the word, when the firing was renewed
+on a bastion, round which we were hurrying in the twilight. I felt a
+sudden shock, like that of electricity, which struck me down; I made a
+struggle to rise on my feet, but my strength wholly failed me, and I
+lost all recollection.</p>
+
+<p>On my restoration to my senses, in a few hours after, I found that I had
+been carried into the town, and placed in the military hospital. My
+first impulse was, to examine whether any of my brave fellows had shared
+my misfortune; but all round me were French, wounded in the engagement
+of the day. My next source of congratulation was, that I had no limb
+broken. The shot had struck me in the temple, and glanced off without
+entering; but I had lost much blood, had been trampled, and felt a
+degree of exhaustion, which gave me the nearest conception to actual
+death.</p>
+
+<p>Of the transactions of the field I knew nothing beyond my own share of
+the day; but I had seen the enemy in full flight, and that was
+sufficient. Within a day or two, the roaring of cannon, the increased
+bustle of the attendants, and the tidings that a black flag had been
+erected on the hospital, told me that the siege had begun. I shall pass
+over its horrors. Yet, what is all war but a succession of horrors? The
+sights which I saw, the sounds which I heard from hour to hour, were
+enough to sicken me of human nature. In the gloom and pain of my
+sleepless nights, I literally began to think it possible that a fiendish
+nature might supplant the human condition, and that the work before<span class='pagenum'><a name="Page_607" id="Page_607">[Pg 607]</a></span> my
+eyes was merely an anticipation of those terrors, which to name startles
+the imagination and wrings the heart. Surrounded with agonies, the
+involuntary remark always came to my mind with renewed freshness, in the
+common occurrences of the hospital day. But, besides the sufferings of
+the wounded, a new species of suffering, scarcely less painful, and
+still more humiliating, began to be prominent. The provisions of the
+people, insufficiently laid in at the approach of the besiegers, rapidly
+failed, and the hospital itself was soon surrounded by supplicants for
+food. The distress, at last, became so excessive, that it amounted to
+agony. Emaciated figures of both sexes stole or forced their way into
+the building, to beg our rations, or snatch them from our feeble hands;
+and I often divided my scanty meal with individuals who had once been in
+opulent trade, or been ranked among the <i>semi-noblesse</i> of the
+surrounding country. Sometimes I missed faces to which I had been
+accustomed among those unfortunate beings, and I heard a still more
+unhappy tale&mdash;shall I call it more unhappy? They had perished by the
+cannon-shot, which now poured into the city day and night, or had been
+buried in the ruins of some of the buildings, which were now constantly
+falling under the heaviest bombardment in the annals of war. Of those
+scenes I say no more. If the siege of a great fortress is the most
+trying of all hazards to the soldier without, what must it be to the
+wretches within? Valenciennes was once the centre of the lace
+manufactories of France. The war had destroyed them at once. The
+proprietors had fled, the thousands of young and old employed in those
+delicate and beautiful productions, had fled too, or remained only to
+perish of famine. A city of twenty thousand of the most ingenious
+artists was turning day by day into a vast cemetery. As I tossed on my
+mattress hour after hour, and heard the roar of the successive
+batteries, shuddered at the fall of the shells, and was tortured by the
+cries of the crowd flying from the explosions all night long&mdash;I gave the
+deepest curses of my spirit to the passion for glory. It is true, that
+nations must defend themselves; the soldier is a protector to the
+industry, the wealth, and the happiness of the country. I am no disciple
+of the theory, which, disclaiming the first instinct of nature,
+self-preservation, invites injury by weakness, and creates war by
+impunity; but the human race ought to outlaw the man who dares to dream
+of conquest, and builds his name in the blood of man.</p>
+
+<p>On my capture, one of my first wishes had been to acquaint my regiment
+with the circumstances of my misfortune, and to relieve my friends of
+their anxiety for the fate of a brother officer. But this object, which,
+in the older days of continental campaigning, would have been acceded to
+with a bow and a compliment by Monsiegneur le Comte, or Son Altesse
+Royale, the governor, was sturdily refused by the colonel in charge of
+the hospital&mdash;a firm Republican, and the son of a cobbler, who, swearing
+by the Goddess of Reason, threatened to hang over the gate the first man
+who dared to bring him another such proposal. I next sent my application
+to the commandant, a brave old soldier, who had served in the royal
+armies, and had the feelings of better times; but it was probably
+intercepted, for no answer came. This added deeply to my chagrin. My
+absence must give rise to conjecture; my fall had been unseen even by my
+men; and while I believed that my character was above the scandal of
+either pusillanimity or desertion, it still remained at the mercy of
+all.</p>
+
+<p>But chance came to my relief. It happened that I had unconsciously won
+the particular regard of one of the B&eacute;guines who attended the hospital;
+and my <i>tristesse</i>, which she termed 'effrayante,' one evening attracted
+her peculiar notice. Let not my vanity be called in question; for my
+fair admirer was at least fifty years old, and was about the figure and
+form of one of her country churns, although her name was Juliet! Pretty
+as the name was, the B&eacute;guine had not an atom of the poetic about her.
+Romance troubled her not. Yet with a face like the full moon, and a pile
+of petticoats which would have made a dowdy of the "Belvedere Diana,"
+she was a capital creature. Juliet, fat as she was, had the natural
+frolic of a squirrel; she was everywhere, and<span class='pagenum'><a name="Page_608" id="Page_608">[Pg 608]</a></span> knew every thing, and did
+every thing for every body; her tongue and her feet were constantly
+busy; and I scarcely knew which was the better emblem of the perpetual
+motion. My paleness was peculiarly distressing to her; "it hurt her
+feelings;" it also hurt her honour; for she had been famous for her
+nursing, and as she told me, with her plump hands upon her still plumper
+hips, and her head thrown back with an air of conscious merit, "she had
+saved more than the doctors had killed." I had some reluctance to tell
+her the cause of my <i>tristesse</i>; for I knew her zeal, and I dreaded her
+plunging into some hazard with the authorities. But who has ever been
+able to keep a secret, where it was the will of the sex to extort it?
+Juliet obtained mine before she left the ward for the night; and desired
+me to give her a letter, which she pledged herself to transmit to my
+regiment. But this I determined to refuse, and I kept my determination.
+I had no desire to see my "fat friend" suspended from the pillars of the
+portico; or to hear of her, at least, being given over to the mercies of
+the provost-marshal. We parted, half in anger on her side, and with
+stern resolution on mine.</p>
+
+<p>During the day Juliet was not forthcoming, and her absence produced,
+what the French call, a "lively sensation"&mdash;which, in nine instances out
+of ten, means an intolerable sense of ennui&mdash;in the whole establishment.
+I shared the general uneasiness, and at length began to cast glances
+towards the gate, where, though I was not exactly prepared to see the
+corpulent virtues of my friend in suspension, I had some tremblings for
+the state, "<i>sain et sauf</i>;" of my B&eacute;guine. At last her face appeared at
+the opening of the great door, flushed with heat and good-nature, and,
+as it came moving through the crowd which gathered round her with all
+kinds of enquiries, giving no bad resemblance to the moon seen through a
+fog; whether distinct or dim, full and florid to the last. Her
+good-humoured visage revived me, as if I had met a friend of as many
+years standing as she numbered on her cradle. But all my enquiries for
+the news of earth outside the hospital, were answered only by an "order"
+to keep myself tranquil&mdash;prevent the discomposure of my pulse, and duly
+drink my ptisan. All this, however, was for the general ear. The
+feebleness which kept me confined to my bed during the day, had made my
+nights wakeful. On this night, whether on the anxiety of the day, or the
+heavier roar of the siege, for the bombardment was now at its height, I
+exhibited signs of returning fever, and the B&eacute;guine remained in
+attendance. But when the crowd had gone to such rest as they could find,
+amid the thunder of batteries and the bursting of shells, Juliet
+approached my pillow with a broad smile, which distended her
+good-natured mouth from ear to ear, and thrust under my pillow a small
+packet&mdash;the whole operation being followed by a finger pressed to her
+lips, and a significant glance to every corner of the huge melancholy
+hall, to see that all was secure. She then left me to my meditations!</p>
+
+<p>The mysterious packet contained three letters; and, eager as I was for
+their perusal, I almost shuddered at their touch; for they must have
+been obtained with infinite personal peril, and if found upon the
+B&eacute;guine they might have brought her under the severest vengeance of the
+garrison. They were from Guiscard, Mariamne, and Mordecai. Thus to three
+individuals, all comparatively strangers, was my world reduced. But they
+were no common strangers; and I felt, while holding their letters in my
+hand, and almost pressing them to my heart, how much more strongly
+friendship may bind us than the ties of cold and negligent relationship.
+I opened the soldier's letter first. It was like every thing that
+Guiscard ever did; manly, yet kind. "Your disappearance in that
+unfortunate rencontre has created much sorrow and surprise; but the
+sorrow was all for your loss to <i>the</i> 'corps of corps,' and the surprise
+was, that no tidings could be heard of you, whether fallen or surviving.
+The flag and trumpet sent in next morning to recover the remains of such
+as had suffered in that mad rush to the gates of the town, came back
+without being permitted to pass beyond the outworks, bringing a brutal
+message from the officer on duty, 'that the next flag<span class='pagenum'><a name="Page_609" id="Page_609">[Pg 609]</a></span> should be fired
+on,' and that the 'brave soldiers of the Republic allowed of no
+compromise with the slaves of tyranny!' The bravado might be laughed at,
+but it left me in the dark relative to your fate; and if you are to be
+flattered by the feelings of men who cannot get at you but by
+cannon-shot, you may congratulate yourself on having had as many fine
+things said of you as would make an epitaph for a duke&mdash;and, I believe,
+with a sincerity at least equal to the best of them. I write all this
+laughingly now, but suspense makes heaviness of heart, and you cost me
+some uneasy hours, of course. I send you none of <i>our</i> news; as you will
+hear all in good time, and communications on public matters might bring
+your messenger or yourself into difficulties. You are alive, and in good
+hands; that is the grand point. Your character is now in <i>my</i> hands, and
+I shall take care of it; I shall see you a general officer yet, if you
+have not the greater luck to retire and live an honest farmer, sitting
+under your own fig-tree and your own vine, with an unromantic spouse,
+and some half-dozen of red-cheeked children. Farewell, we shall <i>soon</i>
+see each other."</p>
+
+<p>The last line evidently meant more than met the eye, and I was now just
+in the mind to indulge in the fantasies of my fair correspondent. They
+were like herself&mdash;a curious mixture of mirth and melancholy.</p>
+
+<p>"Why I wished to write to you, or why I write at all&mdash;which, however, I
+do decorously at the side of my father&mdash;are questions which I have not
+taken the trouble of asking until this moment. But I am in Switzerland,
+where no one has time for any thing but worshipping mountain-tops, and
+falling down at the feet of cataracts. Whether it would add to Mr
+Marston's satisfaction I cannot presume to say, but I feel better, much
+better, than when I first came into this land of fresh breezes and
+beauty of all kinds&mdash;the population, of every rank, always excepted. If
+I were, like you, a philosopher, I should probably say that nature gets
+tired of her work, and after having struck off some part of it with all
+the spirit of an Italian painter, disdains the trouble of finishing; or,
+like a French 'fashionable,' coquettes with her own charms, and is
+determined to make the world adore her, in spite of her slippers and her
+shawl. Thus, nature, which gave the peacock a diadem on its head, and a
+throne in its tail, has given it a pair of frightful legs. And on the
+same charming principle, she has given Switzerland the finest of all
+possible landscapes, and filled them with the most startling of all
+possible physiognomies.</p>
+
+<p>"But no more of theory. It has always made my head ache, and headachs
+are, I know, contagious; so I spare you. Yet, have you a moment, among
+your thousand and one avocations, to remember my father&mdash;or me? I beg
+that I may not impede the march of armies, or shock the balance of
+Europe, while I solicit you to give me a single line&mdash;no more; a mere
+'annonce' of any thing that can tell me of your 'introuvable' friend
+Lafontaine. This is <i>not</i> for myself. The intelligence is required for a
+sister of his whom I have lately met in this country&mdash;a showy
+"citizeness" of Zurich, <i>embonpoint</i> and matronly, married to one of the
+portly burghers of the city, and exemplary in all the arts of
+sheep-shearing, wool-spinning, and cheese-making; a mother, surrounded
+<i>&agrave; la Fran&ccedil;aise</i> with a host of Orlandos, Hyacintes, Aristomenes, and
+Apollos&mdash;pretty children, with the Frenchman developing in all its
+gaudiness; the Switzer remaining behind, until it shall come forth in
+cloudy brows, and a face stamped with money-making. Madame Spiegler is
+still not beyond a waltz, and in the very whirl of one last night, she
+turned to me and <i>implored</i> that I should 'move heaven and earth,' as
+she termed it&mdash;with her blue eyes thrown up to the chandelier, and her
+remarkably pretty and well-<i>chauss&eacute;'d</i> feet still beating time to the
+dance&mdash;to bring her disconsolate bosom tidings of her '<i>fr&egrave;re, si bien
+aim&eacute;, si malheureux</i>.' I promised, and she flew off instantly into the
+very <i>core</i> of a dance, consisting of at least a hundred couples.</p>
+
+<p>"I have just returned from a drive along the shore of the Leman. The
+recollection of Madame Spiegler, rolling and rushing through the waltz
+like a dolphin through the waves; or like any thing caught in an
+enormous<span class='pagenum'><a name="Page_610" id="Page_610">[Pg 610]</a></span> whirlpool, sweeping round perpetually until it was swept out
+of sight, had fevered me. The air here is certainly delicious. It has a
+sense of life&mdash;a vivid, yet soft, freshness, that makes the mere act of
+breathing it delightful. But I have mercy on you&mdash;not one word of
+Clarens, not one word of Meillerie. Take it for granted that Ferney is
+burnt down, as it well might be without any harm to the picturesque; and
+that Jean Jacques never wrote, played the knave, or existed. If I were a
+Swiss Caliph Omar, I should make a general seizure, to be followed by a
+general conflagration, of every volume that has ever touched on the wit
+and wickedness of the one, or the intolerable sensibility of the other.
+I should next extend the flame to all tours, meditations, and musings on
+hills, valleys, and lakes; prohibit all sunset 'sublimities' as an
+offence against the state; and lay all raptures at the 'distant view of
+Mont Blanc,' or the 'ascent of the Rhighi,' if not under penalty of
+prison, at least under a bond never to be seen in the territory again.
+But I must make my <i>adieux</i>. <i>Apropos</i>, if you <i>should</i> accidentally
+hear any thing of your <i>pelerin-&agrave;-pied</i> friend Lafontaine&mdash;for I
+conjecture that he has gone to discover the fountains of the Nile, or is
+at this moment a candidate for the office of court-chamberlain at
+Timbuctoo&mdash;let me hear it. Madame Spiegler is really uneasy on the
+subject, though it has not diminished either her weight or her velocity,
+nor will prevent her waltzing till the end of the world, or of herself.
+<i>One</i> sentence&mdash;nay, one syllable&mdash;will be enough.</p>
+
+<p>"This light <i>is</i> delicious, and it is only common gratitude to nature to
+acknowledge, that she has done something in the scene before my casement
+at this sweet and quiet hour, which places her immeasurably above the
+<i>decorateurs</i> of a French <i>salon</i>. The sun has gone, and the moon has
+not yet come. There is scarcely a star; and yet a light lingers, and
+floats, and descends over everything&mdash;hill, forest, and water&mdash;like the
+light that one sometimes sees in dreams. All dream-like&mdash;the work of a
+spell laid over a horizon of a hundred miles. I should scarcely be
+surprised to see visionary forms rising from these woods and waters, and
+ascending in bright procession into the clouds. I hear, at this moment,
+some touches of music, which I could almost believe to come from
+invisible instruments as they pass along with the breeze. Still, may I
+beg of you, Mr Marston, not to suppose that I mean to extend this letter
+to the size of a government despatch, nor that the mark which I find I
+have left on my paper, is a tear? <i>I</i> have no sorrow to make its excuse.
+But here, one weeps for pleasure, and I can forgive even Rousseau
+his&mdash;'Je m'attendrissais, je soupirais, et je pleurais comme un enfant.
+Combien de fois, m'arr&ecirc;tant pour pleurer plus &agrave; mon aise, assis sur une
+grosse pierre, je me suis amus&eacute; &agrave; voir tomber mes larmes dans l'eau.'
+Rousseau was lunatic, but he was <i>not</i> lunatic when he wrote this, or
+<i>I</i> am growing so too. For fear of that possible romance, I say,
+farewell.</p>
+
+<p>"P.S.&mdash;Remember Madame Spiegler. <i>Toujours &agrave; vous</i>&mdash;<span class="smcap">Mariamne</span>."</p>
+
+<p>My third letter was Mordecai to the life&mdash;a bold, hurried, yet clear
+view of the political bearings of the time. It more than ever struck me,
+in the course of his daring paragraphs, what a capital leader he would
+have made for a Jewish revolution; if one could imagine the man of a
+thousand years of slavery grasping the sword and unfurling the banner.
+Yet bold minds <i>may</i> start up among a fallen people; and when the great
+change, which will assuredly come, is approaching, it is not improbable
+that it will be begun by some new and daring spirit throwing off the
+robes of humiliation, and teaching Israel to strike for freedom by some
+gallant example&mdash;a new Moses smiting the Egyptian, and marching from the
+house of bondage, the fallen host of the oppressor left weltering in the
+surge of blood behind.</p>
+
+<p>After some personal details, and expressions of joy at the recovering
+health of his idolized but wayward daughter, he plunged into politics.
+"I have just returned," said he, "from a visit to some of our German
+kindred. You may rely upon it, that a great game is on foot. <i>Your</i>
+invasion is a jest. Your troops will fight, I allow, but your cabinets
+will betray. I have seen enough to satisfy me,<span class='pagenum'><a name="Page_611" id="Page_611">[Pg 611]</a></span> that, if you do not take
+Paris within the next three months, you will not take it within ten
+times the number of years. Of course, I make no attempt at prediction. I
+leave infallibility to the grave fools of conclaves and councils; but
+the French mob will beat them all. What army can stand before a
+pestilence? When I was last in Sicily, I went to the summit of Etna
+during the time of an eruption. On my way, I slept at one of the
+convents on the slope of the mountain. I was roused from my sleep by a
+midnight clamour in the court of the convent&mdash;the monks were fluttering
+in all corners, like frightened chickens. I came down from my chamber,
+and was told the cause of the alarm in the sudden turn of a stream of
+the eruption towards the convent. I laughed at the idea of hazard from
+such a source, when the building was one mass of stone, and, of course,
+as I conceived, incombustible. '<i>Santissima Madre!</i>' exclaimed the
+frightened superior, who stood wringing his hands and calling on all the
+saints in his breviary; 'you do not know of what stone it is built. All
+is lava; and at the first touch of the red-hot rocks now rolling down
+upon us, every stone in the walls will melt like wax in the furnace.'
+The old monk was right. We lost no time in making our escape to a
+neighbouring pinnacle, and from it saw the stream of molten stone roll
+round the walls, inflame them, scorch, swell, and finally melt them
+down. Before daylight, the site of the convent was a gulf of flame. This
+comes of sympathy in stones&mdash;what will it be in men? Wait a twelvemonth;
+and you will see the flash and flame of French republicanism melting
+down every barrier of the Continent. The mob has the mob on its side for
+ever. The offer of liberty to men who have spent a thousand years under
+despotism, is irresistible. Light may blind, but who loves utter
+darkness? The soldier may melt down like the rest; he is a man, and may
+be a madman like the rest; he, too, is one of the multitude.</p>
+
+<p>"Their language may be folly or wisdom, it may be stolen from the
+ramblings of romance writers, or be the simple utterance of
+irrepressible instincts within; but it is the language which I hear
+every where around me. Men eat and drink to it, work and play to it,
+awake and sleep to it. It is in the rocks and the streams, in the
+cradle, and almost on the deathbed. It rings in the very atmosphere; and
+what must be the consequence? If the French ever cross the Rhine, they
+will sweep every thing before them, as easily as a cloud sweeps across
+the sky, and with as little power in man to prevent them. A cluster of
+church steeples or palace spires could do no more to stop the rush of a
+hurricane.</p>
+
+<p>"You will call me a panegyrist of Republicanism, or of France. I have no
+love for either. But I may admire the spring of the tiger, or even give
+him credit for the strength of his tusks, and the grasp of his talons,
+without desiring to see him take the place of my spaniel on the
+hearth-rug, or choosing him as the companion of my travels. <i>I</i> dread
+the power of the multitude, <i>I</i> despair of its discipline, and <i>I</i>
+shrink from the fury of its passions. A republic in France can be
+nothing but a funeral pile, in which the whole fabric is made, not for
+use, but for destruction; which man cannot inhabit, but which the first
+torch will set in a blaze from the base to the summit; and upon which,
+after all, corpses alone crown the whole hasty and tottering erection.
+But this I <i>shall</i> say, that Germany is at this moment on the verge of
+insurrection; and that the first French flag which waves on the right
+bank of the Rhine will be the signal of explosion. I say more; that if
+the effect is to be permanent, pure, or beneficial, it will <i>not</i> be the
+result of the tricolor. The French conquests have always been brilliant,
+but it was the brilliancy of a soap-bubble. A puff of the weakest lips
+that ever breathed from a throne, has always been enough to make the
+nation conquerors; but the hues of glory no sooner began to colour the
+thin fabric, than it burst before the eye, and the nation had only to
+try another bubble. It is my impression, that the favouritism of
+Revolution at this moment will even receive its death-blow from France
+itself. All is well while nothing is seen of it but the<span class='pagenum'><a name="Page_612" id="Page_612">[Pg 612]</a></span> blaze
+ascending, hour by hour, from the fragments of her throne, or nothing
+heard but the theatrical songs of the pageants which perform the new
+idolatry of 'reason.' But when the Frenchman shall come among nations
+with the bayonet in his right hand and with the proclamation in his
+left&mdash;when he turns his charger loose into the corn-field, and robs the
+peasant whom he harangues on the rights of the people&mdash;this republican
+baptism will give no new power to the conversion. The German phlegm will
+kick, the French <i>vivacit&eacute;</i> will scourge, and then alone will the true
+war begin. Yet all this may be but the prelude. When the war of weapons
+has been buried in its own ashes, another war may begin, the war of
+minds&mdash;the struggle of mighty nations, the battle of an ambition of
+which our purblind age has not even a glimpse&mdash;a terrible strife, yet
+worthy of the immortal principle of man, and to be rewarded only by a
+victory which shall throw all the exploits of soldiership into the
+shade."</p>
+
+<p>While I was meditating on the hidden meanings of this letter, in which
+my Jewish friend seemed to have imbibed something of the dreamy spirit
+of Germany itself, I was startled by a tremendous uproar outside the
+hospital&mdash;the drums beat to arms, the garrison hastily mustered, the
+population poured into the streets, and a strong and startling light in
+all the casements, showed that some great conflagration had just begun.
+The intelligence was soon spread that the Hotel de Ville, the noblest
+building in the city, a fine specimen of Italian architecture of the
+seventeenth century, and containing some incomparable pictures by the
+Italian masters, and a <i>chef-d'&oelig;uvre</i> of Rubens, had been set on fire
+by a bomb, and was now in a blaze from battlement to ground. The next
+intelligence was still more painful. The principal convent of the city,
+which was close in its rear, had taken fire, and the unfortunate nuns
+were seen at the windows in the most imminent danger of perishing.
+Feeble as I was, I immediately rose. The B&eacute;guine rushed in at the
+moment, wringing her hands and uttering the wildest cries of terror at
+the probable destruction of those unhappy women. I volunteered my
+services, which were accepted, and I hurried out to assist in saving
+them if possible. The spectacle was overwhelming.</p>
+
+<p>The Hotel de Ville was a large and nearly insulated building, with a
+kind of garden-walk round three of its sides, which was now filled with
+the populace. The garrison exhibited all the activity of the national
+character in their efforts to extinguish the flames. Scaling-ladders
+were applied to the windows, men mounted them thick as bees;
+fire-buckets were passed from hand to hand, for the fire-engines had
+been long since destroyed by the cannonade; and there seemed to be some
+hope of saving the structure, when a succession of agonizing screams
+fixed every eye on the convent, where the fire had found its way to the
+stores of wood and oil, and shot up like the explosion of gunpowder. The
+efforts of the troops were now turned to save the convent; but the
+intense fury of the flame defeated every attempt. The scaling-ladders no
+sooner touched the casements than they took fire; the very walls were so
+hot that none could approach them; and every new gust swept down a sheet
+of flame, which put the multitude to flight in all directions. Artillery
+was now brought out to breach the walls; but while there remained a
+hundred and fifty human beings within, it was impossible to make use of
+the guns. All efforts at length ceased; and the horror was deepened, if
+such could be, by seeing now and then a distracted figure rush to a
+casement, toss up her arms to heaven, and then rush back again with a
+howl of despair.</p>
+
+<p>I proposed to the French officers that they should dig under the
+foundations, and thus open a way of escape through the vaults. The
+attempt was made, but it had the ill success of all the rest. The walls
+were too massive for our strength, and the pickaxe and spade were thrown
+aside in despair. From the silence which now seemed to reign within, and
+the volumes of smoke which poured from the casements, it began to be the
+general impression that the fate of the nuns was already decided; and
+the officers were about to limber up their guns and retire, when I
+begged their chief to make one trial more, and fire at a huge iron door<span class='pagenum'><a name="Page_613" id="Page_613">[Pg 613]</a></span>
+which closed a lofty archway leading to the Hotel de Ville. He complied;
+a six-pound ball was sent against the door, and it flew off its hinges.
+To the boundless exultation and astonishment of all, we saw the effect
+of this fortunate shot, in the emergence of the whole body of the nuns
+from the smoking and shattered building. They had been driven, step by
+step, from the interior to the long stone-built passage which in old
+times had formed a communication with the town, and which had probably
+not been used for a century. The troops and populace now rushed into the
+Hotel de Ville to meet and convey them to places of safety. I followed
+with the same object, yet with some unaccountable feeling that I had a
+personal interest in the rescue. The halls and apartments were on the
+huge and heavy scale of ancient times, and I was more than once
+bewildered in ranges of corridors filled with the grim reliques of civic
+magnificence, fierce portraits of forgotten men of city fame, portentous
+burghers, and mailed captains of train bands. The unhappy women were at
+length gathered from the different galleries to which they had scattered
+in their fright, and were mustered at the head of the principal
+entrance, or <i>grand escalier</i>, at whose foot the escort was drawn up for
+their protection.</p>
+
+<p>But the terrors of that fearful night were not yet at an end. The light
+of the conflagration had caught the eye of the besiegers, and a whole
+flight of shells were sent in its direction. Some burst in the street,
+putting the populace to flight on every side; and, while the women were
+on the point of rushing down the stair, a crash was heard above, and an
+enormous shell burst through the roof, carrying down shattered rafters,
+stones, and a cloud of dust. The batteries had found our range, and a
+succession of shells burst above our heads, or tore their way downwards.
+All was now confusion and shrieking. At length one fell on the centre of
+the <i>escalier</i>, rolled down a few steps, and, bursting, tore up the
+whole stair, leaving only a deep gulf between us and the portal. The
+women fled back through the apartment. I now regarded all as lost; and
+expecting the roof to come down every moment on my head, and hearing
+nothing round me but the bursting and hissing of those horrible
+instruments of havoc, I hurried through the chambers, in the hope of
+finding some casement from which I might reach the ground. They were all
+lofty and difficult of access, but I at length climbed up to one, from
+which, though twenty or thirty feet from the path below, I determined to
+take the plunge. I was about to leap, when, to my infinite surprise, I
+heard my name pronounced. I stopped. I heard the words&mdash;"<i>Adieu, pour
+toujours!</i>" All was dark within the room, but I returned to discover the
+speaker. It was a female on her knees near the casement, and evidently
+preparing to die in prayer. I took her hand, and led her passively
+towards the window; she wore the dress of a nun, and her veil was on her
+face. As she seemed fainting, I gently removed it to give her air. A
+sheet of flame suddenly threw a broad light across the garden, and in
+that face I saw&mdash;Clotilde! She gave a feeble cry, and fell into my arms.</p>
+
+<p>Our escape was accomplished soon after, by one of the scaling-ladders
+which was brought at my call; and before I slept, I had seen the being
+in whom my very existence was concentrated, safely lodged with the
+principal family of the town. Slept, did I say? I never rested for an
+instant. Thoughts, reveries, a thousand wild speculations, rose, fell,
+chased each other through my brain, and all left me feverish,
+half-frantic, and delighted.</p>
+
+<p>At the earliest moment which could be permitted by the formalities of
+France, even in a besieged town, I flew to Clotilde. She received me
+with the candour of her noble nature. Her countenance brightened with
+sudden joy as she approached me. In the <i>salle de reception</i> she sat
+surrounded by the ladies of the family, still full of enquiries on the
+perils of the night, congratulations on her marvellous escape, and no
+slight approval of the effect of the convent costume on the contour of
+her fine form and expressive features. My entrance produced a diversion
+in her favour; and I was showered with showy speeches from the seniors
+of the circle; the younger portion suddenly relapsing<span class='pagenum'><a name="Page_614" id="Page_614">[Pg 614]</a></span> into that frigid
+propriety which the Mademoiselle retains until she becomes the Madame,
+and then flings off for ever like her girlish wardrobe. But their eyes
+took their full share, and if glances at the "Englishman" could have
+been transfered into words, I should have enjoyed a very animated
+conversation on the part of the <i>Jeunes Innocenes</i>. But I shrank from
+the panegyric of my "heroism," as it was pronounced in all the tones of
+courtesy; and longed for the voice of Clotilde alone. The circle at last
+withdrew, and I was left to the most exquisite enjoyment of which the
+mind of man is capable&mdash;the full, fond, and faithful outpouring of the
+heart of the woman he loves. Strange to say, I had never exchanged a
+syllable with Clotilde before; and yet we now as deeply understood each
+other&mdash;were as much in each other's confidence, and had as little of the
+repulsive ceremonial of a first interview, as if we had conversed for
+years.</p>
+
+<p>"You saved my life," said she; "and you are entitled to my truest
+gratitude to my last hour. I had made up my mind to die. I was exhausted
+in the attempt to escape from that horrible convent. When at last I
+reached the Hotel de Ville, and found that all the sisterhood had been
+driven back from the great stair by the flames, I gave up all hope: and
+may I acknowledge, unblamed, to you&mdash;but from <i>you</i> what right have I
+now to conceal any secret of my feelings?&mdash;I was not unwilling to lay
+down a life which seemed to grow darker from day to day."</p>
+
+<p>"You were wearied of your convent life?" said I, fixing my eyes on hers
+with eager enquiry. "But you must not tell me that you are a nun. The
+new laws of France forbid that sacrifice. My sweet Clotilde, while I
+live, I shall never recognise your vows."</p>
+
+<p>"You need not," she answered, with a smile that glowed.</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">'Celestial rosy red, love's proper hue.'<br /></span>
+</div></div>
+
+<p>"I have never taken them. The superior of the convent was my near
+relative, and I fled to her protection from the pursuit of one whom I
+never could have respected, and whom later thoughts have made me all but
+abhor."</p>
+
+<p>"Montrecour! I shall pursue him through the world."</p>
+
+<p>"No," said Clotilde; "he is as unworthy of your resentment as of my
+recollection. He is a traitor to his king and a disgrace to his
+nobility. He is now a general in the Republican service, Citizen
+Montrecour. But we must talk of him no more."</p>
+
+<p>She blushed deeply, and after some hesitation, said, "I am perfectly
+aware that the marriages customary among our noblesse were too often
+contracted in the mere spirit of exclusiveness; and I own that the
+proposal of my alliance with the Marquis de Montrecour was a family
+arrangement, perfectly in the spirit of other days. But my residence in
+England changed my opinions on the custom of my country, and I
+determined never to marry." She stopped short, and with a faint smile,
+said, "But let us talk of something else." Her cheek was crimson, and
+her eyes were fixed on the ground.</p>
+
+<p>"No, Clotilde, talk of nothing else. Talk of your feelings, your
+sentiments, of yourself, and all that concerns yourself. No subject on
+earth can ever be so delightful to your friend. But, talk of what you
+will, and I shall listen with a pleasure which no human being has ever
+given me before, or ever shall give me again."</p>
+
+<p>She raised her magnificent eyes, and fixed them full upon me with an
+involuntary look of surprise, then grew suddenly pale, and closed them
+as if she were fainting. "I must listen," said she, "to this language no
+longer. I know you to be above deception. I know you to be above playing
+with the vanity of one unused to praise, and to such praise. But I have
+a spirit as high as your own. Let us be friends. It will give an
+additional honour to my name; shall I say"&mdash;and she faltered&mdash;"an
+additional interest to my existence. Now we must part for a while."</p>
+
+<p>"Never!" was my exclamation. "The world does not contain two Clotildes.
+And you shall never leave me. You have just told me that I preserved
+your life. Why shall I not be its protector still? Why not be suffered
+to devote mine to making yours<span class='pagenum'><a name="Page_615" id="Page_615">[Pg 615]</a></span> happy?" But the bitter thought struck me
+as I uttered the words&mdash;how far I was from the power of giving this
+incomparable creature the station in society which was hers by right!
+How feeble was my hope even of competence! How painfully I should look
+upon her beauty, her fine understanding, and her generous heart, humbled
+to the narrow circumstances of one whose life depended upon the chances
+of the most precarious of all professions, and whose success in that
+profession depended wholly on the caprice of fortune. But one glance
+more drove all doubts away, and I took her hand.</p>
+
+<p>She looked at me with speechless embarrassment, sighed deeply, and a
+tear stole down her cheek. At length, withdrawing her hand, she said, in
+almost a whisper, and with an evident effort, "This must not be. I feel
+infinite honour in your good opinion&mdash;deeply grateful for your kindness.
+But this must not be. No. I should rather wear this habit for my life,
+than make so ungenerous a return to the noble spirit that can thus offer
+its friendship to a stranger."</p>
+
+<p>"No, Clotilde, no. Again, in my turn, I say, this must not be; you are
+<i>no</i> stranger. I know you at this hour as well as if I had known you
+from the first hour of my being. I gave my heart to you from the moment
+when I first saw you among your countrywomen in England. It required no
+time to make me feel that you were my fate. It was an instinct, a spell,
+a voice of nature, a voice of heaven within me!"</p>
+
+<p>She listened and trembled. I again took the hand, which was withheld no
+more. "From that day, Clotilde, you were my thought by day and my dream
+by night. All my desires of distinction were, that it might be seen by
+your eye; all my hopes of fortune, that I might be enabled to lay it at
+your feet. If a throne were offered to me on condition of renouncing
+you, I should have rejected it. If it were my lot to labour in the
+humblest rank of life, with <i>you</i> by my side I should have cheerfully
+laboured; and, with your hand in mine, I should have said, I have found
+what is worth the world&mdash;happiness!"</p>
+
+<p>Tears flowed down her cheeks, which were now like marble. She feebly
+attempted to smile, while, with eyelids drooping, and her whole frame
+quivering with emotion, she murmured in broken accents, "It is
+impossible&mdash;utterly impossible! leave me. I must not bring you a
+portionless, a helpless, a nameless being&mdash;a mere dependent on your
+kindness, a burden on your fortune, an obstacle to your whole advance in
+the world!" A rich flush suddenly lighted up her lovely countenance, and
+a new splendour flashed from her eyes. She threw back her head loftily,
+and looking upwards, as if to draw thoughts from above&mdash;"Sir," said she,
+"I am as proud as you. I have had noble ancestors; I have borne a noble
+name. If that name has fallen, it is in the common wreck of my country.
+Our fortunes have sunk, only where the monarchy has gone down along with
+them; and I shall never degrade the memory of those ancestors, nor
+humiliate still more the fallen name of our house, by imposing my
+obscurity, my poverty, on one who has honoured me as you have done.
+Now&mdash;farewell! My resolution is fixed. Farewell, my friend! I shall
+never forget this day." She turned away her face, and wept abundantly;
+then, fixing a deep look on me, she added&mdash;"I own that it would be a
+consolation to Clotilde de Tourville to believe that she may be
+sometimes remembered; but, until times change, we meet no more&mdash;if they
+change not, we part for ever."</p>
+
+<p>I was so completely startled, so thunderstruck, by this declaration,
+that I could not utter a word. I stood gazing at her with open lips. I
+felt a mist gathering over my eyes; a strange sensation about my heart
+chilled my whole frame. I tottered to the sofa and pressed my hand in
+pain upon my eyes; when I withdrew it, I was alone&mdash;Clotilde was gone,
+she had vanished with the silence of a vision.</p>
+
+<p>I left the house immediately, in a state of mind which seemed like a
+dissolution of all my faculties. I could not speak&mdash;I could scarcely
+see&mdash;I could only gasp for air, and retain sufficient power over my
+limbs to guide my steps to my melancholy dwelling. There I threw myself
+on my rough bed, and lingered throughout<span class='pagenum'><a name="Page_616" id="Page_616">[Pg 616]</a></span> the day in an exhaustion of
+mind and body, which I sometimes thought to be the approach of death.
+How little could Clotilde have intended that I should suffer thus for
+her high-toned delicacy! Still, in all my misery of soul, I did her
+justice. I remembered the countenance of melancholy beauty with which
+she announced her final determination. The accents of her impassioned
+voice continually rose in my recollection, giving the deepest testimony
+of a heart struggling at once with affection and a sense of duty. In my
+wildest reveries during that day and night of wretchedness, I felt that,
+if she could have spared me a single pang, she would have rejoiced to
+cheer, to console, to tranquillize me. Those were strange feelings for a
+rejected lover, but they were entirely mine. There was so lofty a spirit
+in her glance, so true a sincerity in her language, so pure and
+transparent a truth in her sighs, and smiles, and involuntary tears,
+that I acquitted her, from my soul, of all attempts to try, or triumph
+over, my devotion to her. More than once, during that night of anguish,
+I almost imagined the scene of the day actually passing again before my
+eyes. I saw her sorrows, and vainly endeavoured to subdue them; I heard
+her convulsive tones, and attempted to calm them; I reasoned with her,
+talked of our common helplessness, acknowledged the dignity and the
+delicacy of her conduct, and even gave her lip the kiss of peace and
+sorrow as I bade her farewell. Deep but exquisite illusion! which I
+cherished, and strove to renew; until, suddenly aroused by some changing
+of the sentinels, or passing of the attendants, I looked round, and saw
+nothing but the gloomy roof, the old flickering of the huge lantern
+hanging from the centre of the hall, and the beds where so many had
+slept their last, and which so many of the sleepers were never to leave
+with life. I then had the true experience of human passion. Love, in the
+light and gay, may be as sportive as themselves; in the calm and grave,
+it may be strong and deep; but in some, it is strong as tempest and
+consuming as flame.</p>
+
+<p>I should probably have closed my days in that place of all afflicting
+sights and sounds, but for my good old B&eacute;guine. On her first visit at
+dawn, she lectured me prodigiously on the folly of exposing myself to
+the hazards of the night air, of which she evidently thought much more
+than of the Austrian cannon-balls. "They might shower upon the buildings
+as they pleased, but," said the B&eacute;guine, "if they kill, their business
+is done. It is your cold, your damp, your night air, that carries off,
+without letting any one know how," the perplexity of science on the
+subject plainly forming the chief evil in poor Juliet's mind.</p>
+
+<p>"See my own condition," said she, striving to bring her recollections in
+aid of her advice. "At fifteen I was a barmaid at the Swartz Adler;
+there I ran in and out, danced at all the family f&ecirc;tes, and was as gay
+as a bird on the tree. But that life was too good to last. At twenty, a
+corporal of Prussian dragoons fell in love with me, or I with him&mdash;it is
+all the same. His regiment was ordered to Silesia, and away we all
+marched. But if ever there was a country of fogs, that was the one.
+There are, now and then, a few even in our delightful France; but, in
+Silesia, they have a patent for them, they have them <i>par privil&egrave;ge</i>; if
+men could eat them, there would never be a chance of starving in
+Silesia. So we all got sore throats. Cannon and musketry were nothing to
+them. Our dragoons dropped off like flies at the end of summer; and,
+unless we had been ordered away to keep the Turks from marching to
+Berlin, or the saints know where, the regiment would have had its last
+quarters in this world within a league of the marshes of Breslau. So I
+say ever since&mdash;take care of damp."</p>
+
+<p>Having thus relieved her good-natured spirit of its burden, she
+proceeded to give me sketches of her history. The corporal had fallen a
+victim&mdash;though whether to Silesian fog, brandy, or bullet, she left
+doubtful&mdash;and she had married his successor in the rank. Love and
+matrimony in the army are of a different order from either in civil
+life; for the love is perpetual, the matrimony precarious. Juliet
+acknowledged that she never<span class='pagenum'><a name="Page_617" id="Page_617">[Pg 617]</a></span> left above a month's interval between her
+afflictions as a widow and her consolations as a wife. In the course of
+time she changed her service. A handsome Austrian sergeant won her heart
+and hand, and she followed him to Hungary. There, between marsh fever
+and Turkish skirmishing, various casualties occurred in the matrimonial
+list; and Juliet, who evidently had been a handsome brunette, and whose
+French vivacity distanced all the heavy charms of the Austrian
+peasantry, was never without a husband. At length, like other veterans,
+having served her country to the full extent of her patriotism, she was
+discharged with her tenth husband, and of course induced the honest
+Austrian to come to the only country on which, in a Frenchwoman's creed,
+the sun shines. There the Austrian died.</p>
+
+<p>"I loved him," said the B&eacute;guine, wiping her eyes. "He was an excellent
+fellow, though dull; and I believe, next to smoking and schnaps, he
+loved me better than any thing else in the world. But on his emperor's
+birth-day, which he always kept with a bottle of brandy additional, he
+rambled out into the fog, and came back with a cold. <i>Peste!</i> I knew it
+was all over with him; but I nursed him like a babe, and he died, like a
+true Austrian, with his meerschaum in his mouth, bequeathing me his
+snuff-box, the certificate of his pension, and his blessing. I buried
+him, got pensioned, and was broken-hearted. What, then, was to be done?
+I was born for society. I once or twice thought of an eleventh husband;
+but I was rich. I had above a thousand francs, and a pension of a
+hundred; this perplexed me. I was determined to be married for myself
+alone. Yet, how could I know whether the hypocrites who clustered round
+me were not thinking of my money all the while? So I determined to marry
+no more&mdash;and became a B&eacute;guine."</p>
+
+<p>In all my vexation, I could not help turning my eye upon the
+sentimentalist. She interpreted it in the happy way of her country. "You
+wonder at my self-denial," said she; "I perceive it in your
+astonishment. I was <i>but</i> fifty then. Yes," said she, clasping her hands
+and looking pathetic; "I acknowledge that it <i>was</i> cruel. What right had
+I to break so many hearts? I have much to answer for&mdash;and I <i>but</i> fifty!
+I am even now but fifty-six. Yet, observe, I have taken no vows; remark
+<i>that</i>, Monsieur le Capitaine. At this moment I am only a <i>S&oelig;ur de
+Charit&eacute;</i>. No, nothing shall ever induce me to make or keep the vows. <i>I</i>
+am free to marry to-morrow; and I only beg, Monsieur le Capitaine, that
+when you are well enough to go abroad again, whether in the town or in
+the country, or in whatever part of Europe you may travel, you will have
+the kindness to state positively, most positively, that Juliet
+Donnertronk, <i>n&eacute;e</i> Ventrebleu, has not taken, and never will take, any
+vows whatever!"</p>
+
+<p>"Not even those of marriage, Juliet?" asked I.</p>
+
+<p>She laughed, and patted my burning head, with "<i>Ah, vous &ecirc;tes bien bon!
+Ah, moqueur Anglais!</i>" finishing with all the pantomine of blushing
+confusion, and starting away like a fluttered pigeon.</p>
+
+<p>As soon as I felt able to move, which was not till some days after, my
+first effort was to reach the mansion in which Clotilde resided. But
+there I received the intelligence, that on the evening of the day of my
+first and last visit, she had left the town with the superior of the
+convent. She had made such urgent entreaties to the governor to be
+permitted to leave Valenciennes, that he had obtained a passport for her
+from the general commanding the trenches; and not only for her, but also
+for the nuns&mdash;the burning of whose convent had left them houseless.</p>
+
+<p>Painful as it was thus to lose her, it was in some degree a relief to
+find that she was under the protection of her relative; and when I saw,
+from day to day, the ravage that was committed by the tremendous weight
+of fire, I almost rejoiced that she was no longer exposed to its perils.</p>
+
+<p>But it was my fate, or perhaps my good fortune, never to be suffered to
+brood long over my own calamities. My life was spent in the midst of
+tumults, which, if they did not extinguish&mdash;and what could
+extinguish?&mdash;the sense of such mental trials, at least prevented the
+echo of my complaints from returning to my ears. Before<span class='pagenum'><a name="Page_618" id="Page_618">[Pg 618]</a></span> the midnight of
+that very day in which I had flung myself on my couch with almost total
+indifference as to my ever resting on another, the whole city was
+alarmed by the intelligence that the besiegers were evidently preparing
+for an assault. I listened undisturbed. Even this could scarcely add to
+the horrors in which the inhabitants lived from hour to hour; and to me
+it was the hope of a rescue, unless I should be struck by some of the
+shells, which now were perpetually bursting in the streets, or should
+even fall a victim to the wrath of the incensed garrison. But an order
+came suddenly to the officer in charge of the hospital, to send all the
+patients into the vaults, and throw all the beds on the roof, to deaden
+the weight of the fire. He was a man of gentlemanlike manners, and had
+been attentive to me, in the shape of many of those minor civilities
+which a man of severe authority might have refused, but which mark
+kindliness of disposition. On this night he told me, that he had orders
+to put all the prisoners in arrest; but that he regarded me more as a
+friend than a prisoner&mdash;and that I was at liberty to take any precaution
+for my security which I thought proper. My answer was, "that I hoped, at
+all events, not to be shut into the vaults, but to take my chance above
+ground." In the end, I proposed to assist in carrying the mattresses to
+the roof, and remain there until the night was over. "But you will be
+hit," said my friend. "So be it," was my answer. "It is the natural fate
+of my profession; but, at least, I shall not be buried alive."</p>
+
+<p>"All will be soon over with us all, and with Valenciennes," said the
+officer; "though whether to-night or not, is a question. We have seen
+new batteries raised within the last twenty-four hours. The enemy have
+now nearly three hundred heavy guns in full play; and, to judge from the
+quantity of shells, they must have a hundred mortars besides. No
+fortress can stand this; and, if it continues, we shall soon be ground
+into dust." He took his leave; and, with my mattress on my shoulder, I
+mounted the numberless and creaking staircases, until the door of the
+roof and the landscape opened on me together.</p>
+
+<p>The night was excessively dark, but perfectly calm; and, except where
+the fire from the batteries marked their position, all objects beyond
+the ramparts were invisible. The town around me lay silent, and looking
+more like a vast grave than a place of human existence. Now and then the
+light of a lantern gliding along the ruined streets, showed me a group
+of wretched beings hurrying a corpse to the next churchyard, or a priest
+seeking his way over the broken heaps to attend some dying soldier or
+citizen. All was utter desolation.</p>
+
+<p>But a new scene&mdash;a terrible and yet a superb one&mdash;suddenly broke upon
+me. A discharge of rockets from various points of the allied lines,
+showed that a general movement was begun. The batteries opened along the
+whole extent of the trenches, and by their blaze I was able to discern,
+advancing and formed in their rear, two immense columns, which, however,
+in the distance and the fitfulness of the glare, looked more like huge
+clouds than living beings. The guns of the ramparts soon replied, and
+the roar was deafening; while the plunging of shot along the ramparts
+and roofs made our situation perilous in no slight degree. But, in the
+midst of this hurricane of fire, I saw a single rocket shoot up from the
+camp, and the whole range of the batteries ceased at the instant. The
+completeness of the cessation was scarcely less appalling than the roar.
+While every telescope was turned intently to the spot, where the columns
+and batteries seemed to have sunk together into the earth, a pyramid of
+blasting flame burst up to the very clouds, carrying with it fragments
+of beams and masonry. The explosion rent the air, and shook the building
+on which I stood as if it had been a house of sand. A crowd of engineer
+and staff-officers now rushed on the roof, and their alarm at the
+results of the concussion was undisguised. "This is what we suspected,"
+said the chief to me; "but it was impossible to discover where the
+gallery of their mine was run. Our counter mine has clearly failed." He
+had scarcely spoken the words, before a second and still broader
+explosion tore up the ground to a great extent, and threw the
+counterscarp for several<span class='pagenum'><a name="Page_619" id="Page_619">[Pg 619]</a></span> hundred yards into the ditch. The drums of the
+columns were now distinctly heard beating the advance; but darkness had
+again fallen, and all was invisible. A third explosion followed, still
+closer to the ramparts, which blew up the face of the grand bastion. The
+stormers now gave a general shout, and I saw them gallantly dashing
+across the ditch and covered way, tearing down the palisades, fighting
+hand to hand, clearing the outworks with the bayonet, and finally making
+a lodgement on the bastion itself. The red-coats, which now swarmed
+through the works, and the colours planted on the rampart, showed me
+that my countrymen had led the assault, and my heart throbbed with envy
+and admiration. "Why am I not there?" was my involuntary cry; as I
+almost wished that some of the shots, which were not flying about the
+roofs, would relieve me from the shame of being a helpless spectator.
+"<i>Mon ami</i>," said the voice of the brave and good-natured Frenchman, who
+had overheard me&mdash;"if you wish to rejoin your regiment, you will not
+have long to wait. This affair will not be decided to-night, as I
+thought that it would be half an hour ago. I see that they have done as
+much as they intended for the time, and mean to leave the rest to fright
+and famine. To-morrow will tell us something. Pack up your valise. <i>Bon
+soir!</i>"</p>
+
+
+
+<hr style="width: 65%;" />
+<h2>SONNET TO CLARKSON.</h2>
+
+
+<div class="poem"><div class="stanza">
+<span class="i0">Patriot for England's conscience! Champion keen<br /></span>
+<span class="i0">Of man's one holy birthright! dear grey head,<br /></span>
+<span class="i0">Laurell'd with blessings!&mdash;Hath my country bred<br /></span>
+<span class="i0">Lips, to her shame, in unregenerate spleen<br /></span>
+<span class="i0">Profaning heaven's own air with words unclean<br /></span>
+<span class="i0">Against thy sacred name?&mdash;Th' august pure Dead<br /></span>
+<span class="i0">In calm of glory sleep:&mdash;like them serene,<br /></span>
+<span class="i0">In virtue firmlier mail'd than they with dust,<br /></span>
+<span class="i0">Wait, Clarkson, on our sorrow-trodden sphere,<br /></span>
+<span class="i0">Until her climes waft promise to thine ear,<br /></span>
+<span class="i0">How each thy proud renown will have in trust:<br /></span>
+<span class="i0">Then call'd, at the life-judging Throne appear<br /></span>
+<span class="i0">On the right hand, avouched Loving and Just.<br /></span>
+</div><div class="stanza">
+<span class="i25">A. B.<br /></span>
+</div></div>
+
+
+
+<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_620" id="Page_620">[Pg 620]</a></span></p>
+<h2>LETTER FROM THE RIGHT HON. CHARLES HOPE, LATE LORD PRESIDENT OF THE
+COURT OF SESSION.</h2>
+
+
+<p class="right">
+<span class="smcap">Edinburgh</span>, <i>25th October 1844</i>.
+</p>
+
+<p>TO THE EDITOR OF BLACKWOOD'S MAGAZINE.</p>
+
+<p><span class="smcap">Sir</span>,</p>
+
+<p>I did not read Mr Lockhart's "Life of Sir Walter Scott," and therefore
+it was only lately, and by mere accident, I heard that he has inserted
+an anecdote of Lord Braxfield, which, if it had been true, must for ever
+load his memory with indelible infamy. The story, in substance, I
+understand to be this&mdash;That Lord Braxfield once tried a man for forgery
+at the Circuit at <i>Dumfries</i>, who was not merely an acquaintance, but an
+intimate friend of his Lordship, with whom he used to play at chess:
+That he did this as coolly as if he had been a perfect stranger: That
+the man was found guilty: That he pronounced sentence of death upon him;
+and then added, "Now, John, I think I have <i>checkmated</i> you now." A more
+unfeeling and brutal conduct it is hardly possible to imagine. The
+moment I heard the story I contradicted it; as, from my personal
+knowledge of Lord Braxfield, I was certain that it could not be true.
+Lord Braxfield certainly was not a polished man in his manners; and
+now-a-days especially would be thought a coarse man. But he was a
+kind-hearted man, and a warm and steady friend&mdash;intimately acquainted
+with all my family, and much esteemed by them all. I was under great
+obligations to him for the countenance he showed me when I came to the
+bar, just sixty years ago, and therefore I was resolved to probe the
+matter to the bottom. For that purpose, I directed the record of the
+South Circuit to be carefully searched, and the result is, that Lord
+Braxfield <i>never tried any man for forgery at Dumfries</i>. But I was not
+satisfied with this, as it might have been said that Sir Walter had only
+mistaken the town, and that the thing might have happened at some of the
+other Circuit towns. Therefore I then directed a search to be made of
+the records of all the other Circuits in Scotland, during the whole time
+that Lord Braxfield sat on the Justiciary Bench; and the result is, that
+his Lordship never tried any man for forgery at any of the Circuits,
+<i>except once at Stirling</i>; and then the culprit, instead of being a
+friend, or even a common acquaintance of Lord Braxfield's, <i>was a
+miserable shopkeeper in the town of Falkirk</i>, whose very name it is
+hardly possible he could have heard till he read it in the indictment.
+Therefore I think I have effectually cleared his character from the
+ineffable infamy of such brutality.</p>
+
+<p>I understand that Mr Lockhart became completely satisfied that this
+story did not apply to Lord Braxfield; and therefore has set it down, in
+his second edition, to the credit, or rather to the discredit, not of
+Lord Braxfield, but of a "<i>certain judge</i>." But this does not
+sufficiently clear Lord Braxfield of it. Because thousands may never see
+his second edition, or if they did, might think that the story still
+related to Lord Braxfield, but that Mr Lockhart had suppressed his name
+out of delicacy to his family; and therefore, as your excellent Magazine
+has a more extensive circulation in Scotland than the <i>Quarterly</i>, I beg
+of you to give this letter an early place. I understand one circumstance
+which satisfied Mr Lockhart that the story did not apply to Lord
+Braxfield is, that the family had assured him that he never played at
+chess&mdash;a fact of which I could also have assured Mr Lockhart. But the
+search of the records of Justiciary, which I directed to be made, is the
+most satisfactory refutation of the infamous calumny; and I cannot
+imagine how Sir Walter could have believed it for a moment. Certainly he
+would not, if he had known Lord Braxfield as intimately as I did. I owe
+a debt of gratitude to his memory, and am happy to have an opportunity
+of repaying it.</p>
+
+<div class="poem"><div class="stanza">
+<span class="i2">I am,<br /></span>
+</div><div class="stanza">
+<span class="i4">Sir,<br /></span>
+</div><div class="stanza">
+<span class="i6">Your most obedient servant,<br /></span>
+</div><div class="stanza">
+<span class="i6"><span class="smcap">C. Hope</span>.<br /></span>
+</div></div>
+
+
+
+<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_621" id="Page_621">[Pg 621]</a></span></p>
+<h2>POEMS BY ELIZABETH B. BARRETT.<a name="FNanchor_31_31" id="FNanchor_31_31"></a><a href="#Footnote_31_31" class="fnanchor">[31]</a></h2>
+
+
+<p>These volumes, from the pen of Miss Barrett, would be a remarkable
+publication at any time; but, in the present dearth of poetical genius,
+their appearance is doubly welcome; their claims on our consideration
+are doubly strong; and we cannot allow ourselves to pass them over
+without some detailed notice of their contents. In spite of many
+blemishes in point of execution, this lady's poems have left a very
+favourable impression on our mind. If the poetess does not always
+command our unqualified approbation, we are at all times disposed to
+bend in reverence before the deep-hearted and highly accomplished
+woman&mdash;a woman, whose powers appear to us to extend over a wider and
+profounder range of thought and feeling, than ever before fell within
+the intellectual compass of any of the softer sex.</p>
+
+<p>If we might venture to divine this lady's moral and intellectual
+character from the general tone of her writings, we should say, that
+never did woman's mind dwell more habitually among the thoughts of a
+solemn experience&mdash;never was woman's genius impressed more profoundly
+with the earnestness of life, or sanctified more purely by the
+overshadowing awfulness of death. She aspires to write as she has lived;
+and certainly her poetry opens up many glimpses into the history of a
+pure and profound heart which has felt and suffered much. At the same
+time, a reflective cast of intellect lifts her feelings into a higher
+and calmer region than that of ordinary sorrow. There are certain
+delicate and felicitous peculiarities in the constitution of her
+sensibilities, which frequently impart a rare and subtle originality to
+emotions which are as old, and as widely diffused, as the primeval
+curse. The spirit of her poetry appears to us to be eminently religious;
+not because we think her very successful when she deals directly with
+the mysteries of divine truth, but because she makes us feel, even when
+handling the least sacred subjects, that we are in the presence of a
+heart which, in its purity, sees God. In the writings of such a woman,
+there must be much which is calculated to be a blessing and a benefit to
+mankind. If her genius always found a suitable exponent in her style,
+she would stand unrivaled, we think, among the poetesses of England.</p>
+
+<p>But whether it be that Miss Barrett is afraid of degrading poetry to the
+low rank of an <i>accomplishment</i>&mdash;whether it be that she has some
+peculiar theory of her own on the subject of language, and on the mode
+in which poetical emotions may be most felicitously expressed&mdash;whether
+it be that nature has denied her the possession of a sound critical
+judgment, or that she refuses to exercise it in the moment of
+inspiration&mdash;whether it be that she considers the habit of pure and
+polished composition an attainment of very secondary importance&mdash;or
+whether it be that she has allowed herself to be infected by the
+prevailing mannerisms of the day&mdash;certain it is, that there is a large
+proportion of her poetry in which she has failed to add the graces of
+good style and of careful versification to her other excellent
+acquirements. That she can write pure English, and that she frequently
+does so, is undeniable. In some of the extracts which we shall give, we
+believe that the language could scarcely be improved. But we are
+constrained to say, that her compositions are very often disfigured by
+strained or slovenly modes of phraseology, which greatly detract from
+their impressiveness, and which must materially injure the reputation of
+their authoress, by turning away many hearts from the homage which they
+otherwise would most willingly have rendered to her exalted genius.</p>
+
+<p>Miss Barrett is a classical scholar. She surely knows that the great
+works in which she delights have earned the epithet of <i>classical</i>, and
+come recommended to the reverence of all mankind, solely in virtue of
+the scrupulous propriety of their language; and because they are fitted
+to serve as models of style to all succeeding generations. The purity of
+their diction, and nothing else, has been their passport to immortality.
+We cannot but lament that Miss Barrett has not provided<span class='pagenum'><a name="Page_622" id="Page_622">[Pg 622]</a></span> more surely for
+her future fame, by turning to their best account the lessons which the
+masterpieces of antiquity are especially commissioned to teach.</p>
+
+<p>Let it not be thought that we would counsel Miss Barrett, or any one
+else, to propose these works to themselves as direct objects of
+imitation. Far from it. Such directions would be very vague and
+unmeaning, and might lead to the commission of the very errors which
+they aimed at preventing. The words "purity and propriety of diction"
+are themselves very vague words. Let us say, then, that a style which
+goes at once to the point, which is felt to <i>get through business</i>, and
+which carries with it no affectation, either real or apparent, is always
+a good style; and that no other style is good. This is the quality which
+may be generalized from the works of the great authors of all ages, as
+the prime characteristic of all good writing. Their style is always
+pregnant with a working activity&mdash;it impresses us with the feeling that
+real work is done here. We fear not to say that Milton himself owes much
+of his reputation to the peremptory and business-like vigour of his
+style. He never beats about the bush&mdash;he never employs language which a
+plain man would not have employed&mdash;if he could. The sublimity of
+"Paradise Lost" is supported throughout by the direct force of its
+language&mdash;language the most elaborate, but also the most to the point,
+and the least fantastical, that ever fell from human lips. There are
+difficulties to encounter in the abstract conception of the poem. The
+naked argument does not at first recommend itself to our understanding.
+It is not till we have vanquished those difficulties,&mdash;in which step we
+are mainly assisted by the unparalleled execution of the work,&mdash;that all
+our sympathies gravitate towards the mysterious theme.</p>
+
+<p>Now if it be true that it requires all the force of a thoroughly
+practical style to reconcile our affections to such remote and obscure
+conceptions as the fall of man, the war of the rebellious angels, &amp;c.,
+it is peculiarly unfortunate that Miss Barrett, in her opening poem,
+entitled a "Drama of Exile," should have ventured to tread on Miltonic
+ground. For, while our feelings are naturally disposed to fly off at a
+tangent from the vague and impalpable conceptions which form the staple
+of her poem, the dreamy and unpractical character of her style makes
+them fly still further from the subject. The force of her language is
+not sufficient to bind down and rivet our sympathies to the theme; and
+the lyrical portions of the drama, in particular, are so inarticulate,
+that we are compelled to pronounce this composition&mdash;partial to it as
+its authoress is&mdash;the least successful of her works.</p>
+
+<p>But it is our wish to do full justice to Miss Barrett's extraordinary
+merits, and to convey to our readers a favourable impression of her
+powers; and therefore we shall say no more at present about the "Drama
+of Exile," but shall turn our attention to some of the fairer and less
+questionable manifestations of her genius. We shall commence with her
+sonnets; for these appear to us to be by far the most finished of her
+compositions in point of style; and in depth and purity of sentiment, we
+think that they surpass any thing she has ever written, with the
+exception of the poem entitled "Bertha in the Lane," which we shall
+quote hereafter. As our first specimen, we select one which she entitles</p>
+
+<div class="poem"><div class="stanza">
+<span class="i9"><span class="smcap">Discontent.</span><br /></span>
+</div><div class="stanza">
+<span class="i0">"Light human nature is too lightly tost<br /></span>
+<span class="i0">And ruffled without cause; complaining on&mdash;<br /></span>
+<span class="i0">Restless with rest&mdash;until, being overthrown,<br /></span>
+<span class="i0">It learneth to lie quiet. Let a frost<br /></span>
+<span class="i0">Or a small wasp have crept to the innermost<br /></span>
+<span class="i0">Of our ripe peach; or let the wilful sun<br /></span>
+<span class="i0">Shine westward of our window,&mdash;straight we run<br /></span>
+<span class="i0">A furlong's sigh, as if the world were lost.<br /></span>
+<span class="i0">But what time through the heart and through the brain<br /></span>
+<span class="i0">God hath transfix'd us&mdash;we, so moved before,<br /></span>
+<span class="i0">Attain to a calm! Ay, shouldering weights of pain,<br /></span>
+<span class="i0">We anchor in deep waters, safe from shore;<br /></span>
+<span class="i0">And hear, submissive, o'er the stormy main,<br /></span>
+<span class="i0">God's charter'd judgments walk for evermore."<br /></span>
+<span class='pagenum'><a name="Page_623" id="Page_623">[Pg 623]</a></span></div></div>
+
+<p>Yes; we fear it is too true that the voice of God never speaks so
+articulately to man, as when it speaks in the desperate calm of a soul
+to which life or death has done its worst. The same solemn thought with
+which the sonnet concludes, forms the moral of her ballad entitled the
+"Lay of the Brown Rosary." It is thus that the heroine of that poem
+speaks&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Then breaking into tears&mdash;'Dear God,' she cried, 'and must we see<br /></span>
+<span class="i0">All blissful things depart from <i>us</i>, or ere we go to <span class="smcap">Thee</span>?<br /></span>
+<span class="i0">We cannot guess thee in the wood, or hear thee in the wind?<br /></span>
+<span class="i0">Our cedars must fall round us, ere we see the light behind?<br /></span>
+<span class="i0">Ay sooth, we feel too strong in weal, to need thee on that road;<br /></span>
+<span class="i0">But woe being come, the soul is dumb that crieth not on 'God.'"<br /></span>
+</div></div>
+
+<p>Then it is that the despair which blackens the earth strikes clear the
+face of the sky. Listen again to Miss Barrett, when her soul is cheered
+by the promises of "Futurity:"&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i9"><span class="smcap">Futurity.</span><br /></span>
+</div><div class="stanza">
+<span class="i0">"And, O beloved voices! upon which<br /></span>
+<span class="i0">Ours passionately call, because erelong<br /></span>
+<span class="i0">Ye brake off in the middle of that song<br /></span>
+<span class="i0">We sang together softly, to enrich<br /></span>
+<span class="i0">The poor world with the sense of love, and witch<br /></span>
+<span class="i0">The heart out of things evil&mdash;I am strong,&mdash;<br /></span>
+<span class="i0">Knowing ye are not lost for aye among<br /></span>
+<span class="i0">The hills, with last year's thrush. God keeps a niche<br /></span>
+<span class="i0">In Heaven to hold our idols! and albeit<br /></span>
+<span class="i0">He brake them to our faces, and denied<br /></span>
+<span class="i0">That our close kisses should impair their white,&mdash;<br /></span>
+<span class="i0">I know we shall behold them raised, complete,&mdash;<br /></span>
+<span class="i0">The dust shook from their beauty,&mdash;glorified<br /></span>
+<span class="i0">New Memnons singing in the great God-light."<br /></span>
+</div></div>
+
+<p>And again, listen to her hallowed and womanly strain when she speaks of
+"Comfort:"&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i9"><span class="smcap">Comfort.</span><br /></span>
+</div><div class="stanza">
+<span class="i0">"Speak low to me, my Saviour&mdash;low and sweet<br /></span>
+<span class="i0">From out the hallelujahs, sweet and low,<br /></span>
+<span class="i0">Lest I should fear and fall, and miss thee so<br /></span>
+<span class="i0">Who art not miss'd by any that entreat.<br /></span>
+<span class="i0">Speak to me as to Mary at thy feet&mdash;<br /></span>
+<span class="i0">And if no precious gums my hands bestow,<br /></span>
+<span class="i0">Let my tears drop like amber, while I go<br /></span>
+<span class="i0">In reach of thy divinest voice complete<br /></span>
+<span class="i0">In humanest affection&mdash;thus, in sooth<br /></span>
+<span class="i0">To lose the sense of losing! As a child,<br /></span>
+<span class="i0">Whose song-bird seeks the wood for evermore,<br /></span>
+<span class="i0">Is sung to in its stead by mother's mouth;<br /></span>
+<span class="i0">Till, sinking on her breast, love-reconciled,<br /></span>
+<span class="i0">He sleeps the faster that he wept before."<br /></span>
+</div></div>
+
+<p>How profound and yet how feminine is the sentiment! No <i>man</i> could have
+written that sonnet. It rises spontaneously from the heart of a
+Christian woman, which overflows with feelings more gracious and more
+graceful than ever man's can be. It teaches us what religious poetry
+truly is; for it makes affections inspired by the simplest things of
+earth, to illustrate, with the most artless beauty, the solemn
+consolations of the Cross.</p>
+
+<p>The pointedness of the following religious sonnet is very striking and
+sublime. The text is, "And the Lord turned and <i>looked</i> upon Peter."</p>
+
+<div class="poem"><div class="stanza">
+<span class="i9"><span class="smcap">The Meaning of the Look.</span><br /></span>
+</div><div class="stanza">
+<span class="i0">"I think that look of Christ might seem to say&mdash;<br /></span>
+<span class="i0">'Thou Peter! art thou then a common stone<br /></span>
+<span class="i0">Which I at last must break my heart upon,<br /></span>
+<span class="i0">For all God's charge, to his high angels, may<br /></span>
+<span class="i0">Guard my foot better? Did I yesterday<span class='pagenum'><a name="Page_624" id="Page_624">[Pg 624]</a></span><br /></span>
+<span class="i0">Wash <i>thy</i> feet, my beloved, that they should run<br /></span>
+<span class="i0">Quick to deny me 'neath the morning sun,&mdash;<br /></span>
+<span class="i0">And do thy kisses, like the rest, betray?&mdash;<br /></span>
+<span class="i0">The cock crows coldly.&mdash;Go, and manifest<br /></span>
+<span class="i0">A late contrition, but no bootless fear!<br /></span>
+<span class="i0">For when thy deathly need is bitterest,<br /></span>
+<span class="i0">Thou shalt not be denied, as I am here&mdash;<br /></span>
+<span class="i0">My voice, to God and angels, shall attest,&mdash;<br /></span>
+<span class="i0"><i>Because I</i> <span class="smcap">know</span> <i>this man, let him be clear</i>.'"<br /></span>
+</div></div>
+
+<p>One more sonnet, and we bid adieu to these very favourable specimens of
+Miss Barrett's genius:&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i9"><span class="smcap">Patience Taught by Nature.</span><br /></span>
+</div><div class="stanza">
+<span class="i0">"'O dreary life!' we cry, 'O dreary life!'<br /></span>
+<span class="i0">And still the generations of the birds<br /></span>
+<span class="i0">Sing through our sighing, and the flocks and herds<br /></span>
+<span class="i0">Serenely live while we are keeping strife<br /></span>
+<span class="i0">With heaven's true purpose in us, as a knife<br /></span>
+<span class="i0">Against which we may struggle. Ocean girds<br /></span>
+<span class="i0">Unslacken'd the dry land: savannah-swards<br /></span>
+<span class="i0">Unweary sweep: hills watch, unworn; and rife<br /></span>
+<span class="i0">Meek leaves drop yearly from the forest-trees,<br /></span>
+<span class="i0">To show, above, the unwasted stars that pass<br /></span>
+<span class="i0">In their old glory. O thou God of old!<br /></span>
+<span class="i0">Grant me some smaller grace than comes to <i>these</i>;&mdash;<br /></span>
+<span class="i0">But so much patience, as a blade of grass<br /></span>
+<span class="i0">Grows by contented through the heat and cold."<br /></span>
+</div></div>
+
+<p>There is a poem in these volumes entitled the "Cry of <i>the Human</i>"&mdash;some
+stanzas of which are inspired by profound feeling, and written with a
+rare force and simplicity of style; but as other parts of it are
+obscure, and as it appears to us to be of very unequal merit, we shall
+not quote the whole of it. In addition to the faults which are to be
+found in the poem itself, its title is objectionable, as embodying one
+of Miss Barrett's worst mannerisms, and one for which we think that no
+allowance ought to be made. She is in the habit of employing certain
+adjectives in a substantive sense. She does so here. In other places she
+writes "Heaven assist <i>the Human</i>." "Leaning from <i>my human</i>," that is,
+stooping from my rank as a human being. In one passage she says,</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Till the heavenly Infinite<br /></span>
+<span class="i0">Falling off from our <i>Created</i>&mdash;"<br /></span>
+</div></div>
+
+<p><i>nature</i> being understood after the word "created." The word "divine" is
+one which she frequently employs in this substantive fashion. She also
+writes "Chanting down the <i>Golden</i>"&mdash;the golden what?</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Then the full sense of your <i>mortal</i><br /></span>
+<span class="i0">Rush'd upon you deep and loud."<br /></span>
+</div></div>
+
+<p>For "mortal," read "mortality." It is true that this practice may be
+defended to a certain extent by the example and authority of Milton. But
+Miss Barrett is mistaken if she supposes that her frequent and prominent
+use of such a form of speech, can be justified by the rare and
+unobtrusive instances of it which are to be found in the <i>Paradise
+Lost</i>. To use an anomalous expression two or three times in a poem
+consisting of many thousand lines, is a very different thing from
+bringing the same anomaly conspicuously forward, and employing it as a
+common and favourite mode of speech in a number of small poems. In the
+former case, it will be found that the expression is vindicated by the
+context, and by the circumstances under which it is employed; in the
+latter case it becomes a nuisance which cannot be too rigorously put
+down. One step further and we shall find ourselves talking, in the
+dialect of Yankeeland, of "us poor Humans!" However, as the point
+appears to us to be one which does not admit of controversy, we shall
+say no more on the subject, but shall proceed to the more agreeable duty
+of quoting the greater portion of Miss Barrett's poem, which may be
+regarded as a commentary on the prayer&mdash;"The Lord be merciful to us
+sinners."<span class='pagenum'><a name="Page_625" id="Page_625">[Pg 625]</a></span></p>
+
+<div class="poem"><div class="stanza">
+<span class="i0"><span class="smcap">The Cry of the Human.</span><br /></span>
+</div><div class="stanza">
+<span class="i0">"'There is no God,' the foolish saith,&mdash;<br /></span>
+<span class="i2">But none, 'There is no sorrow;'<br /></span>
+<span class="i0">And nature oft, the cry of faith,<br /></span>
+<span class="i2">In bitter need will borrow:<br /></span>
+<span class="i0">Eyes, which the preacher could not school,<br /></span>
+<span class="i2">By wayside graves are raised;<br /></span>
+<span class="i0">And lips say, 'God be pitiful,'<br /></span>
+<span class="i2">Which ne'er said, 'God be praised.'<br /></span>
+<span class="i6">Be pitiful, O God!<br /></span>
+</div><div class="stanza">
+<span class="i0">"The curse of gold upon the land,<br /></span>
+<span class="i2">The lack of bread enforces&mdash;<br /></span>
+<span class="i0">The rail-cars snort from strand to strand,<br /></span>
+<span class="i2">Like more of Death's White horses!<br /></span>
+<span class="i0">The rich preach 'rights' and future days,<br /></span>
+<span class="i2">And hear no angel scoffing:<br /></span>
+<span class="i0">The poor die mute&mdash;with starving gaze<br /></span>
+<span class="i2">On corn-ships in the offing.<br /></span>
+<span class="i6">Be pitiful, O God!<br /></span>
+</div><div class="stanza">
+<span class="i0">"We meet together at the feast&mdash;<br /></span>
+<span class="i2">To private mirth betake us&mdash;<br /></span>
+<span class="i0">We stare down in the winecup, lest<br /></span>
+<span class="i2">Some vacant chair should shake us!<br /></span>
+<span class="i0">We name delight and pledge it round&mdash;<br /></span>
+<span class="i2">'It shall be ours to-morrow!'<br /></span>
+<span class="i0">God's seraphs! do your voices sound<br /></span>
+<span class="i2">As sad in naming sorrow?<br /></span>
+<span class="i6">Be pitiful, O God!<br /></span>
+</div><div class="stanza">
+<span class="i0">"We sit together with the skies,<br /></span>
+<span class="i2">The steadfast skies above us:<br /></span>
+<span class="i0">We look into each other's eyes,&mdash;<br /></span>
+<span class="i2">'And how long will you love us?'&mdash;<br /></span>
+<span class="i0">The eyes grow dim with prophecy,<br /></span>
+<span class="i2">The voices, low and breathless&mdash;<br /></span>
+<span class="i0">'Till death us part!'&mdash;O words, to be<br /></span>
+<span class="i2">Our <i>best</i> for love the deathless!<br /></span>
+<span class="i6">Be pitiful, dear God!<br /></span>
+</div><div class="stanza">
+<span class="i0">"We tremble by the harmless bed<br /></span>
+<span class="i2">Of one loved and departed&mdash;<br /></span>
+<span class="i0">Our tears drop on the lips that said<br /></span>
+<span class="i2">Last night, 'Be stronger-hearted!'<br /></span>
+<span class="i0">O God&mdash;to clasp those fingers close,<br /></span>
+<span class="i2">And yet to feel so lonely!&mdash;<br /></span>
+<span class="i0">To see a light on dearest brows,<br /></span>
+<span class="i2">Which is the daylight only!<br /></span>
+<span class="i6">Be pitiful, O God!<br /></span>
+</div><div class="stanza">
+<span class="i0">"The happy children come to us,<br /></span>
+<span class="i2">And look up in our faces:<br /></span>
+<span class="i0">They ask us&mdash;Was it thus, and thus,<br /></span>
+<span class="i2">When we were in their places?&mdash;<br /></span>
+<span class="i0">We cannot speak:&mdash;we see anew<br /></span>
+<span class="i2">The hills we used to live in;<br /></span>
+<span class="i0">And feel our mother's smile press through<br /></span>
+<span class="i2">The kisses she is giving.<br /></span>
+<span class="i4">Be pitiful, O God!<br /></span>
+</div><div class="stanza">
+<span class="i0">"We pray together at the kirk,<br /></span>
+<span class="i2">For mercy, mercy, solely&mdash;<br /></span>
+<span class="i0">Hands weary with the evil work,<br /></span>
+<span class="i2">We lift them to the Holy!<br /></span>
+<span class="i0">The corpse is calm below our knee&mdash;<br /></span>
+<span class="i2">Its spirit, bright before Thee&mdash;<br /></span>
+<span class="i0">Between them, worse than either, we&mdash;<br /></span>
+<span class="i2">Without the rest or glory!<br /></span>
+<span class="i4">Be pitiful, O God!<br /></span>
+</div><div class="stanza">
+<span class="i0">"We sit on hills our childhood wist,<br /></span>
+<span class="i2">Woods, hamlets, streams, beholding!<br /></span>
+<span class="i0">The sun strikes, through the furthest mist,<br /></span>
+<span class="i2">The city's spire to golden.<br /></span>
+<span class="i0">The city's golden spire it was,<br /></span>
+<span class="i2">When hope and health were strongest,<br /></span>
+<span class="i0">But now it is the churchyard grass<br /></span>
+<span class="i2">We look upon the longest.<br /></span>
+<span class="i6">Be pitiful, O God!<br /></span>
+</div><div class="stanza">
+<span class="i0">"And soon all vision waxeth dull&mdash;<br /></span>
+<span class="i2">Men whisper, 'He is dying:'<br /></span>
+<span class="i0">We cry no more, 'Be pitiful!'&mdash;<br /></span>
+<span class="i2">We have no strength for crying!&mdash;<br /></span>
+<span class="i0">No strength, no need! Then, Soul of mine,<br /></span>
+<span class="i2">Look up and triumph rather&mdash;<br /></span>
+<span class="i0">Lo! in the depth of God's Divine,<br /></span>
+<span class="i2">The Son adjures the Father&mdash;<br /></span>
+<span class="i6">Be pitiful, O God!"<br /></span>
+</div></div>
+
+<p>"The Romance of the Swan's Nest" is written in a different vein. It is
+characterized by graceful playfulness of manner and sentiment, which
+shows how heartily the amiable authoress can enter into the sympathies
+and enjoyments of child, and how much she is at home when she engages in
+lighter dalliance with the muse. We have taken the liberty to print in
+italics two or three <i>Barrettisms</i>, which however, we believe, are not
+very reprehensible. On the whole, it is very pleasing and elegant
+performance:&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0"><span class="smcap">Romance of the Swan's Nest.</span><br /></span>
+</div><div class="stanza">
+<span class="i2">"Little Ellie sits alone<br /></span>
+<span class="i0">Mid the beeches of a meadow,<br /></span>
+<span class="i2">By a stream-side, on the grass:<br /></span>
+<span class="i2">And the trees are showering down<br /></span>
+<span class="i0"><i>Doubles of their leaves in shadow</i>,<br /></span>
+<span class="i2">On her shining hair and face.<br /></span>
+</div><div class="stanza">
+<span class="i2">"She has thrown her bonnet by;<br /></span>
+<span class="i0">And her feet she has been dipping<br /></span>
+<span class="i2">In the shallow water's flow&mdash;<br /></span>
+<span class="i2">Now she holds them nakedly<span class='pagenum'><a name="Page_626" id="Page_626">[Pg 626]</a></span><br /></span>
+<span class="i0">In her hands, all sleek and dripping,<br /></span>
+<span class="i2">While she rocketh to and fro.<br /></span>
+</div><div class="stanza">
+<span class="i2">"Little Ellie sits alone,&mdash;<br /></span>
+<span class="i0">And the smile, she softly useth,<br /></span>
+<span class="i2">Fills the silence like a speech;<br /></span>
+<span class="i2">While she thinks what shall be done,&mdash;<br /></span>
+<span class="i0">And the sweetest pleasure, chooseth,<br /></span>
+<span class="i2">For her future within reach!<br /></span>
+</div><div class="stanza">
+<span class="i2">"Little Ellie in her smile<br /></span>
+<span class="i0">Chooseth ... 'I will have a lover,<br /></span>
+<span class="i2">Riding on a steed of steeds!<br /></span>
+<span class="i2">He shall love me without guile;<br /></span>
+<span class="i0">And to <i>him</i> I will discover<br /></span>
+<span class="i2">That swan's nest among the reeds.<br /></span>
+</div><div class="stanza">
+<span class="i2">"'And the steed shall be red-roan,<br /></span>
+<span class="i0">And the lover shall be noble,<br /></span>
+<span class="i2">With an eye <i>that takes the breath</i>,&mdash;<br /></span>
+<span class="i2">And the lute he plays upon<br /></span>
+<span class="i0">Shall strike ladies into trouble,<br /></span>
+<span class="i2">As his sword strikes men to death.<br /></span>
+</div><div class="stanza">
+<span class="i2">"'And the steed, it shall be shod<br /></span>
+<span class="i0">All in silver, housed in azure,<br /></span>
+<span class="i2">And the mane shall swim the wind!<br /></span>
+<span class="i2">And the hoofs, along the sod,<br /></span>
+<span class="i0">Shall flash onward <i>in a pleasure</i>,<br /></span>
+<span class="i2">Till the shepherds look behind.<br /></span>
+</div><div class="stanza">
+<span class="i2">"'But my lover will not prize<br /></span>
+<span class="i0">All the glory that he rides in,<br /></span>
+<span class="i2">When he gazes in my face!<br /></span>
+<span class="i2">He will say, 'O Love, thine eyes<br /></span>
+<span class="i0">Build the shrine my soul abides in;<br /></span>
+<span class="i2">And I kneel here for thy grace.'<br /></span>
+</div><div class="stanza">
+<span class="i2">"'Then, ay, then&mdash;he shall kneel low&mdash;<br /></span>
+<span class="i0">With the red-roan steed <i>anear</i> him<br /></span>
+<span class="i2">Which shall seem to understand&mdash;<br /></span>
+<span class="i2">Till I answer, "Rise, and go!<br /></span>
+<span class="i0">For the world must love and fear him<br /></span>
+<span class="i2">Whom I gift with heart and hand."<br /></span>
+</div><div class="stanza">
+<span class="i2">"'Then he will arise so pale,<br /></span>
+<span class="i0">I shall feel my own lips tremble<br /></span>
+<span class="i2">With a <i>yes</i> I must not say&mdash;<br /></span>
+<span class="i2">Nathless, maiden-brave, "Farewell,"<br /></span>
+<span class="i0">I will utter and dissemble&mdash;<br /></span>
+<span class="i2">"Light to-morrow, with to-day."<br /></span>
+</div><div class="stanza">
+<span class="i2">"'Then he will ride through the hills,<br /></span>
+<span class="i0">To the wide world past the river,<br /></span>
+<span class="i2">There to put away all wrong!<br /></span>
+<span class="i2">To make straight distorted wills,&mdash;<br /></span>
+<span class="i0">And to empty the broad quiver<br /></span>
+<span class="i2">Which the wicked bear along.<br /></span>
+</div><div class="stanza">
+<span class="i2">"'Three times shall a young foot-page<br /></span>
+<span class="i0">Swim the stream, and climb the mountain,<br /></span>
+<span class="i2">And kneel down beside my feet&mdash;<br /></span>
+<span class="i2">"Lo! my master sends this gage,<br /></span>
+<span class="i0">Lady, <i>for thy pity's counting</i>!<br /></span>
+<span class="i2">What wilt thou exchange for it?"<br /></span>
+</div><div class="stanza">
+<span class="i2">"'And the first time, I will send<br /></span>
+<span class="i0">A white rosebud for a guerdon,&mdash;<br /></span>
+<span class="i2">And the second time, a glove!<br /></span>
+<span class="i2">But the third time&mdash;I may bend<br /></span>
+<span class="i0">From my pride, and answer&mdash;"Pardon,<br /></span>
+<span class="i2">If he comes to take my love."<br /></span>
+</div><div class="stanza">
+<span class="i2">"'Then the young foot-page will run,<br /></span>
+<span class="i0">Then my lover will ride faster,<br /></span>
+<span class="i2">Till he kneeleth at my knee!<br /></span>
+<span class="i2">"I am a duke's eldest son!<br /></span>
+<span class="i0">Thousand serfs do call me master,&mdash;<br /></span>
+<span class="i2">But, O Love, I love but thee!"<br /></span>
+</div><div class="stanza">
+<span class="i2">"'He will kiss me on the mouth<br /></span>
+<span class="i0">Then, and lead me as a lover,<br /></span>
+<span class="i2">Through the crowds that praise his deeds!<br /></span>
+<span class="i2">And when soul-tied by one troth,<br /></span>
+<span class="i0">Unto <i>him</i> I will discover<br /></span>
+<span class="i2">That swan's nest among the reeds.'<br /></span>
+</div><div class="stanza">
+<span class="i2">"Little Ellie, with her smile<br /></span>
+<span class="i0">Not yet ended, rose up gaily,&mdash;<br /></span>
+<span class="i2">Tied the bonnet, donn'd the shoe&mdash;<br /></span>
+<span class="i2">And went homeward, round a mile,<br /></span>
+<span class="i0">Just to see, as she did daily,<br /></span>
+<span class="i2">What more eggs were with the <i>two</i>.<br /></span>
+</div><div class="stanza">
+<span class="i2">"Pushing through the elm-tree copse<br /></span>
+<span class="i0">Winding by the stream, light-hearted,<br /></span>
+<span class="i2">Where the osier pathway leads&mdash;<br /></span>
+<span class="i2">Past the boughs she stoops&mdash;and stops!<br /></span>
+<span class="i0">Lo! the wild swan had deserted&mdash;<br /></span>
+<span class="i2">And a rat had gnaw'd the reeds.<br /></span>
+</div><div class="stanza">
+<span class="i2">"Ellie went home sad and slow!<br /></span>
+<span class="i0">If she found the lover ever,<br /></span>
+<span class="i2">With his red-roan steed of steeds,<br /></span>
+<span class="i2">Sooth I know not! but I know<br /></span>
+<span class="i0">She could show him never&mdash;never,<br /></span>
+<span class="i2">That swan's nest among the reeds!"<br /></span>
+</div></div>
+
+<p>But the gem of the collection is unquestionably the poem entitled
+"Bertha in the Lane." This is the purest picture of a broken heart that
+ever drew tears from the eyes of woman or of man. Although our extracts
+are likely to exceed the proportion which they ought to bear to our
+critical commentary, we must be permitted to quote this poem entire. A
+grain of such poetry is worth a cart-load of criticism:&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0"><span class="smcap">Bertha in the Lane.</span><br /></span>
+</div><div class="stanza">
+<span class="i0">"Put the broidery-frame away,<br /></span>
+<span class="i0">For my sewing is all done!<span class='pagenum'><a name="Page_627" id="Page_627">[Pg 627]</a></span><br /></span>
+<span class="i0">The last thread is used to-day,<br /></span>
+<span class="i2">And I need not join it on.<br /></span>
+<span class="i2">Though the clock stands at the noon,<br /></span>
+<span class="i2">I am weary! I have sewn<br /></span>
+<span class="i2">Sweet, for thee, a wedding-gown.<br /></span>
+</div><div class="stanza">
+<span class="i0">"Sister, help me to the bed,<br /></span>
+<span class="i2">And stand near me, dearest-sweet,<br /></span>
+<span class="i0">Do not shrink nor be afraid,<br /></span>
+<span class="i2">Blushing with a sudden heat!<br /></span>
+<span class="i2">No one standeth in the street?&mdash;<br /></span>
+<span class="i2">By God's love I go to meet,<br /></span>
+<span class="i2">Love I thee with love complete.<br /></span>
+</div><div class="stanza">
+<span class="i0">"Lean thy face down! drop it in<br /></span>
+<span class="i2">These two hands, that I may hold<br /></span>
+<span class="i0">'Twixt their palms thy cheek and chin,<br /></span>
+<span class="i2">Stroking back the curls of gold.<br /></span>
+<span class="i2">'Tis a fair, fair face, in sooth&mdash;<br /></span>
+<span class="i2">Larger eyes and redder mouth<br /></span>
+<span class="i2">Than mine were in my first youth!<br /></span>
+</div><div class="stanza">
+<span class="i0">"Thou art younger by seven years&mdash;<br /></span>
+<span class="i2">Ah!&mdash;so bashful at my gaze,<br /></span>
+<span class="i0">That the lashes, hung with tears,<br /></span>
+<span class="i2">Grow too heavy to upraise?<br /></span>
+<span class="i2">I would wound thee by no touch<br /></span>
+<span class="i2">Which thy shyness feels as such&mdash;<br /></span>
+<span class="i2">Dost thou mind me, dear, so much?<br /></span>
+</div><div class="stanza">
+<span class="i0">"Have I not been nigh a mother<br /></span>
+<span class="i2">To thy sweetness&mdash;tell me, dear?<br /></span>
+<span class="i0">Have we not loved one another<br /></span>
+<span class="i2">Tenderly, from year to year;<br /></span>
+<span class="i2">Since our dying mother mild<br /></span>
+<span class="i2">Said <i>with accents undefiled</i>,<a name="FNanchor_32_32" id="FNanchor_32_32"></a><a href="#Footnote_32_32" class="fnanchor">[32]</a><br /></span>
+<span class="i2">'Child, be mother to this child!'<br /></span>
+</div><div class="stanza">
+<span class="i0">"Mother, mother, up in heaven,<br /></span>
+<span class="i2">Stand up on the jasper sea,<br /></span>
+<span class="i0">And be witness I have given<br /></span>
+<span class="i2">All the gifts required of me;&mdash;<br /></span>
+<span class="i2">Hope that bless'd me, bliss that crown'd,<br /></span>
+<span class="i2">Love, that left me with a wound,<br /></span>
+<span class="i2">Life itself, that turneth round!<br /></span>
+</div><div class="stanza">
+<span class="i0">"Mother, mother, thou art kind,<br /></span>
+<span class="i2">Thou art standing in the room,&mdash;<br /></span>
+<span class="i0">In a molten glory shrined,<br /></span>
+<span class="i2">That rays off into the gloom!<br /></span>
+<span class="i2">But thy smile is bright and bleak<br /></span>
+<span class="i2">Like cold waves&mdash;I cannot speak;<br /></span>
+<span class="i2">I sob in it, and grow weak.<br /></span>
+</div><div class="stanza">
+<span class="i0">"Ghostly mother, keep aloof<br /></span>
+<span class="i2">One hour longer from my soul&mdash;<br /></span>
+<span class="i0">For I still am thinking of<br /></span>
+<span class="i2">Earth's warm-beating joy and dole!<br /></span>
+<span class="i2">On my finger is a ring<br /></span>
+<span class="i2">Which I still see glittering,<br /></span>
+<span class="i2">When the night hides every thing.<br /></span>
+</div><div class="stanza">
+<span class="i0">"Little sister, thou art pale!<br /></span>
+<span class="i2">Ah! I have a wandering brain&mdash;<br /></span>
+<span class="i0">But I lose that fever-bale,<br /></span>
+<span class="i2">And my thoughts grow calm again.<br /></span>
+<span class="i2">Lean down closer&mdash;closer still!<br /></span>
+<span class="i2">I have words thine ear to fill,&mdash;<br /></span>
+<span class="i2">And would kiss thee at my will.<br /></span>
+</div><div class="stanza">
+<span class="i0">"Dear, I heard thee in the spring,<br /></span>
+<span class="i2">Thee and Robert&mdash;through the trees,<br /></span>
+<span class="i0">When we all went gathering<br /></span>
+<span class="i2">Boughs of May-bloom for the bees.<br /></span>
+<span class="i2">Do not start so! think instead<br /></span>
+<span class="i2">How the sunshine overhead<br /></span>
+<span class="i2">Seem'd to trickle through the shade.<br /></span>
+</div><div class="stanza">
+<span class="i0">"What a day it was, that day!<br /></span>
+<span class="i2">Hills and vales did openly<br /></span>
+<span class="i0">Seem to heave and throb away,<br /></span>
+<span class="i2">At the sight of the great sky:<br /></span>
+<span class="i2">And the silence, as it stood<br /></span>
+<span class="i2">In the glory's golden flood,<br /></span>
+<span class="i2">Audibly did bud&mdash;and bud!<br /></span>
+</div><div class="stanza">
+<span class="i0">"Through the winding hedgerows green,<br /></span>
+<span class="i2">How we wander'd, I and you,&mdash;<br /></span>
+<span class="i0">With the bowery tops shut in,<br /></span>
+<span class="i2">And the gates that show'd the view&mdash;<br /></span>
+<span class="i2">How we talk'd there! thrushes soft<br /></span>
+<span class="i2">Sang our pauses out,&mdash;or oft<br /></span>
+<span class="i2">Bleatings took them, from the croft.<br /></span>
+</div><div class="stanza">
+<span class="i0">"Till the pleasure, grown too strong,<br /></span>
+<span class="i2">Left me muter evermore;<br /></span>
+<span class="i0">And, the winding road being long,<br /></span>
+<span class="i2">I walked out of sight, before;<br /></span>
+<span class="i2">And so, wrapt in musings fond,<br /></span>
+<span class="i2">Issued (past the wayside pond)<br /></span>
+<span class="i2">On the meadow-lands beyond.<br /></span>
+</div><div class="stanza">
+<span class="i0">"I sate down beneath the beech<br /></span>
+<span class="i2">Which leans over to the lane,<br /></span>
+<span class="i0">And the far sound of your speech<br /></span>
+<span class="i2">Did not promise any pain:<br /></span>
+<span class="i2">And I bless'd you full and free,<br /></span>
+<span class="i2">With a smile stoop'd tenderly<br /></span>
+<span class="i2">O'er the May-flowers on my knee.<br /></span>
+</div><div class="stanza">
+<span class="i0">"But the sound grew into word<br /></span>
+<span class="i2">As the speakers drew more near&mdash;<br /></span>
+<span class="i0">Sweet, forgive me that I heard<br /></span>
+<span class="i2">What you wish'd me not to hear.<br /></span>
+<span class="i2">Do not weep so&mdash;do not shake&mdash;<br /></span>
+<span class="i2">Oh,&mdash;I heard thee, Bertha, make<br /></span>
+<span class="i2">Good true answers for my sake.<br /></span>
+<span class='pagenum'><a name="Page_628" id="Page_628">[Pg 628]</a></span></div><div class="stanza">
+<span class="i2">"Yes, and <span class="smcap">he</span> too! let him stand<br /></span>
+<span class="i2">In thy thoughts, untouch'd by blame.<br /></span>
+<span class="i0">Could he help it, if my hand<br /></span>
+<span class="i2">He had claim'd with hasty claim?<br /></span>
+<span class="i2">That was wrong perhaps&mdash;but then<br /></span>
+<span class="i2">Such things be&mdash;and will, again!<br /></span>
+<span class="i2">Women cannot judge for men.<br /></span>
+</div><div class="stanza">
+<span class="i2">"Had he seen thee, when he swore<br /></span>
+<span class="i2">He would love but me alone?<br /></span>
+<span class="i0">Thou wert absent,&mdash;sent before<br /></span>
+<span class="i2">To our kin in Sidmouth town.<br /></span>
+<span class="i2">When he saw thee who art best<br /></span>
+<span class="i2">Past compare, and loveliest,<br /></span>
+<span class="i2">He but judged thee as the rest.<br /></span>
+</div><div class="stanza">
+<span class="i2">"Could we blame him with grave words,<br /></span>
+<span class="i2">Thou and I, Dear, if we might?<br /></span>
+<span class="i0">Thy brown eyes have looks like birds,<br /></span>
+<span class="i2">Flying straightway to the light:<br /></span>
+<span class="i2">Mine are older.&mdash;Hush!&mdash;Look out&mdash;<br /></span>
+<span class="i2">Up the street! Is none without?<br /></span>
+<span class="i2">How the poplar swings about!<br /></span>
+</div><div class="stanza">
+<span class="i2">"And that hour&mdash;beneath the beech,&mdash;<br /></span>
+<span class="i2">When I listen'd in a dream,<br /></span>
+<span class="i0">And he said, in his deep speech,<br /></span>
+<span class="i2">That he owed me all <i>esteem</i>,&mdash;<br /></span>
+<span class="i2">Each word swam in on my brain<br /></span>
+<span class="i2">With a dim, dilating pain,<br /></span>
+<span class="i2">Till it burst with that last strain&mdash;<br /></span>
+</div><div class="stanza">
+<span class="i2">"I fell flooded with a Dark,<br /></span>
+<span class="i2">In the silence of a swoon&mdash;<br /></span>
+<span class="i0">When I rose, still cold and stark,<br /></span>
+<span class="i2">There was night,&mdash;I saw the moon:<br /></span>
+<span class="i2">And the stars, each in its place,<br /></span>
+<span class="i2">And the May-blooms on the grass,<br /></span>
+<span class="i2">Seem'd to wonder what I was.<br /></span>
+</div><div class="stanza">
+<span class="i2">"And I walk'd as if apart<br /></span>
+<span class="i2">From myself, when I could stand&mdash;<br /></span>
+<span class="i0">And I pitied my own heart,<br /></span>
+<span class="i2">As if I held it in my hand,&mdash;<br /></span>
+<span class="i2">Somewhat coldly,&mdash;with a sense<br /></span>
+<span class="i2">Of fulfill'd benevolence,<br /></span>
+<span class="i2">And a 'poor thing' negligence.<br /></span>
+</div><div class="stanza">
+<span class="i2">"And I answer'd coldly too,<br /></span>
+<span class="i2">When you met me at the door;<br /></span>
+<span class="i0">And I only <i>heard</i> the dew<br /></span>
+<span class="i2">Dripping from me to the floor:<br /></span>
+<span class="i2">And the flowers I bade you see,<br /></span>
+<span class="i2">Were too wither'd for the bee,&mdash;<br /></span>
+<span class="i2">As my life, henceforth, for me.<br /></span>
+</div><div class="stanza">
+<span class="i2">"Do not weep so&mdash;dear&mdash;heart-warm!<br /></span>
+<span class="i2">It was best as it befell!<br /></span>
+<span class="i0">If I say he did me harm,<br /></span>
+<span class="i2">I speak wild,&mdash;I am not well.<br /></span>
+<span class="i2">All his words were kind and good&mdash;<br /></span>
+<span class="i2"><i>He esteem'd me!</i> Only blood<br /></span>
+<span class="i2">Runs so faint in womanhood.<br /></span>
+</div><div class="stanza">
+<span class="i2">"Then I always was too grave,&mdash;<br /></span>
+<span class="i2">Liked the saddest ballads sung,&mdash;<br /></span>
+<span class="i0">With that look, besides, we have<br /></span>
+<span class="i2">In our faces, who die young.<br /></span>
+<span class="i2">I had died, Dear, all the same&mdash;<br /></span>
+<span class="i2">Life's long, joyous, jostling game<br /></span>
+<span class="i2">Is too loud for my meek shame.<br /></span>
+</div><div class="stanza">
+<span class="i2">"We are so unlike each other,<br /></span>
+<span class="i2">Thou and <i>I</i>; that none could guess<br /></span>
+<span class="i0">We were children of one mother,<br /></span>
+<span class="i2">But for mutual tenderness.<br /></span>
+<span class="i2">Thou art rose-lined from the cold,<br /></span>
+<span class="i2">And meant, verily, to hold<br /></span>
+<span class="i2">Life's pure pleasures manifold.<br /></span>
+</div><div class="stanza">
+<span class="i2">"I am pale as crocus grows<br /></span>
+<span class="i2">Close beside a rose-tree's root!<br /></span>
+<span class="i0">Whosoe'er would reach the rose,<br /></span>
+<span class="i2">Treads the crocus underfoot&mdash;<br /></span>
+<span class="i2"><i>I</i>, like May-bloom on thorn tree&mdash;<br /></span>
+<span class="i2"><i>Thou</i>, like merry summer-bee!<br /></span>
+<span class="i2">Fit, that <i>I</i> be pluck'd for <i>thee</i>.<br /></span>
+</div><div class="stanza">
+<span class="i2">"Yet who plucks me?&mdash;no one mourns&mdash;<br /></span>
+<span class="i2">I have lived my season out,&mdash;<br /></span>
+<span class="i0">And now die of my own thorns<br /></span>
+<span class="i2">Which I could not live without.<br /></span>
+<span class="i2">Sweet, be merry! How the light<br /></span>
+<span class="i2">Comes and goes! If it be night,<br /></span>
+<span class="i2">Keep the candles in my sight.<br /></span>
+</div><div class="stanza">
+<span class="i2">"Are there footsteps at the door?<br /></span>
+<span class="i2">Look out quickly. Yea, or nay?<br /></span>
+<span class="i0">Some one might be waiting for<br /></span>
+<span class="i2">Some last word that I might say.<br /></span>
+<span class="i2">Nay? So best!&mdash;So angels would<br /></span>
+<span class="i2">Stand off clear from deathly road&mdash;<br /></span>
+<span class="i2">Not to cross the sight of God.<br /></span>
+</div><div class="stanza">
+<span class="i2">"Colder grow my hands and feet&mdash;<br /></span>
+<span class="i2">When I wear the shroud I made,<br /></span>
+<span class="i0">Let the folds lie straight and neat,<br /></span>
+<span class="i2">And the rosemary be spread&mdash;<br /></span>
+<span class="i2">That if any friend should come,<br /></span>
+<span class="i2">(To see <i>thee</i>, sweet!) all the room<br /></span>
+<span class="i2">May be lifted out of gloom.<br /></span>
+</div><div class="stanza">
+<span class="i2">"And, dear Bertha, let me keep<br /></span>
+<span class="i2">On my hand this little ring,<br /></span>
+<span class="i0">Which at nights, when others sleep,<br /></span>
+<span class="i2">I can still see glittering.<br /></span>
+<span class="i2">Let me wear it out of sight,<br /></span>
+<span class="i2">In the grave&mdash;where it will light<br /></span>
+<span class="i2">All the Dark up, day and night.<br /></span>
+</div><div class="stanza">
+<span class="i2">"On that grave, drop not a tear!<br /></span>
+<span class="i2">Else, though fathom-deep the place,<br /></span>
+<span class="i0">Through the woollen shroud I wear,<br /></span>
+<span class="i2">I shall feel it on my face.<br /></span>
+<span class="i2">Rather smile there, blessed one,<br /></span>
+<span class="i2">Thinking of me in the sun&mdash;<br /></span>
+<span class="i2">Or forget me&mdash;smiling on!<span class='pagenum'><a name="Page_629" id="Page_629">[Pg 629]</a></span><br /></span>
+</div><div class="stanza">
+<span class="i2">"Art thou near me? nearer? so!<br /></span>
+<span class="i2">Kiss me close upon the eyes&mdash;<br /></span>
+<span class="i0">That the earthly light may go<br /></span>
+<span class="i2">Sweetly as it used to rise&mdash;<br /></span>
+<span class="i2">When I watch'd the morning-gray<br /></span>
+<span class="i2">Strike, betwixt the hills, the way<br /></span>
+<span class="i2">He was sure to come that day.<br /></span>
+</div><div class="stanza">
+<span class="i2">"So&mdash;no more vain words be said!<br /></span>
+<span class="i2">The hosannas nearer roll&mdash;<br /></span>
+<span class="i0">Mother, smile now on thy Dead&mdash;<br /></span>
+<span class="i2">I am death-strong in my soul!<br /></span>
+<span class="i2">Mystic Dove alit on cross,<br /></span>
+<span class="i2">Guide the poor bird of the snows<br /></span>
+<span class="i2">Through the snow-wind above loss!<br /></span>
+</div><div class="stanza">
+<span class="i2">"Jesus, Victim, comprehending<br /></span>
+<span class="i2">Love's divine self-abnegation&mdash;<br /></span>
+<span class="i0">Cleanse my love in its self-spending,<br /></span>
+<span class="i2">And absorb the poor libation!<br /></span>
+<span class="i2">Wind my thread of life up higher,<br /></span>
+<span class="i2">Up through angels' hands of fire!&mdash;<br /></span>
+<span class="i2">I aspire while I expire!"<br /></span>
+</div></div>
+
+<p>The following extract from a little poem entitled "Sleeping and
+Watching," is very touching in its simplicity. Miss Barrett is watching
+over a slumbering child. How softly does the spirit of the watcher
+overshadow the cradle with the purest influences of its own sanctified
+sorrows, while she thus speaks!&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"<i>I</i>, who cannot sleep as well,<br /></span>
+<span class="i2">Shall I sigh to view you?<br /></span>
+<span class="i0">Or sigh further to foretell<br /></span>
+<span class="i2">All that may undo you?<br /></span>
+<span class="i0">Nay, keep smiling, little child,<br /></span>
+<span class="i2">Ere the sorrow neareth,&mdash;<br /></span>
+<span class="i0"><i>I</i> will smile too! Patience mild<br /></span>
+<span class="i2">Pleasure's token weareth.<br /></span>
+<span class="i0">Nay, keep sleeping, before loss;<br /></span>
+<span class="i2">I shall sleep though losing!<br /></span>
+<span class="i0">As by cradle, so by cross,<br /></span>
+<span class="i2">Sure is the reposing.<br /></span>
+</div><div class="stanza">
+<span class="i0">"And God knows, who sees us twain,<br /></span>
+<span class="i2">Child at childish leisure,<br /></span>
+<span class="i0">I am near as tired of pain<br /></span>
+<span class="i2">As you seem of pleasure;&mdash;<br /></span>
+<span class="i0">Very soon too, by his grace<br /></span>
+<span class="i2">Gently wrapt around me,<br /></span>
+<span class="i0">Shall I show as calm a face,<br /></span>
+<span class="i2">Shall I sleep as soundly!<br /></span>
+<span class="i0">Differing in this, that <i>you</i><br /></span>
+<span class="i2">Clasp your playthings sleeping,<br /></span>
+<span class="i0">While my hand shall drop the few<br /></span>
+<span class="i2">Given to my keeping;<br /></span>
+</div><div class="stanza">
+<span class="i0">"Differing in this, that <i>I</i><br /></span>
+<span class="i2">Sleeping, shall be colder,<br /></span>
+<span class="i0">And in waking presently,<br /></span>
+<span class="i2">Brighter to beholder!<br /></span>
+<span class="i0">Differing in this beside<br /></span>
+<span class="i2">(Sleeper, have you heard me?<br /></span>
+<span class="i0">Do you move, and open wide<br /></span>
+<span class="i2">Eyes of wonder toward me?)&mdash;<br /></span>
+<span class="i0">That while I draw you withal<br /></span>
+<span class="i2">From your slumber, solely,&mdash;<br /></span>
+<span class="i0">Me, from mine, an angel shall,<br /></span>
+<span class="i2">With reveillie holy!"<br /></span>
+</div></div>
+
+<p>After having perused these extracts, it must be impossible for any one
+to deny that Miss Barrett is a person gifted with very extraordinary
+powers of mind, and very rare sensibilities of heart. She must surely be
+allowed to take her place among the female writers of England as a
+poetess of no ordinary rank; and if she does not already overtop them
+all, may she one day stand forth as the queen of that select and
+immortal sisterhood! It is in her power to do so if she pleases.</p>
+
+<p>It is now our duty to revert to the principal poem in the collection,
+respecting which we have already ventured to pronounce rather an
+unfavourable opinion. The "Drama of Exile" is the most ambitious of Miss
+Barrett's compositions. It is intended to commemorate the sayings and
+doings of our First Parents, immediately subsequent to their expulsion
+from the garden of Eden. Its authoress, with sincere modesty, disclaims
+all intention of entering into competition with Milton; but the
+comparison must, of course, force itself upon the reader; and although
+it was not to be expected that she should rise so soaringly as Milton
+does above the level of her theme, it was at any rate to be expected
+that her <i>dramatis person&aelig;</i> should not stand in absolute contrast to
+his. Yet Milton's Satan and Miss Barrett's Lucifer are the very
+antipodes of each other. Milton's Satan is a thoroughly practical
+character, and, if he had been human, he would have made a first-rate
+man of business in any department of life. Miss Barrett's Lucifer, on
+the contrary, is the poorest prater that ever made a point of saying
+nothing to the purpose, and we feel assured that he could have put his
+hand to nothing in heaven, on earth, or in hell. He has nothing to do,
+he does nothing, and<span class='pagenum'><a name="Page_630" id="Page_630">[Pg 630]</a></span> he could do nothing. He seems incapable of
+excogitating a single plot of treachery, or of carrying into execution a
+single deed of violence. His thoughts are a great deal too much taken up
+about his own personal appearance. Gabriel is an equally irresolute
+character. The following is a portion of a dialogue which takes place
+between the two; and it is perhaps as fair a sample of the drama as any
+that we could select. Near the beginning of the poem Gabriel concludes a
+short address to Lucifer with these words&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Go from us straightway.<br /></span>
+</div><div class="stanza">
+<span class="i0"><i>Lucifer.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Wherefore?<br /></span>
+</div><div class="stanza">
+<span class="i0"><i>Gabriel.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;Lucifer,<br /></span>
+<span class="i0">Thy last step in this place, trod sorrow up.<br /></span>
+<span class="i0">Recoil before that sorrow, if not this sword.<br /></span>
+</div><div class="stanza">
+<span class="i0"><i>Lucifer.</i> Angels are in the world&mdash;wherefore not I?<br /></span>
+<span class="i0">Exiles are in the world&mdash;wherefore not I?<br /></span>
+<span class="i0">The cursed are in the world&mdash;wherefore not I?<br /></span>
+</div><div class="stanza">
+<span class="i0"><i>Gabriel.</i> Depart.<br /></span>
+</div><div class="stanza">
+<span class="i0"><i>Lucifer.</i>        And where's the logic of 'depart?'<br /></span>
+<span class="i0">Our lady Eve had half been satisfied<br /></span>
+<span class="i0">To obey her Maker, if I had not learnt<br /></span>
+<span class="i0">To fix my postulate better. Dost thou dream<br /></span>
+<span class="i0">Of guarding some monopoly in heaven<br /></span>
+<span class="i0">Instead of earth? <i>Why I can dream with thee</i><br /></span>
+<span class="i0"><i>To the length of thy wings.</i><br /></span>
+</div><div class="stanza">
+<span class="i0"><i>Gabriel.</i>             I do not dream.<br /></span>
+<span class="i0">This is not heaven, even in a dream; nor earth,<br /></span>
+<span class="i0">As earth was once,&mdash;first breathed among the stars,&mdash;<br /></span>
+<span class="i0">Articulate glory from the mouth divine,&mdash;<br /></span>
+<span class="i0">To which the myriad spheres thrill'd audibly,<br /></span>
+<span class="i0">Touch'd like a lute-string,&mdash;and the sons of God<br /></span>
+<span class="i0">Said <span class="smcap">amen</span>, singing it. I know that this<br /></span>
+<span class="i0">Is earth, not new created, but new cursed&mdash;<br /></span>
+<span class="i0">This, Eden's gate, not open'd, but built up<br /></span>
+<span class="i0">With a final cloud of sunset. Do I dream?<br /></span>
+<span class="i0">Alas, not so! this is the Eden lost<br /></span>
+<span class="i0">By Lucifer the serpent! this the sword<br /></span>
+<span class="i0">(This sword, alive with justice and with fire,)<br /></span>
+<span class="i0">That smote upon the forehead, Lucifer<br /></span>
+<span class="i0">The angel! Wherefore, angel, go ... depart&mdash;<br /></span>
+<span class="i0">Enough is sinn'd and suffer'd.<br /></span>
+</div><div class="stanza">
+<span class="i0"><i>Lucifer.</i>&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;&nbsp;By no means."<br /></span>
+</div></div>
+
+<p>It will be observed, that in this passage Gabriel thrice desires Lucifer
+to "move on;" it will also be observed that Gabriel has a sword&mdash;or
+perhaps it may be the revolving sword which guards Paradise that he
+speaks of; but be it so or not, he threatens Lucifer with the edge of
+the sword unless he decamps; and yet, although the warning is repeated,
+as we have said, three distinct times, and although Lucifer
+pertinaciously refuses to stir a step, still the weapon remains
+innocuous, and the arch-fiend remains intact. This is not the way in
+which Milton manages matters. Towards the conclusion of the fourth book
+of Paradise Lost, this same Gabriel orders Satan to leave his presence&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i12">"Avant!<br /></span>
+<span class="i0">Fly thither whence thou fledd'st."<br /></span>
+</div></div>
+
+<p>The rebel angel refuses to retire:&mdash;upon which, without more ado, both
+sides prepare themselves for battle. On the side of Gabriel</p>
+
+<div class="poem"><div class="stanza">
+<span class="i12">"Th'angelic squadron bright<br /></span>
+<span class="i0"><i>Turned fiery red</i>, sharpening in mooned horns<br /></span>
+<span class="i0">Their phalanx."<br /></span>
+</div></div>
+
+<p>What an intense picture of ardour preparatory to action (it is night,
+remember) is presented to our imaginations by the words "turned fiery
+red!"</p>
+
+<div class="poem"><div class="stanza">
+<span class="i4">"On t'other side, Satan alarm'd,<br /></span>
+<span class="i0">Collecting all his might, dilated stood,<span class='pagenum'><a name="Page_631" id="Page_631">[Pg 631]</a></span><br /></span>
+<span class="i0">Like Teneriff, or Atlas, unremov'd:<br /></span>
+<span class="i0">His stature reach'd the sky."<br /></span>
+</div></div>
+
+<p>Then would have come the tug of war&mdash;then</p>
+
+<div class="poem"><div class="stanza">
+<span class="i6">"Dreadful deeds<br /></span>
+<span class="i0">Might have ensued;"<br /></span>
+</div></div>
+
+<p>and would have ensued&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i25">"Had not soon<br /></span>
+<span class="i0">The Eternal, to prevent such horrid fray,<br /></span>
+<span class="i0">Hung forth in heaven his golden scales."&mdash;<br /></span>
+<span class="i9">"The fiend look'd up and knew<br /></span>
+<span class="i0">His mounted scale aloft; nor more, but fled<br /></span>
+<span class="i0">Murmuring, and with him fled the shades of night."<br /></span>
+</div></div>
+
+<p>But in the interview which Miss Barrett describes between Gabriel and
+Lucifer, no such headlong propensity to act is manifested by either
+party&mdash;no such crisis ensues to interrupt the fray. Gabriel is satisfied
+with giving utterance to a feeble threat, which, when he finds that
+Lucifer pays no attention to it, he never attempts to carry into
+execution. For no apparent cause, he suddenly changes his tone, and
+condescends to hold parley with his foe on a variety of not very
+interesting particulars, informing him, among other things, that he
+"does not dream!"</p>
+
+<p>The following is Lucifer's description of our First Mother. It is
+impregnated with Miss Barrett's mannerisms, and strongly characterized
+by that fantastical and untrue mode of picturing sensible objects, which
+the example of Shelley and Keates tended especially to foster, if they
+were not the first to introduce it:&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"<i>Lucifer.</i> Curse freely! curses thicken. Why, this Eve<br /></span>
+<span class="i0">Who thought me once part worthy of her ear,<br /></span>
+<span class="i0">And somewhat wiser than the other beasts,&mdash;<br /></span>
+<span class="i0">Drawing together <i>her large globes of eyes,</i><br /></span>
+<span class="i0"><i>The light of which is throbbing in and out</i><br /></span>
+<span class="i0"><i>Around their continuity of gaze</i>,&mdash;<br /></span>
+<span class="i0">Knots her fair eyebrows in so hard a knot,<br /></span>
+<span class="i0">And, down from <i>her white heights of womanhood</i>,<br /></span>
+<span class="i0">Looks on me so amazed,&mdash;I scarce should fear<br /></span>
+<span class="i0">To wager such an apple as she pluck'd,<br /></span>
+<span class="i0">Against one riper from the tree of life,<br /></span>
+<span class="i0">That she could curse too&mdash;as a woman may&mdash;<br /></span>
+<span class="i0"><i>Smooth in the vowels</i>."<br /></span>
+</div></div>
+
+<p>We do not very well understand why Eve's curses should have been
+smoother in the vowels than in the consonants. But as we are no great
+elocutionists, or at all well conversant with the mysteries of
+"labials," "dentals," and "gutterals," we shall not contest the point
+with Lucifer, lest we should only expose our own ignorance.</p>
+
+<p>Respecting the leading conception of her drama, Miss Barrett writes
+thus:&mdash;"My subject was the new and strange experience of the fallen
+humanity as it went forth from Paradise into the wilderness; with a
+peculiar reference to Eve's allotted grief, which, considering that
+self-sacrifice belonging to her womanhood, and the consciousness of
+originating the Fall to her offence&mdash;appeared to me imperfectly
+apprehended hitherto, and more expressible by a woman than a man." No
+wonder that Miss Barrett failed in her undertaking. In the conception of
+Eve's grief as distinguished from Adam's, and as coloured by the
+circumstances of her situation&mdash;namely, by the consciousness that she
+had been the <i>first</i> to fall, and the proximate cause of Adam's
+transgression&mdash;there is certainly no sufficient foundation to sustain
+the weight of a dramatic poem. At the most, it might have furnished
+materials for a sonnet. It therefore detracts nothing from the genius of
+Miss Barrett to say, that her attempt has been unsuccessful. She has
+tried to make bricks not only without straw, but almost without clay;
+and that being the case, the marvel is that she should have succeeded so
+well.</p>
+
+<p>"There was room at least," continues<span class='pagenum'><a name="Page_632" id="Page_632">[Pg 632]</a></span> Miss Barrett, "for lyrical emotion
+in those first steps into the wilderness, in that first sense of
+desolation after wrath, in that first audible gathering of the
+recriminating 'groan of the whole creation,' in that first darkening of
+the hills from the recoiling feet of angels, and in that first silence
+of the voice of God." There certainly <i>was</i> room for lyrical emotion in
+these first steps into wilderness. All nature might most appropriately
+be supposed to break forth in melodious regrets around the footsteps of
+the wanderers: but we cannot think that Miss Barrett has done justice to
+nature's strains. Unless lyrical emotion be expressed in language as
+clear as a mountain rill, and as well defined as the rocks over which it
+runs, it is much better left unsung. The merit of all lyrical poetry
+consists in the clearness and cleanness with which it is cut; no tags or
+loose ends can any where be permitted. But Miss Barrett's lyrical
+compositions are frequently so inarticulate, so slovenly, and so
+defective, both in rhythm and rhyme, that we are really surprised how a
+person of her powers could have written them, and how a person of any
+judgment could have published them. Take a specimen, not by any means
+the worst, from the "Song of the morning star to Lucifer:"&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Mine orbed image sinks<br /></span>
+<span class="i2">Back from thee, back from thee,<br /></span>
+<span class="i0">As thou art fallen, methinks,<br /></span>
+<span class="i2">Back from me, back from me.<br /></span>
+<span class="i4">O my light-bearer,<br /></span>
+<span class="i4">Could another fairer<br /></span>
+<span class="i2">Lack to thee, lack to thee?<br /></span>
+<span class="i4">Ai, ai, Heosphoros!<br /></span>
+<span class="i0">I loved thee, with the fiery love of stars.<br /></span>
+<span class="i0">Who love by burning, and by loving move,<br /></span>
+<span class="i0">Too near the throned Jehovah, not to love.<br /></span>
+<span class="i4">Ai, ai, Heosphoros!<br /></span>
+<span class="i0">Their brows flash fast on me from gliding cars,<br /></span>
+<span class="i4">Pale-passion'd for my loss.<br /></span>
+<span class="i4">Ai, ai, Heosphoros!<br /></span>
+</div><div class="stanza">
+<span class="i0">"Mine orbed heats drop cold<br /></span>
+<span class="i2">Down from thee, down from thee,<br /></span>
+<span class="i0">As fell thy grace of old<br /></span>
+<span class="i2">Down from me, down from me.<br /></span>
+<span class="i4">O my light-bearer,<br /></span>
+<span class="i4">Is another fairer<br /></span>
+<span class="i2">Won to thee, won to thee?<br /></span>
+<span class="i4">Ai, ai, Heosphoros,<br /></span>
+<span class="i4">Great love preceded loss,<br /></span>
+<span class="i2">Known to thee, known to thee.<br /></span>
+<span class="i4">Ai, ai!<br /></span>
+<span class="i0">Thou, breathing they communicable grace<br /></span>
+<span class="i2">Of life into my light<br /></span>
+<span class="i0">Mine astral faces, from thine angel face,<br /></span>
+<span class="i2">Hast inly fed,<br /></span>
+<span class="i0">And flooded me with radiance overmuch<br /></span>
+<span class="i2">From thy pure height.<br /></span>
+<span class="i4">Ai, ai!<br /></span>
+<span class="i0">Thou, with calm, floating pinions both ways spread,<br /></span>
+<span class="i4">Erect, irradiated,<br /></span>
+<span class="i4">Didst sting my wheel of glory<br /></span>
+<span class="i4">On, on before thee,<br /></span>
+<span class="i0">Along the Godlight, by a quickening touch!<br /></span>
+<span class="i4">Ha, ha!<br /></span>
+<span class="i0">Around, around the firmamental ocean,<br /></span>
+<span class="i0">I swam expanding with delirious fire!<br /></span>
+<span class="i0">Around, around, around, in blind desire<br /></span>
+<span class="i0">To be drawn upward to the Infinite&mdash;<br /></span>
+<span class="i4">Ha, ha!"<br /></span>
+</div></div>
+
+<p>But enough of <i>Ai ai Heosphoros</i>. It may be very right for ladies to
+learn Greek&mdash;not, however, if it is to lead them to introduce such
+expressions as this into the language of English poetry.</p>
+
+<p>Nor do we think that Miss Barrett's lyrical style improves when she
+descends to themes of more human and proximate interest, and makes the
+"earth-spirits" and the "flower-spirits" pour their lamentations into
+the ears of the exiled pair. The following is the conclusion of the
+<i>l&aacute;yment</i> (as Miss Barrett pronounces the word <i>lament</i>) of the
+"flower-spirits:"&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i3">"We pluck at your raiment,<br /></span>
+<span class="i6">We stroke down your hair,<br /></span>
+<span class="i4">We faint in our <i>l&aacute;ment</i>,<br /></span>
+<span class="i6">And pine into air.<br /></span>
+<span class="i4">Fare-ye-well&mdash;farewell!<br /></span>
+<span class="i0">The Eden scents, no longer sensible,<br /></span>
+<span class="i4">Expire at Eden's door!<br /></span>
+<span class="i4">Each footstep of your treading<br /></span>
+<span class="i0">Treads out some fragrance which ye knew before:<br /></span>
+<span class="i4">Farewell! the flowers of Eden<br /></span>
+<span class="i4">Ye shall smell never more."<br /></span>
+</div></div>
+
+<p>Would not Miss Barrett's hair have stood on end if Virgil had written
+"Arma virumque <i>canto</i>?" Yet surely that false quantity would have been
+not more repugnant to the genius of Latin verse than her transposition
+of<span class='pagenum'><a name="Page_633" id="Page_633">[Pg 633]</a></span> accent in the word <i>lam&eacute;nt</i> is at variance with the plainest
+proprieties of the English tongue.</p>
+
+<p>The "earth-spirits" deliver themselves thus:&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0"><i>Earth Spirits.</i><br /></span>
+<span class="i4">"And we scorn you! there's no pardon<br /></span>
+<span class="i6">Which can lean to you aright!<br /></span>
+<span class="i4">When your bodies take the guerdon<br /></span>
+<span class="i6">Of the death-curse in our sight,<br /></span>
+<span class="i2">Then the bee that hummeth lowest shall transcend you.<br /></span>
+<span class="i4">Then ye shall not move an eyelid<br /></span>
+<span class="i6">Though the stars look down your eyes;<br /></span>
+<span class="i4">And the earth, which ye defiled,<br /></span>
+<span class="i6">She shall show you to the skies,&mdash;<br /></span>
+<span class="i2">Lo! these kings of ours&mdash;who sought to comprehend you.'<br /></span>
+</div><div class="stanza">
+<span class="i0"><i>First Spirit.</i><br /></span>
+<span class="i4">And the elements shall boldly<br /></span>
+<span class="i6">All your dust to dust constrain;<br /></span>
+<span class="i4">Unresistedly and coldly,<br /></span>
+<span class="i6">I will smite you with my rain!<br /></span>
+<span class="i2">From the slowest of my frosts is no receding.<br /></span>
+</div><div class="stanza">
+<span class="i0"><i>Second Spirit.</i><br /></span>
+<span class="i4">And my little worm, appointed<br /></span>
+<span class="i6">To assume a royal part,<br /></span>
+<span class="i4">He shall reign, crown'd and anointed,<br /></span>
+<span class="i6">O'er the noble human heart!<br /></span>
+<span class="i2">Give him counsel against losing of that Eden!"<br /></span>
+</div></div>
+
+<p>In one of the lyrical effusions, man is informed that when he goes to
+heaven&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i2">"Then a <i>sough of glory</i><br /></span>
+<span class="i2">Shall your entrance greet,<br /></span>
+<span class="i0">Ruffling round the doorway<br /></span>
+<span class="i2">The smooth radiance it shall meet."<br /></span>
+</div></div>
+
+<p>We wonder what meaning Miss Barrett attaches to the word <i>sough</i>! It is
+a term expressive of the dreary sighing of autumnal winds, or any sound
+still more disconsolate and dreary; and therefore, to talk of a "sough
+of glory," is to talk neither more nor less than absolute nonsense.</p>
+
+<p>What can be more unlyrical than this verse?</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Live, work on, oh, Earthy!<br /></span>
+<span class="i2">By the Actual's tension<br /></span>
+<span class="i0">Sped the arrow worthy<br /></span>
+<span class="i2">Of a pure ascension."<br /></span>
+</div></div>
+
+<p>We have said that the lyrical effusions interspersed throughout the
+"Drama of Exile," are very slovenly and defective in point of rhyme.
+What can be worse than "Godhead" and "wooded," "treading" and "Eden,"
+"glories" and "floorwise," "calmly" and "palm-tree," "atoms" and
+"fathoms," "accompted" and "trumpet," and a hundred others? What can be
+worse, do we ask? We answer that there is one species of rhyme which
+Miss Barrett is sometimes, though, we are happy to say, very rarely,
+guilty of, which is infinitely more reprehensible than any of these
+inaccuracies. We allude to the practice of affixing an <i>r</i> to the end of
+certain words, in order to make them rhyme with other words which
+terminate in that letter. Writers who are guilty of this atrocity are
+not merely to be condemned as bad rhymesters: they are to be blamed on
+the far more serious ground that they give the sanction and authority of
+print to one of the vilest vulgarisms which pollutes the oral language
+of certain provincial societies. What makes the practice so offensive in
+literary composition is the fact, that the barbarism is one which may
+sometimes be actually heard falling from living lips. But for this, it
+would be pardonable. We verily believe that Miss Barrett herself does
+not talk of "Laura<i>r</i>" and "Matilda<i>r</i>;" we verily believe that she
+would consider any one who does so no fit associate for herself in point
+of manners or education:&mdash;yet she scruples not to make "Aceldama"(r)
+rhyme to "tamer," and "Onora"(r) rhyme to "o'er her." When we think of
+these things,<span class='pagenum'><a name="Page_634" id="Page_634">[Pg 634]</a></span> we turn to the following "stage-direction" with which her
+"Drama of Exile" concludes&mdash;"There is a sound through the silence <i>as of
+the falling tears of an angel</i>." That angel must have been a distressed
+critic like ourselves.</p>
+
+<p>Next to the "Drama of Exile," the longest poem in the collection is the
+composition entitled "A Vision of Poets." This poem is designed, says
+our authoress, "to indicate the necessary relations of genius to
+suffering and self-sacrifice." It is stamped throughout with the
+thoughtful earnestness of Miss Barrett's character, and is, on the
+whole, a very impressive performance. But it would have been more
+impressive still if it had been composed after less vicious models, or
+if Miss Barrett had trusted more to a style prompted by her own native
+powers, and less to the fantastical modes of phraseology which have been
+introduced into literature by certain inferior artists of this and the
+preceding generation. We cannot read it, however, without appreciating
+the fervour which stirs the soul of the authoress through all its
+depths, when she declares and upholds the sacred mission of the poet,
+and teaches him that he must embrace his destiny with gratitude and
+pride, even though the crown which encircles his living brows be one in
+which the thorns far out-number the laurel leaves. We shall grace our
+pages with a series of portraits, in which Miss Barrett sketches off
+first the true poets and then the pretenders. They certainly contain
+some good points, although many of her touches must be pronounced
+unsuccessful. Let Homer lead the van:&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Here, Homer, with the broad suspense<br /></span>
+<span class="i0">Of thunderous brows, and lips intense<br /></span>
+<span class="i0">Of garrulous god-innocence.<br /></span>
+</div><div class="stanza">
+<span class="i0">"There, Shakspeare! on whose forehead climb<br /></span>
+<span class="i0">The crowns o' the world! Oh, eyes sublime&mdash;<br /></span>
+<span class="i0">With tears and laughters for all time!<br /></span>
+</div><div class="stanza">
+<span class="i0">"Here, &AElig;schylus&mdash;the women swoon'd<br /></span>
+<span class="i0"><i>To see so awful</i> when he frown'd<br /></span>
+<span class="i0">As the gods did&mdash;he standeth crown'd.<br /></span>
+</div><div class="stanza">
+<span class="i0">"Euripides, with close and mild<br /></span>
+<span class="i0">Scholastic lips&mdash;that could be wild,<br /></span>
+<span class="i0">And laugh or sob out like a child<br /></span>
+</div><div class="stanza">
+<span class="i0">"<i>Right in the classes.</i> Sophocles,<br /></span>
+<span class="i0">With that king's look which down the trees,<br /></span>
+<span class="i0">Follow'd the dark effigies<br /></span>
+</div><div class="stanza">
+<span class="i0">"Of the lost Theban! Hesiod old,<br /></span>
+<span class="i0">Who somewhat blind, and deaf, and cold,<br /></span>
+<span class="i0">Cared most for gods and bulls! and bold<br /></span>
+</div><div class="stanza">
+<span class="i0">"Electric Pindar, quick as fear,<br /></span>
+<span class="i0">With race-dust on his checks, and clear,<br /></span>
+<span class="i0">Slant startled eyes that seem to hear<br /></span>
+</div><div class="stanza">
+<span class="i0">"The chariot rounding the last goal,<br /></span>
+<span class="i0">To hurtle past it in his soul!<br /></span>
+<span class="i0">And Sappho crown'd with aureole<br /></span>
+</div><div class="stanza">
+<span class="i0">"Of ebon curls on calmed brows&mdash;<br /></span>
+<span class="i0">O poet-woman! none forgoes<br /></span>
+<span class="i0">The leap, attaining the repose!<br /></span>
+</div><div class="stanza">
+<span class="i0">"Theocritus, with glittering locks,<br /></span>
+<span class="i0">Dropt sideway, as betwixt the rocks<br /></span>
+<span class="i0">He watch'd the visionary flocks!<br /></span>
+</div><div class="stanza">
+<span class="i0">"And Aristophanes! who took<br /></span>
+<span class="i0">The world with mirth, and laughter-struck<br /></span>
+<span class="i0">The hollow caves of Thought, and woke<br /></span>
+</div><div class="stanza">
+<span class="i0">"The infinite echoes hid in each.<br /></span>
+<span class="i0">And Virgil! shade of Mantuan beech<br /></span>
+<span class="i0">Did help the shade of bay to reach<br /></span>
+</div><div class="stanza">
+<span class="i0">"And knit around his forehead high!&mdash;<br /></span>
+<span class="i0">For his gods wore less majesty<br /></span>
+<span class="i0">Than his brown bees humm'd deathlessly.<br /></span>
+</div><div class="stanza">
+<span class="i0">"Lucretius&mdash;nobler than his mood!<br /></span>
+<span class="i0">Who dropp'd his plummet down the broad<br /></span>
+<span class="i0">Deep universe, and said 'No God,'<br /></span>
+</div><div class="stanza">
+<span class="i0">"Finding no bottom. He denied<br /></span>
+<span class="i0">Divinely the divine, and died<br /></span>
+<span class="i0">Chief poet on the Tiber-side,<br /></span>
+</div><div class="stanza">
+<span class="i0">"By grace of God. His face is stern,<br /></span>
+<span class="i0">As one compell'd, in spite of scorn,<br /></span>
+<span class="i0">To teach a truth he could not learn.<br /></span>
+</div><div class="stanza">
+<span class="i0">"And Ossian, dimly seen or guess'd!<br /></span>
+<span class="i0">Once counted greater than the rest,<br /></span>
+<span class="i0">When mountain-winds blew out his vest.<span class='pagenum'><a name="Page_635" id="Page_635">[Pg 635]</a></span><br /></span>
+</div><div class="stanza">
+<span class="i0">"And Spenser droop'd his dreaming head<br /></span>
+<span class="i0">(With languid sleep-smile you had said<br /></span>
+<span class="i0">From his own verse engendered)<br /></span>
+</div><div class="stanza">
+<span class="i0">"On Ariosto's, till they ran<br /></span>
+<span class="i0">Their locks in one!&mdash;The Italian<br /></span>
+<span class="i0">Shot nimbler heat of bolder man<br /></span>
+</div><div class="stanza">
+<span class="i0">"From his fine lids. And Dante stern<br /></span>
+<span class="i0">And sweet, whose spirit was an urn<br /></span>
+<span class="i0">For wine and milk pour'd out in turn.<br /></span>
+</div><div class="stanza">
+<span class="i0">"And Goethe&mdash;with that reaching eye<br /></span>
+<span class="i0">His soul reach'd out from far and high,<br /></span>
+<span class="i0"><i>And fell from inner entity</i>.<br /></span>
+</div><div class="stanza">
+<span class="i0">"And Schiller, with heroic front<br /></span>
+<span class="i0">Worthy of Plutarch's kiss upon't&mdash;<br /></span>
+<span class="i0">Too large for wreath of modern wont.<br /></span>
+</div><div class="stanza">
+<span class="i0">"Here Milton's eyes strike piercing-dim!<br /></span>
+<span class="i0">The shapes of suns and stars did swim<br /></span>
+<span class="i0">Like clouds on them, and granted him<br /></span>
+</div><div class="stanza">
+<span class="i0">"God for sole vision! Cowley, there,<br /></span>
+<span class="i0">Whose active fancy debonaire<br /></span>
+<span class="i0">Drew straws like amber&mdash;foul to fair.<br /></span>
+</div><div class="stanza">
+<span class="i0">"And Burns, with pungent passionings<br /></span>
+<span class="i0">Set in his eyes. Deep lyric springs<br /></span>
+<span class="i0">Are of the fire-mount's issuings.<br /></span>
+</div><div class="stanza">
+<span class="i0">"And poor, proud Byron&mdash;sad as grave<br /></span>
+<span class="i0">And salt as life! forlornly brave,<br /></span>
+<span class="i0">And quivering with the dart he drave.<br /></span>
+</div><div class="stanza">
+<span class="i0">"And visionary Coleridge, who<br /></span>
+<span class="i0">Did sweep his thoughts as angels do<br /></span>
+<span class="i0">Their wings, with cadence up the Blue."<br /></span>
+</div></div>
+
+<p>"Homer" we are not sure about; we can only hope that there may be people
+whom the picture will please. "Shakspeare" is good. "&AElig;schylus" (Miss
+Barrett's favourite, too,) is treated very scurvily and very
+ungrammatically. What on earth are we to make of the words "the women
+swooned to see so awful" &amp;c.? It is well known that no pregnant woman
+could look &AElig;schylus in the face when the fit of inspiration was on him,
+without having cause to regret her indiscretion. But though delicacy
+might have dictated that this fact should be only barely hinted at,
+surely grammar need not have miscarried in the statement. The syntax of
+the passage will puzzle future commentators as much as some of his own
+corrupt choruses. "Euripides" promises well; but the expression, "Right
+in the classes," throws our intellect completely on its beam-ends; and
+as we cannot right it again, in order to take a second glance at the
+poet of Medea, we must pass on to the next. "Sophocles" will be
+acceptable to scholars. "Hesiod" is excellent. "Cared most for <i>gods and
+bulls</i>" is worth any money. "Pindar" and "Sappho" are but so so. The
+picture of "Theocritus" is very beautiful. There is nothing particularly
+felicitous in the sketch of "Aristophanes." How much more graphic is
+what Milton, in one of his prose works, says with respect to the "holy
+Chrysostom's" study of the same. Chrysostom, it seems, was a great
+student of Aristophanes. Some people might have been, and no doubt were,
+scandalized to think that so pious a father of the church should have
+made a bosom companion of so profane and virulent a wit: but says
+Milton, the holy father was quite right in poring over Aristophanes, for
+"<i>he had the art to cleanse a scurrilous vehemence into the style of a
+rousing sermon</i>." Put that into verse and it would ring well. We thank
+Miss Barrett for the graphic touch of Virgil's "brown bees," which
+certainly <i>are</i> better than his gods. "Lucretius" is very finely
+painted. "Ossian" looms large through the mist, but walk up to him, and
+the pyramid is but a cairn. "Spenser" and "Ariosto," with their locks
+blended in one, compose a very sweet picture. "Dante" we will not answer
+for. "Goethe" is a perfect enigma. What does the word "fell" mean?
+&#948;&#949;&#953;&#957;&#959;&#962;, we suppose&mdash;that is, "not to be trifled with." But
+surely it sounds very strange, although it may be true enough, to say
+that this "fellness" is occasioned by "inner entity." But perhaps the
+line has some deeper meaning, which we are unable to fathom. We have
+seen a better picture than that of Goethe in the hour of inspiration,
+when his forehead was like a precipice dim with drifting sleet.
+"Schiller" is well drawn; evidently from Thorwaldsen's gigantic statue
+of the poet. Miss Barrett paints "Milton" in his blindness as seeing all
+things in God. But Mallebranche<span class='pagenum'><a name="Page_636" id="Page_636">[Pg 636]</a></span> had already taught that God is the
+"sole vision" of all of us; and therefore, if that theory be correct,
+she has failed to assign to the poet of the Fall any distinctive
+attribute which distinguishes him from other men. "Cowley" is well
+characterized. "Burns" ought to have been better. "Byron" pleases us.
+"Coleridge" has very considerable merit.</p>
+
+<p>As a contrast to the preceding sketches of the true poets, (many of
+which, however, we have omitted, and we may also remark, in parenthesis,
+that none of our living poets are meddled with,) we now pass before the
+eyes of the reader a panorama of <i>pretenders</i>. We shall make no remarks
+on the expression of their features, leaving Miss Barrett to brand them
+as they deserve with her just scorn and indignation&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"One dull'd his eyeballs as they ached,<br /></span>
+<span class="i0">With Homer's forehead&mdash;though he lack'd<br /></span>
+<span class="i0">An inch of any! And one rack'd<br /></span>
+</div><div class="stanza">
+<span class="i0">"His lower lip with restless tooth&mdash;<br /></span>
+<span class="i0">As Pindar's rushing words forsooth<br /></span>
+<span class="i0">Were pent behind it. One, his smooth<br /></span>
+</div><div class="stanza">
+<span class="i0">"Pink cheeks, did rumple passionate,<br /></span>
+<span class="i0">Like &AElig;schylus&mdash;and tried to prate<br /></span>
+<span class="i0">On trolling tongue, of fate and fate!<br /></span>
+</div><div class="stanza">
+<span class="i0">"One set her eyes like Sappho's&mdash;or<br /></span>
+<span class="i0">Any light woman's! one forbore<br /></span>
+<span class="i0">Like Dante, or any man as poor<br /></span>
+</div><div class="stanza">
+<span class="i0">"In mirth, to let a smile undo<br /></span>
+<span class="i0">His hard shut lips. And one, that drew<br /></span>
+<span class="i0">Sour humours from his mother, blew<br /></span>
+</div><div class="stanza">
+<span class="i0">"His sunken cheeks out to the size<br /></span>
+<span class="i0">Of most unnatural jollities,<br /></span>
+<span class="i0">Because Anacreon looked jest-wise.<br /></span>
+</div><div class="stanza">
+<span class="i0">"So with the rest.&mdash;It was a sight<br /></span>
+<span class="i0">For great world-laughter, as it might<br /></span>
+<span class="i0">For great world-wrath, with equal right.<br /></span>
+</div><div class="stanza">
+<span class="i0">"Out came a speaker from that crowd,<br /></span>
+<span class="i0">To speak for all&mdash;in sleek and proud<br /></span>
+<span class="i0">Exordial periods, while he bow'd<br /></span>
+</div><div class="stanza">
+<span class="i0">"His knee before the angel.&mdash;'Thus,<br /></span>
+<span class="i0">O angel! who hast call'd for us,<br /></span>
+<span class="i0">We bring thee service emulous,&mdash;<br /></span>
+</div><div class="stanza">
+<span class="i0">"'Fit service from sufficient soul&mdash;<br /></span>
+<span class="i0">Hand-service, to receive world's dole&mdash;<br /></span>
+<span class="i0">Lip-service, in world's ear to roll<br /></span>
+</div><div class="stanza">
+<span class="i0">"'Adjusted concords&mdash;soft enow<br /></span>
+<span class="i0">To hear the winecups passing through,<br /></span>
+<span class="i0">And not too grave to spoil the show.<br /></span>
+</div><div class="stanza">
+<span class="i0">"'Thou, certes, when thou askest more,<br /></span>
+<span class="i0">O sapient angel! leanest o'er<br /></span>
+<span class="i0">The window-sill of metaphor.<br /></span>
+</div><div class="stanza">
+<span class="i0">"'To give our hearts up! fie!&mdash;That rage<br /></span>
+<span class="i0">Barbaric, antedates the age!<br /></span>
+<span class="i0">It is not done on any stage.<br /></span>
+</div><div class="stanza">
+<span class="i0">"'Because your scald or gleeman went<br /></span>
+<span class="i0">With seven or nine-string'd instrument<br /></span>
+<span class="i0">Upon his back&mdash;must ours be bent?<br /></span>
+</div><div class="stanza">
+<span class="i0">"'We are not pilgrims, by your leave,<br /></span>
+<span class="i0">No, nor yet martyrs! if we grieve,<br /></span>
+<span class="i0">It is to rhyme to ... summer eve.<br /></span>
+</div><div class="stanza">
+<span class="i0">"'And if we labour, it shall be<br /></span>
+<span class="i0">As suiteth best with our degree,<br /></span>
+<span class="i0">In after-dinner reverie.'<br /></span>
+</div><div class="stanza">
+<span class="i0">"More yet that speaker would have said&mdash;<br /></span>
+<span class="i0">Poising between his smiles fair-fed,<br /></span>
+<span class="i0">Each separate phrase till finished:<br /></span>
+</div><div class="stanza">
+<span class="i0">"But all the foreheads of those born<br /></span>
+<span class="i0">And dead true poets flash'd with scorn<br /></span>
+<span class="i0">Betwixt the bay leaves round them worn&mdash;<br /></span>
+</div><div class="stanza">
+<span class="i0">"Ay, jetted such brave fire, that they,<br /></span>
+<span class="i0">The new-come, shrank and paled away,<br /></span>
+<span class="i0">Like leaden ashes when the day<br /></span>
+</div><div class="stanza">
+<span class="i0">"Strikes on the hearth! A spirit-blast,<br /></span>
+<span class="i0">A presence known by power, at last<br /></span>
+<span class="i0">Took them up mutely&mdash;they had pass'd!"<br /></span>
+</div></div>
+
+<p>"Lady Geraldine's Courtship" is a poem of the Tennysonian school. Some
+pith is put forth in the passionate parts of the poem; but it is
+deficient throughout in that finished elegance of style which
+distinguishes the works of the great artist from whom it is imitated.
+Bertram, a peasant-born poet falls in love with the Lady Geraldine, a
+woman of high rank and very extensive possessions. He happens to
+overhear the lady address the following words to a suitor of the same
+rank with herself, and whose overtures she is declining<span class='pagenum'><a name="Page_637" id="Page_637">[Pg 637]</a></span>&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Yes, your lordship judges rightly. Whom I marry, shall be noble,<br /></span>
+<span class="i0">Ay, and wealthy. I shall never blush to think how he was born."<br /></span>
+</div></div>
+
+<p>Upon which, imagining that these words have some special and cutting
+reference to himself, he passes into the presence of the lady, and rates
+her in a strain of very fierce invective, which shows that his blood is
+really up, whatever may be thought of the taste which dictated his
+language, or of the title he had to take to task so severely a lady who
+had never given him any sort of encouragement. In a letter to a friend,
+he thus describes the way in which he went to work&mdash;the fourth line is a
+powerful one&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"Oh, she flutter'd like a tame bird, in among its forest-brothers,<br /></span>
+<span class="i0">Far too strong for it! then drooping, bow'd her face upon her hands&mdash;<br /></span>
+<span class="i0">And I spake out wildly, fiercely, brutal truths of her and others!<br /></span>
+<span class="i0"><i>I, she planted the desert, swathed her, windlike, with my sands.</i><br /></span>
+</div><div class="stanza">
+<span class="i0">"I pluck'd up her social fictions, bloody-rooted, though leaf verdant,&mdash;<br /></span>
+<span class="i0">Trod them down with words of shaming,&mdash;all the purples and the gold,<br /></span>
+<span class="i0">And the 'landed stakes' and Lordships&mdash;all that spirits pure and ardent<br /></span>
+<span class="i0">Are cast out of love and reverence, because chancing not to hold.<br /></span>
+</div><div class="stanza">
+<span class="i0">"'For myself I do not argue,' said I, 'though I love you, Madam,<br /></span>
+<span class="i0">But for better souls, that nearer to the height of yours have trod&mdash;<br /></span>
+<span class="i0">And this age shows, to my thinking, still more infidels to Adam,<br /></span>
+<span class="i0">Than directly, by profession, simple infidels to God.<br /></span>
+</div><div class="stanza">
+<span class="i0">"'Yet, O God' (I said,) 'O grave' (I said,) 'O mother's heart and bosom!<br /></span>
+<span class="i0">With whom first and last are equal, saint and corpse and little child!<br /></span>
+<span class="i0">We are fools to your deductions, in these figments of heart-closing!<br /></span>
+<span class="i0">We are traitors to your causes, in these sympathies defiled!<br /></span>
+</div><div class="stanza">
+<span class="i0">"'Learn more reverence, madam, not for rank or wealth&mdash;<i>that</i> needs no learning;<br /></span>
+<span class="i0"><i>That</i> comes quickly&mdash;quick as sin does! ay, and often works to sin;<br /></span>
+<span class="i0">But for Adam's seed, <span class="smcap">man</span>! Trust me, 'tis a clay above your scorning,<br /></span>
+<span class="i0">With God's image stamp'd upon it, and God's kindling breath within.<br /></span>
+</div><div class="stanza">
+<span class="i0">"'What right have you, Madam, gazing in your shining mirror daily,<br /></span>
+<span class="i0">Getting, so, by heart, your beauty, which all others must adore,&mdash;<br /></span>
+<span class="i0">While you draw the golden ringlets down your fingers, to vow gaily,...<br /></span>
+<span class="i0">You will wed no man that's only good to God,&mdash;and nothing more.'"<br /></span>
+</div></div>
+
+<p>In the second stanza, we cannot make out the construction of the words,
+"all that spirits pure and ardent are cast out of love and reverence."
+This vigorous tirade is continued throughout several stanzas. The poor
+lady merely utters the word "Bertram," and the lover is carried to bed
+in a fainting fit when his passion is expended. When he recovers he
+indites the aforesaid letter. After he has dispatched it, the lady
+enters his apartment: oh, blessed and gracious apparition! We quote the
+<i>d&eacute;nouement</i>, omitting one or two stanzas&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">Soh! how still the lady standeth! 'tis a dream&mdash;a dream of mercies!<br /></span>
+<span class="i0">'Twixt the purple lattice-curtains, how she standeth still and pale!<br /></span>
+<span class="i0">'Tis a vision, sure, of mercies, sent to soften his self-curses&mdash;<br /></span>
+<span class="i0">Sent to <i>sweep</i> a patient quiet, o'er the tossing of his wail.<br /></span>
+</div><div class="stanza">
+<span class="i0">'Eyes,' he said, 'now throbbing through me! are ye eyes that did undo me?<br /></span>
+<span class="i0"><i>Shining eyes, like antique jewels set in Parian statue-stone!</i><br /></span>
+<span class="i0">Underneath that calm white forehead, are ye ever burning torrid,<br /></span>
+<span class="i0">O'er the desolate sand-desert of my heart and life undone?'<span class='pagenum'><a name="Page_638" id="Page_638">[Pg 638]</a></span><br /></span>
+</div><div class="stanza">
+<span class="i0">"Ever, evermore the while in a slow silence she kept smiling,&mdash;<br /></span>
+<span class="i0">And approach'd him slowly, slowly, in a gliding measured pace;<br /></span>
+<span class="i0">With her two white hands extended, as if praying one offended,<br /></span>
+<span class="i0">And a look of supplication, gazing earnest in his face.<br /></span>
+</div><div class="stanza">
+<span class="i0">"Said he&mdash;'Wake me by no gesture,&mdash;sound of breath, or stir of vesture;<br /></span>
+<span class="i0">Let the blessed apparition melt not yet <i>to its divine</i>!<br /></span>
+<span class="i0">No approaching&mdash;hush! no breathing! or my heart must swoon to death in<br /></span>
+<span class="i0">The too utter life thou bringest&mdash;O thou dream of Geraldine!'<br /></span>
+</div><div class="stanza">
+<span class="i0">"Ever, evermore the while in a slow silence she kept smiling&mdash;<br /></span>
+<span class="i0">But the tears ran over lightly from her eyes, and tenderly;<br /></span>
+<span class="i0">'Dost thou, Bertram, truly love me? Is no woman far above me,<br /></span>
+<span class="i0">Found more worthy of thy poet-heart, than such a one as <i>I</i>?'<br /></span>
+</div><div class="stanza">
+<span class="i0">"Said he&mdash;'I would dream so ever, like the flowing of that river,<br /></span>
+<span class="i0">Flowing ever in a shadow, greenly onward to the sea;<br /></span>
+<span class="i0">So, thou vision of all sweetness&mdash;princely to a full completeness,&mdash;<br /></span>
+<span class="i0">Would my heart and life flow onward&mdash;deathward&mdash;through this dream of <span class="smcap">THEE</span>!'<br /></span>
+</div><div class="stanza">
+<span class="i0">"Ever, evermore the while in a slow silence she kept smiling,&mdash;<br /></span>
+<span class="i0">While the shining tears ran faster down the blushing of her cheeks;<br /></span>
+<span class="i0">Then with both her hands enfolding both of his, she softly told him,<br /></span>
+<span class="i0">'Bertram, if I say I love thee,... 'tis the vision only speaks.'<br /></span>
+</div><div class="stanza">
+<span class="i0">"Soften'd, quicken'd to adore her, on his knee he fell before her&mdash;<br /></span>
+<span class="i0">And she whisper'd low in triumph&mdash;'It shall be as I have sworn!<br /></span>
+<span class="i0">Very rich he is in virtues,&mdash;very noble&mdash;noble certes;<br /></span>
+<span class="i0">And I shall not blush in knowing, that men call him lowly born!"<br /></span>
+</div></div>
+
+<p>With the exception of the line, and the other expressions which we have
+printed in italics, we think that the whole tone of this <i>finale</i> is
+"beautiful exceedingly;" although, if we may express our private
+opinion, we should say that the lover, after his outrageous demeanour,
+was very unworthy of the good fortune that befell him. But, in spite of
+the propitious issue of the poem, we must be permitted (to quote one of
+Miss Barrett's lines in this very lay) to make our "critical deductions
+for the modern writers' fault." Will she, or any one else tell us the
+meaning of the second line in this stanza? Or, will she maintain that it
+has any meaning at all? Lady Geraldine's possessions are described&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"She has halls and she has castles, and the resonant steam-eagles<br /></span>
+<span class="i0"><i>Follow far on the directing of her floating dove-like hand</i>&mdash;<br /></span>
+<span class="i0">With a thund'rous vapour trailing, underneath the starry vigils,<br /></span>
+<span class="i0">So to mark upon the blasted heaven, the measure of her land."<br /></span>
+</div></div>
+
+<p>We thought that steam-coaches generally followed the directing of no
+hand except the "stoker's;" but <i>it</i> certainly is always much liker a
+raven than a dove. "Eagles and vigils" is not admissible as a rhyme;
+neither is "branch and grange." Miss Barrett says of the Lady Geraldine
+that she had "such a gracious coldness" that her lovers "could not
+<i>press their futures</i> on the present of her courtesy." Is that human
+speech? One other objection and our carpings shall be dumb. Miss
+Barrett, in our opinion, has selected a very bad, dislocated, and
+unmelodious metre for the story of Lady Geraldine's courtship. The poem
+reads very awkwardly in consequence of the rhymes falling together in
+the alternate lines and not in couplets. Will Miss Barrett have the
+goodness to favour the public with the sequel of this poem? We should
+like to know how the match between the peasant's son and the peer's
+daughter was found to answer.<span class='pagenum'><a name="Page_639" id="Page_639">[Pg 639]</a></span></p>
+
+<p>Those among our readers who may have attended principally to the
+selections which we made from these volumes before we animadverted on
+the "Drama of Exile," may perhaps be of opinion that we have treated
+Miss Barrett with undue severity, and have not done justice to the
+vigour and rare originality of her powers; while others, who may have
+attended chiefly to the blemishes of style and execution which we have
+thought it our duty to point out in our later quotations, may possibly
+think that we have ranked her higher than she deserves. We trust that
+those who have carefully perused both the favourable and unfavourable
+extracts, will give us credit for having steered a middle course,
+without either running ourselves aground on the shoals of detraction, or
+oversetting the ship by carrying too much sail in favour of our
+authoress. And although they may have seen that our hand was sometimes
+unsteady at the helm, we trust that it has always been when we felt
+apprehensive that the current of criticism was bearing us too strongly
+towards the former of these perils. If any of our remarks have been over
+harsh, we most gladly qualify them by saying, that, in our humble
+opinion, Miss Barrett's poetical merits infinitely outweigh her defects.
+Her genius is profound, unsullied, and without a flaw. The imperfections
+of her manner are mere superficial blot which a little labour might
+remove. Were the blemishes of her style tenfold more numerous than they
+are, we should still revere this poetess as one of the noblest of her
+sex; for her works have impressed us with the conviction, that powers
+such as she possesses are not merely the gifts or accomplishments of a
+highly intellectual woman; but that they are closely intertwined with
+all that is purest and loveliest in goodness and in truth.</p>
+
+<p>It is plain that Miss Barrett would always write well if she wrote
+simply from her own heart, and without thinking of the compositions of
+any other author&mdash;at least let her think of them only in so far as she
+is sure that they embody great thoughts in pure and appropriate
+language, and in forms of construction which will endure the most rigid
+scrutiny of common sense and unperverted taste. If she will but wash her
+hands completely of &AElig;schylus and Milton, and all other poets, either
+great, or whom she takes for such, and come before the public in the
+graces of her own feminine sensibilities, and in the strength of her own
+profound perceptions, her sway over human hearts will be more
+irresistible than ever, and she will have nothing to fear from a
+comparison with the most gifted and illustrious of her sex.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_31_31" id="Footnote_31_31"></a><a href="#FNanchor_31_31"><span class="label">[31]</span></a> London. Moxon. 1844.</p></div>
+
+<div class="footnote"><p><a name="Footnote_32_32" id="Footnote_32_32"></a><a href="#FNanchor_32_32"><span class="label">[32]</span></a> "<i>With accents undefiled</i>;" this is surely a very strange
+and unaccountable interpolation. How was it possible, or conceivable,
+that any accents could be <i>defiled</i>, which conveyed the holiest and most
+pathetic injunction that ever came from the lips of a dying mother?</p></div>
+</div>
+
+
+<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_640" id="Page_640">[Pg 640]</a></span></p>
+<h2>UP STREAM; OR, STEAM-BOAT REMINISCENCES.</h2>
+
+
+<p>I had come to New Orleans to be married, and the knot once tied, there
+was little inducement for my wife, myself, or any of our party, to
+remain in that city. Indeed, had we been disposed to linger, an account
+that was given us of the most unwelcome of all visitors, the yellow
+fever, having knocked at the doors of several houses in the Marigny
+suburb, would have been sufficient to drive us away. For my part, I was
+anxious to find myself in my now comfortable home, and to show my new
+acquisition&mdash;namely, my wife&mdash;to my friends above B&acirc;ton Rouge, well
+assured that the opinion of all would be in favour of the choice I had
+made. By some eccentric working of that curious machinery called the
+mind, I was more thoughtful than a man is usually supposed to be upon
+his wedding-day; and I received the congratulations of the guests, went
+through the <i>obligato</i> breakfast, and the preparations for departure, in
+a very automatical manner. I took scarcely more note of the nine shots
+that were fired as we went on board the steamer, of the hurrahs shouted
+after us from the quay by a few dozen sailors, or the waving of the
+star-spangled banners that fluttered over the poop and forecastle&mdash;of
+all the honour and glory, in short, attending our departure. I was busy
+drawing a comparison between my first and this, my last, voyage to the
+Red River.</p>
+
+<p>It was just nine years and two months since I had first come into
+possession of my "freehold of these United States," as the papers
+specified it. Five thousand dollars had procured me the honour of
+becoming a Louisianian planter; upon the occurrence of which event, I
+was greeted by my friends and acquaintances as the luckiest of men.
+There were two thousand acres, "with due allowance for fences and
+roads," according to the usual formula; and the wood alone, if I might
+believe what was told me, was well worth twenty thousand dollars. For
+the preceding six months, the whole of the western press had been
+praising the Red River territory to the very skies; it was an
+incomparable sugar and cotton ground, full sixteen feet deep of river
+slime&mdash;Egypt was a sandy desert compared to it&mdash;and as to the climate,
+the zephyrs that disported themselves there were only to be paralleled
+in Eldorado and Arcadia. I, like a ninny as I was, although fully aware
+of the puffing propensities of our newspaper editors, especially when
+their tongues, or rather pens, have been oiled by a few handfuls of
+dollars, fell into the trap, and purchased land in the fever-hole in
+question, where I was assured that a habitable house and two negro huts
+were already built and awaiting me. The improvements alone, the
+land-speculator was ready to take his oath, were worth every cent of two
+thousand dollars. In short, I concluded my blind bargain, and in the
+month of June, prepared to start to visit my estate. I was at New
+Orleans, which city was just then held fast in the gripe of its annual
+scourge and visitor, the yellow fever. I was in a manner left alone; all
+my friends had gone up or down stream, or across the Pont Chartrain.
+There was nothing to be seen in the whole place but meagre hollow-eyed
+negresses, shirtless and masterless, running about the streets, howling
+like jackals, or crawling in and out of the open doors of the houses. In
+the upper suburb things were at the worst; there, whole streets were
+deserted, the houses empty, the doors and windows knocked in; while the
+foul fever-laden breeze came sighing over from Vera Cruz, and nothing
+was to be heard but the melancholy rattle of the corpse-carts as they
+proceeded slowly through the streets with their load of coffins. It was
+high time to be off, when the yellow fever, the deadly <i>vomito</i>, had
+thus made its triumphant entry, and was ruling and ravaging like some
+mighty man of war in a stormed fortress.</p>
+
+<p>I had four negroes with me, including old Sybille, who was at that time
+full sixty-five years of age; C&aelig;sar, Tiberius, and Vitellius, were the
+three others. We are fond of giving our horses and negroes these high
+sounding appellations, as a sort of warning, I am inclined to think, to
+those amongst us who sit in high places; for even in<span class='pagenum'><a name="Page_641" id="Page_641">[Pg 641]</a></span> our young republic
+there is no lack of would-be C&aelig;sars.</p>
+
+<p>The steamers had left off running below B&acirc;ton Rouge, so I resolved to
+leave my gig at New Orleans, procuring in its stead a sort of dearborn
+or railed cart, in which I packed the whole of my traps, consisting of a
+medley of blankets and axes, barrows and ploughshares, cotton shirts and
+cooking utensils. Upon the top of all this I perched myself; and those
+who had known me only three or four months previously as the gay and
+fashionable Mr Howard, one of the leaders of the <i>ton</i>, the deviser and
+proposer of f&ecirc;tes, balls, and gaieties of all kinds, might well have
+laughed, could they have seen me half buried amongst pots and pans,
+bottles and bundles, spades and mattocks, and suchlike useful but homely
+instruments. There was nobody there to laugh, however, or to cry either.
+Tears were then scarce articles in New Orleans; for people had got
+accustomed to death, and their feelings were more or less blunted. But
+even had the yellow fever not been there, I doubt if any one would have
+laughed at me; there is too much sound sense amongst us. Our town
+beauties&mdash;ay, the most fashionable and elegant of them&mdash;think nothing of
+installing themselves, with their newly wedded husbands, in the
+aforesaid dearborns, and moving off to the far west, leaving behind them
+all the comforts and luxuries among which they have been brought up.
+Whoever travels in our backwoods, will often come across scenes and
+interiors such as the boldest romance writer would never dare to invent.
+Newly married couples, whose childhood and early youth have been spent
+in the enjoyment of all the superfluities of civilization, will buy a
+piece of good land far in the depths of forests and prairies, and found
+a new existence for themselves and their children. One meets with their
+dwellings in abundance&mdash;log-houses, consisting for the most part of one
+room and a small kitchen: on the walls of the former the horses' saddles
+and harness, and the husband's working clothes, manufactured often by
+the delicate hands of his lady; in one corner, a harp or a piano; on the
+table, perhaps, a few numbers of the North American or Southern reviews,
+and some Washington or New York papers. A strange mixture of wild and
+civilized life. It is thus that our Johnsons, our Livingstons, and
+Ranselaers, and hundreds, ay, thousands of families, our Jeffersons and
+Washingtons, commenced; and truly it is to be hoped, that the rising
+generation will not despise the custom of their forefathers, or reject
+this healthy means of renovating the blood and vigour of the community.</p>
+
+<p>To return to my own proceedings. I got upon my dearborn, in order to
+leave as soon as possible the pestilential atmosphere of New Orleans;
+and I had just established myself amongst my goods and chattels, when
+C&aelig;sar came running up in great exultation, with a new cloak which he had
+been so lucky as to find lying before the door of a deserted house in
+the suburb. I took hold of the infected garment with a pair of tongs,
+and pitched it as far as I was able from the cart, to the great dismay
+of C&aelig;sar, who could not understand why I should throw away a thing which
+he assured me was well worth twenty dollars. We set off, and soon got
+out of the town. Not a living creature was to be seen as far as the eye
+could reach along the straight road. On the right hand side, the suburb
+of the Annunciation was enclosed in wooden palisades, upon which
+enormous bills were posted, containing proclamations by the mayor of the
+town, and headed with the word "Infected," in letters that could be read
+half a mile off. These proclamations, however, were unnecessary. New
+Orleans looked more like a churchyard than a city; and we did not meet
+five persons during the whole of our drive along the new canal road.</p>
+
+<p>At the first plantation at which we halted, in order to give the horses
+a feed, gates and doors were all shut in our faces, and the hospitable
+owner of the house warned us to be off. As this warning was conveyed in
+the shape of a couple of rifle-barrels protruded through the jalousies,
+we did not think it advisable to neglect it. The reception was cheerless
+enough; but we came from New Orleans, and could expect no better one.
+C&aelig;sar, however, dauntless as his celebrated<span class='pagenum'><a name="Page_642" id="Page_642">[Pg 642]</a></span> namesake, jumped over a
+paling, and plucked an armful of Indian corn ears, which he gave to the
+horses; an earthen pan served to fetch them water from the Mississippi,
+and after a short pause we resumed our journey. Five times, I remember,
+we halted, and were received in the same humane and hospitable manner,
+until at last we reached the plantation of my friend Bankes. We had come
+fifty miles under a burning sun, and had passed more than fifty
+plantations, each with its commodious and elegant villa built upon it;
+but we had not yet seen a human face. Here, however, I hoped to find
+shelter and refreshment; but in that hope I was doomed to be
+disappointed.</p>
+
+<p>"From New Orleans?" enquired the voice of my friend through the
+jalousies of his verandah.</p>
+
+<p>"To be sure," answered I.</p>
+
+<p>"Then begone, friend, and be d&mdash;&mdash;d to you!" was the affectionate reply
+of the worthy Mr Bankes, who was, nevertheless, kind enough to cause a
+huge ham and accessories, together with half a dozen well-filled
+bottles, to be placed outside the door&mdash;a sort of mute intimation that
+he was happy to see us, so long as we did not cross his threshold. I had
+a hearty laugh at this half-and-half hospitality, eat and drank, wrapped
+myself in a blanket, and slept, with the blue vault for a covering, as
+well or better than the president.</p>
+
+<p>In the morning, before starting, I shouted out a "Thank ye! and be
+d&mdash;&mdash;d to you!" by way of <i>remerciment</i>; and then we resumed our march.</p>
+
+<p>At last, upon the third evening, we managed to get our heads under a
+roof at the town of B&acirc;ton Rouge, in the house of an old French soldier,
+who laughed at the yellow fever as he had formerly done at the Cossacks
+and Mamelukes; and the following morning we started for the Red River,
+in the steamboat Clayborne. By nightfall we reached my domain.</p>
+
+<p><i>Santa Virgen!</i> exclaims the Spaniard in his extremity of grief and
+perplexity: what I exclaimed, I am sure I do not remember; but I know
+that my hair stood on end, when I beheld, for the first time, the
+so-called improvements on my new property. The habitable and comfortable
+house was a species of pigsty, built out of the rough branches of trees,
+without doors, windows, or roof. There was I to dwell, and that in a
+season when the thermometer was ranging between ninety-five and a
+hundred degrees. The very badness of things, however, stimulated us to
+exertion; we set to work, and in two days had built a couple of very
+decent huts, the only inconvenience of which was, that when it rained
+hard, we were obliged to take refuge under a neighbouring cotton-tree.
+Fortunately, out of the two thousand acres, there really were fifty in a
+state of cultivation, and that helped us. I planted and kept house as
+well as I could: in the daytime I ploughed and sowed; and in the evening
+I mended the harness and the holes in my inexpressibles. With society I
+was little troubled, seeing that my nearest neighbour lived
+five-and-twenty miles off. The first summer passed in this manner; the
+second was a little better; and the third better still&mdash;until at last
+the way of life became endurable. There is nothing in the world
+impracticable; and Napoleon never spoke a truer word than when he said,
+"<i>Impossible!&mdash;C'est le mot d'un fou!</i>"</p>
+
+<p>And then a hunting-party in the savannahs of Louisiana or Arkansas!</p>
+
+<p>There is a something in those endless and gigantic wildernesses which
+seems to elevate the soul, and to give to it, as well as to the body, an
+increase of strength and energy. There reign, in countless multitudes,
+the wild horse and the bison; the wolf, the bear, and the snake; and,
+above all, the trapper, surpassing the very beasts of the desert in
+wildness&mdash;not the old trapper described by Cooper, who never saw a
+trapper in his life, but the real trapper, whose adventures and mode of
+existence would furnish the richest materials for scores of romances.</p>
+
+<p>Our American civilization has engendered certain corrupt off-shoots, of
+which the civilization of other countries knows nothing, and which could
+only spring up in a land where liberty is found in its greatest
+development. These trappers are for the most part outcasts, criminals
+who have fled from the chastisement of the law, or else<span class='pagenum'><a name="Page_643" id="Page_643">[Pg 643]</a></span> unruly spirits
+to whom even the rational degree of freedom enjoyed in the United States
+has appeared cramping and insufficient. It is perhaps fortunate for the
+States, that they possess the sort of fag-end to their territory
+comprised between the Mississippi and the Rocky Mountains; for much
+mischief might be caused by these violent and restless men, were they
+compelled to remain in the bosom of social life. If, for example, <i>la
+belle France</i> had had such a fag-end or outlet during the various crises
+that she has passed through in the course of the last fifty years, how
+many of her great warriors and equally great tyrants might have lived
+and died trappers! And truly, neither Europe nor mankind in general
+would have been much the worse off, if those instruments of the greatest
+despotism that ever disguised itself under the mask of freedom&mdash;the
+Massenas, and Murats, and Davousts, and scores more of suchlike laced
+and decorated gentry&mdash;had never been heard of.</p>
+
+<p>One finds these trappers or hunters in all the districts extending from
+the sources of the Columbia and Missouri, to those of the Arkansas and
+Red Rivers, and on the tributary streams of the Mississippi which run
+eastward from the Rocky Mountains. Their whole time is passed in the
+pursuit and destruction of the innumerable wild animals, which for
+hundreds and thousands of years have bred and multiplied in those remote
+steppes and plains. They slay the buffalo for the sake of his hump, and
+of the hide, out of which they make their clothing; the bear to have his
+skin for a bed; the wolf for their amusement; and the beaver for his
+fur. In exchange for the spoils of these animals they get lead and
+powder, flannel shirts and jackets, string for their nets, and whisky to
+keep out the cold. They traverse those endless wastes in bodies several
+hundreds strong, and have often desperate and bloody fights with the
+Indians. For the most part, however, they form themselves into parties
+of eight or ten men, a sort of wild guerillas. These must rather be
+called hunters than trappers; the genuine trapper limiting himself to
+the society of one sworn friend, with whom he remains out for at least a
+year, frequently longer; for it takes a considerable time to become
+acquainted with the haunts of the beaver. If one of the two comrades
+dies, the other remains in possession of the whole of their booty. The
+mode of life that is at first adopted from necessity, or through fear of
+the laws, is after a time adhered to from choice; and few of these men
+would exchange their wild, lawless, unlimited freedom, for the most
+advantageous position that could be offered them in a civilized country.
+They live the whole year through in the steppes, savannahs, prairies,
+and forests of the Arkansas, Missouri, and Oregon territories&mdash;districts
+which comprise enormous deserts of sand and rock, and, at the same time,
+the most luxuriant and beautiful plains, teeming with verdure and
+vegetation. Snow and frost, heat and cold, rain and storm, and hardships
+of all kinds, render the limbs of the trapper as hard, and his skin as
+thick, as those of the buffalo that he hunts; the constant necessity in
+which he finds himself of trusting entirely to his bodily strength and
+energy, creates a self-confidence that no peril can shake&mdash;a quickness
+of sight, thought, and action, of which man in a civilized state can
+form no conceptions. His hardships are often terrible; and I have seen
+trappers who had endured sufferings, compared to which the fabled
+adventures of Robinson Crusoe are mere child's play, and whose skin had
+converted itself into a sort of leather, impervious to every thing
+except lead and steel. In a moral point of view, these men may be
+considered a psychological curiosity: in the wild state of nature in
+which they live, their mental faculties frequently develop themselves in
+a most extraordinary manner; and in the conversation of some of them may
+be found proofs of a sagacity and largeness of views, of which the
+greatest philosophers of ancient or modern times would have no cause to
+be ashamed.</p>
+
+<p>The daily and hourly dangers incurred by these trappers must, one would
+think, occasionally cause them to turn their thoughts to a Supreme
+Being; but such is not the case. Their rifle is their god&mdash;their knife
+their patron saint&mdash;their strong right<span class='pagenum'><a name="Page_644" id="Page_644">[Pg 644]</a></span> hand their only trust. The
+trapper shuns his fellow-men; and the glance with which he measures the
+stranger whom he encounters on his path, is oftener that of a murderer
+than a friend: the love of gain is as strong with him as it is found to
+be in a civilized state of society, and the meeting of two trappers is
+generally the signal for the death of one of them. He hates his white
+competitor for the much-prized beaver skins far more than he does his
+Indian one: the latter he shoots down as coolly as if he were a wolf or
+a bear; but when he drives his knife into the breast of the former, it
+is with as much devilish joy as if he felt he were ridding mankind of as
+great an evil-doer as himself. The nourishment of the trapper,
+consisting for years together of buffalo's flesh&mdash;the strongest food
+that a man can eat&mdash;and taken without bread or any other accompaniment,
+doubtless contributes to render him wild and inhuman, and to assimilate
+him in a certain degree to the savage animals by which he is surrounded.</p>
+
+<p>During an excursion that I made with some companions towards the upper
+part of the Red River, we met with several of these trappers; amongst
+others, with one weather-beaten old fellow, whose face and bare neck
+were tanned by sun and exposure to the colour of tortoise-shell. We
+hunted two days in his company, without noticing any thing remarkable
+about the man; he cooked our meals, which consisted usually of a haunch
+of venison or a buffalo's hump, instructed us where to find game, and
+was aware of the approach of the latter even sooner than his huge
+wolf-dog, which never left his side. It was only on the morning of the
+third day, that we discovered something calculated to diminish our
+confidence in our new comrade. This was a number of lines and crosses
+upon the butt of his rifle, which gave us a new and not very favourable
+insight into the man's character. These lines and crosses came after
+certain words rudely scratched with a knife-point, and formed a sort of
+list, of which the following is a copy:&mdash;</p>
+
+<p>Buffaloes&mdash;no number given, they being probably too numerous.</p>
+
+<p>Bears, nineteen&mdash;the number being indicated by nineteen strait strokes.</p>
+
+<p>Wolves, thirteen&mdash;marked by oblique strokes.</p>
+
+<p>Red underloppers, four&mdash;marked by four crosses.</p>
+
+<p>White underloppers, two&mdash;noted by two stars.</p>
+
+<p>Whilst we were examining this curious calendar, and puzzling ourselves
+to make out the meaning of the word "underloppers," I observed a grim
+smile stealing over the features of the old trapper. He said nothing,
+however; drew the buffalo's hump he was cooking from under the hot
+embers, took it out of the piece of hide in which it was wrapped, and
+placed it before us. It was a meal that a king might have envied, and
+the mere smell of it made us forget the rifle butt. We had scarcely
+fallen to, when the old man laid hold of his gun.</p>
+
+<p>"Look ye," said he, with a strange grin. "It's my pocket-book. D'ye
+think it a sin to kill one of them red or white underloppers?"</p>
+
+<p>"Whom do you mean?" asked we.</p>
+
+<p>The man smiled again and rose to depart; his look, however, was alone
+enough to enlighten us as to who the two-legged interlopers were whom he
+had first shot, and then noted on his rifle-butt with as much cool
+indifference as if they had been wild turkeys instead of human beings.
+In a region to which the vengeful arm of the law does not reach, we did
+not feel ourselves called upon or entitled to set ourselves up as
+judges, and we let the man go.</p>
+
+<p>These trappers occasionally, and at long intervals, return for a few
+days or weeks to the haunts of civilization; and this occurs when they
+have collected a sufficient quantity of beaver skins. They then fell a
+hollow tree that stands on the shore of some navigable stream, make it
+water-tight, launch it, load it with their merchandise and their few
+necessaries, and float and row for thousands of miles down the Missouri,
+Arkansas, or Red River, to St Louis, Natchitoches, or Alexandria. They
+may be seen roaming and staring about the streets of these towns, clad
+in their coats of skins, and astonishing strangers by<span class='pagenum'><a name="Page_645" id="Page_645">[Pg 645]</a></span> their wild and
+primitive appearance.</p>
+
+<hr style='width: 45%;' />
+
+<p>I was sitting on a sofa in a corner of the ladies' cabin, with Louise by
+my side, and talking over with her these and other recollections of more
+or less interest. The tea hour was long past, and the cabins were
+lighted up. Suddenly we were interrupted in our conversation by a loud
+noise overhead.</p>
+
+<p>"A nigger killed!" sang out somebody upon deck.</p>
+
+<p>"A nigger killed!" repeated two, ten, twenty, and at length a hundred
+voices; and thereupon there was a running and trampling, and hurrying
+and scurrying, an agitation in our big floating inn as if the boilers
+were on the brink of bursting, and giving us a passage into eternity in
+the midst of their scalding contents. Louise started up, and dragging me
+with her, hurried breathless through the two saloons, to the stairs
+leading upon deck.</p>
+
+<p>"Who is killed? Where is the poor negro?"</p>
+
+<p>The answer I got was a horse-laugh from a score of backwoodsmen.</p>
+
+<p>"Much noise about nothing, dear Louise."</p>
+
+<p>And we were on the point of descending the stairs again, when we were
+detained, and our attention riveted, by the picturesque appearance of
+the deck&mdash;I should rather say of the persons grouped upon it&mdash;seen in
+the red, flickering, and uncertain light of sundry lamps, lanterns, and
+torches. Truly, the night-piece was not bad. In the centre of the
+steamer's deck, at an equal distance from stem and stern, stood a knot
+of fellows of such varied and characteristic appearance as might be
+sought for in vain in any other country than ours. It seemed as if all
+the western states and territories had sent their representatives to our
+steamer. Suckers from Illinois, and Badgers from the lead-mines of
+Missouri&mdash;Wolverines from Michigan, and Buckeyes from Ohio&mdash;Redhorses
+from old Kentuck, and Hunters from Oregon, stood mingled before us, clad
+in all sorts of fantastical and outlandish attire. One had a
+hunting-shirt of blue and white striped calico, which made its wearer's
+broad back and huge shoulders resemble a walking feather-bed; another
+was remarkable for a brilliant straw-hat&mdash;a New Orleans purchase, that
+looked about as well on his bronzed physiognomy as a Chinese roof would
+do on a pigsty. Wi&ntilde;ebago wampum belts and Cherokee mocassins, jerkins of
+tanned and untanned deer-hide, New York frock-coats, and red and blue
+jackets, composed some of the numerous costumes, of which the mixture
+and contrast were in the highest degree picturesque.</p>
+
+<p>In the middle of this group stood a personage of a very different
+stamp&mdash;a most interesting specimen of the genus Yankee, contrasting in a
+striking manner with the rough-hewn sons of Anuk who surrounded him. He
+was a man of some thirty years of age, as dry and tough as leather, of
+grave and pedantic mien, the skin of his forehead twisted into
+innumerable small wrinkles, his lips pressed firmly together, his bright
+reddish-grey eyes apparently fixed, but, in reality, perpetually
+shifting their restless glances from the men by whom he was surrounded,
+to some chests that lay upon the deck before him, and again from the
+chests to the men; his whole lean, bony, angular figure in a position
+that made it difficult to conjecture whether he was going to pray, or to
+sing, or to preach a sermon. In one hand he held a roll of pigtail
+tobacco, in the other some bright-coloured ribands, which he had taken
+from an open chest containing the manifold articles constituting the
+usual stock in trade of a pedlar. Beside this chest were two others, and
+beside those lay a negro, howling frightfully, and rubbing alternately
+his right shoulder and his left foot; but nevertheless, according to all
+appearance, by no means in danger of taking his departure for the other
+world. As the Yankee pedlar raised his hand and signed to the vociferous
+blackamoor to be silent, the face of the former gradually assumed that
+droll, cunning, and yet earnest expression which betrays those double
+distilled Hebrews, when they are planning to get possession, in a
+quasi-legal manner, of the dollars of their fellow-citizens; in a word,
+when they are man&oelig;uvering to exchange their worthless northern wares
+for the sterling coin of the south. Presently<span class='pagenum'><a name="Page_646" id="Page_646">[Pg 646]</a></span> his arms began to swing
+about like those of a telegraph; he threw a long and loving glance at
+the two unopened chests, which had apparently slipped down from the top
+of a quantity of merchandise piled upon deck, and fallen on the foot and
+shoulder of the negro; then measuring the latter with a look of
+reproach, he suddenly opened his compressed lips, from which a sharp,
+high-toned, schoolmasterlike voice issued.</p>
+
+<p>"Sambo, Sambo! What have you done? Sambo, Sambo!" he repeated, while his
+voice became more solemn, and he raised his hands and eyes as if
+appealing to heaven for justice. "Sambo, you onlucky nigger, what have
+you been a doin'?"</p>
+
+<p>"A 'sarve,' a wonderful 'sarve!'" screamed the man, pointing to the
+chests with an appearance of the profoundest grief.</p>
+
+<p>"Heaven forgive you, Sambo! but you have endangered, perhaps sp'iled, a
+'sarve,' compared to which all the 'intments and balms of Mecca, Medina,
+and Balsora&mdash;of Algiers, Tunis, and Tripoli, or whatever other places
+they may come from, air actilly no better than cart-grease. Ah, Sambo!
+if you were twenty times a nigger, and could be brought twenty times on
+the auction table, you wouldn't fetch enough money to pay for the harm
+you have done!"</p>
+
+<p>"Boe! Boe!" howled the negro by way of parenthesis.</p>
+
+<p>"Ah, Boe! Boe!" screamed the Yankee, "you may well say Boe, Boe! And you
+ain't the only one as may say it, that's sartain. There be ladies and
+gentlemen here, as respectable ladies and gentlemen as can be found any
+where&mdash;ay, even to Boston, the cradle of our independence&mdash;and they
+might say Boe! Boe! if they knew all. In them two chests are a hundred
+tin boxes and glass phials; and if only twenty of them are damaged,
+there is more injury done than your hide could pay for, if it were
+twenty times as thick and twenty times as vallyable as it is. Your whole
+carcass ain't worth one of the boxes of that precious 'intment. Ah,
+Sambo!"</p>
+
+<p>"Boe! Boe!" howled Sambo in reply.</p>
+
+<p>"What's the palaver about?" growled some of the Badgers and Buckeyes;
+"open the chests, and you'll see what harm's done."</p>
+
+<p>"D'ye ye hear, Sambo?" cried the Yankee with the same immovable
+countenance; "you're to hold yer tongue, the gentlemen say; they're
+tired of yer noise, and no wonder. What's the use of boohooin' away at
+that rate? Helps you nothin'; you desarve what you've got. I'll thank
+you for your long knife, Mister. That'll do. That opens it, cuts in like
+rael steel; better it should be into hard word than soft flesh. There
+they are, then, and not broken; onhurt, without a spot or a crack. Sing
+praises to the Lord! psalms and hymns of rejoicin'&mdash;not a phial broke,
+nor a box smashed! Praised be the Lord! I say ag'in. Since they are
+safe, it don't matter if twenty shoulder-blades and ankle-bones are put
+out. Verily the mercy of Heaven shall be made manifest, and that by the
+means of a feeble vessel, Jared Bundle by name. Down with ye,
+Sambo&mdash;down with ye, I say!&mdash;Your shoulder and your dingy hide shall be
+made whole, and your black bones shall be comforted!"</p>
+
+<p>Not a muscle of the Yankee's face moved; he preserved the grave and
+solemn appearance of a man to whom a sacred trust has been confided, and
+who is fully penetrated with the importance of his mission. Once or
+twice, however, I observed him give a keen but almost imperceptible
+glance around him, as if to observe the effect of his eloquence upon his
+auditors.</p>
+
+<p>"Down with you, Sambo!" he repeated to the negro, who had got himself
+into a sort of sitting posture upon the deck.</p>
+
+<p>"Down, down!" cried the men of Kentucky.</p>
+
+<p>"Down!" those of Missouri and Ohio.</p>
+
+<p>"Be quick about it!" shouted an Illinois sucker.</p>
+
+<p>"Let's see the Yankee's wonderful cure!" exclaimed a hunter from Oregon.</p>
+
+<p>And amidst shouts and exclamations and laughter, poor Sambo was seized
+by half a dozen of their bear's fists, and stretched out upon a heap of
+coffee-bags like a pig that's going to be killed.<span class='pagenum'><a name="Page_647" id="Page_647">[Pg 647]</a></span></p>
+
+<p>"Boe! Boe!" clamoured the negro at the top of his voice.</p>
+
+<p>"Boohoo as much as you like," cried the Yankee in a shrill tone, that
+was heard above all the howlings of the unlucky Sambo. "You'll sing to
+another tune when you see and understand and feel what a Conne'ticut man
+<i>can</i> do. You say Boe, Boe! like a poor benighted crittur as you are,
+but what do you say to that?" cried the pedlar in a triumphant voice, as
+he held close to the negro's nose a piece of linen rag on which he had
+smeared a green greasy substance bearing a strong resemblance to
+paste-blacking in a state of decomposition. Then, taking up the box
+which contained this precious compound, he put it in close proximity to
+the obtuse snout of the blackamoor, who made a grimace as if his
+olfactories were but moderately regaled by the odour emanating from the
+miraculous ointment.</p>
+
+<p>"What d'ye think of that, Sambo? Is that the stuff or not? Will that do,
+think ye? Well, you shall soon see. Gentlemen!" he continued, with all
+the gravity of a legitimate M.D. "Gentlemen! the arms and legs of this
+poor Sambo must be stretched as much as possible, in order that the
+sarve may take its full effect. Will you be good enough to assist me?"</p>
+
+<p>Upon the word, the backwoodsmen caught hold of the negro's limbs, and
+began pulling and tugging at them till the poor devil roared as if they
+had been impaling him.</p>
+
+<p>"Boohoo away!" cried the Yankee. "It's all for your good. If your
+shoulder is put out, the stretchin' will put it in ag'in."</p>
+
+<p>The negro continued his lamentations, as well he might, when every one
+of his joints was cracking under the force applied.</p>
+
+<p>"All no use your callin' out!" screamed the pedlar, as he stuck the
+salved rag upon the ebony hide of the patient. "Better hold yer tongue.
+Ain't you lucky to have met with me at a time when all the doctors in
+the world&mdash;the Browns, and Hossacks, and Sillimans&mdash;could not have done
+you a cent's worth of good? All their drugs would have had no more
+effect than a ladleful of pea-soup. You ought to be rejoicin' in yer
+luck, instead of screamin' like a wounded catamount. Keep still, will
+you? There, that'll do. Many thanks, gentlemen; I thank you in the name
+of this senseless crittur. That's enough. No cause for complaint, man!"
+continued he, as he stuck a second plaster on the negro's foot. "All
+safe enough when Jared Bundle is there with his Palmyra sarve. You be
+the first as was ever know'd to scream after havin' one smell of that
+precious 'intment. And I tell you what it is, my man, if both your black
+legs had been broken clean off, and were swimmin' down the Mississippi
+half rotten&mdash;ay, or if they had just come out of the jaws of an
+alligator, and you were to stick 'em on, and plaster them up with this
+'intment, you may take my word, Jared Bundle's word, that they'd grow to
+your body again&mdash;the flesh would become your flesh, and the bone your
+bone, as sure as I am now here." And he looked round at his auditors
+with a world of confidence and veracity depicted upon his countenance.</p>
+
+<p>"There was Aby Sparks to Penobscot&mdash;you know, ladies and gentlemen, Aby
+Sparks, the son of Enoch Sparks, who married Peggy Heath. Good family
+the Sparkses&mdash;very good family, as you know, ladies and gentlemen.
+Respectable people in a respectable way of business, the general
+line&mdash;drugs and cutlery, and hats patent waterproof, bird-seed and
+jewellery, tea and coffee pots, and shoes of the newest fashion. Ladies
+and gentlemen, do you want a good tea or coffee pot? Partiklar jam,
+<i>they</i> are, I reckon. Well, Aby Sparks said to me, 'Jared Bundle,' says
+he, 'leave me a dozen boxes or phials, whichever you like, of your
+Palmyra sarve. Wonderful stuff that!' says he. 'What!' says I, 'leave
+you some of my Palmyra sarve! You're jist right to say it ain't common
+apothecaries' stuff; that it certainly ain't. But what would the ladies
+and gentlemen on the lower Mississippi say, if I left any of it here?
+It's all meant for them,' says I; 'they're my best customers.'"</p>
+
+<p>"Soft sawder! Jared Bundle," grunted a Kentuckian.</p>
+
+<p>"Cart grease and cobbler's wax," said a man of Illinois.<span class='pagenum'><a name="Page_648" id="Page_648">[Pg 648]</a></span></p>
+
+<p>"He's from the north," laughed a third, "where there's more wooden
+clocks than cows and calves."</p>
+
+<p>"Where the grasshoppers break their legs in jumpin' from one potato heap
+to another," interposed a fourth.</p>
+
+<p>"Where the robins starve in harvest time, and the mockin'-bird is too
+hungry to mock," cried a fifth.</p>
+
+<p>"Nothin' in the world like Jared Bundle's 'intment," continued the
+imperturbable Yankee. "Finest thing possible for corns. Ain't genteel to
+talk of such things, ladies and gentlemen; but if any of you have got
+corns, rub 'em just two or three times with the Palmyra sarve, and
+they'll disappear like snow in sunshine. Worth any money against tan and
+freckles. You, miss," cried he to Louise, "you ain't got any freckles,
+but you may very likely git 'em. A plaster on each cheek afore you go to
+bed&mdash;git up in the mornin', not a freckle left&mdash;all lilies and roses!"</p>
+
+<p>"Hold your impudent tongue!" said I, "or I will plaster you."</p>
+
+<p>"We're in a free country," was the answer; "free to sell and free to
+buy. Gentlemen," continued Mr Bundle, "famous stuff for razor-strops.
+Rub a little on, draw the razor a couple of times over it&mdash;shave. Razor
+runs over the face like a steam-carriage along a railroad, you don't
+know how; beard disappears like grass before the sickle, or a regiment
+of Britishers before Yankee rifles. Great vartue in the sarve&mdash;uncommon
+vartue! Ma'am!" cried he to a lady who, like ourselves, was looking on
+from a short distance at this farcical scene, "Ma'am!"</p>
+
+<p>I looked round at the lady. "Bless my soul! Mrs Dobleton and the Misses
+Dobleton from Concordia, my neighbours on the Mississippi. Delighted to
+see you, Mrs Dobleton; allow me the honour of introducing my wife to
+you."</p>
+
+<p>Our greetings and compliments were drowned by the piercing voice of the
+indefatigable Yankee.</p>
+
+<p>"Ma'am!" cried he, with a box of ointment in each hand, "Ma'am! the
+finest cure in the world for toothach. If teeth are good, it keeps 'em
+so; if bad, it makes 'em sound and white as ivory. A small bit on the
+point of a knife between the teeth and the gum&mdash;acts like a charm. Young
+ladies! a capital remedy for narrow chests."</p>
+
+<p>The skinny Miss Dobletons turned green with vexation.</p>
+
+<p>"Incomparable remedy!" continued Jared; "rub it well in on the part
+affected, and in a short time the most contracted chest becomes as wide
+as that of Mrs Broadbosom to Charleston. Fine thing for lockjaw, ma'am!"
+cried he to a Mrs Bodwell who was standing by, and amongst whose good
+qualities that of silence was not considered to hold a conspicuous
+place; "a famous cure for lockjaw, from whatever cause it may come on.
+There was Miss Trowlop&mdash;she had a very handsum' mouth and a considerable
+gift of the gab&mdash;was goin' to be married to Mr Shaver, run a hickory
+splinter through her prunella shoe into her foot&mdash;jaw locked as fast as
+old Ebenezer Gripeall's iron safe. If she'd a-had my Palmyra sarve she'd
+be still alive, Mrs Shaver, now; 'stead of that, the land-crabs have
+eaten her. Another example, ladies: Sally Brags, Miss Sally Brags to
+Portsmouth. You know Portsmouth, Providence, where the pretty gals grow;
+some folk <i>do</i> say they're prettier to Baltimore&mdash;won't say they
+ain't&mdash;matter of taste, pure matter of taste; but Miss Sally Brags,
+ladies, had the lockjaw&mdash;couldn't say a word; took a box of my Palmyra
+sarve&mdash;ladies, two dollars a box by retail&mdash;her tongue now goes
+clap-clap-clap like any steam-mill. Famous cure for lockjaw!"</p>
+
+<p>During this unceasing flow of words, the Yankee had found the time to
+drive a capital trade; his merchandise of all kinds was rapidly
+disappearing, and the more the backwoodsmen laughed, the faster flowed
+the dollars into the pedlar's pouch. It was most diverting to observe
+the looks of the purchasers of the Palmyra ointment, as they first
+smelled at it and then shook their heads, as if in doubt whether they
+were not duped.</p>
+
+<p>"Wonderful stuff!" cried the Yankee with imperturbable gravity, and as
+if to reassure them. "And capital coffee-pots," continued he to a
+leather-jerkined Missouri man, who had taken up one of the latter and
+was examining it. "I'll warrant 'em<span class='pagenum'><a name="Page_649" id="Page_649">[Pg 649]</a></span> of the best description, and no
+mistake. Wonderful stuff this Palmyra sarve, came direct from Moscow,
+where the Archbishop of Abyssinia had brought it, but, havin' got into
+debt, he was obliged to sell off; and from Moscow, which, as you all
+know, is a great seaport, it passed into the hands of the Grand Duke of
+Teheran or Tombuctoo, who lives somewhere about the Cape of Good Hope.
+From there it came to Boston in the brig Sarah, Captain Larks. I was one
+of the first to go on board, and as soon as I smelled to it, I knew
+directly what time o' day it was&mdash;where the wind blew from, as I may
+say. Ladies, here you have the means of preservin' your health and your
+beauty for the longest day you live, and all for two dollars&mdash;only two
+dollars a box. In short, ladies and gentlemen," concluded the
+persevering fellow sententiously, "you have my warranty that this sarve
+heals all curable diseases; and if it be true, as the famous Doctor
+Flathead says, that there be only two sorts of maladies&mdash;them of which
+people die, and them of which they get well&mdash;you must see how important
+it is to have a box of the Palmyra 'intment. Best of all sarves, ladies!
+two dollars a box, ladies!</p>
+
+<p>"Ladies and gentlemen," resumed Mr Bundle after a brief pause, "d'ye
+want any other articles&mdash;silks, linen, calicoes, fine spices, nutmegs?
+None of your walnut-wood nutmegs, but ginu<i>ine</i> Boston goods, out of the
+most respectable stores. Ah! ladies and gentlemen, Jared Bundle's tea
+and coffee pots&mdash;let me recommend 'em to you. The metal is of a
+particular sort, corrects the oily matter contained in the tea, which
+the doctors say is no better than so much p'ison. Should be sorry for
+you to suppose I was instigated by love of gain&mdash;filthy lucre, ladies;
+but think of your vallyable health&mdash;your precious health&mdash;and buy my
+teapots; two dollars twenty-five cents a-piece. Yes, ma'am," continued
+he, turning to one of the negresses who were crawling, and grinning, and
+gaping around his wares, "beautiful Lyons ribands, and Bengal
+neck-handkerchiefs <i>di</i>rect from Calcutta; lovely things them
+handkerchiefs, and the ribands too, partic'lerly the broad ones&mdash;quarter
+of a dollar a yard. Four yards did you say, ma'am? Better go the
+<i>en</i>tire figur'&mdash;take eight, and you'll have twice as much. Now, ladies
+and gentlemen, to return to the teapots"&mdash;&mdash;</p>
+
+<p>"The teapots!" cried several voices a short distance off. "Hurra! Jared
+Bundle's teapots! Look here at the Yankee teapots!"</p>
+
+<p>At the same moment the steward of the steamer made his appearance upon
+the field of Mr Bundle's operations, escorted by half a dozen of the
+backwoodsmen, and stepping into the torchlight, held up the very
+coffee-pot which the shameless Yankee had sold to the leather-jacketed
+man of Missouri. The pot had been filled with boiling water, which was
+now oozing out comfortably and deliberately at every side and corner of
+the vessel. For one moment the spectators stared in mute astonishment;
+but then the discovery of the Yankee's cheatery drew from them a peal of
+laughter which seemed likely to be inextinguishable.</p>
+
+<p>"Jared Bundle! What do you say to that? Jared Bundle's teapots! A hurra
+for Jared Bundle and the Yankee teapots!"</p>
+
+<p>The immovable pedlar was by no means put out of countenance by this
+discovery. While the backwoodsmen were having their laugh out, he took
+hold of the teapot, examined it deliberately on all sides, at front and
+back, inside and out, and then shook his head gravely. When the laughers
+had exhausted their uproariousness, he cleared his throat, and resumed.</p>
+
+<p>"Ah, gentlemen! or rather ladies and gentlemen! in our happy land of
+freedom and enlightenment, the most enlightened country in the world, no
+one, I am sure, will refuse to hear the poor pedlar's explanation of
+this singular circumstance. I know you are all most desirous of havin'
+it explained, and explain it I can and will. I am sorry to say there are
+gentlemen who sell teapots for the southern states which are only meant
+for the northern ones, and others who sell for the north what is meant
+for the south. That's how I've been deceived in these teapots, which
+come from the store of the highly respectable Messrs Knockdown. They are
+for northern consumption, gentlemen, without the smallest doubt,<span class='pagenum'><a name="Page_650" id="Page_650">[Pg 650]</a></span> and
+you know that many teapots will support the cold of the north, but are
+worth nothin' when they git into a southern climate. It's oncommon hot,
+you see, down hereaway on the Mississippi, and I reckon that's the
+reason that you southern gentlemen <i>are</i> sich an almighty b'ilin' up
+people, who take a gougin' to your breakfast as we should a mackerel.
+I'm a'most inclined to think, too, that you bile your water a deal too
+hot, which our northern tea and coffee pots ain't used to, and can't
+stand nohow."</p>
+
+<p>"Humbug!" growled a score of backwoodsmen, some of whom began to close
+round the Yankee, as if to make sure of him and his worthless wares.</p>
+
+<p>"Boe! Boe!" howled Sambo, who had been quite forgotten during this
+scene.</p>
+
+<p>"You still here, you black devil!" cried the pedlar, turning fiercely
+round upon the negro. "Am I to be deafened by your cussed croakin'?
+Don't mind him, ladies and gentlemen&mdash;pay no attention to him. Who cares
+about a nigger? He only cries out for his amusement. It's all his tricks
+and cunnin'; he'd like to git some more of my sarve on his black hide!
+He won't have any, tho'! Be off with ye, you stinkin' nigger!"</p>
+
+<p>"Stinkin' nigga! Massa Yankee say stinkin' nigga!" yelled Sambo, showing
+all his white teeth in an ecstasy of anger. "Matto stinkin' nigga now,"
+screamed he as he sprang suddenly to his feet, to the infinite delight
+of the backwoodsmen, and began capering and hopping about, and grinning
+like a mad ape. "Matto stinkin' nigga now; one hour 'go him dearie
+Matto, and good Matto, and Massa Yankee promise four picaillee<a name="FNanchor_33_33" id="FNanchor_33_33"></a><a href="#Footnote_33_33" class="fnanchor">[33]</a> if
+Matto let dam heavy chest wid stinkin' serve fall on him foot and
+shoulder. Boe! Boe! Massa Yankee no good man; bad Massa, Massa Yankee!"</p>
+
+<p>And so it was and turned out to be. The rogue of a Yankee had made a
+sort of bargain with Sambo, and arranged a scheme by which to draw the
+attention of the passengers in a natural manner to the famous Palmyra
+salve. Seldom or never had the risible nerves of the burly backwoodsmen
+on board the Ploughboy steamer, been so enormously tickled as by the
+discovery of this Yankee trick. The laughter was deafening, really
+earsplitting; and was only brought to something like an end by the
+appearance of the captain, who came with a petition from the lady
+passengers, to the effect that the Yankee should not be too hardly dealt
+with for his ingenious attempt to transfer his fellow-citizens' dollars
+into his own pocket. Thereupon Badgers and Buckeyes, Wolverines and
+Redhorses, abated their hilarity; and it was comical to see how these
+rough tenants of the western forests proceeded, with all the gravity of
+backwoods etiquette, to respond to the humanity of the ladies. In the
+first place a deputation was chosen, consisting of two individuals, who
+were charged to assure the ladies of the universal willingness to treat
+the Yankee as tenderly as might be consistent with the nature of his
+transgression; secondly, a commission was appointed for the examination
+of the spurious wares. The articles that had been bought were produced
+one after the other, their quality and value investigated, and then they
+were either condemned and thrown overboard, or their sale was confirmed.
+The tea and coffee pots were almost, without exception, pronounced
+worthless; for although well enough calculated for a long voyage on the
+Mississippi, they could never have been meant to hold boiling
+Mississippi water. The wonderful Palmyra salve proved to be neither more
+nor less than a compound of hog's lard and gunpowder, with the juice of
+tobacco and walnut leaves&mdash;a mixture that might perhaps have been useful
+for the destruction of vermin, but the efficacy of which as an antidote
+to freckles and lockjaw was at least problematical. The teapots, the
+ointment, and some spices, amongst which wooden nutmegs cut an important
+figure, were duly consigned to the keeping of the Mississippi kelpies;
+while the dollars that had been paid for them were retransferred<span class='pagenum'><a name="Page_651" id="Page_651">[Pg 651]</a></span> from
+the pockets of the Yankee to those of the credulous purchasers. Finally,
+Mr Bundle himself, in consideration of the truly republican stoicism
+with which he witnessed the execution of the judgment pronounced on his
+wares, was invited with much ceremony to regale himself with a
+"go-the-whole-hog-cocktail," an honour which he accepted and replied to
+in a set speech, at the conclusion of which he enquired whether the
+honourable society by whose sentence he had been deprived of the larger
+portion of his merchandise, could not recommend him to a schoolmaster's
+place in one of their respectable settlements. I almost wondered that he
+did not treat us to a Methodist sermon as a preparation for our
+slumbers. He seemed the right man to do it. He exactly answered to the
+description given of the Yankees by Halleck, in his Connecticut:&mdash;</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">&mdash;&mdash;"Apostates, who are meddling<br /></span>
+<span class="i0">With merchandise, pounds, shillings, pence, and peddling,<br /></span>
+<span class="i0">Or wandering through southern climates teaching<br /></span>
+<span class="i0">The A, B, C, from Webster's spelling-book;<br /></span>
+<span class="i0">Gallant and godly, making love and preaching,<br /></span>
+<span class="i0">And gaining by what they call hook and crook,<br /></span>
+<span class="i0">And what the moralists call overreaching,<br /></span>
+<span class="i0">A decent living. The Virginians look<br /></span>
+<span class="i0">Upon them with as favourable eyes<br /></span>
+<span class="i0">As Gabriel on the devil in Paradise."<br /></span>
+</div></div>
+
+<p>There was a deafening "Hurrah for the honourable Mistress Howard!" as
+the party of backwoodsmen walked off towards the gentlemen's cabin; and
+then things became quieter. I had invited the bears to drink a glass to
+Mrs Howard's health, and had told the steward to put down to my account
+the slings and cocktails they might consume. Mrs Dobleton, whose husband
+is secretary to a temperance society, pulled a wry face or two at what
+she doubtless thought an encouragement to vice; but for my part I have
+no such scruples. It always gives me pleasure to find myself thrown by
+chance among these rough and wild, but upright and energetic sons of the
+wilderness&mdash;these pioneers of the west, who pass their lives in
+converting tangled thickets and endless forests into fields and
+pastures, for the benefit of generations yet unborn. Truly, dear Louise,
+a few dollars spent amongst these worthy fellows are not thrown away, if
+they serve to form one, the smallest, link of the chain of good-will and
+good fellowship that does and ought to bind us to our fellow-citizens.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_33_33" id="Footnote_33_33"></a><a href="#FNanchor_33_33"><span class="label">[33]</span></a> The Louisianian name for 6-1/4 cent pieces.</p></div>
+</div>
+
+
+<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_652" id="Page_652">[Pg 652]</a></span></p>
+<h2>WESTMINSTER-HALL AND THE WORKS OF ART,</h2>
+
+<h3>(<i>On a Free Admission Day.</i>)</h3>
+
+<h4><span class="smcap">By B. Simmons.</span></h4>
+
+
+<div class="poem"><div class="stanza">
+<span class="i25">I.<br /></span>
+</div><div class="stanza">
+<span class="i0">By slow degrees, like rain-fraught breeze rising in time of dearth,<br /></span>
+<span class="i0">Whispers of Wisdom, far and wide, are muttering o'er the earth;<br /></span>
+<span class="i0">And lo! rough Reason's breath, that wafts strong human health to all,<br /></span>
+<span class="i0">Has blown aside the gates where Pride dozed in her feudal hall.<br /></span>
+</div><div class="stanza">
+<span class="i25">II.<br /></span>
+</div><div class="stanza">
+<span class="i0">Stout Carter, drop that loutish look, nor hesitate before&mdash;<br /></span>
+<span class="i0">Eyeing thy frock and clouted shoes&mdash;yon dark enormous door;<br /></span>
+<span class="i0">'Tis ten to one thy trampled sires their ravaged granges gave<br /></span>
+<span class="i0">To spread the Wood from whence was hew'd that oaken architrave.<a name="FNanchor_34_34" id="FNanchor_34_34"></a><a href="#Footnote_34_34" class="fnanchor">[34]</a><br /></span>
+</div><div class="stanza">
+<span class="i25">III.<br /></span>
+</div><div class="stanza">
+<span class="i0">Take now <i>thy</i> turn. We'll on and in, nor need the pealing tromp<br /></span>
+<span class="i0">(Once wont the lordlings thronging here to usher to the pomp)<br /></span>
+<span class="i0">To kindle our dull phantasies for yon triumphal show<br /></span>
+<span class="i0">That lights the roof so high aloof with the whiteness of its glow.<br /></span>
+</div><div class="stanza">
+<span class="i25">IV.<br /></span>
+</div><div class="stanza">
+<span class="i0"><span class="smcap">Red William</span>, couldst thou heave aside the marble of the tomb,<br /></span>
+<span class="i0">And look abroad from Winchester's song-consecrated gloom,<a name="FNanchor_35_35" id="FNanchor_35_35"></a><a href="#Footnote_35_35" class="fnanchor">[35]</a><br /></span>
+<span class="i0">A keener smart than Tyrrel's dart would pierce thy soul to see<br /></span>
+<span class="i0">In thy vast courts the Vileinage and peasants treading free.<br /></span>
+</div><div class="stanza">
+<span class="i25">V.<br /></span>
+</div><div class="stanza">
+<span class="i0">Oh, righteous retribution! Ye Shades of those who here<br /></span>
+<span class="i0">Stood up in bonds before the slaves of sceptred fraud and fear!<br /></span>
+<span class="i0">Unswerving <span class="smcap">Somers</span>!&mdash;<span class="smcap">More</span>!&mdash;even thou, dark <span class="smcap">Somerset</span>,<a name="FNanchor_36_36" id="FNanchor_36_36"></a><a href="#Footnote_36_36" class="fnanchor">[36]</a> who fell<br /></span>
+<span class="i0">In pride of place condignly, yet who loved the Commons well&mdash;<br /></span>
+</div><div class="stanza">
+<span class="i25">VI.<br /></span>
+</div><div class="stanza">
+<span class="i0">And Ye who with undaunted hearts, immortal mitred Few!<br /></span>
+<span class="i0">For Truth's dear sake, the Tyrant foil'd to whom ye still were true&mdash;<a name="FNanchor_37_37" id="FNanchor_37_37"></a><a href="#Footnote_37_37" class="fnanchor">[37]</a><br /></span>
+<span class="i0">Rejoice! Who knows what scatter'd thoughts of yours were buried seeds,<br /></span>
+<span class="i0">Slow-springing for th' oppress'd and poor, and ripen'd now to deeds?<br /></span>
+</div><div class="stanza">
+
+<span class="i25">VII.<br /></span>
+</div><div class="stanza">
+<span class="i0">Ha, ha! 'twould make a death's-head laugh to see how the cross-bones&mdash;<br /></span>
+<span class="i0">The black judicial formula devised by bloody thrones<span class='pagenum'><a name="Page_653" id="Page_653">[Pg 653]</a></span>&mdash;<br /></span>
+<span class="i0">The Axe's edge <i>this</i> way, now <i>that</i>, borne before murder'd men,<br /></span>
+<span class="i0">Who died for aiding their true Liege on mountain and in glen,<a name="FNanchor_38_38" id="FNanchor_38_38"></a><a href="#Footnote_38_38" class="fnanchor">[38]</a><br /></span>
+</div><div class="stanza">
+<span class="i25">VIII.<br /></span>
+</div><div class="stanza">
+<span class="i0">Are swept like pois'nous spiders' webs for ever from the scene,<br /></span>
+<span class="i0">Where in their place come crowding now the mighty and the mean;<br /></span>
+<span class="i0">The Peer walks by the Peasant's side,<a name="FNanchor_39_39" id="FNanchor_39_39"></a><a href="#Footnote_39_39" class="fnanchor">[39]</a> to see if grace and art<br /></span>
+<span class="i0">Can touch a bosom clad in frieze, can brighten Labour's heart.<br /></span>
+</div><div class="stanza">
+<span class="i25">IX.<br /></span>
+</div><div class="stanza">
+<span class="i0">O! ye who doubt presumptuously that feeling, taste, are given<br /></span>
+<span class="i0">To all for culture, free as flowers, by an impartial heaven,<br /></span>
+<span class="i0">Look through this quiet rabble here&mdash;doth it not shame to-day<br /></span>
+<span class="i0">More polish'd mobs to whom we owe our annual squeeze in May?<br /></span>
+</div><div class="stanza">
+<span class="i25">X.<br /></span>
+</div><div class="stanza">
+<span class="i0">Mark that poor Maiden, to her Sire interpreting the tale<br /></span>
+<span class="i0">There pictured of the Loved and Left,<a name="FNanchor_40_40" id="FNanchor_40_40"></a><a href="#Footnote_40_40" class="fnanchor">[40]</a> until her cheek grows pale:&mdash;<br /></span>
+<span class="i0">Yon crippled Dwarf that sculptured Youth<a name="FNanchor_41_41" id="FNanchor_41_41"></a><a href="#Footnote_41_41" class="fnanchor">[41]</a> eyeing with glances dim,<br /></span>
+<span class="i0">Wondering will he, in higher worlds, be tall and straight like him;&mdash;<br /></span>
+</div><div class="stanza">
+<span class="i25">XI.<br /></span>
+</div><div class="stanza">
+<span class="i0">How well they group with yonder pale but fire-eyed Artisan,<br /></span>
+<span class="i0">Who just has stopp'd to bid his boys those noble features scan<br /></span>
+<span class="i0">That sadden us for <span class="smcap">Wilkie</span>! See! he tells them now the story<br /></span>
+<span class="i0">Of that once humble lad, and how he won his marble glory.<br /></span>
+</div><div class="stanza">
+<span class="i25">XII.<br /></span>
+</div><div class="stanza">
+<span class="i0">Not all alone thou weep'st in stone, poor Lady, o'er thy Chief,<a name="FNanchor_42_42" id="FNanchor_42_42"></a><a href="#Footnote_42_42" class="fnanchor">[42]</a><br /></span>
+<span class="i0">That huge-limb'd Porter, spell-struck there, stands sharer in thy grief.<br /></span>
+<span class="i0">Pert Cynic, scorn not his amaze; all savage as he seems,<br /></span>
+<span class="i0">What graceful shapes henceforward may whiten his heart in dreams!<br /></span>
+</div><div class="stanza">
+<span class="i25">XIII.<br /></span>
+<span class="i0">A long adieu, dark Years! to you, of war on field and flood,<br /></span>
+<span class="i0">Battle afar, and mimic war at hone to train our blood&mdash;<br /></span>
+<span class="i0">The ruffian Ring&mdash;the goaded Bull&mdash;the Lottery's gates of sin&mdash;<br /></span>
+<span class="i0">The <i>all</i> to nurse the outward brute, and starve the soul within!<br /></span>
+</div><div class="stanza">
+<span class="i25">XIV.<br /></span>
+</div><div class="stanza">
+<span class="i0">Here lives and breathes around us proof that those all-evil times<br /></span>
+<span class="i0">Are fled with their decrepit thoughts, their slaughter, and their crimes;<br /></span>
+<span class="i0">Long stood <span class="smcap">this Hall</span> the type of all could <span class="smcap">Man's</span> grim bonds increase&mdash;<br /></span>
+<span class="i0">Henceforth be it his Vestibule to hope, and light, and peace!<br /></span>
+</div><div class="stanza">
+<span class="i25"><i>August</i>, 1844.<br /></span>
+</div></div>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_34_34" id="Footnote_34_34"></a><a href="#FNanchor_34_34"><span class="label">[34]</span></a> Westminster-Hall, first reared by Rufus, was entirely
+rebuilt by Richard II.</p></div>
+
+<div class="footnote"><p><a name="Footnote_35_35" id="Footnote_35_35"></a><a href="#FNanchor_35_35"><span class="label">[35]</span></a> Winchester, many years the residence of Joseph Warton, is
+so much associated with the recollections and noble poetry of his
+younger brother, as to warrant the expression in the text.</p></div>
+
+<div class="footnote"><p><a name="Footnote_36_36" id="Footnote_36_36"></a><a href="#FNanchor_36_36"><span class="label">[36]</span></a> The Protector-Duke, beheaded on Tower-Hill in the reign of
+his nephew, Edward VI.&mdash;"His attention to the poor during his
+Protectorship, and his opposition to the system of enclosures, had
+created him many friends among the lower classes, who hastened to
+witness his end, and yet flattered themselves with the hope of his
+reprieve."&mdash;<span class="smcap">Lingard</span>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_37_37" id="Footnote_37_37"></a><a href="#FNanchor_37_37"><span class="label">[37]</span></a> The trial of the seven bishops took place in the hall.
+Five out of their number&mdash;worthy of note upon every occasion&mdash;(the
+Archbishop, the Bishops of Ely, Bath and Wells, Chichester, and
+Petersborough,) refused the oaths to King William, and were deprived
+accordingly.</p></div>
+
+<div class="footnote"><p><a name="Footnote_38_38" id="Footnote_38_38"></a><a href="#FNanchor_38_38"><span class="label">[38]</span></a> The unfortunate Scottish lords were tried here 1745-6, as
+Horace Walpole abundantly testifies.</p></div>
+
+<div class="footnote"><p><a name="Footnote_39_39" id="Footnote_39_39"></a><a href="#FNanchor_39_39"><span class="label">[39]</span></a> More than one noble family, very creditably, have visited
+the works of art on free-admission days.</p></div>
+
+<div class="footnote"><p><a name="Footnote_40_40" id="Footnote_40_40"></a><a href="#FNanchor_40_40"><span class="label">[40]</span></a> Maclise's fresco of <i>The Knight</i>.</p></div>
+
+<div class="footnote"><p><a name="Footnote_41_41" id="Footnote_41_41"></a><a href="#FNanchor_41_41"><span class="label">[41]</span></a> <i>Youth at a stream</i>, by J. H. Foley.</p></div>
+
+<div class="footnote"><p><a name="Footnote_42_42" id="Footnote_42_42"></a><a href="#FNanchor_42_42"><span class="label">[42]</span></a> Lough's <i>Mourners</i>, a group in marble.</p></div>
+</div>
+
+
+<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_654" id="Page_654">[Pg 654]</a></span></p>
+<h2>LINES ON THE LANDING OF HIS MAJESTY KING LOUIS PHILIPPE, TUESDAY,
+OCTOBER 8, 1844.</h2>
+
+<h3><span class="smcap">By B. Simmons.</span></h3>
+
+
+<div class="poem"><div class="stanza">
+<span class="i25">I.<br /></span>
+</div><div class="stanza">
+<span class="i0">Ho! Wardens of the Coast look forth<br /></span>
+<span class="i2">Upon your Channel seas&mdash;<br /></span>
+<span class="i0">The night is melting in the north,<br /></span>
+<span class="i2">There's tumult on the breeze;<br /></span>
+<span class="i0">Now sinking far, now rolling out<br /></span>
+<span class="i2">In proud triumphal swell,<br /></span>
+<span class="i0">That mingled burst of shot and shout<br /></span>
+<span class="i2">Your fathers knew so well,<br /></span>
+<span class="i0">What time to England's inmost plain<br /></span>
+<span class="i2">The beacon-fires proclaim'd<br /></span>
+<span class="i0">That, like descending hurricane,<br /></span>
+<span class="i0">Grim Blake, that Mastiff of the Main,<br /></span>
+<span class="i0">Beside your shores had once again<br /></span>
+<span class="i2">The Flemish lion tamed!<a name="FNanchor_43_43" id="FNanchor_43_43"></a><a href="#Footnote_43_43" class="fnanchor">[43]</a><br /></span>
+</div><div class="stanza">
+<span class="i0">War wakes not now that tumult loud,<br /></span>
+<span class="i2">Ye Wardens of the Coast,<br /></span>
+<span class="i0">Though looming large, through dawn's dim cloud,<br /></span>
+<span class="i2">Like an invading host<br /></span>
+<span class="i0">The Barks of France are bearing down,<br /></span>
+<span class="i2">One crowd of sails, while high<br /></span>
+<span class="i0">Above the misty morning's frown<br /></span>
+<span class="i2">Their streamers light the sky.<br /></span>
+<span class="i0">Up!&mdash;greet for once the Tricolor,<br /></span>
+<span class="i2">For once the lilied flag!<br /></span>
+<span class="i0">Forth with gay barge and gilded oar,<br /></span>
+<span class="i0">While fast the volley'd salvoes roar<br /></span>
+<span class="i0">From batteried line, and echoing shore,<br /></span>
+<span class="i2">And gun-engirdled crag!<br /></span>
+</div><div class="stanza">
+<span class="i0">Forth&mdash;greet with ardent hearts and eyes,<br /></span>
+<span class="i2">The <span class="smcap">Guest</span> those galleys bring;<br /></span>
+<span class="i0">In Wisdom's walks the more than Wise&mdash;<br /></span>
+<span class="i2">'Mid Kings the more than King!<br /></span>
+<span class="i0">No nobler visitant e'er sought<br /></span>
+<span class="i2">The Mighty's white-cliff'd isle,<br /></span>
+<span class="i0">Where <span class="smcap">Alfred</span> ruled, where <span class="smcap">Bacon</span> thought,<br /></span>
+<span class="i2">Where <span class="smcap">Avon's</span> waters smile:<br /></span>
+<span class="i0">Hail to the tempest-vexed Man!<br /></span>
+<span class="i2">Hail to the Sovereign-Sage!<br /></span>
+<span class="i0">A wearier pilgrimage who ran<br /></span>
+<span class="i0">Than the immortal Ithacan,<br /></span>
+<span class="i0">Since first his great career began,<br /></span>
+<span class="i2">Ulysses of our age!<br /></span>
+</div><div class="stanza">
+
+<span class="i0">A more than regal welcome give,<br /></span>
+<span class="i2">Ye thousands crowding round;<span class='pagenum'><a name="Page_655" id="Page_655">[Pg 655]</a></span><br /></span>
+<span class="i0">Shout for the once lorn Fugitive,<br /></span>
+<span class="i2">Whose soul no solace found<br /></span>
+<span class="i0">Save in that <span class="smcap">Self-reliance</span>&mdash;match<br /></span>
+<span class="i2">For adverse worlds, alone&mdash;<br /></span>
+<span class="i0">Which cheer'd the Tutor's humble thatch,<br /></span>
+<span class="i2">Nor left him on the throne.<br /></span>
+<span class="i0">The <span class="smcap">Wanderer Muller's</span> sails they furl&mdash;<br /></span>
+<span class="i2">The Wave-encounterer, who,<br /></span>
+<span class="i0">When Freedom leagued with Crime to hurl<br /></span>
+<span class="i0">Up earth's foundations, from the whirl<br /></span>
+<span class="i0">Where vortex'd Empires raged, the pearl<br /></span>
+<span class="i2">Of matchless Prudence drew.<br /></span>
+</div><div class="stanza">
+<span class="i25">V.<br /></span>
+</div><div class="stanza">
+<span class="i0">Shout for the Husband and the Sire,<br /></span>
+<span class="i2">Whose children, train'd to truth,<br /></span>
+<span class="i0">Repaid in feeling, grace, and fire,<br /></span>
+<span class="i2">The lessons taught their youth.<br /></span>
+<span class="i0">Recall his grief when bent above<br /></span>
+<span class="i2">His rose-zoned daughter's clay,<br /></span>
+<span class="i0">Beside whose marble, lifeless, Love,<br /></span>
+<span class="i2">And Art, and Genius lay.<a name="FNanchor_44_44" id="FNanchor_44_44"></a><a href="#Footnote_44_44" class="fnanchor">[44]</a><br /></span>
+<span class="i0">And his be homage still more dread,<br /></span>
+<span class="i2">From our mute spirits won,<br /></span>
+<span class="i0">For tears of heart-wrung anguish shed,<br /></span>
+<span class="i0">When with that gray "discrown&egrave;d head,"<br /></span>
+<span class="i0">On foot he follow'd to the dead<br /></span>
+<span class="i2">His gallant, princely son.<br /></span>
+</div><div class="stanza">
+<span class="i25">VI.<br /></span>
+</div><div class="stanza">
+<span class="i0">Shout for the Hero and the King<br /></span>
+<span class="i2">In soul serene&mdash;alike,<br /></span>
+<span class="i0">If suppliant States the sceptre bring,<br /></span>
+<span class="i2">Or banded traitors strike!<br /></span>
+<span class="i0">Oh, if at times a thrall too strong<br /></span>
+<span class="i2">Round Freedom's form be laid,<br /></span>
+<span class="i0">Where Faction works by wrath and wrong<br /></span>
+<span class="i2">His pardon be display'd.<br /></span>
+<span class="i0">Be his this praise&mdash;unspoil'd by power<br /></span>
+<span class="i2">His course benignly ran,<br /></span>
+<span class="i0">A <span class="smcap">Monarch</span>, mindful of the hour<br /></span>
+<span class="i0">He felt misfortune's wintry shower,<br /></span>
+<span class="i0">A <span class="smcap">Man</span>, from hall to peasant's bower,<br /></span>
+<span class="i2">The common friend of Man.<br /></span>
+</div><div class="stanza">
+<span class="i25">VII.<br /></span>
+</div><div class="stanza">
+
+<span class="i0">Again the ramparts' loosen'd load<br /></span>
+<span class="i2">Of thunder rends the air!<br /></span>
+<span class="i0">Peal on&mdash;such pomp is fitly show'd&mdash;<br /></span>
+<span class="i2">He lands no stranger there.<br /></span>
+<span class="i0">Hear from his lips your language grave<br /></span>
+<span class="i2">In earnest accents fall&mdash;<br /></span>
+<span class="i0">The memories of the home ye gave<br /></span>
+<span class="i2">He hastens to recall<span class='pagenum'><a name="Page_656" id="Page_656">[Pg 656]</a></span>&mdash;<br /></span>
+<span class="i0">'Mid flash of spears and fiery thrill<br /></span>
+<span class="i2">Of trumpets speed him forth,<br /></span>
+<span class="i0">The Master-Mind your Shakspeare still<br /></span>
+<span class="i0">Had loved to draw&mdash;that to its will<br /></span>
+<span class="i0">Shapes Fate and Chance with potent skill&mdash;<br /></span>
+<span class="i2">The Numa of the North.<br /></span>
+</div><div class="stanza">
+<span class="i25">VIII.<br /></span>
+</div><div class="stanza">
+<span class="i0">Windsor! henceforth a loftier spell<br /></span>
+<span class="i2">Invests thy storied walls&mdash;<br /></span>
+<span class="i0">The Bards of future years shall tell<br /></span>
+<span class="i2">That first within thy halls<br /></span>
+<span class="i0">Imperial <span class="smcap">Truth</span> and <span class="smcap">Mercy</span> met,<br /></span>
+<span class="i2">And in that hallow'd hour<br /></span>
+<span class="i0">Gave earth the hope that Peace shall yet<br /></span>
+<span class="i2">Be dear to Kings as Power.<br /></span>
+<span class="i0">When France clasp'd England's hand of old<br /></span>
+<span class="i2">There memory marks the wane<br /></span>
+<span class="i0">Of iron times, the bad and bold;<a name="FNanchor_45_45" id="FNanchor_45_45"></a><a href="#Footnote_45_45" class="fnanchor">[45]</a><br /></span>
+<span class="i0">Oh, may our <span class="smcap">Second Field</span> of <span class="smcap">Gold</span><br /></span>
+<span class="i0">A portent still more fair unfold<br /></span>
+<span class="i2">Of Wisdom's widening reign!<br /></span>
+</div></div>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_43_43" id="Footnote_43_43"></a><a href="#FNanchor_43_43"><span class="label">[43]</span></a> Almost all Blake's great battles were fought in the
+Channel. One of the most memorable was that off Portsmouth, February
+1652.</p></div>
+
+<div class="footnote"><p><a name="Footnote_44_44" id="Footnote_44_44"></a><a href="#FNanchor_44_44"><span class="label">[44]</span></a> The Princess Marie of Wurtemberg, the most accomplished
+child of this most accomplished family, and whose beautiful efforts in
+sculpture and painting are well known, died a year after her marriage,
+January 2, 1839.</p></div>
+
+<div class="footnote"><p><a name="Footnote_45_45" id="Footnote_45_45"></a><a href="#FNanchor_45_45"><span class="label">[45]</span></a> The meeting between Francis and Henry took place June
+1520, the first great period of civilized progression in Europe&mdash;the era
+of Printing&mdash;of Columbus&mdash;and of the Reformation.</p></div>
+</div>
+
+
+<hr style="width: 65%;" /><p><span class='pagenum'><a name="Page_657" id="Page_657">[Pg 657]</a></span></p>
+<h2>LAMARTINE.</h2>
+
+
+<p>It is remarkable, that although England is the country in the world
+which has sent forth the greatest number of ardent and intrepid
+travellers to explore the distant parts of the earth, yet it can by no
+means furnish an array of writers of travels which will bear a
+comparison with those whom France can boast. In skilful navigation,
+daring adventure, and heroic perseverance, indeed, the country of Cook
+and Davis, of Bruce and Park, of Mackenzie and Buckingham, of Burckhardt
+and Byron, of Parry and Franklin, may well claim the pre-eminence of all
+others in the world. An Englishman first circumnavigated the globe; an
+Englishman alone has seen the fountains of the Nile; and, five years
+after the ardent spirit of Columbus had led his fearful crews across the
+Atlantic, Sebastian Cabot discovered the shores of Newfoundland, and
+planted the British standard in the regions destined to be peopled with
+the overflowing multitudes of the Anglo-Saxon race.</p>
+
+<p>But if we come to the literary works which have followed these ardent
+and energetic efforts, and which are destined to perpetuate their memory
+to future times&mdash;the interesting discoveries which have so much extended
+our knowledge and enlarged our resources&mdash;the contemplation is by no
+means to an inhabitant of these islands equally satisfactory. The
+British traveller is essentially a man of energy and action, but rarely
+of contemplation or eloquence. He is seldom possessed of the scientific
+acquirements requisite to turn to the best account the vast stores of
+new and original information which are placed within his reach. He often
+observes and collects facts; but it is as a practical man, or for
+professional purposes, rather than as a philosopher. The genius of the
+Anglo-Saxon race&mdash;bold, sagacious, and enterprising, rather than
+contemplative and scientific&mdash;nowhere appears more strongly than in the
+accounts of the numerous and intrepid travellers whom they are
+continually sending forth into every part of the earth. We admire their
+vigour, we are moved by their hardships, we are enriched by their
+discoveries; but if we turn to our libraries for works to convey to
+future ages an adequate and interesting account of these fascinating
+adventures, we shall, in general, experience nothing but disappointment.
+Few of them are written with the practised hand, the graphic eye,
+necessary to convey vivid pictures to future times; and though numerous
+and valuable books of travels, as works of reference, load the shelves
+of our libraries, there are surprisingly few which are fitted, from the
+interest and vivacity of the style in which they are written, to possess
+permanent attractions for mankind.</p>
+
+<p>One great cause of this remarkable peculiarity is without doubt to be
+found in the widely different education of the students in our
+universities, and our practical men. In the former, classical
+attainments are in literature the chief, if not exclusive, objects of
+ambition; and in consequence, the young aspirants for fame who issue
+from these learned retreats, have their minds filled with the charms and
+associations of antiquity, to the almost entire exclusion of objects of
+present interest and importance. The vigorous practical men, again, who
+are propelled by the enterprise and exertions of our commercial towns,
+are sagacious and valuable observers; but they have seldom the
+cultivated minds, pictorial eye, or powers of description, requisite to
+convey vivid or interesting impressions to others. Thus our scholars
+give us little more than treatises on inscriptions, and disquisitions on
+the sites of ancient towns; while the accounts of our practical men are
+chiefly occupied with commercial enquiries, or subjects connected with
+trade and navigation. The cultivated and enlightened traveller, whose
+mind is alike open to the charm of ancient story and the interest of
+modern achievement&mdash;who is classical without being pedantic, graphic and
+yet faithful, enthusiastic and yet accurate, discursive and at the same
+time imaginative, is almost unknown amongst<span class='pagenum'><a name="Page_658" id="Page_658">[Pg 658]</a></span> us. It will continue to be
+so as long as education in our universities is exclusively devoted to
+Greek and Latin verses or the higher mathematics; and in academies to
+book-keeping and the rule of three; while so broad and sullen a line as
+heretofore is drawn between the studies of our scholars and the pursuits
+of our practical citizens. To travel to good purpose, requires a mind
+stored with much and varied information, in science, statistics,
+geography, literature, history, and poetry. To describe what the
+traveller has seen, requires, in addition to this, the eye of a painter,
+the soul of a poet, and the hand of a practised composer. Probably it
+will be deemed no easy matter to find such a combination in any country
+or in any age; and most certainly the system of education, neither at
+our learned universities nor our commercial academies, is fitted to
+produce it.</p>
+
+<p>It is from inattention to the vast store of <i>previous</i> information
+requisite to make an accomplished traveller, and still more a writer of
+interesting travels, that failures in this branch of literature are so
+glaring and so frequent. In other departments of knowledge, a certain
+degree of information is felt to be requisite before a man can presume
+to write a book. He cannot produce a treatise on mathematics without
+knowing at least Euclid, nor a work on history without having read Hume,
+nor on political economy without having acquired a smattering of Adam
+Smith. But in regard to travels, no previous information is thought to
+be requisite. If the person who sets out on a tour has only money in his
+pocket, and health to get to his journey's end, he is deemed
+sufficiently qualified to come out with his two or three post octavos.
+If he is an Honourable, or known at Almack's, so much the better; that
+will ensure the sale of the first edition. If he can do nothing else, he
+can at least tell the dishes which he got to dinner at the inns, and the
+hotels where comfortable beds are to be found. This valuable
+information, interspersed with a few descriptions of scenes, copied from
+guide-books, and anecdotes picked up at <i>tables-d'h&ocirc;te</i> or on board
+steamboats, constitute the stock in trade of many an adventurer who
+embarks in the speculation of paying by publication the expenses of his
+travels. We have no individuals in view in these remarks; we speak of
+things in general, as they are, or rather have been; for we believe
+these ephemeral travels, like other ephemerals, have had their day, and
+are fast dying out. The market has become so glutted with them that they
+are, in a great many instances, unsaleable.</p>
+
+<p>The classical travellers of England, from Addison to Eustace and Clarke,
+constitute an important and valuable body of writers in this branch of
+literature, infinitely superior to the fashionable tours which rise up
+and disappear like bubbles on the surface of society. It is impossible
+to read these elegant productions without feeling the mind overspread
+with the charm which arises from the exquisite remains and
+heart-stirring associations with which they are filled. But their
+interest is almost exclusively classical; they are invaluable to the
+accomplished scholar, but they speak in an unknown tongue to the great
+mass of men. They see nature only through the medium of antiquity:
+beautiful in their allusion to Greek or Roman remains, eloquent in the
+descriptions of scenes alluded to in the classical writers, they have
+dwelt little on the simple scenes of the unhistoric world. To the great
+moral and social questions which now agitate society, and so strongly
+move the hearts of the great body of men, they are entire strangers.
+Their works are the elegant companions of the scholar or the antiquary,
+not the heart-stirring friends of the cottage or the fireside.</p>
+
+<p>Inferior to Britain in the energy and achievements of the travellers
+whom she has sent forth, and beyond measure beneath her in the amount of
+the addition she has made to geographical science, France is yet greatly
+superior, at least of late years, in the literary and scientific
+attainments of the wanderers whose works have been given to the world.
+Four among these stand pre-eminent, whose works, in very different
+styles, are at the head of European literature in this interesting
+department&mdash;Humboldt, Chateaubriand, Michaud, and Lamartine. Their
+styles are so various, and the<span class='pagenum'><a name="Page_659" id="Page_659">[Pg 659]</a></span> impression produced by reading them so
+distinct, that it is difficult to believe that they have arisen in the
+same nation and age of the world.</p>
+
+<p>Humboldt is, in many respects, and perhaps upon the whole, at the head
+of the list; and to his profound and varied works we hope to be able to
+devote a future paper. He unites, in a degree that perhaps has never
+before been witnessed, the most various qualities, and which, from the
+opposite characters of mind which they require, are rarely found in
+unison. A profound philosopher, an accurate observer of nature, an
+unwearied statist, he is at the same time an eloquent writer, an
+incomparable describer, and an ardent friend of social improvement.
+Science owes to his indefatigable industry many of her most valuable
+acquisitions; geography, to his intrepid perseverance, many of its most
+important discoveries; the arts, to his poetic eye and fervid eloquence,
+many of their brightest pictures. He unites the austere grandeur of the
+exact sciences to the bewitching charm of the fine arts. It is this very
+combination which prevents his works from being generally popular. The
+riches of his knowledge, the magnitude of his contributions to
+scientific discovery, the fervour of his descriptions of nature,
+alternately awaken our admiration and excite our surprise; but they
+oppress the mind. To be rightly apprehended, they require a reader in
+some degree familiar with all these subjects; and how many of these are
+to be met with? The man who takes an interest in his scientific
+observations will seldom be transported by his pictures of scenery; the
+social observer, who extracts the rich collection of facts which he has
+accumulated regarding the people whom he visited, will be indifferent to
+his geographical discoveries. There are few Humboldts either in the
+reading or thinking world.</p>
+
+<p>Chateaubriand is a traveller of a wholly different character&mdash;he lived
+entirely in antiquity. But it is not the antiquity of Greece and Rome
+which has alone fixed his regards, as it has done those of Clarke and
+Eustace&mdash;it is the recollections of chivalry, the devout spirit of the
+pilgrim, which chiefly warmed his ardent imagination. He is universally
+allowed by Frenchmen of all parties to be their first writer; and it may
+be conceived what brilliant works an author of such powers, and
+eminently gifted both with the soul of a poet and the eye of a painter,
+must have produced in describing the historic scenes to which his
+pilgrimages extended. He went to Greece and the Holy Land with a mind
+devout rather than enlightened, credulous rather than inquisitive.
+Thirsting for strong emotions, he would be satisfied; teeming with the
+recollections and visions of the past, he traversed the places hallowed
+by his early affections with the fondness of a lover who returns to the
+home of his bliss, of a mature man who revisits the scenes of his
+infancy. He cared not to enquire what was true or what was legendary in
+these time-hallowed traditions; he gladly accepted them as they stood,
+and studiously averted all enquiry into the foundation on which they
+rested. He wandered over the Peloponnesus or Judea with the fond ardour
+of an English scholar who seeks in the Palatine Mount the traces of
+Virgil's enchanting description of the hut of Evander, and rejects as
+sacrilege every attempt to shake his faith.</p>
+
+<div class="poem"><div class="stanza">
+<span class="i0">"When Science from Creation's face<br /></span>
+<span class="i2">Enchantment's visions draws,<br /></span>
+<span class="i0">What lovely visions yield their place<br /></span>
+<span class="i2">To cold material laws!"<br /></span>
+</div></div>
+
+<p>Even in the woods of America, the same ruling passion was evinced. In
+those pathless solitudes, where no human foot had ever trod but that of
+the wandering savage, and the majesty of nature appeared in undisturbed
+repose, his thoughts were still of the Old World. It was on the historic
+lands that his heart was set. A man himself, he dwelt on the scenes
+which had been signalized by the deeds, the sufferings, the glories of
+man.</p>
+
+<p>Michaud's mind is akin to that of Chateaubriand, and yet different in
+many important particulars. The learned and indefatigable historian of
+the Crusades, he has traversed the shores of the Mediterranean&mdash;the
+scene, as Dr Johnson observed, of all that can ever interest man&mdash;his
+religion, his knowledge, his arts&mdash;with the ardent desire to imprint on
+his mind the scenes and images which met the eyes of the holy warriors.
+He seeks to transport us to the days<span class='pagenum'><a name="Page_660" id="Page_660">[Pg 660]</a></span> of Godfrey of Bouillon and Raymond
+of Toulouse; he thirsts with the Christian host at Dorislaus, he shares
+in its anxieties at the siege of Antioch, he participates in its
+exultation at the storming of Jerusalem. The scenes visited by the vast
+multitude of warriors who, during two hundred years, were precipitated
+from Europe on Asia, have almost all been visited by him, and described
+with the accuracy of an antiquary and the enthusiasm of a poet. With the
+old chronicles in his hand, he treads with veneration the scenes of
+former generous sacrifice and heroic achievements, and the vast and
+massy structures erected on either side during those terrible
+wars&mdash;when, for centuries, Europe strove hand to hand with Asia&mdash;most of
+which have undergone very little alteration, enable him to describe them
+almost exactly as they appeared to the holy warriors. The interest of
+his pilgrimage in the East, accordingly, is peculiar, but very great; it
+is not so much a book of travels as a moving chronicle; but, like Sir W.
+Scott's <i>Minstrelsy of the Borders</i>, it is a chronicle clothed in a very
+different garb from the homely dress of the olden time. It transports us
+back, not only in time but in idea, six hundred years; but it does so
+with the grace of modern times&mdash;it clothes the profound feelings, the
+generous sacrifices, the forgetfulness of self of the twelfth century,
+with the poetic mind, the cultivated taste, the refined imagery of the
+nineteenth.</p>
+
+<p>Lamartine has traversed the same scenes with Chateaubriand and Michaud,
+and yet he has done so in a different spirit; and the character of his
+work is essentially different from either. He has not the devout
+credulity of the first, nor the antiquarian zeal and knowledge of the
+last; but he is superior to either in the description of nature, and the
+painting vivid and interesting scenes on the mind of the reader. His
+work is a moving panorama, in which the historic scenes and azure skies,
+and placid seas and glowing sunsets, of the East, are portrayed in all
+their native brilliancy, and in richer even than their native colours.
+His mind is stored with the associations and the ideas of antiquity, and
+he has thrown over his descriptions of the scenes of Greece or Holy
+Writ, all the charms of such recollections; but he has done so in a more
+general and catholic spirit than either of his predecessors. He embarked
+for the Holy Land shortly before the Revolution of 1830; and his
+thoughts, amidst all the associations of antiquity, constantly reverted
+to the land of his fathers&mdash;its distractions, its woes, its ceaseless
+turmoil, its gloomy social prospects. Thus, with all his vivid
+imagination and unrivaled powers of description, the turn of his mind is
+essentially contemplative. He looks on the past as an emblem of the
+present; he sees, in the fall of Tyre and Athens and Jerusalem, the fate
+which one day awaits his own country; and mourns less the decay of human
+things, than the popular passions and national sins which have brought
+that instability in close proximity to his own times. This sensitive and
+foreboding disposition was much increased by the death of his
+daughter&mdash;a charming child of fourteen, the companion of his wanderings,
+the depositary of his thoughts, the darling of his affections&mdash;who was
+snatched away in the spring of life, when in health and joy, by one of
+the malignant fevers incident to the pestilential plains of the East.</p>
+
+<p>Though Lamartine's travels are continuous, he does not, like most other
+wanderers, furnish us with a journal of every day's proceedings. He was
+too well aware that many, perhaps most, days on a journey are monotonous
+or uninteresting; and that many of the details of a traveller's progress
+are wholly unworthy of being recorded, because they are neither amusing,
+elevating, nor instructive. He paints, now and then, with all the force
+of his magical pencil, the more brilliant or characteristic scenes which
+he visited, and intersperses them with reflections, moral and social;
+such as would naturally be aroused in a sensitive mind by the sight of
+the rains of ancient, and the contemplation of the decay of modern
+times.</p>
+
+<p>He embarked at Marseilles, with Madame Lamartine and his little daughter
+Julia, on the 10th July 1830. The following is the picture of the
+yearnings of his mind on leaving his native land; and they convey a
+faithful image of his intellectual temperament:<span class='pagenum'><a name="Page_661" id="Page_661">[Pg 661]</a></span>&mdash;</p>
+
+<div class="blockquot"><p>"I feel it deeply: I am one only of those men, without a
+distinctive character, of a transitory and fading epoch, whose
+sighs have found an echo&mdash;only because the echo was more
+poetical than the poet. I belong to another age by my desires:
+I feel in myself another man: the immense and boundless horizon
+of philosophy, at once profound, religious, and poetical, has
+opened to my view, but the punishment of a wasted youth
+overtook me; it soon faded from my sight. Adieu, then, to the
+dreams of genius, to the aspirations of intellectual enjoyment!
+It is too late: I have not physical strength to accomplish any
+thing great. I will sketch some scenes&mdash;I will murmur some
+strains, and that is all. Yet if God would grant my prayers,
+here is the object for which I would petition&mdash;a poem, such as
+my heart desires, and his greatness deserves!&mdash;a faithful,
+breathing image of his creation: of the boundless world,
+visible and invisible! That would indeed be a worthy
+inheritance to leave to an era of darkness, of doubt, and of
+sadness!&mdash;an inheritance which would nourish the present age,
+and cause the next to spring with renovated youth."&mdash;(<i>Voyages
+en Orient</i>, I. 49-60.<a name="FNanchor_46_46" id="FNanchor_46_46"></a><a href="#Footnote_46_46" class="fnanchor">[46]</a>)</p></div>
+
+<p>One of his first nocturnal reveries at sea, portrays the tender and
+profoundly religious impressions of his mind:&mdash;</p>
+
+<div class="blockquot"><p>"I walked for an hour on the deck of the vessel alone, and
+immersed alternately in sad or consoling reflections. I
+repeated in my heart all the prayers which I learned in infancy
+from my mother: the verses, the fragments of the Psalms, which
+I had so often heard her repeat to herself, when walking in the
+evening in the garden of Melly. I experienced a melancholy
+pleasure in thus scattering them, in my turn, to the waves, to
+the winds, to that Ear which is ever open to every real
+movement of the heart, though not yet uttered by the lips. The
+prayer which we have heard repeated by one we have loved, and
+who is no more, is doubly sacred. Who among us would not prefer
+a few words of prayer taught us by our mother, to the most
+eloquent supplication composed by ourselves? Thence it is that
+whatever religious creed we may adopt at the age of reason, the
+Christian prayer will be ever the prayer of the human race. I
+prayed, in the prayer of the church for the evening at sea;
+also for that dear being, who never thought of danger to
+accompany her husband, and that lovely child, who played at the
+moment on the poop with the goat which was to give it milk on
+board, and with the little kids which licked her snow-white
+hands, and sported with her long and fair ringlets."&mdash;(I. 57.)</p></div>
+
+<p>A night-scene on the coast of Provence gives a specimen of his
+descriptive powers.</p>
+
+<div class="blockquot"><p>"It was night&mdash;that is, what they call night in those climates;
+but how many days have I seen less brilliant on the banks of
+the Thames, the Seine, the Saone, or the Lake of Geneva! A full
+noon shone in the firmament, and cast into the shade our
+vessel, which lay motionless on the water at a little distance
+from the quay. The moon, in her progress through the heavens,
+had left a path marked as if with red sand, with which she had
+besprinkled the half of the sky: the remainder was clear deep
+blue, which melted into white as she advanced. On the horizon,
+at the distance of two miles, between two little isles, of
+which the one had headlands pointed and coloured like the
+Coliseum at Rome, while the other was violet like the flower of
+the lilac, the image of a vast city appeared on the sea. It was
+an illusion, doubtless; but it had all the appearance of
+reality. You saw clearly the domes glancing&mdash;dazzling lines of
+palaces&mdash;quays flooded by a soft and serene light; on the right
+and the left the waves were seen to sparkle and enclose it on
+either side: it was Venice or Malta reposing in the midst of
+the waters. The illusion was produced by the reflection of the
+moon, when her rays fell perpendicularly on the waters; nearer
+the eye, the radiance spread and expanded in a stream of gold
+and silver between two shores of azure. On the left, the gulf
+extended to the summit of a long and obscure range of serrated
+mountains; on the right opened a narrow and deep valley, where
+a fountain gushed forth beneath the shade of aged trees;
+behind, rose a hill, clothed to the<span class='pagenum'><a name="Page_662" id="Page_662">[Pg 662]</a></span> top with olives, which in
+the night appeared dark, from its summit to its base&mdash;a line of
+Gothic towers and white houses broke the obscurity of the wood,
+and drew the thoughts to the abodes, the joys, and the
+sufferings of man. Further off, in the extremity of the gulf,
+three enormous rocks rose, like pillars without base, from the
+surface of the waters&mdash;their forms were fantastic, their
+surface polished like flints by the action of the waves; but
+those flints were mountains&mdash;the remains, doubtless, of that
+primeval ocean which once overspread the earth, and of which
+our seas are but a feeble image."&mdash;(II. 66.)</p></div>
+
+<p>A rocky bay on the same romantic coast, now rendered accessible to
+travellers by the magnificent road of the Cornich&eacute;, projected, and in
+part executed by Napoleon, furnishes another subject for this exquisite
+pencil:&mdash;</p>
+
+<div class="blockquot"><p>"A mile to the eastward on the coast, the mountains, which
+there dip into the sea, are broken as if by the strokes of
+enormous clubs&mdash;huge fragments have fallen, and are strewed in
+wild confusion at the foot of the cliffs, or amidst the blue
+and green waves of the sea, which incessantly laves them. The
+waves break on these huge masses without intermission, with a
+hollow and alternating roar, or rise up in sheets of foam,
+which besprinkle their hoary fronts. These masses of
+mountains&mdash;for they are too large to be called rocks&mdash;are piled
+and heaped together in such numbers, that they form an
+innumerable number of narrow havens, of profound caverns, of
+sounding grottoes, of gloomy fissures&mdash;of which the children of
+some of the neighbouring fishermen alone know the windings and
+the issues. One of these caverns, into which you enter by a
+natural arch, the summit of which is formed by an enormous
+block of granite, lets in the sea, through which it flows into
+a dark and narrow valley, which the waters fill entirely, with
+a surface as limpid and smooth as the firmament which they
+reflect. The sea preserves in this sequestered nook that
+beautiful tint of bright green, of which marine painters so
+strongly feel the value, but which they can never transfer
+exactly to their canvass; for the eye sees much which the hand
+strives in vain to imitate.</p>
+
+<p>"On the two sides of that marine valley rise two prodigious
+walls of perpendicular rock, of an uniform and sombre hue,
+similar to that of iron ore, after it has issued and cooled
+from the furnace. Not a plant, not a moss can find a slope or a
+crevice wherein to insert its roots, or cover the rocks with
+those waving garlands which so often in Savoy clothe the
+cliffs, where they flower to God alone. Black, naked,
+perpendicular, repelling the eye by their awful aspect&mdash;they
+seem to have been placed there for no other purpose but to
+protect from the sea-breezes the hills of olives and vines,
+which bloom under their shelter; an image of those ruling men
+in a stormy epoch, who seem placed by Providence to bear the
+fury of all the tempests of passion and of time, to screen the
+weaker but happier race of mortals. At the bottom of the bay
+the sea expands a little, assumes a bluer tint as it comes to
+reflect more of the cloudless heavens, and at length its tiny
+waves die away on a bed of violets, as closely netted together
+as the sand upon the shore. If you disembark from the boat, you
+find in the cleft of a neighbouring ravine a fountain of living
+water, which gushes beneath a narrow path formed by the goats,
+which leads up from this sequestered solitude, amidst
+overshadowing fig-trees and oleanders, to the cultivated abodes
+of man. Few scenes struck me so much in my long wanderings. Its
+charm consists in that exquisite union of force and grace,
+which forms the perfection of natural beauty as of the highest
+class of intellectual beings; it is that mysterious hymen of
+the land and the sea, surprised, as it were, in their most
+secret and hidden union. It is the image of perfect calm and
+inaccessible solitude, close to the theatre of tumultuous
+tempests, where their near roar is heard with such terror,
+where their foaming but lessened waves yet break upon the
+shore. It is one of those numerous <i>chefs-d'&oelig;uvre</i> of
+creation which God has scattered over the earth, as if to sport
+with contrasts, but which he conceals so frequently on the
+summit of naked rocks, in the depth of inaccessible ravines, on
+the unapproachable shores of the ocean, like jewels which he
+unveils rarely, and that only to simple beings, to children, to
+shepherds or fishermen, or the devout worshippers of
+nature."&mdash;(I. 73&mdash;74.)</p></div>
+
+<p>This style of description of scenery is peculiar to this age, and in it
+Lamartine may safely be pronounced without a rival in the whole range of
+literature. It was with Scott and<span class='pagenum'><a name="Page_663" id="Page_663">[Pg 663]</a></span> Chateaubriand that the <i>graphic</i>
+style of description arose in England and France; but he has pushed the
+art further than either of his great predecessors. Milton and Thompson
+had long ago indeed, in poetry, painted nature in the most enchanting,
+as well as the truest colours; but in prose little was to be found
+except a general and vague description of a class of objects, as lakes,
+mountains, and rivers, without any specification of features and
+details, so as to convey a definite and distinct impression to the mind
+of the reader. Even the classical mind and refined taste of Addison
+could not attain this graphic style; his descriptions of scenery, like
+that of all prose writers down to the close of the eighteenth century,
+are lost in vague generalities. Like almost all descriptions of battles
+in modern times, they are so like each other that you cannot distinguish
+one from the other. Scott and Chateaubriand, when they did apply their
+great powers to the delineation of nature, were incomparably faithful,
+as well as powerfully imaginative; but such descriptions were, for the
+most part, but a secondary object with them. The human heart was their
+great study; the vicissitudes of life the inexhaustible theme of their
+genius. With Lamartine, again, the description of nature is the primary
+object. It is to convey a vivid impression of the scenes he has visited
+that he has written; to kindle in his reader's mind the train of emotion
+and association which their contemplation awakened in his own, that he
+has exerted all his powers. He is much more laboured and minute, in
+consequence, than either of his predecessors; he records the tints, the
+forms, the lights, the transient effects, with all a painter's
+enthusiasm and all a poet's power; and succeeds, in any mind at all
+familiar with the objects of nature, in conjuring up images as vivid,
+sometimes perhaps more beautiful, than the originals which he portrayed.</p>
+
+<p>From the greatness of his powers, however, in this respect, and the
+facility with which he commits to paper the whole features of the
+splendid phantasmagoria with which his memory is stored, arises the
+principal defect of his work; and the circumstance which has hitherto
+prevented it, in this country at least, from acquiring general
+popularity commensurate to its transcendent merits. He is too rich in
+glowing images; his descriptions are redundant in number and beauty. The
+mind even of the most imaginative reader is fatigued by the constant
+drain upon its admiration&mdash;the fancy is exhausted in the perpetual
+effort to conceive the scenes which he portrays to the eye. Images of
+beauty enough are to be found in his four volumes of <i>Travels in the
+East</i>, to emblazon, with the brightest colours of the rainbow, forty
+volumes of ordinary adventure. We long for some repose amidst the
+constant repetition of dazzling objects; monotony, insipidity, ordinary
+life, even dulness itself, would often be a relief amidst the ceaseless
+flow of rousing images. Sir Walter Scott says, in one of his novels&mdash;"Be
+assured that whenever I am particularly dull, it is not without an
+object;" and Lamartine would sometimes be the better of following the
+advice. We generally close one of his volumes with the feeling so well
+known to travellers in the Italian cities, "I hope to God there is
+nothing more to be seen here." And having given the necessary respite of
+unexciting disquisition to rest our readers' minds, we shall again bring
+forward one of his glowing pictures:&mdash;</p>
+
+<div class="blockquot"><p>"Between the sea and the last heights of Lebanon, which sink
+rapidly almost to the water's edge, extends a plain eight
+leagues in length by one or two broad; sandy, bare, covered
+only with thorny arbutus, browsed by the camels of caravans.
+From it darts out into the sea an advanced peninsula, linked to
+the continent only by a narrow <i>chauss&eacute;e</i> of shining sand,
+borne hither by the winds of Egypt. Tyre, now called Sour by
+the Arabs, is situated at the extremity of this peninsula, and
+seems, at a distance, to rise out of the waves. The modern
+town, at first sight, has a gay and smiling appearance; but a
+nearer approach dispels the illusion, and exhibits only a few
+hundred crumbling and half-deserted houses, where the Arabs, in
+the evening, assemble to shelter their flocks which have
+browsed in the narrow plain. Such is all that now remains of
+the mighty Tyre. It has neither a harbour to the sea, nor a
+road to the land; the prophecies have long been accomplished in
+regard to it.<span class='pagenum'><a name="Page_664" id="Page_664">[Pg 664]</a></span></p>
+
+<p>"We moved on in silence, buried in the contemplation of the
+dust of an empire which we trod. We followed a path in the
+middle of the plain of Tyre, between the town and the hills of
+grey and naked rock which Lebanon has thrown down towards the
+sea. We arrived abreast of the city, and touched a mound of
+sand which appears the sole remaining rampart to prevent it
+from being overwhelmed by the waves of the ocean or the desert.
+I thought of the prophecies, and called to mind some of the
+eloquent denunciations of Ezekiel. As I was making these
+reflections, some objects, black, gigantic, and motionless,
+appeared upon the summit of one of the overhanging cliffs of
+Lebanon, which there advanced far into the plain. They
+resembled five black statues, placed on a rock as their huge
+pedestal. At first we thought it was five Bedouins, who were
+there stationed to fire upon us from their inaccessible
+heights; but when we were at the distance of fifty yards, we
+beheld one of them open its enormous wings, and flap them
+against its sides with a sound like the unfurling of a sail. We
+then perceived that they were five eagles of the largest
+species I have ever seen, either in the Alps or our museums.
+They made no attempt to move when we approached; they seemed to
+regard themselves as kings of the desert, looked on Tyre as an
+appanage which belonged to them, and whither they were about to
+return. Nothing more supernatural ever met my eyes; I could
+almost suppose that behind them I saw the terrible figure of
+Ezekiel, the poet of vengeance, pointing to the devoted city
+which the divine wrath had overwhelmed with destruction. The
+discharge of a few muskets made them rise from their rock: but
+they showed no disposition to move from their ominous perch,
+and, soon returning, floated over our heads, regardless of the
+shots fired at them, as if the eagles of God were beyond the
+reach of human injury."&mdash;(II. 8-9.)</p></div>
+
+<p>Jerusalem was a subject to awaken all our author's enthusiasm, and call
+forth all his descriptive powers. The first approach to it has exercised
+the talents of many writers in prose and verse; but none has drawn it in
+such graphic and brilliant colours as our author:&mdash;</p>
+
+<div class="blockquot"><p>"We ascended a mountain ridge, strewed over with enormous grey
+rocks, piled one on another as if by human hands. Here and
+there a few stunted vines, yellow with the colour of autumn,
+crept along the soil in a few places cleared out in the
+wilderness. Fig-trees, with their tops withered or shivered by
+the blasts, often edged the vines, and cast their black fruit
+on the grey rock. On our right, the desert of St John, where
+formerly 'the voice was heard crying in the wilderness,' sank
+like an abyss in the midst of five or six black mountains,
+through the openings of which, the sea of Egypt, overspread
+with a dark cloud, could still be discerned. On the left, and
+near the eye, was an old tower, placed on the top of a
+projecting eminence; other ruins, apparently of an ancient
+aqueduct, descended from that tower, overgrown with verdure,
+now in the sear leaf; that tower is Modin, the stronghold and
+tomb of the last heroes of sacred story, the Maccabees. We left
+behind us the ruins, resplendent with the first rays of the
+morning&mdash;rays, not blended as in Europe in a confused and vague
+illumination, but darting like arrows of fire tinted with
+various colours, issuing from a dazzling centre, and diverging
+over the whole heavens as they expand. Some were of blue,
+slightly silvered, others of pure white, some of tender
+rose-hue, melting into grey; many of burning fire, like the
+coruscations of a flaming conflagration. All were distinct, yet
+all united in one harmonious whole, forming a resplendent arch
+in the heavens, encircling, and issuing from a centre of fire.
+In proportion as the day advanced, the brilliant light of these
+separate rays was gradually dimmed&mdash;or rather, they were
+blended together, and composed the colourless light of day.
+Then the moon, which still shone overhead, 'paled her
+ineffectual fire,' and melted away in the general illumination
+of the heavens.</p>
+
+<p>"After having ascended a second ridge, more lofty and naked
+than the former, the horizon suddenly opens to the right, and
+presents a view of all the country which extends between the
+last summits of Judea and the mountains of Arabia. It was
+already flooded with the increasing light of the morning; but
+beyond the piles of grey rock which lay in the foreground,
+nothing was distinctly visible but a dazzling space, like a
+vast sea, interspersed with a few islands of shade, which stood
+forth in the brilliant surface. On the shores of that imaginary
+ocean, a little to the left, and about a league distant, the
+sun shone with uncommon brilliancy on a<span class='pagenum'><a name="Page_665" id="Page_665">[Pg 665]</a></span> massy tower, a lofty
+minaret, and some edifices, which crowned the summit of a low
+hill of which you could not see the bottom. Soon the points of
+other minarets, a few loopholed walls, and the dark summits of
+several domes, which successively came into view, and fringed
+the descending slope of the hill, announced a city. It was
+<span class="smcap">Jerusalem</span>, and every one of the party, without addressing a
+word to the guides or to each other, enjoyed in silence the
+entrancing spectacle. We rested our horses to contemplate that
+mysterious and dazzling apparition; but when we moved on, it
+was soon snatched from our view; for as we descended the hill,
+and plunged into the deep and profound valley which lay at its
+feet, we lost sight of the holy city, and were surrounded only
+by the solitude and desolation of the desert."&mdash;(II. 163-165.)</p></div>
+
+
+<p>The environs of Jerusalem are described with equal force by the same
+master-hand:&mdash;</p>
+
+<div class="blockquot"><p>"The general aspect of the environs of Jerusalem may be
+described in a few words. Mountains without shade, and valleys
+without water&mdash;the earth without verdure, rocks without
+grandeur. Here and there a few blocks of grey stone start up
+out of the dry and fissured earth, between which, beneath the
+shade of an old fig-tree, a gazelle or a hy&aelig;na are occasionally
+seen to emerge from the fissures of the rock. A few plants or
+vines creep over the surface of that grey and parched soil; in
+the distance, is occasionally seen a grove of olive-trees,
+casting a shade over the arid side of the mountain&mdash;the
+mouldering walls and towers of the city appearing from afar on
+the summit of Mount Sion. Such is the general character of the
+country. The sky is ever pure, bright, and cloudless; never
+does even the slightest film of mist obscure the purple tint of
+evening and morning. On the side of Arabia, a wide gulf opens
+amidst the black ridges, and presents a vista of the shining
+surface of the Dead Sea, and the violet summits of the
+mountains of Moab. Rarely is a breath of air heard to murmur,
+in the fissures of the rocks, or among the branches of the aged
+olives; not a bird sings, nor an insect chirps in the waterless
+furrows. Silence reigns universally, in the city, in the roads,
+in the fields. Such was Jerusalem during all the time that we
+spent within its walls. Not a sound ever met our ears, but the
+neighing of the horses, who grew impatient under the burning
+rays of the sun, or who furrowed the earth with their feet, as
+they stood picketed round our camp, mingled occasionally with
+the crying of the hour from the minarets, or the mournful
+cadences of the Turks as they accompanied the dead to their
+cemeteries. Jerusalem, to which the world hastens to visit a
+sepulchre, is itself a vast tomb of a people; but it is a tomb
+without cypresses, without inscriptions, without monuments, of
+which they have broken the gravestones, and the ashes of which
+appear to cover the earth which surrounds it with mourning,
+silence, and sterility. We cast our eyes back frequently from
+the top of every hill which we passed on this mournful and
+desolate region, and at length we saw for the last time, the
+crown of olives which surmounts the Mount of the same name, and
+which long rises above the horizon after you have lost sight of
+the town itself. At length it also sank beneath the rocky
+screen, and disappeared like the chaplets of flowers which we
+throw on a sepulchre."&mdash;(II. 275-276.)</p></div>
+
+<p>From Jerusalem he made an expedition to Balbec in the desert, which
+produced the same impression upon him that it does upon all other
+travellers:&mdash;</p>
+
+<div class="blockquot"><p>"We rose with the sun, the first rays of which struck on the
+temples of Balbec, and gave to those mysterious ruins that
+<i>ecl&acirc;t</i> which his brilliant light throws ever over ruins which
+it illuminates. Soon we arrived, on the northern side, at the
+foot of the gigantic walls which surround those beautiful
+remains. A clear stream, flowing over a bed of granite,
+murmured around the enormous blocks of stone, fallen from the
+top of the wall which obstructed its course. Beautiful
+sculptures were half concealed in the limpid stream. We passed
+the rivulet by an arch formed by these fallen remains, and
+mounting a narrow breach, were soon lost in admiration of the
+scene which surrounded us. At every step a fresh exclamation of
+surprise broke from our lips. Every one of the stones of which
+that wall was composed was from eight to ten feet in length, by
+five or six in breadth, and as much in height. They rest,
+without cement, one upon the other, and almost all bear the
+mark of Indian or Egyptian sculpture. At a single glance, you
+see that these enormous stones are not placed in their original
+site&mdash;that they are the precious remains of temples of still
+more<span class='pagenum'><a name="Page_666" id="Page_666">[Pg 666]</a></span> remote antiquity, which were made use of to encircle this
+colony of Grecian and Roman citizens.</p>
+
+<p>"When we reached the summit of the breach, our eyes knew not to
+what object first to turn. On all sides were gates of marble of
+prodigious height and magnitude; windows, or niches, fringed
+with the richest friezes; fallen pieces of cornices, of
+entablatures, or capitals, thick as the dust beneath our feet;
+magnificent vaulted roofs above our heads; every where a chaos
+of confused beauty, the remains of which lay scattered about,
+or piled on each other in endless variety. So prodigious was
+the accumulation of architectural remains, that it defies all
+attempt at classification, or conjecture of the kind of
+buildings to which the greater part of them had belonged. After
+passing through this scene of ruined magnificence, we reached
+an inner wall, which we also ascended; and from its summit the
+view of the interior was yet more splendid. Of much greater
+extent, far more richly decorated than the outer circle, it
+presented an immense platform in the form of a long rectangle,
+the level surface of which was frequently broken by the remains
+of still more elevated pavements, on which temples to the sun,
+the object of adoration at Balbec, had been erected. All around
+that platform were a series of lesser temples&mdash;or chapels, as
+we should call them&mdash;decorated with niches, admirably engraved,
+and loaded with sculptured ornaments to a degree that appeared
+excessive to those who had seen the severe simplicity of the
+Parthenon or the Coliseum. But how prodigious the accumulation
+of architectural riches in the middle of an eastern desert!
+Combine in imagination the Temple of Jupiter Stator and the
+Coliseum at Rome, of Jupiter Olympius and the Acropolis at
+Athens, and you will yet fall short of that marvellous
+assemblage of admirable edifices and sculptures. Many of the
+temples rest on columns seventy feet in height, and seven feet
+in diameter, yet composed only of two or three blocks of stone,
+so perfectly joined together that to this day you can barely
+discern the lines of their junction. Silence is the only
+language which befits man when words are inadequate to convey
+his impressions. We remained mute with admiration, gazing on
+the eternal ruins.</p>
+
+<p>"The shades of night overtook us while we yet rested in
+amazement at the scene by which we were surrounded. One by one
+they enveloped the columns in their obscurity, and added a
+mystery the more to that magical and mysterious work of time
+and man. We appeared, as compared with the gigantic mass and
+long duration of these monuments, as the swallows which nestle
+a season in the crevices of the capitals, without knowing by
+whom, or for whom, they have been constructed. The thoughts,
+the wishes, which moved these masses, are to us unknown. The
+dust of marble which we tread beneath our feet knows more of it
+than we do, but it cannot tell us what it has seen; and in a
+few ages the generations which shall come in their turn to
+visit our monuments, will ask, in like manner, wherefore we
+have built and engraved. The works of man survive his thought.
+Movement is the law of the human mind; the definite is the
+dream of his pride and his ignorance. God is a limit which
+appears ever to recede as humanity approaches him: we are ever
+advancing, and never arrive. This great Divine Figure which man
+from his infancy is ever striving to reach, and to imprison in
+his structures raised by hands, for ever enlarges and expands;
+it outsteps the narrow limits of temples, and leaves the altars
+to crumble into dust; and calls man to seek for it where alone
+it resides&mdash;in thought, in intelligence, in virtue, in nature,
+in infinity."&mdash;(II. 39, 46, 47.)</p></div>
+
+<p>This passage conveys an idea of the peculiar style, and perhaps unique
+charm, of Lamartine's work. It is the mixture of vivid painting with
+moral reflection&mdash;of nature with sentiment&mdash;of sensibility to beauty,
+with gratitude to its Author, which constitutes its great attraction.
+Considering in what spirit the French Revolution was cradled, and from
+what infidelity it arose, it is consoling to see such sentiments
+conceived and published among them. True they are not the sentiments of
+the majority, at least in towns; but what then? The majority is ever
+guided by the thoughts of the great, not in its own but a preceding age.
+It is the opinions of the great among our grandfathers that govern the
+majority at this time; our great men will guide our grandsons. If we
+would foresee what a future age is to think, we must observe what a few
+great men are now thinking. Voltaire and Rousseau have ruled France for
+two generations; the day of Chateaubriand and<span class='pagenum'><a name="Page_667" id="Page_667">[Pg 667]</a></span> Guizot and Lamartine will
+come in due time.</p>
+
+<p>But the extraordinary magnitude of these ruins in the middle of an
+Asiatic wilderness, suggests another consideration. We are perpetually
+speaking of the march of intellect, the vast spread of intelligence, the
+advancing civilization of the world; and in some respects our boasts are
+well founded. Certainly, in one particular, society has made a mighty
+step in advance. The abolition of domestic slavery has emancipated the
+millions who formerly toiled in bondage; the art of printing has
+multiplied an hundredfold the reading and thinking world. Our
+opportunities, therefore, have been prodigiously enlarged; our means of
+elevation are tenfold what they were in ancient times. But has our
+elevation itself kept pace with these enlarged means? Has the increased
+direction of the popular mind to lofty and spiritual objects, the more
+complete subjugation of sense, the enlarged perception of the useful and
+the beautiful, been in proportion to the extended facilities given to
+the great body of the people? Alas! the fact is just the reverse. Balbec
+was a mere station in the desert, without territory, harbour, or
+subjects&mdash;maintained solely by the commerce of the East with Europe
+which flowed through its walls. Yet Balbec raised, in less than a
+century, a more glorious pile of structures devoted to religious and
+lofty objects, than London, Paris, and St Petersburg united can now
+boast. The Decapolis was a small and remote mountain district of
+Palestine, not larger in proportion to the Roman than Morayshire is in
+proportion to the British empire; yet it contained, as its name
+indicates, and as their remains still attest, <i>ten cities</i>, the least
+considerable of which, Gebora, contains, as Buckingham tells us in his
+<i>Travels beyond the Jordan</i>, the ruins of more sumptuous edifices than
+any city in the British islands, London itself not excepted, can now
+boast. It was the same all over the East, and in all the southern
+provinces of the Roman empire. Whence has arisen this astonishing
+disproportion between the great things done by the citizens in ancient
+and in modern times, when in the latter the means of enlarged
+cultivation have been so immeasurably extended? It is in vain to say, it
+is because we have more social and domestic happiness, and our wealth is
+devoted to these objects, not external embellishment. Social and
+domestic happiness are in the direct, not in the inverse ratio of
+general refinement and the spread of intellectual intelligence. The
+domestic duties are better nourished in the temple than in the gin-shop;
+the admirers of sculpture will make better fathers and husbands than the
+lovers of whisky. Is it that we want funds for such undertakings? Why,
+London is richer than ever Rome was; the commerce of the world, not of
+the eastern caravans, flows through its bosom. The sums annually
+squandered in Manchester and Glasgow on intoxicating liquors, would soon
+make them rival the eternal structures of Tadmor and Palmyra. Is it that
+the great bulk of our people are unavoidably chained by their character
+and climate to gross and degrading enjoyments? Is it that the spreading
+of knowledge, intelligence, and free institutions, only confirms the
+sway of sensual gratification, and that a pure and spiritual religion
+tends only to strengthen the fetters of passion and selfishness? Is it
+that the inherent depravity of the human heart appears the more clearly
+as man is emancipated from the fetters of authority? Must we go back to
+early ages for noble and elevated motives of action: is the spread of
+freedom but another word for the extension of brutality? God forbid that
+so melancholy a doctrine should have any foundation in human nature! We
+mention the facts, and leave it to future ages to discover their
+solution: contenting ourselves with pointing out to our self-applauding
+countrymen how much they have to do before they attain the level of
+their advantages, or justify the boundless blessings which Providence
+has bestowed upon them.</p>
+
+<p>The plain of Troy, seen by moonlight, furnishes the subject of one of
+our author's most striking passages:&mdash;</p>
+
+<div class="blockquot"><p>"It is midnight; the sea is calm as a mirror; the vessel floats
+motionless on the resplendent surface. On our left, Tenedos
+rises above the waves, and shuts out the view of the open sea:
+on<span class='pagenum'><a name="Page_668" id="Page_668">[Pg 668]</a></span> our right, and close to us, stretched out like a dark bar,
+the low shore and indented coasts of Troy. The full moon, which
+rises behind the snow-streaked summit of Mount Ida, sheds a
+serene and doubtful light over the summits of the mountains,
+the hills, the plain: its extending rays fall upon the sea, and
+reach the shadow of our brig, forming a bright path which the
+shades do not venture to approach. We can discern the <i>tumuli</i>,
+which tradition still marks as the tombs of Hector and
+Patroclus. The full moon, slightly tinged with red, which
+discloses the undulations of the hills, resembles the bloody
+buckler of Achilles; no light is to be seen on the coast, but a
+distant twinkling, lighted by the shepherds on Mount Ida&mdash;not a
+sound is to be heard but the flapping of the sail on the mast,
+and the slight creaking of the mast itself; all seems dead like
+the past in that deserted land. Seated on the forecastle, I see
+that shore, those mountains, those ruins, those tombs, rise
+like the ghost of the departed world, reappear from the bosom
+of the sea with shadowy form, by the rays of the star of night,
+which sleep on the hills, and disappear as the moon recedes
+behind the summits of the mountains. It is a beautiful
+additional page in the poems of Homer, the end of all history
+and of all poetry! Unknown tombs, ruins without a certain name;
+the earth naked and dark, but imperfectly lighted by the
+immortal luminaries; new spectators passing by the old coast,
+and repeating for the thousandth time the common epitaph of
+mortality! Here lies an empire, here a town, here a people,
+here a hero! God alone is great, and the thought which seeks
+and adores him alone is imperishable upon earth. I feel no
+desire to make a nearer approach in daylight to the doubtful
+remains of the ruins of Troy. I prefer that nocturnal
+apparition, which allows the thought to re-people those
+deserts, and sheds over them only the distant light of the moon
+and of the poetry of Homer. And what concerns me Troy, its
+heroes, and its gods! That leaf of the heroic world is turned
+for ever!"&mdash;(II. 248-250.)</p></div>
+
+<p>What a magnificent testimonial to the genius of Homer, written in a
+foreign tongue, two thousand seven hundred years after his death!</p>
+
+<p>The Dardanelles and the Bosphorus have, from the dawn of letters,
+exercised the descriptive talents of the greatest historians of modern
+Europe. The truthful chronicle of Villehardouin, and the eloquent
+pictures of Gibbon and Sismondi of the siege of Constantinople, will
+immediately occur to every scholar. The following passage, however, will
+show that no subject can be worn out when it is handled by the pen of
+genius:&mdash;</p>
+
+<div class="blockquot"><p>"It was five in the morning, I was standing on deck; we made
+sail towards the mouth of the Bosphorus, skirting the walls of
+Constantinople. After half an hour's navigation through ships
+at anchor, we touched the walls of the seraglio, which prolongs
+those of the city, and form, at the extremity of the hill which
+supports the proud Stamboul, the angle which separates the sea
+of Marmora from the canal of the Bosphorus, and the harbour of
+the Golden Horn. It is there that God and man, nature and art,
+have combined to form the most marvellous spectacle which the
+human eye can behold. I uttered an involuntary cry when the
+magnificent panorama opened upon my sight; I forgot for ever
+the bay of Naples and all its enchantments; to compare any
+thing to that marvellous and graceful combination would be an
+injury to the fairest work of creation.</p>
+
+<p>"The walls which support the circular terraces of the immense
+gardens of the seraglio were on our left, with their base
+perpetually washed by the waters of the Bosphorus, blue and
+limpid as the Rhone at Geneva; the terraces which rise one
+above another to the palace of the Sultana, the gilded cupolas
+of which rose above the gigantic summits of the plane-tree and
+the cypress, were themselves clothed with enormous trees, the
+trunks of which overhang the walls, while their branches,
+overspreading the gardens, spread a deep shadow even far into
+the sea, beneath the protection of which the panting rowers
+repose from their toil. These stately groups of trees are from
+time to time interrupted by palaces, pavilions, kiosks, gilded
+and sculptured domes, or batteries of cannon. These maritime
+palaces form part of the seraglio. You see occasionally through
+the muslin curtains the gilded roofs and sumptuous cornices of
+those abodes of beauty. At every step, elegant Moorish
+fountains fall from the higher parts of the gardens, and murmur
+in marble basins, from whence, before reaching the sea, they
+are conducted in little cascades to refresh the passengers. As
+the vessel coasted the walls, the prospect expanded&mdash;the coast
+of Asia appeared, and<span class='pagenum'><a name="Page_669" id="Page_669">[Pg 669]</a></span> the mouth of the Bosphorus, properly so
+called, began to open between hills, on one side of dark green,
+on the other of smiling verdure, which seemed variegated by all
+the colours of the rainbow. The smiling shores of Asia, distant
+about a mile, stretched out to our right, surmounted by lofty
+hills, sharp at the top, and clothed to the summit with dark
+forests, with their sides varied by hedge-rows, villas,
+orchards, and gardens. Deep precipitous ravines occasionally
+descended on this side into the sea, overshadowed by huge
+overgrown oaks, the branches of which dipped into the water.
+Further on still, on the Asiatic side, an advanced headland
+projected into the waves, covered with white houses&mdash;it was
+Scutari, with its vast white barracks, its resplendent mosques,
+its animated quays, forming a vast city. Further still, the
+Bosphorus, like a deeply imbedded river, opened between
+opposing mountains&mdash;the advancing promontories and receding
+bays of which, clothed to the water's edge with forests,
+exhibited a confused assemblage of masts of vessels, shady
+groves, noble palaces, hanging gardens, and tranquil havens.</p>
+
+<p>"The harbour of Constantinople is not, properly speaking, a
+port. It is rather a great river like the Thames, shut in on
+either side by hills covered with houses, and covered by
+innumerable lines of ships lying at anchor along the quays.
+Vessels of every description are to be seen there, from the
+Arabian bark, the prow of which is raised, and darts along like
+the ancient galleys, to the ship of the line, with three decks,
+and its sides studded with brazen mouths. Multitudes of Turkish
+barks circulate through that forest of masts, serving the
+purpose of carriages in that maritime city, and disturb in
+their swift progress through the waves, clouds of alabastros,
+which, like beautiful white pigeons, rise from the sea on their
+approach, to descend and repose again on the unruffled surface.
+It is impossible to count the vessels which lie on the water
+from the seraglio point to the suburb of Eyoub and the
+delicious valley of the Sweet Waters. The Thames at London
+exhibits nothing comparable to it."&mdash;(II. 262-265.)</p>
+
+<p>"Beautiful as the European side of the Bosphorus is, the
+Asiatic is infinitely more striking. It owes nothing to man,
+but every thing to nature. There is neither a Buyukd&eacute;r&eacute; nor a
+Therapia, nor palaces of ambassadors, nor an Armenian nor Frank
+city; there is nothing but mountains with glens which separate
+them; little valleys enameled with green, which lie at the foot
+of overhanging rocks; torrents which enliven the scene with
+their foam; forests which darken it by their shade, or dip
+their boughs in the waves; a variety of forms, of tints, and of
+foliage, which the pencil of the painter is alike unable to
+represent or the pen of the poet to describe. A few cottages
+perched on the summit of projecting rocks, or sheltered in the
+bosom of a deeply indented bay, alone tell you of the presence
+of man. The evergreen oaks hang in such masses over the waves
+that the boatmen glide under their branches, and often sleep
+cradled in their arms. Such is the character of the coast on
+the Asiatic side as far as the castle of Mahomet II., which
+seems to shut it in as closely as any Swiss lake. Beyond that,
+the character changes; the hills are less rugged, and descend
+in gentler slopes to the water's edge; charming little plains,
+checkered with fruit-trees and shaded by planes, frequently
+open; and the delicious Sweet Waters of Asia exhibit a scene of
+enchantment equal to any described in the Arabian Nights.
+Women, children, and black slaves in every variety of costume
+and colour; veiled ladies from Constantinople; cattle and
+buffaloes ruminating in the pastures; Arab horses clothed in
+the most sumptuous trappings of velvet and gold; ca&iuml;ques filled
+with Armenian and Circassian young women, seated under the
+shade or playing with their children, some of the most
+ravishing beauty, form a scene of variety and interest probably
+unique in the world." (III. 331-332.)</p></div>
+
+<p>These are the details of the piece: here is the general impression:&mdash;</p>
+
+<div class="blockquot"><p>"One evening, by the light of a splendid moon, which was
+reflected from the sea of Marmora, and the violet summits of
+Mount Olympus, I sat alone under the cypresses of the 'Ladders
+of the Dead;' those cypresses which overshadow innumerable
+tombs of Mussulmans, and descend from the heights of Pera to
+the shores of the sea. No one ever passes at that hour: you
+would suppose yourself an hundred miles from the capital, if a
+confused hum, wafted by the wind, was not occasionally heard,
+which speedily died away among the branches of the cypress.
+These sounds weakened by distance; the songs of the sailors in
+the vessels; the stroke of the<span class='pagenum'><a name="Page_670" id="Page_670">[Pg 670]</a></span> oars in the water; the drums of
+the military bands in the barracks; the songs of the women who
+lulled their children to sleep; the cries of the muetzlim, who,
+from the summits of the minarets, called the faithful to
+evening prayers; the evening gun which boomed across the
+Bosphorus, the signal of repose to the fleet&mdash;all these sounds
+combined to form one confused murmur, which strangely
+contrasted with the perfect silence around me, and produced the
+deepest impression. The seraglio, with its vast peninsula, dark
+with plane-trees and cypresses, stood forth like a promontory
+of forests between the two seas which slept beneath my eyes.
+The moon shone on the numerous kiosks; and the old walls of the
+palace of Amurath stood forth like huge rocks from the obscure
+gloom of the plane-trees. Before me was the scene, in my mind
+was the recollection, of all the glorious and sinister events
+which had there taken place. The impression was the strongest,
+the most overwhelming, which a sensitive mind could receive.
+All was there mingled&mdash;man and God, society and nature, mental
+agitation, the melancholy repose of thought. I know not whether
+I participated in the great movement of associated beings who
+enjoy or suffer in that mighty assemblage, or in that nocturnal
+slumber of the elements, which murmured thus, and raised the
+mind above the cares of cities and empires into the bosom of
+nature and of God."&mdash;(III. 283-284.)</p></div>
+
+<p>"Il faut du tems," says Voltaire, "pourque les grandes reputations
+murissent." As a describer of nature, we place Lamartine at the head of
+all writers, ancient or modern&mdash;above Scott or Chateaubriand, Madame de
+Sta&euml;l or Humboldt. He aims at a different object from any of these great
+writers. He does not, like them, describe the emotion produced on the
+mind by the contemplation of nature; he paints the objects in the scene
+itself, their colours and traits, their forms and substance, their
+lights and shadows. A painter following exactly what he portrays, would
+make a glorious gallery of landscapes. He is, moreover, a charming poet,
+an eloquent debater, and has written many able and important works on
+politics; yet we never recollect, during the last twenty years, to have
+heard his name mentioned in English society except once, when an old and
+caustic, but most able judge, now no more, said, "I have been reading
+Lamartine's <i>Travels in the East</i>&mdash;it seems a perfect rhapsody."</p>
+
+<p>We must not suppose, however, from this, that the English nation is
+incapable of appreciating the highest degree of eminence in the fine
+arts, or that we are never destined to rise to excellence in any but the
+mechanical. It is the multitude of subordinate writers of moderate merit
+who obstruct all the avenues to great distinction, which really
+occasions the phenomenon. Strange as it may appear, it is a fact
+abundantly proved by literary history, and which may be verified by
+every day's experience, that men are in general insensible to the
+highest class of intellectual merit when it first appears; and that it
+is by slow degrees and the opinion oft repeated, of the really superior
+in successive generations, that it is at length raised to its deserved
+and lasting pedestal. There are instances to the contrary, such as Scott
+and Byron: but they are the exceptions, not the rule. We seldom do
+justice but to the dead. Contemporary jealousy, literary envy, general
+timidity, the dread of ridicule, the confusion of rival works, form so
+many obstacles to the speedy acquisition of a great living reputation.
+To the illustrious of past ages, however, we pay an universal and
+willing homage. Contemporary genius appears with a twinkling and
+uncertain glow, like the shifting and confused lights of a great city
+seen at night from a distance: while the spirits of the dead shine with
+an imperishable lustre, far removed in the upper firmament from the
+distractions of the rivalry of a lower world.</p>
+
+<div class="footnotes"><h3>FOOTNOTES:</h3>
+
+<div class="footnote"><p><a name="Footnote_46_46" id="Footnote_46_46"></a><a href="#FNanchor_46_46"><span class="label">[46]</span></a> We have translated all the passages ourselves: the
+versions hitherto published in this country give, as most English
+translations of French works do, a most imperfect idea of the original.</p></div>
+<hr style='width: 45%;' />
+
+<p><i>Edinburgh: Printed by Ballantyne and Hughes, Paul's Work.</i></p>
+
+
+
+</div>
+
+
+
+
+
+
+
+<pre>
+
+
+
+
+
+End of the Project Gutenberg EBook of Blackwood's Edinburgh Magazine, Volume
+56, Number 349, November, 1844, by Various
+
+*** END OF THIS PROJECT GUTENBERG EBOOK BLACKWOOD'S MAGAZINE, NOV 1844 ***
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+</pre>
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+</body>
+</html>
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+The Project Gutenberg EBook of Blackwood's Edinburgh Magazine, Volume 56,
+Number 349, November, 1844, by Various
+
+This eBook is for the use of anyone anywhere at no cost and with
+almost no restrictions whatsoever.  You may copy it, give it away or
+re-use it under the terms of the Project Gutenberg License included
+with this eBook or online at www.gutenberg.org
+
+
+Title: Blackwood's Edinburgh Magazine, Volume 56, Number 349, November, 1844
+
+Author: Various
+
+Release Date: March 16, 2009 [EBook #28342]
+
+Language: English
+
+Character set encoding: ASCII
+
+*** START OF THIS PROJECT GUTENBERG EBOOK BLACKWOOD'S MAGAZINE, NOV 1844 ***
+
+
+
+
+Produced by Brendan OConnor, Jonathan Ingram, Josephine
+Paolucci and the Online Distributed Proofreading Team at
+https://www.pgdp.net. (This file was produced from images
+generously made available by The Internet Library of Early
+Journals.)
+
+
+
+
+
+
+
+
+
+BLACKWOOD'S
+
+EDINBURGH MAGAZINE.
+
+No. CCCXLIX. NOVEMBER, 1844. VOL. LVI.
+
+
+
+
+CONTENTS
+
+
+THE O'CONNELL CASE,                                          539
+
+MY COLLEGE FRIENDS. NO. 1. JOHN BROWN,                       569
+
+THE TOMBLESS MAN. BY DELTA,                                  583
+
+FRENCH SOCIALISTS,                                           588
+
+MARSTON; OR, THE MEMOIRS OF A STATESMAN. PART XIV.,          601
+
+SONNET TO CLARKSON,                                          619
+
+LETTER FROM THE RIGHT HON. CHARLES HOPE,                     620
+
+POEMS BY ELIZABETH B. BARRETT,                               621
+
+UP STREAM; OR, STEAM-BOAT REMINISCENCES,                     640
+
+WESTMINSTER HALL AND THE WORKS OF ART,                       652
+
+LINES ON THE LANDING OF HIS MAJESTY KING LOUIS PHILIPPE,     654
+
+LAMARTINE,                                                   657
+
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+
+BLACKWOOD'S EDINBURGH MAGAZINE.
+
+No. CCCXLIX NOVEMBER, 1844. VOL. LVI.
+
+
+
+
+THE O'CONNELL CASE--WAS THE JUDGMENT RIGHTLY REVERSED?
+
+
+The astounding issue of the Irish State trials will constitute a
+conspicuous and mortifying event in the history of the times. A gigantic
+conspiracy for the dismemberment of the empire was boldly encountered at
+its highest point of development by the energy of the common law of the
+land, as administered in the ordinary courts of justice. That law,
+itself certainly intricate and involved, had to deal with facts of
+almost unprecedented complication and difficulty; but after a long and
+desperate struggle, the law triumphed over every obstacle that could be
+opposed to it by tortuous and pertinacious ingenuity: the case was
+correctly charged before the jury; most clearly established in evidence,
+so as to satisfy not them only, but all mankind; the jury returned a
+just verdict of guilty against all the parties charged--the court passed
+judgment in conformity with that verdict, awarding to the offenders a
+serious but temperate measure of punishment--imprisonment, fine, and
+security for good behaviour. The sentence was instantly carried into
+effect--
+
+    "And Justice said--I'm satisfied."
+
+But, behold! a last desperate throw of the dice from the prison-house--a
+speculative and desponding appeal to the proverbial uncertainty of the
+law; and, to the unspeakable amazement and disgust of the country, an
+alleged technical slip in the conduct of the proceedings, not touching
+or even approaching, the established MERITS of the case either in fact
+or law, has been held, by the highest tribunal in the land, sufficient
+to nullify the whole which had been done, and to restore to liberty the
+dangerous delinquents, reveling in misrepresentation and falsehood
+concerning the grounds of their escape on punishment--in their delirium
+of delight and triumph, even threatening an IMPEACHMENT against the
+officers of the crown, against even the judges of the land, for the part
+they have borne in these reversed proceedings!
+
+Making all due allowance for these extravagant fooleries, it is obvious
+that the event which has given rise to them is one calculated to excite
+profound concern, and very great _curiosity_. The most sober and
+thoughtful observers are conscious of feeling lively indignation at the
+spectacle of justice defeated by a technical objection; and public
+attention has been attracted to certain topics of the very highest
+importance and delicacy, arising out of this grievous miscarriage. They
+are all involved in the discussion of the question placed at the head of
+this article; and to that discussion we propose to address ourselves in
+spirit of calmness, freedom, and candour. We have paid close attention
+to this remarkable and harassing case from first to last, and had
+sufficient opportunities of acquainting ourselves with its exact legal
+position. We deem it of great importance to enable our readers, whether
+lay or professional, to form, with moderate attention, a sound judgment
+for themselves upon questions which may possibly become the subject of
+early parliamentary discussion--Whether the recent decision of the House
+of Lords, a very bold one unquestionably, was nevertheless a correct
+one, and consequently entitling the tribunal by whom it was pronounced,
+to the continued respect and confidence of the country? This is, in
+truth, a grave question, of universal concern, of permanent interest,
+and requiring a fearless, an honest, and a careful examination.
+
+The reversal of the judgment against Mr O'Connell and his companions,
+was received throughout the kingdom with perfect amazement. No one was
+prepared for it. Up to the very last moment, even till Lord Denman had
+in his judgment decisively indicated the conclusion at which he had
+arrived on the main point in the case, we have the best reason for
+believing that there was not a single person in the House of Lords--with
+the possible exception of Lords Denman, Cottenham, and Campbell--who
+expected a reversal of the judgment. So much has the public press been
+taken by surprise, that, with the exception of a fierce controversy
+between the _Standard_, and _Morning Herald_, and the _Morning
+Chronicle_, which was conducted with great acuteness and learning, we
+are not aware of any explanation since offered by the leading organs of
+public opinion--the TIMES has preserved a total silence--as to the legal
+sufficiency or insufficiency of the grounds on which this memorable
+judgment of reversal proceeded. We shall endeavour to do so; for while
+it is on this side of the Channel perfectly notorious that the
+traversers have been proved guilty of the enormous misdemeanours with
+which they were charged--guilty in law and guilty in fact--on the other
+side of the Channel we find, since commencing this article, that the
+chief delinquent, Daniel O'Connell, has the amazing audacity, repeatedly
+and deliberately, to declare in public that he has been "ACQUITTED ON
+THE MERITS!" Without pausing to find words which would fitly
+characterize such conduct, we shall content ourselves with the following
+judicial declaration made by Lord Brougham in giving judgment in the
+House of Lords, a declaration heard and necessarily acquiesced in by
+every member of the court:--
+
+"The whole of the learned judges with one voice declare, that on the
+merits, at any rate, they have no doubt at all--that on the great merits
+and substance of the case they are unanimously agreed. That a great
+offence has been committed, and an offence known to and recognisable by
+the law; that a grave offence and crime has been perpetrated, and an
+offence and crime punishable by the admitted and undoubted law of the
+land, none of the learned judges do deny; that counts in the indictment
+to bring the offenders, the criminals, to punishment, are to be found,
+against which no possible exception, technical or substantial, can be
+urged, all are agreed; that these counts, if they stood alone, would be
+amply sufficient to support the sentence of the court below, and that
+that sentence in one which the law warrants, justifies, nay, I will even
+say commands, they all admit. _On these, the great features, the leading
+points, the substance, the very essence of the case, all the learned
+judges without exception, entertain and express one clear, unanimous,
+and unhesitating opinion._" And yet all the proceedings have been
+annulled, and the perpetrators of these great crimes and offences let
+loose again upon society! How comes this to pass? is asked with
+astonishment wherever it is heard of, both in this country--and abroad.
+
+The enquiry we propose is due with reference to the conduct and
+reputation of three great judicial classes--the judges of the Irish
+Queen's Bench: the judges of England: and the judges of the court of
+appeal in the House of Lords. Familiar as the public has been for the
+last twelve months with the Irish State Trials, the proceedings have
+been reported at such great length--in such different forms, and various
+stages--that it is probable that very few except professional readers
+have at this moment a distinct idea of the real nature of the case, as
+from time to time developed before the various tribunals through whose
+ordeal it has passed. We shall endeavour now to extricate the legal
+merits of the case from the meshes of complicated technicalities in
+which they have hitherto been involved, and give an even _elementary_
+exposition of such portions of the proceedings as must be distinctly
+understood, before attempting to form a sound opinion upon the validity
+or invalidity of the grounds upon which alone the judgment has been
+reversed.
+
+The traversers were charged with having committed the offence of
+CONSPIRACY; which, by the universally admitted common law of the land
+for considerably upwards of five hundred years, exists "_where two, or
+more than two, agree to do an illegal act_--that is, to effect something
+in itself unlawful, or to effect by unlawful means something which in
+itself may be indifferent, or even lawful."[1] Such an offence
+constitutes a _misdemeanour_; and for that misdemeanour, and that
+misdemeanour alone, the traversers were _indicted_. The government
+might, as we explained in a former Number,[2] have proceeded by an
+_ex-officio_ information at the suit of the crown, filed by the
+Attorney-General; but in this instance, waiving all the privileges
+appertaining to the kingly office, they appeared before the constituted
+tribunal of the law as the redressers of the public wrongs, invested
+however with no powers or authority beyond the simple rights enjoyed by
+the meanest of its subjects--and preferred an _indictment_: which is "a
+written accusation of one or more persons, of a crime or misdemeanour,
+preferred to and presented on oath by a grand jury."[3] Now, in framing
+an indictment, the following are the principles to be kept in view. They
+were laid down with beautiful precision and terseness by Lord
+Chief-Justice De Grey, in the case of Rex. _v._ Horne--2 Cowper's Rep.
+682.
+
+"The charge must contain such a description of the crime, that the
+_defendant_ may know what crime it is which he is called upon to answer;
+that the _jury_ may appear to be warranted in their conclusion of
+'guilty,' or 'not guilty,' upon the premises delivered to them; and that
+the _court_ may see such a definite crime, that they may apply the
+punishment which the law prescribes."
+
+There may be, and almost always are, several, sometimes many, counts in
+a single indictment; and it is of peculiar importance in the present
+case, to note the _reason_ why several counts are inserted, when the
+indictment contains a charge of only one actual offence. First, when
+there is any doubt as to which is the proper mode, in point of _law_, of
+_describing_ the offence; secondly, lest, although the offence be
+legally described on the face of the indictment, it should be one which
+the _evidence_ would not meet or support. The sole object is, in short,
+to avoid the risk of a frequent and final failure of justice on either
+of the above two grounds. Technically speaking, each of these counts is
+regarded (though all of them really are only varied descriptions of one
+and the same offence) as containing the charge of a distinct offence.[4]
+For precisely the same reason, several counts were, till recently,
+allowed in CIVIL proceedings, although there was only one cause of
+action; but this license got to be so much abused, (occasioning
+expensive prolixity,) that only one count is now permitted for one cause
+of action--a great discretion being allowed to judge, however, by
+statute, of altering the count at the trial, so as to meet the evidence
+then adduced. A similar alteration could not be allowed in criminal
+cases, lest the grand jury should have found a bill for one offence, and
+the defendant be put upon his trial for another. There appear, however,
+insuperable objections to restricting one offence to a single count, in
+respect of the other object, on peril of the perpetual defeat of
+justice. The risk is sufficiently serious in civil cases, where the
+proceedings are drawn so long beforehand, and with such ample time for
+consideration as to the proper mode of stating the case, so as to be
+sufficient in point of law. But criminal proceedings cannot possibly be
+drawn with this deliberate preparation and accurate examination into the
+real facts of the case beforehand; and if the only count
+allowed--excessively difficult as it continually is to secure perfect
+accuracy--should prove defective in point of law, the prisoner, though
+guilty, must either escape scot-free, or become the subject of
+reiterated and abortive prosecution--a gross scandal to the
+administration of justice, and grave injury to the interests of society.
+If these observations be read with attention, and borne in mind, they
+will afford great assistance in forming a clear and correct judgment on
+this remarkably interesting, and, _as regards the future administration
+of justice_, vitally important case. There is yet one other remark
+necessary to be made, and to be borne in mind by the lay reader.
+Adverting to the definition already given of a "conspiracy"--that its
+essence is the MERE AGREEMENT to do an illegal act--it will be plain,
+that where such an agreement has once been shown to have been entered
+into, it is totally immaterial whether the illegal act, or the illegal
+acts, have been _actually done or not_ in pursuance of the conspiracy.
+Where these illegal acts, however, have been done, and can be clearly
+proved, it is usual--but not necessary--to _set them out_ in the
+indictment for a conspiracy. This is called _setting out the overt
+acts_, (and was done in the present instance,) not as any part of the
+conspiracy, but only as statements of _the evidence_ by which the charge
+was to be supported--for the laudable purpose of giving the parties
+notice of the particular facts from which the crown intended to deduce
+the existence of the alleged conspiracy. They consisted, almost
+unavoidably, of a prodigious number of writings, speeches, and
+publications; and these it was which earned for the indictment the title
+of "the _Monster_ Indictment." It occupies fifty-three pages of the
+closely printed folio _appendix_ to the case on the part of the
+crown--each page containing on an average seventy-three lines, each line
+eighteen words; which would extend to _nine hundred and fifty-three
+common law folios_, each containing seventy-two words! The indictment
+itself, however, independently of its ponderous appendages, was of very
+moderate length. It contained eleven counts--and charged A CONSPIRACY of
+a five-fold nature--_i. e._ to do five different acts; and the scheme of
+these counts was this:--the first contained all the five branches of the
+conspiracy--and the subsequent counts took that first count to pieces;
+that is to say, contained the whole or separate portions of it, with
+such modifications as might appear likely to obviate doubts as to their
+_legal_ sufficiency, or meet possible or probable variations in the
+expected _evidence_. The following will be found a correct abstract of
+this important document.
+
+The indictment, as already stated, contained eleven counts, in each of
+which it was charged that the defendants, Daniel O'Connell, John
+O'Connell, Thomas Steele, Thomas Matthew Kay, Charles Gavan Duffy, John
+Gray, and Richard Barrett, the Rev. Peter James Tyrrell, and the Rev.
+Thomas Tierney, unlawfully, maliciously, and seditiously did COMBINE,
+CONSPIRE, CONFEDERATE, and AGREE with each other, and with divers other
+persons unknown, for the purposes in those counts respectively stated.
+
+The FIRST count charged the conspiracy as a conspiracy to do five
+different acts, (that is to say,)
+
+"_First._ To raise and create discontent and disaffection amongst her
+Majesty's subjects, and to excite such subjects to hatred and contempt
+of the government and constitution of the realm as by law established,
+and to unlawful and seditious opposition to the said government and
+constitution.
+
+"_Second._ To stir up jealousies, hatred, and ill-will between
+different classes of her Majesty's subjects, and especially to promote
+amongst her Majesty's subjects in Ireland, feelings of ill-will and
+hostility towards and against her Majesty's subjects in the other parts
+of the United Kingdom, especially in that part of the United Kingdom
+called England.
+
+"_Third._ To excite discontent and disaffection amongst divers of her
+Majesty's subjects serving in her Majesty's army.
+
+"_Fourth._ To cause and procure, and aid and assist in causing and
+procuring, divers subjects of her Majesty _unlawfully_, _maliciously_,
+_and seditiously_ to meet and assemble together in large numbers, at
+various times and at different places within Ireland, for the unlawful
+and seditious purpose of obtaining, by means of the intimidation to be
+thereby caused, and by means of the exhibition and demonstration of
+great physical force at such assemblies and meetings, changes and
+alterations in the government, laws, and constitution of the realm by
+law established.
+
+"_Fifth._ To bring into hatred and disrepute the courts of law
+established in Ireland for the administration of justice, and to
+diminish the confidence of her Majesty's subjects in Ireland in the
+administration of the law therein, _with the intent_ to induce her
+Majesty's subjects to withdraw the adjudication of their differences
+with, and claims upon, each other, from the cognisance of the said
+courts by law established, and to submit the same to the judgment and
+determination of other tribunals to be constituted and contrived for
+that purpose."
+
+[This count sets out as _overt acts_ of the above design, numerous
+_meetings_, _speeches_, and _publications_.]
+
+The SECOND count was the same as the first, _omitting the overt acts_.
+
+The THIRD count was the same as the second, only omitting from the
+_fourth_ charge the words "unlawfully, maliciously, and seditiously."
+
+The FOURTH count was the same as the third, omitting the charge as to
+the army.
+
+The FIFTH count contained the first and second charges set forth in the
+first count, omitting the overt acts.
+
+The SIXTH count contained the fourth charge set forth in the first
+count, omitting the words "unlawfully, maliciously, and seditiously,"
+and the overt acts.
+
+The SEVENTH count was the same as the sixth, _adding_ the words "and
+especially, by the means aforesaid, to bring about and accomplish _a
+dissolution of the legislative union_ now subsisting between Great
+Britain and Ireland."
+
+The EIGHTH count contained the fifth charge set forth in the first
+count, omitting the overt acts.
+
+The NINTH count contained the fifth charge set forth in the first count,
+omitting the intent therein charged, and the overt acts, but _adding_
+the following charge--"And to assume and _usurp the prerogatives of the
+crown_ in the establishment of courts for the administration of law."
+
+The TENTH count was the same as the eighth, omitting _the intent_ stated
+in the fifth charge in the first count.
+
+The ELEVENTH count charged the conspiracy to be, "to _cause and procure
+large numbers of persons to meet and assemble together_ in divers
+places, and at divers times, within Ireland, and by means of unlawful,
+seditious, and inflammatory speeches and addresses, to be made and
+delivered at the said several places, on the said several times,
+respectively, and also by means of the publishing, and causing and
+procuring to be published, to and amongst the subjects of her said
+majesty, divers unlawful, malicious, and seditious writings and
+compositions, _to intimidate the Lords Spiritual and Temporal, and the
+Commons_ of the Parliament of the United Kingdom of Great Britain and
+Ireland, and _thereby_ to effect and bring about changes and alterations
+in the laws and constitution of this realm, as now by law established."
+
+The indictment was laid before the grand jury on the 3d November 1843,
+and, after long deliberation, they returned a true bill late on the 8th
+of November. After a harassing series of almost all kinds of preliminary
+objections, the defendants, on the 22d November, respectively pleaded
+"that they were NOT GUILTY of the premises above laid to his charge, or
+any of them, or any part thereof:"--and on the 16th January 1844, the
+trial commenced at bar, before the full court of Queen's Bench, viz.
+the Right Honourable Edward Pennefather, _Chief-Justice_, and Burton,
+Crampton, and Perrin, _Justices_, and lasted till the 12th February.
+
+The Chief-Justice--a most able and distinguished lawyer--then closed his
+directions to the jury.
+
+"I have put the questions to you in the language of the indictment. It
+lies on the crown to establish--they have undertaken to do so--that the
+traversers, or some of them, are guilty of a conspiracy, such as I have
+already stated to you--a conspiracy consisting of five branches, any one
+of which being brought home, to your satisfaction, to the traversers or
+traverser, in the way imputed, will maintain and establish the charge
+which the crown has undertaken to prove."
+
+The jury were long engaged in discussing their verdict, and came once or
+twice into court with imperfect findings, expressing themselves as
+greatly embarrassed by the complexity and multiplicity of the issues
+submitted to them; on which Mr Justice Crampton, who remained to receive
+the verdict, delivered to them, in a specific form, the issues on which
+they were to find their verdict. They ultimately handed in very
+complicated written findings, the substantial result of which may be
+thus stated: All the defendants were found guilty on the whole of the
+last eight counts of the indictment, viz., the Fourth, Fifth, SIXTH,
+SEVENTH, Eighth, Ninth, Tenth, and Eleventh counts.
+
+Three of the defendants--Daniel O'Connell, Barrett, and Duffy--were also
+found guilty on the whole of the _Third_ count, and on part of the First
+and Second counts--[that is to say, of all the first and second counts,
+except as to causing meetings to assemble "_unlawfully, maliciously, and
+seditiously_."]
+
+Four other of the defendants--John O'Connell, Steele, Ray, and
+Gray--were also found guilty of a part of the First, Second, and Third
+counts--viz., of all, except as to causing meetings to assemble
+_unlawfully, maliciously, and seditiously_, and exciting discontent and
+disaffection in the army.[5]
+
+As soon as these findings had been delivered to the deputy-clerk of the
+crown, and read by him, a copy of them was given to the traversers, and
+the court adjourned till the ensuing term.
+
+It should here be particularly observed, that it has been from time
+immemorial the invariable course, in criminal cases, as soon as the
+verdict has been delivered, however special its form, for the proper
+officer to write on the indictment, in the presence of the court and
+jury, the word "_Guilty_," or "_Not Guilty_," as the case may be, of the
+whole or that portion of the indictment on which the jury may have
+thought fit to find their verdict; and then the judge usually proceeds
+at once to pass judgment, unless he is interrupted by the prisoner's
+counsel rising to move "_in arrest_," or stay of judgment, in
+consequence of some supposed substantial defect in the indictment. But
+observe--it was useless to take this step, unless the counsel could show
+that _the whole indictment_ was insufficient, as disclosing in no part
+of it an offence in contemplation of law. If he were satisfied that
+there was one single good count to be found in it, it would have been
+idle, at this stage of the proceedings, to make the attempt; and it very
+rarely happens that every one of the varied modes of stating the case
+which has been adopted is erroneous and insufficient. If, then, the
+motion was refused, nothing else remained but to pass the sentence,
+which was duly recorded, and properly carried into effect. No formal or
+further entry was made upon the record--matters remaining in _statu
+quo_--unless the party convicted, satisfied that he had good ground for
+doing so, and was able to afford it, determined to bring a writ of
+error. _Then_ it became necessary, in order to obey the command
+contained in the writ of error, to "make up the record"--_i. e._
+formally and in technical detail to complete its narrative of the
+proceedings, in due course of law; for which purpose the verdict would
+be entered in legal form, generally (if such it had been in fact) or
+specially, according to its legal effect, if a special verdict had been
+delivered.
+
+To return, now, to the course of proceedings in the present instance.
+
+After desperate but unsuccessful efforts had been made, in the ensuing
+term, to disturb the verdict, the last step which could be resorted to
+in order to avert the sentence, was adopted--viz., a motion in arrest of
+judgment, on the main ground that the indictment disclosed in _no part_
+of it any indictable offence. It was expressly admitted by the
+traversers' counsel, in making the motion, that if "the indictment did
+disclose, with sufficient certainty, an indictable offence in all OR ANY
+of its counts, the indictment was sufficient;" and it was then
+"contended, that _not one_ of the counts disclosed, with sufficient
+certainty, that the object of the agreement alleged in it was an
+indictable offence." The court, however, was of a different opinion; and
+the Chief-Justice, in delivering his judgment, thus expressed
+himself--"It was boldly and perseveringly urged, that there was no crime
+charged in the indictment. If there was one in any count, or in any part
+of a count, that was sufficient." So said also Mr Justice Burton--"We
+cannot arrest the judgment, if there be _any_ count on which to found
+the judgment"--the other two judges expressly concurring in that
+doctrine; and the whole court decided, moreover, that _all_ the counts
+were sufficient in point of law. They, therefore, refused the motion.
+Had it been granted--had judgment been arrested--all the proceedings
+would have been set aside; but the defendants might have been indicted
+afresh. Let us once more repeat here--what is, indeed, conspicuously
+evident from what has gone before--that at the time when this motion in
+arrest of judgment was discussed and decided in the court below, there
+was no more doubt entertained by any criminal lawyer at the bar, or on
+the bench, in Ireland or England, that if an indictment contained one
+single good count it would sustain a general judgment, though there
+might be fifty bad counts in it, than there is of doubt among
+astronomers, or any one else, whether the earth goes round the sun, or
+the sun round the earth. Had the Irish Court of Queen's Bench held the
+contrary doctrine, it would have been universally scouted for its
+imbecility and ignorance.
+
+Having been called up for _judgment_ on the 30th May, in Trinity term
+last, the defendants were respectively sentenced to fine and
+imprisonment, and to give security to keep the peace, and be of good
+behaviour for seven years; and were at once taken into custody, in
+execution of the sentence. They immediately sued out writs of error,
+_coram nobis_--(_i. e._ error _in fact_, on the ground that the
+witnesses had not been duly sworn before the grand jury, nor their names
+authenticated as required by statute.) The court thereupon formally
+affirmed its judgments. On the 14th June 1844, the defendants (who
+thereby became _plaintiffs_ in error) sued out of the "High Court of
+Parliament" writs of error, to reverse the judgments of the court below.
+On the writ of error being sued out, it became necessary, as already
+intimated, to enter the findings of the jury, according to the true and
+legal effect of such findings, upon the record, which was done
+accordingly--the judges themselves, it should be observed, having
+nothing whatever to do with that matter, which is not within their
+province, but that of the proper officer of the court, who is aided, in
+difficult cases, by the advice and assistance of counsel; and this
+having been done, the following (_inter alia_) appeared upon the face of
+the record:--The eleven counts of the indictment were set out
+_verbatim_; then the findings of the jury, (in accordance with the
+statement of them which will be found _ante_;) and then came the
+following all-important paragraph--the entry of judgment--every word of
+which is to be accurately noted:--
+
+"Whereupon _all and singular the premises being seen and fully
+understood_ by the court of our said Lady the Queen now here, it is
+considered and adjudged by the said court here, that the said Daniel
+O'Connell, FOR HIS OFFENCES AFORESAID, do pay a fine to our Sovereign
+Lady the Queen of two thousand pounds, and be imprisoned," &c., and
+"enter into recognisances to keep the peace, and to be of good behaviour
+for seven years," &c. Corresponding entries were made concerning the
+other defendants respectively.
+
+This Writ of Error, addressed to the Chief-Justice of the Queen's Bench
+in Dublin, reciting (in the usual form) that "MANIFEST ERRORS, it was
+said, had intervened, to the great damage" of the parties concerned;
+commands the Chief-Justice, "distinctly and plainly, _to send under his
+seal the record of proceedings_ and writ, to Us in our present
+Parliament, now holden at Westminster; that the record and proceedings
+aforesaid having been inspected, we may further cause to be done
+thereupon, with the consent of the Lords Spiritual and Temporal, in
+Parliament assembled, for correcting the said errors, what of right, and
+according to the law and customs of this realm, ought to be done." The
+writ of error, accompanied by a transcript of the entire record of the
+proceedings below, having been duly presented to the House of Lords,
+then came the "_assignment of errors,_" prepared by the counsel of the
+plaintiffs in error--being a statement of the grounds for imputing
+"manifest error" to the record; and which in this case were no fewer
+than thirty-four. The Attorney-General, on the part of the crown, put in
+the usual plea, or joinder in error--"_In nullo est erratum;" Anglice_,
+that "_there is no error in the record._" This was in the nature of a
+demurrer,[6] and referred the whole record--and, be it observed,
+_nothing but_ THE RECORD--to the judgment of the House of Lords, as
+constituting the High Court of Parliament. It is a cardinal maxim, that
+upon a writ of error the court _cannot travel out of the record_; they
+can take judicial notice of nothing but what appears upon the face of
+the record, sent up to them for the purpose of being "inspected," to see
+if there be any error _therein._
+
+The judges of England were summoned _to advise_[7] the House of Lords:
+from the _Queen's Bench_, Justices Patteson, Williams, and Coleridge,
+(Lord Denman, the Chief-Justice, sitting in judgment as a peer;) from
+the _Common Pleas_, Chief-Justice Tindal, and Justices Coltman and
+Maule; from the _Exchequer_, Barons Parke, Alderson, and Gurney. Lord
+Chief-Baron Pollock did not attend, having advised the Crown in early
+stages of the case, as Attorney-General: Mr Justice Erskine was ill; and
+the remaining three common law judges, Justices Wightman, Rolfe, and
+Cresswell, were required to preside in the respective courts at _Nisi
+Prius_. With these necessary exceptions, the whole judicial force--so to
+speak--of England assisted in the deliberations of the House of Lords.
+The "_law_" peers who constantly attended, were the Lord Chancellor,
+Lords Brougham, Cottenham, and Campbell. It has been remarked as
+singular, that Lord Langdale (the Master of the Rolls) did not attend in
+his place on so important an occasion, and take his share in the
+responsibility of the decision. Possibly he considered himself not
+qualified by his _equity_ practice and experience to decide upon the
+niceties of criminal pleading. Several lay peers also attended--of whom
+some, particularly Lord Redesdale, attended regularly. The appeal lasted
+for many days, frequently from ten o'clock in the morning till a late
+hour in the evening; but the patience and attention of the peers and
+judges--we speak from personal observation--was exemplary. For the crown
+the case was argued by the English and Irish Attorney-Generals, (Sir W.
+W. Follett and Mr T. B. C. Smith;) for O'Connell and his companions, by
+Sir Thomas Wilde, Mr M. D. Hill, Mr Fitzroy Kelly, and Mr Peacock, all
+of whom evinced a degree of astuteness and learning commensurate with
+the occasion of their exertions. If ever a case was thoroughly
+discussed, it was surely this. If ever "justice to Ireland" was done at
+the expense of the "delay of justice to England," it was on this
+occasion. When the argument had closed, the Lord Chancellor proposed
+written questions, eleven in number, to the judges, who begged for time
+to answer them, which was granted. Seven out of the eleven related to
+the merest technical objections, and which were unanimously declared by
+the judges to be untenable; the law lords (except with reference to the
+sixth question, as to the overruling the challenge to the array)
+concurring in their opinions. Lord Denman here differed with the judges,
+stating that Mr Justice Coleridge also entertained doubts upon the
+subject; Lords Cottenham and Campbell shared their doubts, expressly
+stating, however, that they would not have reversed the proceedings on
+that ground. If they had concurred in reversing the judgment which
+disallowed the challenge to the array, the only effect would have been,
+to order a _venire de novo_, or a new trial. With seven of the
+questions, therefore, we have here no concern, and have infinite
+satisfaction in disencumbering the case of such vexatious trifling--for
+such we consider it--and laying before our readers the remaining four
+questions which tended to raise the SINGLE POINT on which the judgment
+was reversed; a point, be it observed, which was not, as it could not in
+the nature of things have been, made in the court below--arising out of
+proceedings which took place after the court below, having discharged
+their duty, had become _functi officio_. Those questions were,
+respectively, the first, second, third, and last, (the eleventh,) and as
+follow:--
+
+_Question I._--"Are all, or any, and if any, which of the _counts of the
+indictment, bad in law_--so that, if such count or counts stood alone in
+the indictment, _no judgment_ against the defendants could properly be
+entered upon them?"
+
+_Question II._--"Is there any, and if any, what defect in the _findings
+of the jury_ upon the trial of the said indictment, or in the _entering_
+of such findings?"
+
+_Question III._--"Is there any sufficient ground for _reversing the
+judgment_, by reason of any defect in the indictment, or of the
+findings, or entering of the findings, of the jury, upon the said
+indictment?"
+
+_Question XI._--"In an indictment consisting of counts A, B, C, when the
+verdict is, _guilty of all generally_, and the counts A and B are good,
+and the count C is bad; the judgment being, that the defendant, '_for
+his offences aforesaid_,' be fined and imprisoned; which judgment would
+be sufficient in point of law, if confined expressly to counts A and
+B--can such judgment be reversed on a writ of error? Will it make any
+difference whether the punishment be discretionary, as above suggested,
+or a punishment fixed by law?"
+
+The above questions may be stated shortly and substantially thus:--Are
+there any _defective counts_ in the indictment? Any defective _findings_
+of the jury? Any defects in _entering_ the findings? Can judgment be
+reversed on any of these grounds? If one only of several counts in an
+indictment be bad; a verdict given of "guilty" generally; judgment
+awarded against the defendant "for _his offences_ aforesaid," and the
+punishment discretionary--can judgment be reversed on a writ of error?
+The whole matter may now, in fact, be reduced to this single question:
+Can a judgment inflicting fine or imprisonment be reversed by a court of
+error, because that judgment proceeded on an indictment containing both
+_bad and good_ counts, and in respect of which _some_ of the findings of
+the jury were either defective or defectively entered?--Let us now
+listen to the decision of that venerable body of men, who are, in the
+language of our great commentator, "_the depositaries of the laws, the
+living oracles, who must decide in all cases of doubt, and who are bound
+by an oath to decide according to the law of the land._"[8] The
+questions which they had thus to consider, moreover, were not questions
+of rare, subtle, unusual, and speculative, but of an ordinary practical
+character, such as they were concerned with every day of their lives in
+administering the criminal law of the country.
+
+First, then, were there any bad counts in the indictment?
+
+The judges were unanimously of opinion that TWO of the counts were bad,
+or insufficient in law--and two only--which were the SIXTH and SEVENTH
+counts. They hold positively and explicitly, that the remaining NINE
+COUNTS WERE PERFECTLY VALID.
+
+The Chief-Justice (Tindal) thus delivered this unanimous opinion of
+himself and his brethren on this point.[9]
+
+"No serious objection appears to have been made by counsel for the
+prisoners, against the sufficiency of any of the counts prior to the
+sixth. Indeed, there can be no question that the charges contained in
+the FIRST FIVE COUNTS, _do amount in each to the legal offence of
+conspiracy, and are sufficiently described therein_.
+
+"We all concur in opinion as to the EIGHTH, NINTH, and TENTH counts, (no
+doubt whatever having been raised as to the sufficiency of the ELEVENTH
+count,) that the object and purpose of the agreement entered into by the
+defendants and others, as disclosed upon those counts, is an agreement
+for the performance of an act, and the attainment of an object, which is
+a violation of the law of the land."
+
+With reference to the SIXTH and SEVENTH counts, in the form in which
+they stand upon their record, the judges were unanimously of opinion,
+that these counts "did not state the illegal purpose and design of the
+agreement entered into between the defendants, with such proper and
+sufficient _certainty_ as to lead to the _necessary_ conclusion that it
+was an agreement to do an act in violation of the law." They did not
+show what sort of fear was intended by the alleged intimidation, nor
+upon whom it was intended to operate, nor was it alleged that the
+"physical force exhibited" was to be _used_, or _intended_ to be used.
+
+Observed, therefore, on what grounds these two counts--two only out of
+eleven--are held defective: they are deficient in that rigorous
+"_certainty_" now held requisite to constitute a perfectly legal charge
+of crime. To the eye of plain common sense--we submit, with the deepest
+deference, to those who have held otherwise--they distinctly disclose a
+_corpus delicti_; but when stretched upon the agonizing rack of legal
+logic to which they were exposed, it seems that they gave way. The
+degree of "certainty" here insisted upon, would seem to savour a little
+(possibly) of that _nimia subtilitas quae in jure reprobatur; et talis
+certitudo certitudinem confundit_: and which, in the shape of "certainty
+to a certain intent in every particular," is rejected in law, according
+to Lord Coke, (5 _Rep._ 121.) It undoubtedly tends to impose inevitable
+difficulty upon the administration of criminal justice. Sir Matthew Hale
+complained strongly of this "strictness, which has grown to be a blemish
+and inconvenience in the law, and the administration thereof; for that
+more offenders escape by the over-easy ear given to exceptions in
+indictments, than by their own innocence."--12 Hal. P. C. 193; 4 Bla.
+Co. 376. The words, in the present case, are pregnant with irresistible
+"inference" of guilt; an additional word or two, which to us appear
+already implicitly there, as they are actually in the eleventh count,
+would have dispersed every possible film of doubt; and Lord Brougham, in
+giving judgment, appeared to be of this opinion. But now for the general
+result: The indictment contained two imperfect counts, and nine perfect
+counts, distinctly disclosing offences not very far short of treason.
+
+Thus, then, the first question was answered.
+
+To the _second_ question the judges replied unanimously, "that the
+_findings of the jury_ in the first four counts were not authorized by
+the law, and are incorrectly entered on the record." One of the judges,
+however, and a most eminent judge, (Mr Justice Patteson,) being of a
+contrary opinion.
+
+Thus we have it unanimously decided by the judges, whose decision was
+acquiesced in by the House of Lords, that there were two bad counts,
+(the 6th and 7th,) on which there were good findings by the jury, and,
+with the exception of Mr Justice Patteson, four good counts, (the 1st,
+2d, 3d, and 4th,) on which there were bad findings. The effect of this
+twofold error was thus tersely stated by Mr Baron Gurney, and adopted by
+the Lord Chancellor.[10]
+
+"I cannot distinguish between a bad finding on a good count, and a good
+finding on a bad count. They appear to me to amount to precisely the
+same thing--namely, that upon which no judgment can be pronounced. The
+judgment must be taken to have proceeded upon _the concurrence of good
+counts and good findings_, and upon nothing else."
+
+Here, then, at length, it seems that we have hit upon a _blot_--a petty,
+circumscribed blot to be sure, upon a vast surface of otherwise
+unsullied legal sufficiency; but still--in the opinion of the judges--a
+blot.
+
+What was to be held the effect of it? Or had it _any_ effect?
+
+The traversers' counsel, at the bar of the House of Lords, took by
+surprise every one whom they addressed--all their opponents, all the
+judges, all the law lords, and all the legal profession, as soon as they
+had heard of it--by boldly affirming, that if this blot really existed,
+it would invalidate and utterly nullify the whole proceedings from the
+beginning to the end! They hammered away at this point accordingly, hour
+after hour--day after day--with desperate pertinacity; being compelled
+from time to time, during their hopeful argument, to admit, that up to
+that moment the rule or custom which they were seeking to impeach had
+been universally acted upon from time immemorial, to the contrary of
+that for which they were contending. This strange and novel point of
+theirs gave rise to the third and eleventh questions put to the judges.
+These questions are substantially identical, viz., whether a single bad
+count in an indictment on which there has been a general verdict of
+guilty, with judgment accordingly, will entitle the fortunate defendant
+to a reversal of that judgment?
+
+We heard a considerable portion of the argument; and listened to _this_
+part of it with a comfortable consciousness that we beheld, in each
+counsel arguing it, as it were, a viper gnawing a file! If _this_ be
+law, thought we, then have many thousands of injured gentlemen been, in
+all human probability, unjustly hanged, and transported for life or for
+years, been fined, imprisoned, sent to the tread-mill, and publicly
+whipped; for Heaven only knows how many of the counts in the indictments
+against--say Mr Fauntleroy; Messrs Thistlewood, Brunt, Tidd, and Ings;
+Messrs Greenacre, Courvoisier, and many others--have been defective in
+law! How many hundreds are now luxuriating in Norfolk Island who have,
+on this supposition, no just right to be there; and who, had they been
+but _popular_ miscreants, might have collected sufficient funds from
+their friends and admirers to enable them to prove this--to try a fall
+with justice and show her weakness; to overhaul the proceedings against
+them, detect the latent flaws therein, return in triumph to the bosom of
+their families and friends, and exhibit new and greater feats of
+dexterity in their art and mystery! Why should not that "_innocent_"
+convict--now passing over the seas--Mr Barber, on hearing of this
+decision, soon after his arrival at the distant paradise to which he is
+bound, take new heart and remit instructions by the next homeward bound
+ship for a writ of error, in order that he may have _his_ chance of
+detecting a flaw in one of the many counts of _his_ indictment?
+
+But, to be serious again, how stands the case in the present instance?
+Of eleven counts, six must be in legal contemplation expunged from the
+record: FOUR, (the first, second, third, and fourth,) because, though in
+themselves sufficient in law, the findings upon them were technically
+defective; and TWO, (the sixth and seventh,) because they were
+technically defective in point of law, though the findings on them were
+unobjectionable.
+
+Then there remain FIVE PERFECT COUNTS WITH FIVE PERFECT FINDINGS, in the
+opinion of all the judges and of all the law lords; those five _counts_
+containing the gist of the whole charge against O'Connell and his
+confederates--those five _findings_ establishing that the defendants
+were guilty of the offences so laid to their charge. Blot out, then,
+altogether from the record the six counts objectionable on the
+above-mentioned grounds, how are the other five to be got rid of? Thus,
+said the traversers' counsel. We have the entire record before us
+containing all the eleven counts and findings, both good and bad; and we
+find by the language of the record itself, that the judges, in passing
+sentence, _took into consideration all the eleven counts_, as if they
+had been valid counts with valid findings--for the judges expressly
+inflicted punishment on each of the traversers "_for his_ OFFENCES
+_aforesaid_." Is it not therefore plain to demonstration, that the
+measure of punishment was governed by reference to six--_i. e._ a
+majority--of eleven counts, which six counts had no more right to stand
+on the record, entailing liability to punishment on the parties named in
+them, than six of the odes of Horace? The punishment here, moreover,
+being discretionary, and consequently dependent upon, and influenced by,
+the ingredients of guilt, which it appears conclusively that the judges
+took into their consideration?
+
+Such was the general drift of the reasonings of the traversers' counsel.
+What was their effect upon the assembled judges--those experienced and
+authoritative expositors of the law of the land? Why, after nearly two
+months' time taken to consider and ponder over the various points which
+had been started--after anxious consideration and communication one with
+another--they re-appeared in the House of Lords on the 2d of September;
+and, led by one who will be on all hands admitted to be one of the most
+experienced, gifted, profoundly learned, and perfectly impartial and
+independent lawyers that ever presided over a court of justice--Sir
+Nicholas Tindal--SEVEN out of _nine_ of the judges expressed a clear
+unhesitating opinion, that the third and eleventh questions should be
+answered in the negative--viz. that the judgment was in no way
+invalidated--could be in no way impeached, by reason of the defective
+counts and findings. The two dissenting judges who had been _hit_ by the
+arguments of the traversers' counsel, were Baron Parke and Mr Justice
+Coltman--the latter speaking in a confident, the former in a remarkably
+hesitating and doubting tone. The majority consisted of Chief-Justice
+Sir Nicholas Tindal, Mr Justice Patteson, Mr Justice Maule, Mr Justice
+Williams, Mr Baron Gurney, Mr Baron Alderson, and Mr Justice Coleridge.
+
+We have no hesitation in expressing our opinion, that the judgments
+delivered by this majority of the judges stand on the immovable basis of
+sound logic, accurate law, and good sense; and lament that our space
+will not allow us to present our readers with the many striking and
+conclusive reasonings and illustrations with which those judgments
+abound. We can but glance at the _result_--leaving the _process_ to be
+examined at leisure by those so disposed. The artful fallacies of the
+traversers' counsel will be found utterly demolished. The first grand
+conclusion of the judges was thus expressed by the Chief-Justice--
+
+"I conceive it to be the law, that in the case of an indictment, if
+there be ONE GOOD COUNT in an indictment upon which the defendants have
+been declared guilty by proper findings on the record, and a judgment
+given for the crown, imposing a sentence authorized by law to be awarded
+in respect of the particular offence, that such judgment cannot be
+reversed by a writ of error, by reason of one or more of the counts in
+the indictment being bad in point of law."
+
+The main argument of the traversers' counsel was thus disposed of--
+
+"It was urged at your lordships' bar, that all the instances which have
+been brought forward in support of the proposition, that one good count
+will support a general judgment upon an indictment in which there are
+also bad counts, are cases in which there was a motion in _arrest of
+judgment_, not cases where a _writ of error_ has been brought. This may
+be true; for so far as can be ascertained, there is no single instance
+in which a writ of error has been ever brought to reverse a judgment
+upon an indictment, upon this ground of objection. But the very
+circumstance of the refusal by the court to arrest the judgment, where
+such arrest has been prayed on the ground of some defective count
+appearing on the record, and the assigning by the court as the reason
+for such refusal, that there was one good count upon which the judgment
+might be entered up, affords the strongest argument, that they thought
+the judgment, _when entered up_, was irreversible upon a writ of error.
+For such answer could not otherwise have been given; it could have had
+no other effect than to mislead the prosecutor, if the court were
+sensible at the time, that the judgment, when entered up, might
+afterwards be reversed by a court of error."
+
+The grand argument derived from _the language of the judgment_, was thus
+encountered:--
+
+"I interpret the words, 'that the defendant _for his offences_
+aforesaid, be fined and imprisoned,' in their plain literal sense, to
+mean _such offences as are set out in the counts of the indictment which
+are free from objection, and of which the defendant is shown by proper
+findings on the record to have been guilty_--that is in effect the
+offences contained in the fifth and eighth, and all the subsequent
+counts. And I see no objection to the word offences, in the plural,
+being used, whether the several counts last enumerated do intend several
+and distinct offences, or only one offence described in different
+manners in those counts. For whilst the record remains in that shape,
+and unreversed, there can be no objection in point of law, that they
+should be called 'offences' as they appear on the record."
+
+Now, however, let us see the view taken of the matter by Mr Baron
+Parke--a man undoubtedly of acute and powerful mind, as well as accurate
+and extensive learning. It is impossible not to be struck by the tone of
+diffidence which pervades his judgment; and it was _delivered_ in a very
+subdued manner, not usual with that learned judge; occasioned doubtless
+by the pain with which he found himself, on an occasion of such
+transcendent importance, differing from all his brethren but one. He
+commenced by acknowledging the astonishment with which he had heard
+counsel at the bar question the proposition _which he_ (Baron Parke)
+_had always considered_, ever since he had been in the profession,
+_perfectly settled and well established_, viz. that in criminal cases
+one good count, though associated with many bad ones, would,
+nevertheless, suffice to support a general judgment. But "he had been
+induced to _doubt_ whether the rule had not been carried too far, by a
+misunderstanding of the _dicta_ of judges on applications _in arrest of
+judgment_."
+
+To enable the lay reader to appreciate the novel doctrine which has been
+sanctioned in the present case, it is requisite to understand clearly
+the distinction to which we have already briefly adverted, between a
+motion in _arrest of judgment_ and a _writ of error_. When a defendant
+has been found guilty of an offence by the verdict of a jury, judgment
+must follow as a matter of course, "_judgment_ being the sentence of the
+law pronounced by the court upon the matter contained in the
+record."[11] If, however, the defendant can satisfy the court that the
+indictment is entirely defective, he will succeed in "_arresting,_" or
+staying the passing of judgment; but if he cannot, the court will
+proceed to _give judgment_. That judgment having been entered on the
+record, the defendant, if still persuaded that the indictment is
+defective, and consequently the judgment given on it erroneous, has one
+more chance; viz. to _reverse_ the judgment which has been so given, by
+bringing a writ of error before an appellate tribunal. Now, the exact
+proposition for which the traversers' counsel contended was this--that
+the rule that "one good count will sustain a general judgment, though
+there are also bad counts in the indictment," is applicable to that
+stage only of the proceedings at which a motion is made in arrest of
+judgment; _i. e. before the judgment has been actually given_, and not
+to the stage at which a writ of error has been obtained, viz. _after the
+judgment has been actually given_.
+
+This proposition was adopted by Mr Justice Coltman; while Mr Baron
+Parke--for reasons substantially identical with those of Lords Denman,
+Cottenham, and Campbell--declared himself unable to overthrow it.
+
+As to the "opinion that one good count, properly found, will support a
+judgment warranted by it, whatever bad counts there may be," Mr Baron
+Parke said,--"I doubt whether this received opinion is so sufficiently
+established by a course of usage and practical recognition, though
+generally entertained, as to compel its adoption in the present case,
+and prevent me considering its propriety. After much anxious
+consideration, and weighing the difficulties of reconciling such a
+doctrine with principle, I feel so much doubt, that I cannot bring
+myself to concur with the majority of the judges upon this question."
+
+Without for one moment presuming to suggest any invidious comparison, we
+may observe, that whatever may be the learning and ability of the two
+dissenting judges, the majority, with Sir Nicholas Tindal at their head,
+contains some of the most powerful, well-disciplined, long-experienced,
+and learned intellects that ever were devoted to the administration of
+justice, and all of them thoroughly familiar with the law and practice
+in criminal proceedings; and as we have already suggested, no competent
+reader can peruse their judgments without feeling admiration of the
+logical power evinced by them. While Mr Baron Parke "_doubts_" as to the
+soundness of his conclusions, they all express a clear and _decisive_
+opinion as to the existence of the rule or custom in question as a rule
+of law, and as to its reasonableness, utility, and justice.
+
+The reading of these judgments occupied from ten o'clock on the Monday
+morning till three o'clock in the afternoon, when the House adjourned
+till Wednesday; having first ordered the opinions of the judges to be
+printed. There were a considerable number of peers (among whom was the
+Duke of Cambridge) present, and they listened attentively to those whom
+they had summoned to advise them on so great an occasion. Lords
+Brougham, Denman, Cottenham, and Campbell sat near one another on the
+opposition side of the House, each with writing-tables before him; and
+they, together with the Lord Chancellor, appeared to pay close attention
+to what fell from the judges. The House of Lords on these great
+occasions presents a very interesting and impressive appearance. The
+Chancellor sits robed in his usual place, surrounded by the judges, who
+are seated on the woolsacks in the centre of the house, all in their
+full official costume, each rising to read his written judgment. If ever
+man made a magnificent personal appearance among his fellows, it is Lord
+Lyndhurst thus surrounded. At the bar of the house stood, or sat, the
+majority of the counsel engaged on each side, as well as others; and the
+whole space behind was crowded by anxious spectators, conspicuous among
+whom were Messrs Mahoney and Ford, (two tall, stout, shrewd-looking
+men,) the Irish attorneys engaged on behalf of the traversers. They and
+their counsel appeared a trifle less desponding at the conclusion of
+Baron Parke's judgment; but the impression was universal that the
+Chancellor would advise the House to affirm the judgment, in accordance
+with the opinions of so overwhelming a majority of the judges. No one,
+however, could do more than guess the inclination of the law lords, or
+what impression had been made upon them by the opinions of the judges.
+When therefore Wednesday, the day of final judgment upon this memorable
+and agitating case, had arrived, it is difficult to describe the
+excitement and anxiety manifest among all the parties who densely
+crowded the space between the door and the bar of the House. There were,
+of course, none of the judges present, with the exception of Mr Baron
+Rolfe, who, in plain clothes, sat on the steps of the throne, a mere
+private spectator. There were about a dozen peers on the ministerial
+benches, including Lord Wharncliffe, Lord Redesdale, Lord Stradbroke,
+and others; and several peers (including Lord Clanricarde) sat on the
+opposite benches. Lords Cottenham and Campbell sat together, frequently
+in communication with each other, and occasionally with Lord Denman, who
+sat near them, at the cross-benches, busily engaged in referring to
+books and papers. Lord Brougham occupied his usual place, a little
+nearer the bar of the House than Lords Cottenham and Campbell; and on
+the writing-desks of all three lay their written judgments. All the
+law-peers wore a serious and thoughtful expression of countenance--which
+you scrutinized with eager anxiety in vain for any sign of the sort of
+judgments which they had come prepared to deliver. The traversers'
+leading counsel, Sir Thomas Wilde and Mr Hill, both stood at the bar of
+the House in a state of very perceptible suspense and anxiety. The
+Attorney-General for Ireland sat in his usual place--almost motionless,
+as usual, from first to last--very calm, and watching the proceedings
+with deep attention, seldom uttering more than a passing syllable to
+those who sat next to him, _i. e._ the English Solicitor-General, and Mr
+Waddington, and Mr Maule of the Treasury. After judgment had been
+briefly given in Gray's case, a few moments' interval of silence
+elapsed--the silence of suppressed anxiety and expectation. At length
+the Lord Chancellor, who had been sitting with a very thoughtful air for
+a few moments, slowly rose from the woolsack, and advanced to his proper
+post when addressing the House, viz. at about a couple of yards'
+distance to the left of the woolsack. Finding that his robes, or train,
+had in some way got inconveniently disarranged, so as to interfere with
+the freedom of his motions, he occupied several seconds in very calmly
+putting it to rights; and then his tall commanding figure stood before
+you, in all that tranquil grace and dignity of appearance and gesture,
+for which he has ever been so remarkably distinguished. During the whole
+time--exactly an hour--that he was speaking, his voice clear and
+harmonious as usual, and his attitude and gesture characterized by a
+graceful and easy energy, he never once slipped, or even hesitated for
+want of an apt expression; but, on the contrary, invariably hit upon
+_the very_ expression which was the most accurate, appropriate, and
+elegant, for conveying his meaning. He spoke with an air of unusual
+decision, and entirely _extempore_, without the assistance of a single
+memorandum, or note, or law-book: yet the greater portion of his speech
+consisted of very masterly comments on a great number of cases which had
+been cited, in doing which he was as familiar and exactly accurate, in
+stating not only the principles and distinctions involved, but the
+minutest circumstances connected with them, as if the cases had been
+lying open before him! His very first sentence put an end to all doubt
+as to the conclusion at which _he_ had arrived. These were his precise
+words--the last of them uttered with peculiar emphasis:--"My lords, I
+have to move your lordships that the judgment of the court below in this
+case be _affirmed_." He proceeded to compliment the judges on the
+patient and laborious attention and research which they had bestowed
+upon the case. "My lords," said he, "with respect to all the points
+submitted to their consideration, with the exception of one
+question--for in substance it _was_ one question--their opinion and
+judgment have been unanimous. With reference to that one question, seven
+of the learned judges, with the Chief-Justice of the Common Pleas at
+their head, have expressed a distinct, a clear, and decided opinion
+against the objections which were urged. Two other learned judges have
+expressed an adverse opinion. I may be permitted to say--and all who
+were present to hear them must agree with me--that it was an opinion
+accompanied with much doubt and much hesitation. I think, under these
+circumstances, that _unless your lordships are thoroughly and entirely
+satisfied that the opinion of the great majority of the judges was
+founded in palpable error_, your lordships will feel yourselves, in a
+case of this kind, bound by their decision to adhere to and support
+their judgment, and act in conformity with it." After briefly stating
+the only question before them--viz. "whether, there being defective
+counts in the indictment, and other counts with defective findings on
+them, a general judgment can be sustained?"--he proceeded, "Your
+lordships will observe that this is a mere technical question, though, I
+admit, of great importance--never presented to the judges of the court
+below, not calling in question their judgment in substance--but arising
+entirely out of the manner in which that judgment has been entered up,
+by those whose province it was to discharge that particular duty." He
+then made the following decisive and authoritative declaration, which
+all who know the accurate and profound learning and the vast judicial
+experience of the Chancellor will know how to value. "Allow me, my
+lords, to say, that _it has always been considered as a clear, distinct,
+and undoubted principle of the criminal law of England, that in a case
+of this nature a general judgment is sufficient_; and from the first
+moment when I entered the profession, down to the time when I heard the
+question agitated at your lordships' bar, I never heard it called in
+question. I have found it uniformly and constantly acted upon, without
+doubt, without hesitation. I find it in all treatises, in all
+text-writers on the subject--not questioned, not doubted, not qualified,
+but stated broadly and clearly. Now for the first time it has been
+stated--and Mr Baron Parke himself admits that it _is_ for the first
+time--that that rule applies only to motions in arrest of judgment. I
+never before heard of such a limitation. I am quite sure that there is
+no case to sanction it, no decision to warrant it, no authority to be
+cited in support of it. I am quite satisfied, after all I have heard on
+the subject, that there is no ground whatever for the doubt--no ground
+whatever for the exception now insisted upon. * * * It is not NECESSARY
+that the judgment should be awarded _with reference to any particular
+count_. No such decision can be cited. No one not in the confidence of
+the judges can tell in respect of what the judgment was awarded, _except
+with reference to the record itself_. If there be defective counts, does
+it by any means FOLLOW that the judges, in awarding judgment, appointed
+any part of it with reference to the defective counts? There is no
+similarity between the two cases: you cannot reason or argue from one to
+the other. You must assume, UNLESS THE CONTRARY IS DISTINCTLY SHOWN,
+that what the judges have done in that respect is right; that the
+judgment, if there be any part of the record to support it, proceeded
+upon that part. In writs of error, you are not allowed to _conjecture_,
+to decide on _probabilities_, you must look to the record; and unless
+the record itself, on the face of it, shows, not that there _may_ have
+been, but that there HAS been manifest error in the apportioning of the
+punishment, you cannot reverse the judgment. You upon conjecture reverse
+the judgment; and if afterwards you were to consult the very judge by
+whom it had been pronounced, you might find that he had at the time
+taken that very point into consideration. You are therefore running the
+hazard of reversing a judgment on the very grounds which were present to
+the mind of the judge at the moment when that judgment was pronounced."
+As to the statement, that judgment was awarded against each defendant
+"FOR HIS OFFENCES aforesaid,"--thus argued the Chancellor:--
+
+"But independently of this, my lords, let us look at the record itself,
+and see whether, on the face of the record, there is any ground whatever
+for this objection. Every record must be construed according to _its
+legal effect_--according to its legal operation. You cannot travel out
+of the record. Now, what is the judgment? Why, 'that the court adjudges
+the defendant, _for his offences aforesaid_, to be fined and
+imprisoned.' What is an 'OFFENCE' on this record? There are two counts
+defective: but why? Because they charged, according to the unanimous
+opinion of the judges, NO offence. There were _facts_ stated, but not so
+stated as to constitute an indictable offence. When you consider this
+record, then, according to its language and legal interpretation, can
+you say that when there is an award of judgment for the offences on the
+record, that judgment applies to those counts which bear on the face of
+them no offence whatever? That is, my lords, an incongruity, an
+inconsistency, which your lordships will never sanction for one moment.
+The argument which applies to defective counts, applies to valid counts
+on which erroneous findings are entered up. When judgment is given for
+an 'offence' on the record, it is given on the offence of which the
+defendant is properly found guilty; and he is _not_ found guilty on
+those counts on which the erroneous findings are entered up. My lords,
+the conclusion to which I come on the record is, that when the judgment
+is awarded 'for the offences aforesaid', it must be confined to those
+offences stated on the record which are offences in the eye of the law,
+and of which the defendant has been found guilty by the law--namely,
+those offences on which the finding was properly made. It is not,
+however, necessary to rest upon that: but if it were, I am of opinion,
+and I state it to your lordships, that in this case, the record,
+considered according to the proper and legal acceptation and force of
+the terms--and that is the only way in which a local record can be
+properly considered--must be taken as containing an award of judgment
+for those offences only which are properly laid, and of which the
+parties have been found guilty. On the face, therefore, of the record
+itself, there is no defect whatever in this case."
+
+His lordship, after a luminous commentary on a great number of
+authorities, thus proceeded--"Now, my lords, it is said that there is
+_no express decision_ upon the subject. Why, if a case be so clear, so
+free from doubt, that no man, no attorney, barrister, or judge, ever
+entertained any scruple concerning it--if the rule have been uniformly
+acted upon and constantly recognised, is it to be said, that because
+there is no express decision it is not to be considered _law_? Why, that
+argument leads to this conclusion--that the more clear a question is,
+the more free from doubt, the more uncertain it must be! _My lords, what
+constitutes the law of this country? It is--usage, practice,
+recognition._ For many established opinions, part of the acknowledged
+law of the land, you will look in vain for any express decision. I
+repeat, that practice, usage, recognition, are considered as precedents
+establishing the law: these are the foundations on which the common law
+of the country rests; and it is admitted in this case, that the usage is
+all against the principle now contended for by the plaintiffs in error.
+No case, no authority of any kind, can be adduced in its favour: it is
+now admittedly, for the first time, urged in this extraordinary case.
+And I ask, my lords, if you will not recognise the decision of the great
+majority of the judges on a question of this kind, involving the
+technicalities of the law, with which they are constantly conversant?
+When, on such a point, you find them--speaking by the eminent and able
+Chief-Justice of the Common Pleas--pronouncing a clear and distinct
+opinion, it must be a case clear from all doubt--a conviction amounting
+to actual certainty, upon which alone you would be justified in
+rejecting such authorities. * * * It is on these grounds, and on the
+authorities which I have cited, that I assert the universal recognition
+of the principle which I contend has been acknowledged law from time
+immemorial."
+
+Such was the emphatic, clear, unwavering judgment, deliberately
+pronounced, after long examination and consideration, by one of the very
+greatest intellects ever brought to bear upon the science of the law,
+and of vast judicial experience in the administration of every
+department of the law--criminal law, common law, and equity.
+
+Lord Brougham then rose, and delivered partly a written, partly an oral
+judgment--characterized by his lordship's usual vigour and felicity of
+reasoning and illustration. He entirely concurred with the Lord
+Chancellor, and assigned reasons, which certainly appeared of
+irresistible cogency, for adopting the opinion of the judges, whom, in a
+matter peculiarly within their province, their lordships had summoned to
+their assistance, who had bestowed such unexampled pains upon the
+subject, and were all but unanimous. The following was a very striking
+way of putting the case:--"If the doubts which have been thrown upon
+this judgment be allowed to have any weight in them, it goes the length
+of declaring, that _every thing which has been decided in similar cases_
+was mere error and delusion. Nothing can be more dangerous than such an
+impression. I cannot conceive any thing more appalling than that it
+should be held, that every one of the cases similarly decided ought to
+be reversed; that the judgments without number under which parties have
+been sent for execution _are all erroneous judgments, and ought to have
+been reversed_, and _must_ have been reversed, if they had been brought
+before the last resort!"
+
+Lord Denman then rose; and though it was generally understood--as proved
+to be the fact--that he intended to express a strong opinion against the
+disallowance of the challenge to the array, we believe that no one
+expected him to dissent upon the great and only point on which the
+appeal turned, from the opinions of the great majority of his brother
+judges, and from the Chancellor and Lord Brougham. We waited with great
+interest to see the course which Lord Denman would take upon the great
+question. He is a man of strong natural talents, of a lofty bearing in
+the administration of justice, and an uncompromising determination on
+all occasions to assert the rights and protect the privileges of the
+subject. Nor, though a man of unquestionably very strong Whig opinions,
+are we aware of his having ever allowed them to interfere with his
+eminent and most responsible judicial duties. Whatever may be our
+opinion as to the validity of his conclusions on the subject of the
+challenge to the array, it was impossible not to be interested by the
+zealous energy, the manly eloquence, with which he vindicated the right
+of the subject to the fullest enjoyment of trial by jury, and denounced
+what he considered to be any, the slightest interference, with that
+right. At length his lordship closed his observations on that subject,
+and amidst breathless silence, fell foul, not only of the two counts
+which had been admitted to be defective--the sixth and seventh--but
+"_many others of the counts!_" which, he said, were open to objection,
+and declared that the judgment could not be sustained.
+
+Lord Denman's judgment (to which great respect is due) was, as far as
+relates to _the point_ of the case, to this effect:--He had an
+"unconquerable repugnance" to assuming that the judges had passed
+sentence on the good counts only; for it was in direct contradiction to
+_the notorious fact_, that the judges had pronounced certain counts to
+be good; and it was also against the _common probability_ of every case.
+He admitted the general opinion of the profession to have long been,
+that a general judgment, if supported by one sufficient good count, was
+not injured by a bad one associated with it. "I know," said his
+lordship,[12] "what course I should have taken if pressed to give
+judgment at the trial, and had given it. If nothing had taken place
+respecting the validity of any part of the indictment--but much more if
+its validity had been disputed, but established--I should leave
+apportioned the sentence to the degree of criminality that was stated in
+all the counts which were proved in evidence."--"I see no inconvenience
+in compelling a judge to form an opinion on the validity of the counts,
+before he proceeds to pass judgment. He ought to take care that a count
+is good before he allows a verdict to be taken, or at least judgment to
+be entered upon it; and great good will arise from that practice. I am
+deliberately of opinion that this is a right and wholesome practice,
+producing no inconvenience, and affording a great security for justice.
+* * * In criminal cases, all difficulty may be entirely avoided by the
+court passing a separate judgment on each count, and saying, 'We adjudge
+that on this count, on which the prisoner is found guilty, he ought to
+suffer so much; that on the second count, having been found guilty, he
+ought to suffer so much; whether the count turn out to be good or not,
+we shall pronounce no opinion; that question would be reserved for a
+superior court. A court of error would then reverse the judgment only on
+such counts as could not be supported in law--leaving that to stand
+which had proceeded on valid charges."--"Where a felony was established,
+requiring a capital punishment, or transportation for life, the number
+of counts could make no difference; because the punishment pronounced on
+any one exhausted the whole materials of punishment, and admitted of no
+addition."--"The current notion, that one count alone could support any
+sentence applicable to the offences stated in the whole indictment, can
+be accounted for only by Lord Mansfield's general words, needlessly and
+inconsiderately uttered, hastily adopted, and applied to a stage of the
+proceedings in which they are not correct in law."
+
+Then came Lord Cottenham--a cold, clear-headed lawyer, cautious, close,
+and accurate in his reasonings, and very tenacious in adhering to his
+conclusions: possessing the advantage of several years' judicial
+experience--as an equity judge. Thus he addressed himself to _the point_
+of the case:--
+
+"_Is there error upon the record?_"
+
+* * * Did not the court below pass sentence upon the offences charged in
+the _first_, _second_, _third_, _fourth_, _sixth_, and _seventh_ counts
+in the indictment, as well as upon the offences charged in the other
+counts? The record of that court tells us that it _did_; and if we are
+to see whether there be any error on that record, and adopt the
+unanimous opinion of the judges, that those six counts, or the findings
+on them, are so bad that no judgment upon them would be good, how can we
+give judgment for the defendant, and thereby declare that there is _no
+error_ in the record? The answer which has been given to this objection
+appears not only unsatisfactory, but inadmissible. It is said that we
+must presume that the court below gave judgment, and passed sentence,
+only with reference to the unobjectionable counts and findings. That
+would be to presume that which the record negatives. By that record the
+court tells us that the sentence on each defendant was 'for his offences
+aforesaid,' after enumerating all those charged in the indictment. Are
+we, after and in spite of this, to assume that this statement is false,
+and that the sentence was upon one-half only of the offences charged? *
+* * We can look to the record only for what passed in the court below;
+and as that tells us the sentence was passed _upon all the offences of
+which the jury had found the defendants guilty_, we cannot presume to
+the contrary of such a statement. It would be the presumption of a fact,
+the contrary of which was known to all to be the truth. The argument
+supposes the court below to have been right in all particulars; but the
+impossibility of doing so on this record was felt so strongly, that
+another argument was resorted to, (not very consistently with the
+judgment, for it assumes that the jury may have been wrong upon every
+count but one,) namely, that a court of error has to see only that there
+is _some one offence properly charged_, or a punishment applicable to it
+inflicted; and then, that being so, that as to all the other counts the
+court below was wrong--all such other counts or findings being bad.
+
+"Consider what is the proposition contended for. Every count in an
+indictment for misdemeanour is supposed to apply to a different offence:
+they often do so, and always may; a prosecutor having the option of
+preparing a separate indictment for each, or of joining all as one. If
+he adopt the former course, he must, to support the sentence, show each
+indictment to be right. If he adopt the latter course--viz. going upon
+one indictment containing several counts, and one sentence is pronounced
+upon all the counts, according to the proposition now contended for;
+suppose the sentences to be bad on all the counts _but one_, that one
+applying to the most insignificant offence of the whole; a court of
+error, it is said, has no right to interfere! That is to say, it cannot
+correct error except such error be _universal_;--no matter how important
+that error, no matter how insignificant the portion which is right, nor
+what may have been the effect of such error! The proposition will no
+longer be 'in _nullo_ est erratum,' but that the error is
+not--_universal_. If neither of these arguments prove that there is
+manifest error upon the record, and it is not for a court of error to
+enter into any consideration of the effect which such error may have
+produced, it has no power to alter the verdict, and can form no opinion
+of its propriety and justice from mere inspection of the record, which
+is all the judicial knowledge a court of error has of the case. _Upon
+what ground_ is it to be assumed, in any case, that the court below, if
+aware of the legal insufficiency of any of the counts, or of the
+findings upon them, would have awarded the same punishment? It _could_,
+probably, do so in many cases--but in many it as certainly would not. If
+the several counts were only different modes of stating the same
+offence, the insufficiency of some of those counts could not affect the
+sentence; but if the different counts stated--as they well
+might--actually different misdemeanours, and, after a verdict of guilty
+_upon all_, it were found that some of _such_ counts--that is, that some
+of the misdemeanours--charged, must be withdrawn from the consideration
+of the court, by reason of defects in either the counts themselves or
+the findings upon them, it cannot, in many cases, be supposed that the
+sentence could be the same as if the court had the duty thrown upon it
+of punishing _all the offences charged_. This may be well illustrated by
+supposing an indictment for two libels in different counts--the first of
+a slight, the other of an aggravated character--and verdict and judgment
+upon both; and the count charging the malignant libel, or the finding on
+it, held to be bad. Is the defendant to suffer the same punishment as if
+he had been properly found guilty of the malignant libel?" The reason
+why the rule in civil actions does not apply to _motions in arrest of
+judgment_ in criminal cases, is plainly this:--because the court,
+_having the sentence in its own hands_, will give judgment 'on the part
+which is indictable'--and the failure of part of the charge will go only
+to lessening the punishment. These reasons, however, have plainly no
+application to _writs of error_; because _a court of error_ CANNOT, _of
+course, confine the judgment to those parts which are indictable, or
+lessen it, as the different charges are found to fail_."
+
+"The only inconvenience," added his lordship, "which can arise from the
+rule we are laying down, will be, that the prosecutor must be careful as
+to the counts on which he means to rely: _the evidence at the trial_
+must afford him the means of making the selection--and the defendant has
+now the means of compelling him to do so."
+
+Such was, in substance, Lord Cottenham's judgment. He read it in his
+usual quiet, homely, matter-of-fact manner, as if he were not at all
+aware of, or cared not for, the immense importance and public interest
+attaching to the publication of the conclusion at which he had arrived.
+
+Then rose Lord Campbell. In a business-like and satisfactory manner he
+went briefly over all the points which had been made by the plaintiffs
+in error, disposing of them all in favour of the crown, (expressing,
+however, doubts on the subject of the challenge to the array,) till he
+came to THE POINT--which he thus approached:--"I now come, however, to
+considerations which induce me, _without hesitation_, humbly to advise
+your lordships to reverse this judgment." He was brief but pithy in
+assigning his reasons.
+
+"According to the doctrine contended for on the part of the crown," said
+his lordship, adopting two cases which had been put by, we believe, Mr
+Peacock in his argument, "the following case may well happen. There may
+be an indictment containing two counts, A and B, for separate offences;
+A being a good count, B a bad one. The court below may think A bad and B
+good; and proceed to sentence the defendant to a heavy punishment merely
+in respect of B, which, though it may contain in reality not an offence
+in point of law, they may consider to contain one, and of signal
+turpitude. On a writ of error, the court above clearly sees that B is a
+bad count; but cannot reverse the judgment, because there stands count A
+in the indictment--and which, therefore, (though for a common assault
+only,) will support the heavy fine and imprisonment _imposed in respect
+of count B_! Let me suppose another case. An indictment contains two
+counts: there is a demurrer[13] to each count: each demurrer is
+overruled, and a general judgment given that the defendant, 'for his
+offences aforesaid,' shall be fined and imprisoned. Is it to be said,
+that if he bring a writ of error, and prove one count to be bad, he
+shall have no relief unless he shows the other to be bad also?"
+
+He concluded a brief commentary (substantially identical with that of
+Lord Cottenham) on the authorities cited, by affirming that "there was
+neither text-book, decision, nor _dicta_ to support a doctrine so
+entirely contrary to principle."
+
+This is how his lordship thinks the like mischief may be obviated in
+future:--
+
+"If bad counts are inadvertently introduced, the mischief may be
+_easily_ obviated by taking a verdict of acquittal upon them--by
+entering a _nolle prosequi_ to them, or by seeing that the judgment is
+expressly stated to be on the good counts only, which alone could
+prevent the bad counts from invalidating the judgment upon a writ of
+error."
+
+As to the notion that the judges were uninfluenced in passing sentence
+by the first three counts, on which there were numerous findings, he
+observed, that--"We cannot resort to the _palpably incredible fiction_
+that the judges, in violation of their duty, did not consider the guilt
+of the parties aggravated by the charges in these three counts, and
+proportionally increase their punishment."
+
+After an unsuccessful attempt on the part of one or two lay peers who
+had not heard the whole argument, to vote--which was resisted by both
+the Lord Chancellor and Lord Wharncliffe, and Lords Brougham and
+Campbell--the Lord Chancellor finally put the question:--
+
+"Is it your lordships' pleasure that this judgment be reversed?--As many
+as are of that opinion, will say '_Content_.' As many as are of a
+contrary opinion, will say '_Not Content_.'"
+
+"_Content!_" exclaimed Lords Denman, Cottenham, and Campbell.
+
+"_Not Content!_" said the Lord Chancellor and Lord Brougham.
+
+_Lord Chancellor._ "The _Contents_ have it. The judgment is Reversed."
+
+The instant after these pregnant words had been uttered, there was a
+rush of persons, in a state of the highest excitement and exultation,
+towards the door; but the lords calmly proceeded to give judgment in a
+number of ordinary appeal cases. The Attorney-General for Ireland, who
+had been watching the whole of the day's proceedings with close
+attention, heard the result with perfect composure; but as several
+portions of the judgments of Lords Denman, Cottenham, and Campbell were
+being delivered, a slight sarcastic smile flitted over his features. As
+we have mentioned him, let us take this opportunity of bearing testimony
+to the very great ability--ability of the highest order--with which he
+has discharged _his_ portion of the duty of conducting these
+proceedings, unprecedented in their harassing complexity and their
+overwhelming magnitude. He has manifested throughout--'bating a little
+irritability and strictness in petty details at starting--a
+self-possession; a resolute determination; a capability of coping with
+unexpected difficulty; a familiarity with constitutional law; a mastery
+over the details of legal proceedings; in short, a degree of forensic
+ability, which has been fully appreciated by the English bar, and
+reflects credit upon those who placed him in his arduous and responsible
+office. In terms of similar commendation we would speak of the Irish
+Solicitor-General, (Mr Sergeant Green.) Accustomed as we are to witness
+the most eminent displays of forensic ability, we feel no hesitation in
+expressing our opinion, that the Solicitor-General's reply at the trial,
+and the Attorney-General's reply on the motion for a new trial, were as
+masterly performances as have come under our notice for very many years.
+
+We have thus laid before our readers, with the utmost candour and care,
+this truly remarkable case; and at a length which, though considerable,
+is by no means incommensurate with its permanent interest and
+importance. We believe that we have, in the foregoing pages, furnished
+all persons, of average intellect and information, with the means of
+forming for themselves a sound opinion as to the propriety or
+impropriety of reversing the judgment of the court below. We have given
+the arguments on both sides with rigid impartiality, and supplied such
+information, in going along, as will enable the lay reader thoroughly to
+understand them. This is a question which all thinking persons must
+needs regard with profound interest and anxiety. If, in the deliberate
+opinion of the country, the judgments of the High Court of Parliament
+are habitually, though unconsciously, warped by party and political
+feelings and prejudices; if, with such views and intentions, they have
+strained and perverted the law of the land, wickedly sheltering
+themselves under the unfortunate difference of opinion existing among
+the judges, those who have been guilty of it will justly stand exposed
+to universal execration. It is no light matter even to propose such a
+possibility as that of profligacy or corruption in the administration of
+justice; above all, in the highest tribunal in the land--the place of
+last resort for the subject. It is always with pain and regret that we
+hear, even in the height of political excitement and hostility, the
+faintest imputation from any quarter on judicial integrity. We have
+watched this case from first to last; and especially examined over and
+over again, in a spirit of fearless freedom, the grounds assigned for
+reversing the judgment, and the position and character of those by whose
+_fiat_ that result was effected. We cannot bring ourselves to believe
+any thing so dreadful as that three judicial noblemen have deliberately
+violated their oaths, and perpetrated so enormous an offence as that of
+knowingly deciding contrary to law. Those who publicly express that
+opinion, incur a very grave responsibility. We are ourselves zealous,
+but independent supporters of the present government; we applaud their
+institution of these proceedings; no one can lament more bitterly than
+we do, that O'Connell should, like many a criminal before him, have
+escaped from justice through a flaw in the indictment; yet with all
+this, we feel perfectly satisfied that the three peers who reversed the
+judgment against him, believed that they were right in point of law.
+When we find so high an authority as Mr Baron Parke--as far as politics
+are concerned, a strong Conservative--declaring that he cannot possibly
+bring himself to concur in opinion with his brethren; that another
+judge--Mr Justice Coltman--after anxious deliberation, also dissents
+from his brethren; and when we give each of these judges credit for
+being able to appreciate the immense importance of _unanimity_ upon such
+a case as the present, had it been practicable--can it seem really
+unreasonable or surprising, that a corresponding difference of opinion
+should exist among the peers, whose judicial duty it was to decide
+finally between the judges? It _is_, certainly, a matter calculated to
+attract a _moment's_ attention, that the judgment should have been
+reversed by the votes of three peers who concur in political opinion,
+and opposition to the government who instituted the prosecution. But in
+fairness, put another possible case. Suppose Lord Abinger had been
+alive, and had concurred with the Chancellor and Lord Brougham, would
+not another class of ardent partisans as naturally have remarked
+bitterly upon the coincidence of opinion between the peers whose three
+voices concurred in supporting the judgment of the court below?
+
+While we thus entirely exonerate Lords Denman, Cottenham, and Campbell
+from all imputation of intentionally giving effect to party and
+political bias, it is difficult to suppose them, or any other peer,
+entirely free from _unconscious_ political bias; but in the nature of
+things, is it not next to impossible that it should be otherwise, in the
+case of men who combine in their own persons the legislative and
+judicial character, and in the former capacity are unavoidably and
+habitually subject to party influences? When a Judicial question is
+under consideration, of such extreme doubtfulness as almost to justify a
+vote either way, (we must deal with men and things as we find them,) can
+it excite great surprise, if even in the most honourable minds a
+political bias should _unconsciously_ evince its presence, and just
+turn the scale?
+
+But here the case has turned upon one single point of the purest
+technicality, which the House of Lords has deemed sufficient to cause a
+reversal of the judgment of the court below; and the question is, have
+they done rightly? Are they right or wrong in point of strict law? In
+the language of Mr Justice Williams--the objection raised in behalf of
+the traversers "is purely of a technical nature, and to be examined in
+the same spirit of minute and exact criticism in which it was
+conceived."[14]
+
+The dry question, then, is this: Is it a rule, a principle, a custom, of
+English law, that one good count will sustain a general judgment upon a
+writ of error in a criminal case, although there should be also bad
+counts in the indictment? Is that a "custom or maxim of our law," or is
+it not? First, then, how is this to be ascertained? The illustrious
+commentator on the laws of England, Mr Justice Blackstone,[15] shall
+answer:--
+
+"Established _customs_, _rules_, and _maxims_, I take to be one and the
+same thing. For the authenticity of these maxims _rests entirely upon
+reception and usage_; and the only method of proving that this or that
+maxim is a rule of the common law, _is by showing that it hath been
+always the custom to observe it_. But here a very natural and very
+material question arises: how are these customs or maxims to be known;
+and by whom is their validity to be determined? The answer is, by the
+judges in the several courts of justice. They are the depositaries of
+the laws--_the living oracles, who must decide in all cases of doubt_,
+and are bound by an oath to decide according to the law of the land."
+
+These judges were appealed to by the House of Lords upon the present
+occasion; and by an overwhelming majority "distinctly, clearly, and
+decidedly" declared that the rule in question was a rule of the English
+law. _They had heard all the arguments calling its existence in
+question_ which Lord Denman, Lord Cottenham, and Lord Campbell had
+heard; they were _in the daily and hourly administration of that branch
+of the law with reference to which the question arose_; they took ample
+time to consider the matter, and deliberately affirmed the existence of
+the rule, and the valid grounds on which it rested. The highest legal
+authority in the land, the Lord Chancellor, corroborated their decision,
+declaring that it "has always been considered as a clear, distinct, and
+undoubted principle of the criminal law, that one good count could
+sustain a general judgment on a writ of error." Are Lord Lyndhurst and
+Sir Nicholas Tindal, with eight of the judges, palpably and manifestly
+wrong? It is certainly _possible_, though not, we presume, very
+probable.
+
+We fully recognise the _right_ of the judicial peers to examine the
+validity of the reasons assigned by the judges, and to come to a
+conclusion opposite to theirs. We apprehend that the long recognition,
+alone, of the existence of a rule, does not prevent its being impeached
+on sufficient reasons. Lord Tenterden, as cautious and accurate judge as
+ever presided over a court of justice, thus expressed himself in
+delivering the judgment of the court on a question of mercantile
+law[16]--"It is of great importance, in almost every case, that a rule
+once laid down, and firmly established, and continued to be acted upon
+for many years, should not be changed, _unless it appears clearly to
+have been founded on wrong principles_." Have, then, Lords Denman,
+Cottenham, and Campbell, succeeded in showing the rule in question to
+have been founded on wrong principles?
+
+After as close and fair an examination of the judgments given in the
+House of Lords as we are capable of bestowing upon any subject, we have
+arrived at the conclusion that the Chancellor and judges were plainly
+right, and the peers who differed from them as plainly wrong. They
+doubtless believed that they were eradicating an erroneous and
+mischievous practice from the administration of criminal law; but we
+entertain grave fears that they have not duly considered the many
+important reasons and necessities out of which that practice
+originated, and which, in our opinion, will require the legislature
+either to restore it, or devise some other expedient in lieu of it--if
+one so efficacious _can_ be found--after a very brief experience of the
+practical mischiefs and inconveniences which the decision of the House
+of Lords will entail upon the administration of criminal justice.
+
+Mr Justice Coltman observes,[17] that "in old times an indictment
+contained one single count only;" and that, "now it has become usual to
+insert _many_ counts." It _has_ become usual--it should rather be said
+_necessary_; but why? Because of the rigid precision which the law, in
+spite of the subtle and complicated character of its modern mode of
+administration, has long thought fit to require for the protection of
+the subject, in the statement of an offence charged against an
+individual. Unless that degree of _generality_ in framing criminal
+charges, which has been so severely reprobated, in the present instance,
+by Lord Denman, and which led the judges unanimously to condemn the
+sixth and seventh counts, shall be henceforth permitted, justice _must_,
+so to speak, be allowed to have many strings to her bow; otherwise the
+very great distinctness and particularity which constitute the legal
+notion of _certainty_, are only a trap and a snare for her. There is a
+twofold necessity for allowing the reasonable multiplication of counts:
+one, to meet the difficulty often arising out of the adjustment of the
+statement in the charge to the evidence which is to support it; and the
+other, to obviate the great difficulty, in many cases, of framing the
+charge with perfect legal certainty and precision. Look for a striking
+illustration at the sixth and seventh counts of this very indictment.
+Few practical lawyers, we venture to think, would have pronounced them
+insufficient, before hearing those numerous astute and able arguments
+which have led the judges to that conclusion; and what if these had been
+the _only_ counts, or one of them the sole count? Of course, justice
+would have been defeated. Now the rule, custom, or practice--call it
+what you will--which has been annulled by the House of Lords, was
+admirably adapted to meet, in combination with the allowance of several
+counts, the practical and perhaps inevitable difficulties which beset
+the attempt to bring criminals to justice; to prevent any injurious
+consequences from either _defective_ or _unproved_ counts; and we think
+we may truly state, that no single instance as adduced during the
+argument, of actual mischief or injury occasioned to defendants by the
+operation of this rule--we believe we may safely defy any one now to
+produce such a case. It is certainly possible for an anxious straining
+ingenuity to _imagine_ such cases; and where is the rule of law, which,
+in the infirmity of human institutions, cannot be shown capable of
+occasioning _possible_ mischief and injustice?
+
+One important distinction has not, we venture to think, been kept
+constantly in view by the House of Lords in arriving at their recent
+decision; we mean, the distinction between _defective_ counts and
+_unproved_ counts. It was principally in the former case that the
+annulled rule operated so advantageously for the interests of justice.
+Let us suppose a case. A man is charged with an offence; and the
+indictment contains three counts, which we will call A, B, C--each
+differently describing the same offence. He is proved in court to have
+actually done an act to which the law annexes a punishment, and a
+general verdict and judgment, awarding the correct _kind_ of punishment,
+are given and entered. If it afterwards became necessary to "make up"
+the record--_i. e._ to enter the proceedings in due and full form--it
+might appear that count A was essentially defective, as containing no
+"offence" at all. But what did that signify--or what would it have
+signified if count B had also been bad--provided count C was a good one,
+and warranted the punishment which had been inflicted? The only
+consequence was, that the indictment was a little longer than it turns
+out that it needed to have been. Though several hooks had been used in
+order to give an additional chance of catching the fish, that was not
+regretted, when, the fish having been caught, it turned out that two out
+of the three had not been strong enough; and that, had they alone been
+used, the fish must have escaped.
+
+Let us see how the new rule laid down by the House of Lords will operate
+in future, in such a case as the one above supposed; bearing in mind
+that it will have to be acted upon, not merely by the judges of the
+superior courts at the assizes, but by the chairmen--the _lay_
+chairmen--of the courts of Quarter-Sessions. Let us imagine the
+indictment to be a long one, and each count necessarily complicated in
+its allegations and refinements, to meet very doubtful facts, or very
+doubtful language in an Act of Parliament. A great number of prisoners
+are to be tried; but, nevertheless, the judge (lay or professional) has
+mastered the formidable record, and points out to the jury two bad
+counts, A and B, as either not hitting the facts of the case or the
+language of the act--possibly neither. He orders them to be quashed, or
+directs a verdict of not guilty upon them. He then has the verdict and
+judgment entered accordingly on count C, (the count which he considers
+good.) The record is afterwards made up; a writ of error brought; the
+only count on which the judgment is given being C, the court of error
+_decides that it is bad_, reverses the judgment, and the prisoner is
+discharged; or the country is put to the expense and trouble of
+bringing, and the prisoner unjustly harrassed by, fresh proceedings,
+which may, perhaps, end as disastrously as before!
+
+To escape from these serious difficulties, it is proposed by Lord
+Denman,[18] to leave the legal sufficiency of the counts for discussion
+before a court of error, and to pass, not one sentence, but three
+distinct sentences on each count respectively, apportioning to the
+offence thereby apparently charged, the degree of punishment due to the
+guilt disclosed. Keeping his eye on the alarming possibility of a
+reversal of judgment, what difficulties will not beset the path of the
+judge while engaged on this very critical duty? And why may not the
+indictment, for _necessary_ caution's sake, contain, as there often are,
+ten, fifteen, or twenty counts? we shall then have ten or fifteen
+distinct sentences delivered in open court--engrossed on the record--and
+dangling at once around the neck of the astounded and bewildered
+prisoner. Is _such_ a method of procedure calculated to secure respect
+for the administration of justice, even if, by means of such devices,
+the ends of justice should be ultimately secured, though it is easy to
+imagine cases in which such devices would, after all, fail; and we had
+framed several illustrations of such possibilities, but our limits
+forbid their insertion: instances illustrating the mischievous operation
+of the rule, equally in cases of defective and unproved counts--of
+felonies and misdemeanours--and in the latter case, whether the
+indictment contained several offences, or only varied statements of one
+offence. In the case first put, what a temptation the new rule holds out
+to criminals who may be able to afford to bring a writ of error, and so
+seriously embarrass the administration of justice! And if too poor to do
+it, he will, under the operation of the new rule, be suffering
+punishment unjustly; for the only count selected may be bad, or some one
+only of several may be bad, and the judgment ought to be reversed. What
+was the operation of the old rule? Most salutary and decorous. No public
+account was taken of the innocuous aims, so to speak, taken by justice,
+in order to hit her victim. If he fell, the public saw that it was in
+consequence of a blow struck by her, and concerned themselves not with
+several previous abortive blows. The prisoner, knowing himself _proved_
+actually guilty, _and the numerous chances existing against him on the
+record_, if he chose to make pettifogging experiments upon its technical
+sufficiency, submitted to his just fate.
+
+Let us take one more case--that of _murder_: we fear, that on even such
+solemn and awful occasions, the new rule will be found to operate most
+disadvantageously. There are necessarily several, possibly many,
+counts. Mr Baron Parke[19] admits, that here the old rule should apply;
+viz. a general judgment of death, which shall not be vitiated by one, or
+several bad counts, if there be a single good one. The new rule since
+laid down, says, however, the contrary; that judgment must be reversed
+for a single bad count. Lord Denman, to meet this difficulty, would pass
+sentence "upon some one"[20] of them, and thereby exhaust the materials
+of punishment, and so in effect give a "judgment for one felony." _But
+how is the record to be dealt with?_ If the prisoner choose to bring a
+writ of error, and show a single bad count, must not the judgment be
+reversed if entered generally? And if entered on one count with not
+guilty on all the others; and that one count proved bad, while even _a
+single one_ of the rejected counts is good, and would have been
+supported by the evidence given at the trial, the prisoner can plead
+_autrefois acquit_ to a fresh indictment, and so get off scot-free,
+after having been incontestably proved guilty of the act of murder!
+Suppose then, to avoid so fearful a result, separate sentences of death
+be passed, to say nothing of the unseemliness of the transaction in open
+court, which _might_ be avoided: but how can it be avoided _on the
+record_, upon which it must be entered? Mr Baron Parke pronounces that
+such a procedure would be "_superfluous, and savour of absurdity_,"[21]
+and that therefore, "in such a case, the general judgment _might_ be
+good!" Thus, in order to _work_ the new rule, Mr Baron Parke is forced
+to make the case of murder a double exception--viz. to the _adoption_ of
+the new rule at the trial, and then to the _operation_ of the new rule
+before the court of error, which must then hold that a single bad, or a
+dozen bad counts, will _not_ vitiate a general judgment, if sustained by
+one good count! Does not all this suffice to show the desperate shifts
+to which even two such distinguished judges are driven, in order to
+support the new rule, and conceal its impracticability? Then why should
+the old lamp be exchanged for the new?
+
+We entertain, we repeat, very grave apprehension that the House of Lords
+has treated far too cavalierly the authority of the great Lord
+Mansfield, than whom a more enlightened, learned, and cautious a judge
+probably never administered justice among mankind. He was not a man
+accustomed, in delivering his judgments, to "utter things _needlessly_
+and _inconsiderately_," as he is now charged with doing;[22] and when he
+declared the established rule of criminal law to be that which has now
+been so suddenly abrogated, he spoke with the authority which nearly
+thirty years' judicial experience attaches to the opinion of a
+responsible master-mind. We ask with deep anxiety, what will be the
+consequences of thus lightly esteeming such authority?--of impugning the
+stability of the legal fabric, by asserting one-half of its materials to
+consist merely of "law taken for granted?"[23]--and, consequently, not
+the product of experience and wisdom, and to be got rid of with
+comparative indifference, in spite of the deliberate and solemn judgment
+of an overwhelming majority of the existing judicial authorities of the
+land.
+
+The rule just abrogated has, for a long series of years--for a century
+and a half--obviated a thousand difficulties and evils, even if it
+should be admitted that the end was gained at the expense of some
+imperfections in a speculative and theoretical point of view, and with
+the risk of _possibly_ inflicting injustice in some case, which could be
+imagined by an ingenious and fertile fancy. The old rule gave ten
+chances to one in favour of justice; the new one gives ten chances to
+one _against_ her. We may be mistaken, but we cannot help imagining,
+that if Lord Cottenham, unquestionably so able as an equity judge, had,
+on the maxim _cuique sua arte credendum_, given a little more weight to
+the opinions of those whose whole lives had been passed, not in equity,
+but criminal courts, or had seen for himself the working of the
+criminal law, he would have paused before disturbing such
+complicated--necessarily complicated--machinery, and would not have
+spoken of the consequences as being so very slight and unimportant--nay,
+as so very beneficial.
+
+It was suggested by the three peers, that the old rule had no better
+foundation than the indolence, slovenliness, and negligence of
+practitioners, whom the salutary stringency of the new rule would
+stimulate into superior energy and activity. We cannot help regarding
+this notion, however--for the preceding, among many other reasons--as
+quite unfounded, and perhaps arising out of a hasty glance at the
+alterations recently introduced into _civil_ pleadings and practice. But
+observe, it required _an act of Parliament_ to effect these alterations,
+(stat. 3 and 4 Will. IV. c. 42,) the very first section reciting the
+"_doubts which might arise as to the power of the judges to make such
+alterations without the authority of Parliament_;" and yet the state of
+the laws calling for such potent interference was in an incomparably
+more defective and mischievous state than is imputed to the present
+criminal law. Then, again, any practical man will see in a moment, that
+the strictness of the new system of civil pleading, which to this moment
+occasions not infrequently a grievous failure of justice, with all the
+ample opportunities afforded for deliberate examination and preparation
+of the pleadings, cannot be safely applied to criminal law for many
+reasons, principally because it rarely admits of that previous
+deliberation in drawing the indictment, which must be based upon the
+often inaccurate statement of facts supplied by the depositions; and
+because a defect in them is, generally speaking, irremediable and fatal,
+and crime goes unpunished. If the new rule is to be really acted upon in
+future, we must, in some way or other, alter the whole machinery of the
+criminal law: but how to do so, without seriously interfering with the
+liberty of the subject, we know not.
+
+We affirm, therefore, that the old rule--viz. that one good count would
+support a general verdict and judgment, though the indictment contained
+bad ones also--was a beneficial rule, calculated to obviate _inevitable_
+difficulties; and its policy was so transparent to all the great
+intellects which have, both as judges or counsel, been for so long a
+series of years concerned in criminal cases, that no one ever thought of
+questioning it. The supposition of the three peers is one not very
+flattering to the distinguished predecessors, with the great Lord
+Mansfield at their head--all of whom it charges with gross negligence,
+ignorance, and, in plain words, stupidity--in overlooking, from time to
+time, a point so patent and glaring. The Lord Chancellor's answer to
+their argument is triumphant; and we refer the reader to it.[24] We
+respectfully and firmly enter our protest against Lord Denman's mode of
+getting rid of the efficacy of a custom or practice which has been so
+long observed by the profession; and regard it as one calculated to sap
+the foundations of the common law of the land. An opinion, a practice
+which has stood its ground for so long a series of years _unchallenged_,
+amidst incessant provocation to challenge it--and that, too, in the case
+of men of such vigilant astuteness, learning, and determination as have
+long characterized the English Bench and Bar--rest upon as solid grounds
+as are conceivable, and warrants it subversion only after profound
+consideration, and _repeated evidence of its mischievous operation_. Was
+any such evidence offered in the argument at the Bar of the House of
+Lords, of persons who had suffered either a kind or a degree of
+punishment not warranted by law? None: but several cases were put in
+which--in spite of past experience to the contrary--inconvenience and
+injustice _might possibly_ be conceived to occur hereafter!
+
+What, then, led to this error--for error we must call it? Let us
+candidly express our opinion that the three peers were fairly
+"_overpowered_"--to adopt the frank acknowledgment of one of the most
+distinguished among them--by the plausible fallacies urged upon them,
+with such unprecedented pertinacity and ingenuity, by the traversers'
+counsel. They have been influenced by certain disturbing forces, against
+which they ought to have been vigilantly on their guard, and which we
+shall now venture to specify, as having occasioned their _forgetfulness
+of the true province of a court of error_--of the functions and duties
+of the members of such a court. A COURT OF ERROR occupies a high, but
+necessarily a very limited, sphere of action. Their observations and
+movements are restricted to the examination of a single document, viz.
+the record, which they are to scrutinize, as closely as possible,
+without regard to any of the incidents which may have attended the
+progress of the events narrated in it, if these incidents do not appear
+upon record: and they must be guided by general principles--not such as
+might properly regulate a certain special and particular case, but such
+as would guide them in all cases. And this is signified by the usual
+phrase, that they "must not travel out of the record." Now, we defy any
+one to read the judgments of the three peers, without detecting the
+undue influence which one extrinsic and utterly inadmissible fact has
+had upon their minds; viz. the fact, that the court below had actually
+_affirmed_ the validity of the two bad counts. They speak of its being
+"_against notorious facts_"--against "_common probabilities_," a
+"palpably incredible fiction"--to conclude from the language of the
+record, that the "offences" there mentioned did not include the pseudo
+offences contained in the sixth and seventh counts. In this particular
+case, it _did_ undoubtedly happen, in point of fact, that the court
+below decided these counts to be valid counts: but the court of error
+can take no cognisance whatever of extrinsic facts. _Their_ only source
+of information--_their_ only means of knowledge, is _the record_--beyond
+the four corners of which they have no power, no authority, to cast a
+single glance; and within which are contained all the materials upon
+which, by law, the judges of a court of error can adjudicate and decide.
+The Court, in the present case, ought thus to have contemplated the
+record in the abstract--and with reference to the _balance of
+possibilities_ in such cases, that the court below had affirmed, or
+condemned the vicious counts: which very balance of possibilities shows
+the impropriety of being influenced by speculations based on matters
+_dehors_ the record. However numerous and mischievous may have been the
+errors committed by the inferior court, _a court of error_ can take no
+cognisance of them, if they do not appear specifically and positively
+upon the record, however valid may be the claim which these errors may
+notoriously prefer _to the interference of the executive_. Consider what
+a very serious thing it is--what a shock to the public confidence in the
+administration of justice--to reverse a judgment pronounced after due
+deliberation, and under the gravest responsibilities, by a court of
+justice! The law and constitution are properly very tender in the
+exercise of such a perilous power, and have limited it to the case of
+"MANIFEST" error--that is, not the vehement, the immense _probability_
+that there has been error--but the CERTAINTY of such error _necessarily
+and exclusively appearing from the record itself_. To act upon
+speculation, instead of certainty, in these cases, is dangerous to the
+last degree, and subversive of some of the fundamental principles of
+English jurisprudence. "Judgment may be reversed in a criminal case by
+writ of error," says Blackstone, "for NOTORIOUS (_i. e._ palpable,
+manifest, patent) mistakes in the judgment, as when a man is found
+guilty of PERJURY, (_i. e._ of a misdemeanour,) and RECEIVES THE
+JUDGMENT OF FELONY." This is the true doctrine; and we submit that it
+demonstrates the error which has been committed in the present instance.
+Let us illustrate our case by an example. Suppose a man found guilty
+under an indictment containing two counts, A and B. To the offence in
+count A, the legislature has annexed one punishment only, viz.
+_transportation_; to that in count B, _imprisonment_. The court awards
+sentence of transportation; and, on a writ of error being brought, the
+court above pronounces count A to be bad. Here it appears INEVITABLY and
+"manifestly" _from the record_, that there has been error; there is no
+escaping from it; and consequently judgment _must_ be reversed. So where
+the judgment is the infliction of punishment "for his offen_ces_"
+aforesaid: there being only two offences charged, one of which is
+contained in a bad count, containing therefore no "_offence_" at all.
+Apply this principle to the present case. Does this record, in
+sentencing the defendant "for his offences aforesaid," _conclusively_
+and _necessarily_ show that the court regarded the sixth and seventh
+counts as containing "offences," and awarded punishment in respect of
+them? We unhesitatingly deny it. The merest tyro can see that it is
+_possible_--and, if so, where is the NECESSARY error?--that the judges
+excluded the vicious counts from their consideration; that they knew the
+law, and could discern what were and what were not "offences;" and
+annexed punishment to only true "_offences_" in the eye of the law. The
+word "offence" is a term of art, and is here used in its strictest
+technical sense. What is that sense? It is thus defined by an accurate
+writer on law: "an _offence_ is an act committed _against a law_, or
+omitted _when the law requires it_, and punishable by it."[25] This word
+is, then, properly used in the record--in its purely technical sense. It
+can have no other meaning; and an indictment cannot, with great
+deference to Mr Baron Parke,[26] contain an "offence" which is not
+"legally described in it;" that is, unless any act charged against the
+defendant be shown upon the face of the indictment to be a breach of the
+law, no "_offence_," as regards that act, is contained in or alleged by
+the indictment. The House of Lords, therefore, has exceeded the narrow
+province and limited authority of a _court of error_, or has presumed,
+upon illegal and insufficient grounds, that the Irish judges did not
+know which were, and which were not "_offences_," and that they did, in
+fact, consider those to be offences which were not, although the record
+contains matter to satisfy the allegation to the letter--viz. a
+_plurality_ of real "offences." Where is Lord Campbell's authority for
+declaring this judgment "_clearly_ erroneous in awarding punishment for
+charges which are _not offences in point of law_?" Or Lord Cottenham's,
+for saying that "the record states that the judgment was _upon all the
+counts, bad as well as good_?" They have none whatever; their assertions
+appear to us, with all due deference and respect, purely arbitrary, and
+gratuitous fallacies; they do violence to legal language--to the
+language of the record, and foist upon it a ridiculous and false
+interpretation. We admit, with Lord Cottenham, that "where the sentence
+is of a nature applicable _only_ to the bad counts," it is incurably
+vicious, and judgment must be reversed--it is the very case which we put
+above; but how does that appear in the judgment under consideration? Not
+at all. The two cases are totally different.
+
+And this brings us to another palpable fallacy--another glaring and
+serious error into which we cannot help thinking the House of Lords has
+fallen, and which is abundantly evidenced by their judgment: viz. that a
+court of error has any concern whatever with, or can draw any inference
+whatever from, the AMOUNT of punishment. The reasoning of the judges is
+here perfectly conclusive. "If a sentence be OF THE KIND which the law
+allows, the _degree_ of it is not within the competence of a court of
+error. If a fine be an appropriate part of the sentence of a court
+below, the excess of it is no ground of error. What possible line can be
+drawn as to the reasonableness and excess, so as to affect it with
+illegality? It is obvious there can be none. If in _this_ case, the
+sentence had been _transportation_, the sentence would have been
+_illegal_: Why? Because not of _the kind_ authorized by law in such a
+case." Any presumption, therefore, made by a court of error, from the
+_amount_ of punishment awarded, as to which of the counts had been taken
+into consideration by the judges in giving their judgment, is manifestly
+based upon insufficient and illegal grounds. Can these principles have
+been duly pondered by the lords? We fear not. Look at Lord Cottenham's
+supposition of two counts for libel: one for a very malignant one, the
+other for one comparatively innocuous; and a sentence of heavy fine and
+imprisonment passed, evidently in respect of the malignant libel, which
+a court of error decides to be no libel at all. Lord Cottenham appears
+to rely greatly on this supposed case; but is it not perfectly clear,
+that it is not a case of error _on the record_--and therefore totally
+inapplicable to the case which he had to consider? The defendant would
+have certainly sustained an injury in that case; Where is the remedy?
+There is _no legal_ remedy, any more than there is when a man has been
+wrongfully _acquitted_ of a manifestly well-proved crime, or unjustly
+convicted of a felony. The mercy, or more properly the sense of
+_justice_ entertained by the _executive_, must be appealed to in either
+case; such power of interposition having, in the imperfection of human
+institutions, been wisely reserved to the supreme power to afford
+redress in all cases where the LAW cannot. Lord Cottenham's reasoning
+appears to us, in short, based upon two fallacies--a _petitio
+principii_, in _assuming_ that judgment was entered upon all the counts;
+the _question_ being, _was_ it so entered? The other is, that a court of
+error is competent to infer, from the _amount_ of punishment, that a
+defendant has been sentenced upon bad counts. Again: the three peers
+admit, that if a sole count contain a quantity of aggravating, but
+really "_irrelevant stuff_" (to adopt Lord Denman's expression,) it will
+not prejudice the judgment, provided the count also contain matter which
+will legally support that judgment. Why should the judges be given
+credit for being able to discard from consideration these legally
+extrinsic matters in a single count, and not also, by the exercise of
+the very same discretion, be able to discard, in considering the record,
+irrelevant and insufficient counts, such as in the eye of the law have
+no existence, are mere nonentities?
+
+For these, and many other reasons which might be assigned, had we not
+already exceeded our limits, we have, after a close and a candid study
+of the judgments delivered by the three peers, and the convincing, the
+conclusive judgments of the great majority of the judges, come, without
+hesitation, to the conclusion, that the Lords have not merely decided
+incorrectly, but have precipitately removed a chief corner-stone from
+the fabric of our criminal law, and have incurred a very grave
+responsibility in so doing. We cannot help thinking, that they have
+forgotten the fundamental distinction which our constitution makes
+between "jus _dare_" and "jus _dicere_." _Jus dederunt, non jus
+dixerunt_--an error, however, easily to be accounted for, by a reference
+to their double capacity, and the confusion it occasions between their
+judicial and legislative functions. We view with grave apprehension the
+power exercised by three members of the House of Lords, of overturning
+so well-established a rule and custom as that attested to them by the
+judges. What security have we for the integrity of our common law? In
+the face of the judges' decisions, how decorous and dignified would have
+been the conduct of the House of Lords in giving way, even if they had
+differed from the judges; lamenting that such _was_ the law of the land,
+and resolving to try and persuade the legislature to alter it, as has
+often been done. Witness the statute of 1 and 2 Geo. IV. c. 78, passed
+in consequence of the decision of the House of Lords in _Rowe_ v.
+_Young_, 2 Brod. and Bing. 165. The House of Commons has resented such
+interference with the laws by the House of Lords; who, in the case of
+_Reeve_ v. _Young_, (1 Salkeld, 227,) "_moved by the hardship of the
+case_, reversed the judgments of the courts below, contrary to the
+opinion of all the judges." But the House of Commons, "_in reproof of
+this assumption of legislative authority in the Lords_," immediately
+brought in the 10 and 11 Will. III. c. 16, which passed into a
+statute.[27] May we venture to suggest that the elaborate, and long,
+and deeply-considered opinions of the judges of the land, who had been
+summoned by the Lords to advise them, were worthy of more than the
+single day, or day and a half's examination which they received before
+they were so peremptorily pronounced to be "_clearly_ erroneous?" And
+may we, with no little pain, suggest to Lord Campbell, that the array of
+_Gamaliels_ at whose feet he had _sate_ during his whole life--whose
+feet he had indeed so very recently quitted--whose integrity, whose
+profound learning, whose sagacity, none has had larger experience of
+than he--are entitled to look at his cavalier-like treatment of their
+best services, with a feeling stronger than that of mere surprise? In
+concluding this long article--in expressing our conviction of the error
+of the Lords--we feel one consolation at all events--that if we err, we
+err in good company; and that we are not conscious of having
+transgressed the limits of legitimate discussion, in exercising as
+undoubted a right of its kind, as these three peers exercised in
+branding so overwhelming a majority of the judges of the land with the
+imputation of ignorance of those laws which all their lives had been
+spent in administering. The very existence of the ancient common law of
+the land is put in jeopardy by such a procedure as that which we have
+been discussing; and our honest conviction, however erroneous, that such
+is the case, will suffice to excuse the freedom of our strictures; if,
+indeed, we require an excuse for echoing the stern declaration of on
+forefathers--_Nolumus leges Angliae mutari_.
+
+As to him who has reaped the benefit of this lamentable miscarriage--Mr
+O'Connell--the law of the land has nevertheless been vindicated, and the
+stability of the empire secured, to a far greater extent than he is
+willing to acknowledge. Agitation he must continue; he _must_ play out
+his base and sordid game. But his powers of mischief are manifestly and
+seriously crippled; and we quit him with the language addressed by Pope
+to a mean one of _his_ day--
+
+    "Uncaged, then let the harmless monster rage--
+    Secure in dulness, madness, want, and age!"
+
+FOOTNOTES:
+
+[1] See the Judgment of the Judges, ordered by the House of Lords to be
+printed, (and from which the quotations in this article have been made,)
+read to the House of Lords by Lord Chief-Justice Tindal, on the 2d
+September 1844.
+
+[2] State Prosecutions, pp. 9, 10. No. CCCXXXIX. Vol. LV.
+
+[3] Blackstone's Commentaries, vol. i. p. 302.
+
+[4] Several distinct offences may undoubtedly be included, in as many
+counts, in one indictment.
+
+[5] Two of the defendants' (the two priests) names do not appear in the
+record of the verdict, as one of them (Tyrrell) died before the trial,
+and as to Tierney, the Attorney-General entered a _nolle prosequi_.
+
+[6] _Comyn's Digest_, title _Pleader_, 3 B. 18.
+
+[7] This is the proper expression. See _M'Queen's Practice of the House
+of Lords,_ p. 256. "They are summoned _for their advice in point of
+law_, and the greater dignity of the proceedings" of the
+Lords.--(_Blackst, Comm._ p. 167.)
+
+[8] 1 _Blackstone's Commentaries,_ p. 69.
+
+[9] Opinions of the Judges, &c.--(Pp. 1-3.)
+
+[10] Opinions of the Judges, p. 23.
+
+[11] 3 _Blackstone's Commentaries_, p. 395.
+
+[12] We quote from the edition of Lord Denman's judgment, sanctioned by
+himself, and edited by D. Leahy, Esq., (one of the counsel in the
+cause.)
+
+[13] A "_demurrer_" is the mode by which any pleading, civil or
+criminal, is denied to be (whether in form or substance) sufficient in
+point of _law_; and a _plea_ is the mode by which is denied the _truth_
+of the _facts_ which the pleading alleges.
+
+[14] Opinions of the Judges, p. 19.
+
+[15] Vol. I., pp. 68-9.
+
+[16] Williams v. Germaine, 7 Bar. and Cress. 476.
+
+[17] Opinions of the Judges, p. 17.
+
+[18] Judgment, (by Leahy,) p. 36.
+
+[19] Opinions of the Judges, p. 28.
+
+[20] Judgment, &c., p. 43.
+
+[21] Opinions of the Judges, p. 28.
+
+[22] Lord Denman's judgment.
+
+[23] Ditto.
+
+[24] Ante.
+
+[25] West's Symbolography, and Jacob's and Tomlin's Law.
+
+[26] Opinions of the Judges, p. 29.
+
+[27] 2 Bla. Comm. 169; and see Mr Christian's Note.
+
+
+
+
+MY COLLEGE FRIENDS.
+
+
+No. I
+
+JOHN BROWN.
+
+Did you ever happen to know a man who spent a whole Christmas vacation
+in Oxford, and survived it? I did. And this is how it came to pass.
+
+"Frank," said the governor one evening after dinner, when the
+conversation had turned upon my approaching return to college, and the
+ticklish question of supplies had been disposed of--"when the deuce do
+you mean to go up for your degree? I have a notion this next term is
+your fifteenth, young man?"
+
+"Why no, sir--that is, not exactly; you know"----
+
+"Oh! true--I forgot that confounded rustication business. Well, it's
+your fourteenth at all events, and I think that's enough."
+
+"Well, sir, I was thinking to have a shy at it after Christmas."
+
+"Shy at it! You've always been _shying_ at it, I think. I hope it mayn't
+end in a _bolt_, Master Frank!"
+
+I laughed dutifully at the paternal wit, and promised to go to work in
+earnest the moment I reached Oxford.
+
+This was a resolution announced periodically like the ballot question,
+and with much the same result. So the governor only shook his head,
+yawned, looked at the bottle, which stood between us nearly empty, and
+prepared apparently for an adjournment.
+
+"I'll tell you what, sir," said I, emptying what remained in the
+decanter into my glass, and swallowing it with a desperate energy
+befitting the occasion, "I'll stay up the Christmas vacation and read."
+
+"The deuce will you! Why, Frank," continued the governor, sorely
+puzzled, "you know your cousins are coming here to spend the Christmas,
+and I thought we should all make a merry party. Why can't you read a
+little at home? You can get up something earlier, you know--much better
+for your health--and have two hours or so clear before breakfast--no
+time like the morning for reading--and then have all the day to yourself
+afterwards. Eh, why not, Frank?"
+
+"If you'll allow me to ring for another bottle of this Madeira, sir, (I
+declare I think it's better than our senior common-room have, and they
+don't consider theirs small-beer,) I'll tell you.----I never could read
+at home, sir; it's not in the nature of things."
+
+"I doubt whether it's much in your nature to read any where, Frank: I
+confess I don't see much signs of it when you are here."
+
+"In the first place, sir, I should never have a room to myself."
+
+"Why, there's the library for you all day long, Frank; I'm sure I don't
+trouble it much."
+
+"Why, sir, in these days, if there are any young ladies in the house,
+they take to the library as a matter of course: it's the regular place
+for love-making: mammas don't follow them into the company of folios and
+quartos while there are three volumes of the last novel on the
+drawing-room table; and the atmosphere is sentimentality itself; they
+mark favourite passages, and sigh illustrations."
+
+"Precious dusty work, Frank, flirtations among my book-shelves must be;
+but I suppose the girls don't go much beyond the bindings: they don't
+expect to get husbands by being blue."
+
+"Not exactly, sir; reviews and title-pages constitute a good part of
+modern literary acquirements. But upon my honour, sir, one hears young
+ladies now talk of nothing but architecture and divinity. Botany is
+quite gone out; and music, unless there's a twang of Papistry about it,
+is generally voted a bore. In my younger days--(really, sir, you needn't
+laugh, for I haven't had a love affair these two years)--in my younger
+days, when one talked about similarity of tastes and so forth, it meant
+that both parties loved moonlight, hated quadrilles, adored Moore's
+Melodies, and were learning German; now, nine girls out of ten have a
+passion for speculative divinity and social regeneration."
+
+"Ay, one sort of nonsense does just as well for them as another: your
+cousin Sophy bothers me to build an Elizabethan pigsty, and wanted her
+poor mother to dance with the butler in the servants' hall last
+Christmas, when the fellow was as drunk as an owl: I hope it mayn't end
+in her figuring off herself with the footman; for Sophy is rather a pet
+of mine, and a right-down English girl after all. But, Frank, if you
+can't read in peace in the library, you surely could have a room fitted
+up for yourself up stairs; and you shall have the great reading-desk,
+with lights, that was your grandfather's, that stands in my little
+sanctum; (he made more use of it, poor man, than I do;) or I don't know
+but what I might spare you the little room itself, if it would suit
+you--eh?"
+
+"Oh, my dear father! I wouldn't disturb you on any account," said I,
+rather alarmed at the extent of my worthy parent's liberality in the
+cause, and fearing it might end in the offer of the whole family to pack
+themselves in the attics, and leave me a first floor to
+myself--calculating, too, the amount of hard reading commensurate with
+such imposing preparations. "What would become of the justice business
+of the parish, sir, if we shut up your tribunal? I don't suppose my
+mother would like to have the constables and the illegitimates
+introduced either into the drawing-room or the kitchen," (this was, as I
+meant it to be, a poser; if Mr Hawthorne senior had a hobby, it was his
+magisterial authority.) "The fact is, that at home, up-stairs or
+down-stairs, I couldn't read. I should have not only my own idleness,
+but the various idlenesses of the whole family combined, to fight
+against. My sisters would be knocking at the door every half hour, if
+only to ask how I was getting on: Bob would tease me to come out
+skating, and Charles would start me perpetually after wild-ducks or
+woodcocks. And you yourself, sir, if I am not much mistaken, would think
+it odd if I didn't take a ride with you as usual after breakfast. Then
+one can't be expected to crawl about one's books by candlelight on a
+winter's morning; and after a six o'clock dinner who can read? After tea
+you know, sir, my mother always likes a rubber when I'm at home; and if
+you are going to have those girls, Jane and Sophy, down this
+Christmas"----
+
+"Ah! well--I see, Frank; I'm afraid it's a hopeless case. Perhaps you
+had better stay up at Oxford after all; you won't have much to disturb
+you there, I suppose. If you don't get moped to death, I certainly don't
+see what's to hinder your reading. You don't feel inclined to try North
+Wales in the winter, I suppose, eh?"
+
+"No, sir," said I, swallowing a last glass of Madeira at a gulp, and
+rising, to cut short a conversation which was beginning to take rather
+an awkward turn--"No, sir, not exactly."
+
+"Why, I don't know, Frank: why not? you'd find the climate cooler, you
+know," persevered the governor, as he followed me into the drawing-room.
+
+So in Oxford it was settled that I should stay; a tolerable character
+for the last term or two, and the notorious fact that I was going up at
+Easter, ostensibly for a class, obtained me the necessary permission:
+strange that, in the University, one should require leave to read! My
+friends, John Brown and Harry Chesterton, were to stay up too; and we
+promised ourselves some hours of hard work, and many merry ones
+together. The vice-principal and one of the juniors, the only fellows
+that would be in residence, were both gentlemen, and always treated the
+under-graduates as such; we should get rid of the eternal rounds of beef
+and legs of mutton that figured at the commoners' table in hall; there
+would be no morning chapel; and altogether, having had nearly enough of
+the noisy gayety of a full term, we looked forward to the novelty of a
+few quiet weeks in college with a degree of pleasure which surprised
+even ourselves.
+
+But alas! under-graduates are but mortals, and subject to somewhat more
+than the ordinary uncertainties of mortal life. It wanted but a week to
+the end of term; all our plans were settled. Brown was to migrate from
+his own rooms in "Purgatory"--as we used to call the little dark back
+quadrangle, where, from sheer laziness, which made him think moving a
+bore, he had remained ever since his first location there as a freshman,
+up three pair of stairs; so that, when his intimate friends wished to
+ascertain if he was at home, we used to throw a stone through the
+window--and was to take up his abode in "Elysium," where he would be
+Chesterton's next-door neighbour, and in the same number as myself. We
+were to have a quiet breakfast in each others' rooms in turn every
+morning; no gross repast of beef-steaks and "spread-eagle" fowls, but a
+slight relish of anchovy toast, potted shrimps, or something equally
+ethereal; and the _chasse-cafe_ limited to one cigar and no bottled
+porter. It was cruel to interfere with such unexceptionable
+arrangements; but a college, though it have a head, has no heart worth
+mentioning; and, in an evil hour, they rusticated John Brown. At least
+they forbade his staying up the Christmas vacation; and, for the credit
+of my friend's character, let me explain. Why John Brown should have
+been a person particularly distasteful to the fellows of ---- College,
+was a matter at first sight rather hard to understand. He was not what
+is called a rowing man; was never found drunk in the quad, or asleep at
+the hall lecture; never sported a pink, or drove a team; was not known
+to have been concerned in any of the remarkable larks which occurred in
+our times; was neither an agent in the Plague of Frogs, nor an actor in
+the private theatricals; was not a member of the Agricultural Society,
+which made the remarkable experiments with clover and ryegrass in the
+college quadrangle; had no talent for midnight howling, sang very small
+in a chorus, capped all the fellows diligently, and paid his battels to
+the minute. He was known to have asked twice for the key of the library,
+put down his name for the senior tutor's pet lecture in "Cornelius
+Nepos," bought the principal's sermon on the "Via Media," and was
+suspected of having tried to read it. He was not clever enough to sneer
+at the tutors, or stupid enough to disgust them. He was too sleepy to
+keep late hours, too fat to pull in the boat, too stingy to give
+supper-parties. How on earth came the fellows not to like John Brown? "A
+most respectable man," the principal always said he was. "Sir," said he
+to his anxious father, when, at the end of his second term, he took the
+opportunity of a professional visit to Oxford to call to know how the
+hope of the Browns was progressing--"Sir, I consider your son a most
+respectable person: I may say a most respectable person;" and as the
+principal had taken wine with him once at dinner, and bowed to him at
+collections, and read "Mr John Brown" twice upon a card at the end and
+beginning of term, and thus had every opportunity of forming an opinion,
+and expressed that opinion oracularly, in a Johnsonian fashion, Governor
+Brown was satisfied. How did the fellows come not to like John
+Brown?--pronounced "most respectable" by the principal--declared by his
+scout to be "the quietest gentleman as he ever a knowed;" admitted by
+the under-graduates to be "a monstrous good fellow, but rather slow;"
+how came John Brown to fail in recommending himself to the favour of his
+pastors and masters--the dean and tutors of ----? Why, in the first
+place, John Brown, the elder, was a wine-merchant; a well-educated man,
+a well-behaved man; but still a wine-merchant. Now the dean's father
+was--I beg his pardon, had been--a linen-draper; neither well-educated
+nor well behaved; in short, an unmitigated linen-draper. Consequently
+the dean's adoration of the aristocracy was excessive. There are few
+such thorough tuft-hunters as your genuine Oxford Don; the man who,
+without family or station in society, often without any further general
+education and knowledge of the world than is to be found at a country
+grammar-school, is suddenly, upon the strength of some acquaintance with
+Latin and Greek, or quite as often, from having first seen the light in
+some fortunately endowed county, elevated to the dignity of a
+fellowship, and permitted to take rank with gentlemen. The "high table"
+in hall, the Turkey carpet and violet cushioned chair in the common
+room, the obsequious attention of college servants, and the more
+unwilling "capping" of the under-graduates, to such a man are real
+luxuries, and the relish with which he enjoys them is deep and strong.
+And if he have but the luck to immortalize himself by holding some
+University office, to strut through his year of misrule as proctor, or
+even as his humble "pro," then does he at once emerge from the obscurity
+of the family annals a being of a higher sphere. And when there comes up
+to commemoration a waddling old lady, and two thin sticks of virginity,
+who horrify the college butler by calling the vice-principal "Dick," no
+wonder that they return to the select society of their native town with
+an impression, that though Oxford was a very fine place, and they had
+real champagne, and wax candles, and every thing quite genteel, and dear
+Richard was very kind, still they did think he was grown rather proud,
+as he never once asked after his old acquaintances the Smiths, and
+didn't like to be teased about his old flame Mary. No wonder that in the
+visits, few and far between, which, during the long vacation, the
+pompous B.D. pays to his humble relations in the country, (when he has
+exhausted the invitations and the patience of his more aristocratic
+friends,) they do not find a trace remaining of the vulgar boy, who,
+some twelve years ago, quitted the seat of the provincial muses to push
+his fortunes in the University of Oxford. In vain does his uncle give up
+his after-dinner pipe, and in place of the accustomed Hollands and
+water, astonish the dusty decanter with port of an unknown vintage in
+honour of his illustrious nephew; in vain does the good old lady
+afore-mentioned, the unworthy mother of so bright a son, quit the
+instruction of pious Mr Jabez Jenkins, the "Independent" minister, and
+turn orthodox and high-church for the nonce, when her dearly beloved
+Richard "officiates" for the rev. the vicar; no ties of home or kindred,
+no memories of boyhood, no glow of early recollections, touch the
+case-hardened parasite of college growth; and when he has banished his
+younger brother to Australia, under pretext of making his fortune,
+married both his sisters, and erected a cheap monument to the
+linen-draper's widow as the "relict of the late Thomas Thompson,
+_Esquire_," he waits in peaceful expectation of a college living, with
+the consciousness of having done his duty by his relations, and
+delivered himself from a drag upon his new career. I do not mean to set
+too high a value on gentle birth, or to limit nobility of character by
+that of blood; I believe my tailor to be one of nature's gentlemen, (he
+never duns,) and I know my next neighbour, Sir John, thirteenth baronet
+as he is, to possess the soul of a huckster, because he sells his fruit
+and game: still these are the exceptions, not the rule; and there are
+few cases of men rising from low origin--rising, that is, from
+circumstances, not from ability--not the architects, but the creations
+of their own fortunes, (for that makes all the difference)--who do not
+carry with them, through all the gradations of their advancement, the
+plebeian instincts, while they forget, perhaps, the homely virtues of
+the class from which they spring. There is a nobility of birth, seldom
+to be counterfeited or mistaken, wholly irrespective of the rank and
+wealth which are either its graceful accompaniments or its insufficient
+substitutes; fostered and strengthened by early habits and education,
+but none the less originally innate--as much an endowment from heaven as
+beauty, strength, or talent, and more valuable than all. Many men have
+the tact to adapt themselves to the station and the society to which
+they have risen, however much above their own level; they acquire the
+habits and the tastes, seldom the feelings, of a gentleman. They act the
+character well; it is carefully studied, and on the whole well
+sustained; it is a correct and painstaking performance, and the points
+tell distinctly; but there is throughout that indirect appeal to the
+audience which marks it to be only acting. They are more studiously
+aristocratic than the aristocracy, and have a horror of vulgarity which
+is in itself essentially vulgar.
+
+And such a man was the dean of ----. On the philosophic principle of
+hating all to whom we are under obligations, if there was any thing he
+cordially detested, it was trade. His constant aim was to forget his
+unfortunate origin himself, if possible to lead others who knew him to
+forget it, and to keep strangers from knowing it at all. And as he
+shrank from every shape and sound plebeian, so he industriously
+cultivated every opening to "good society." There was not a member of
+his own college, graduate or under-graduate, of any pretensions to
+family, who could not speak from experience of the dean's capital
+dinners, and his invariable urbanity. No young honourable, or tenth
+cousin to an honourable, ever got into a row, that he had not cause to
+bless the dean's good offices for getting him out. And if some of the
+old stagers contented themselves with eating his dinners, and returning
+them in the proportion of one to five, the unsophisticated gratitude of
+youth, less cunning in the ways of the world, declared unhesitatingly,
+in its own idiomatic language, "that old Hodgett was a regular brick,
+and gave very beany feeds." And so his fame travelled far beyond his own
+collegiate walls, and out-college honourables and gentlemen-commoners
+were content to make the acquaintance, and eat the dinners that were so
+freely offered. And as the dean had really some cleverness, and "a
+well-assorted selection" of anecdotes and illustrations "from the best
+markets," (as his worthy father would have advertised it,) and could
+fill the chair at his own entertainments with ease if not with
+gracefulness, and moreover was not close with his purse-strings, and
+could always be reckoned safe for a L.20 note if a dun was troublesome,
+(well knowing that even under-graduates make exceptions in favour of
+debts of honour,) he became, among his younger friends especially, a
+very popular man. And when those who had enjoyed his good fare, and
+profited by his friendly offices with duns and proctors, found that,
+after all, he was "nobody," all they said was, that it was a pity, and
+that he was a monstrous good fellow none the less. And one invited him
+to spend the Christmas with him down at the governor's in Kent, where
+there was to be a regular houseful, and merry-making of all sorts, and
+another would have him into Norfolk in September for the shooting--(the
+dean never shot, but wisely said nothing about it until he got into
+good quarters, when he left his younger friends to beat the stubbles,
+while he walked or drove with Lady Mary and Lady Emily, and eat the
+partridges;)--so that on the whole he felt himself rather an ill-used
+individual if there was a week of the vacation for which he had not an
+invite. If such a rare and undesirable exception did happen, seldom
+indeed did he bestow himself, even for a day or two, upon his mother and
+sisters at Nottingham; and never did he, by any oversight, permit a
+letter to be addressed to him there; if it could not conveniently bear
+the address of some of his titled entertainers, it was to meet him at
+his college, to which he usually retired to await, with sufficient
+discontent, an invitation, or the beginning of term; while he took pains
+to have it understood, that his temporary seclusion was hardly spared
+him from the hospitable importunities of those whom he delighted to call
+"his many friends," in order to attend to important business.
+Occasionally, indeed, it would happen that the natural sagacity of some
+old English gentleman, or the keen eye of an experienced courtier, would
+fathom at a glance the character of his son's invited guest, and treat
+him with a distant politeness which he could neither mistake nor get
+over; but, on the whole, his visits among his aristocratic entertainers
+were agreeable enough, and he was not a man to stick at an occasional
+trifle. His youthful _proteges_ were glad to be able to repay in the
+country many kind offices at Oxford, and to become patronizers in their
+turn; and the seniors redoubled, in the case of their son's friend, the
+hospitality and courtesy they would have readily shown to a stranger,
+and were not eager to scrutinize the motives which might have induced
+him to be civil to the hopeful stripling, whom, in their partial view,
+the whole university might well have delighted to honour.
+
+In the eyes of such a man, John Brown was not likely, at first starting,
+to find much favour. Had he been a rich man, and sported the velvet cap
+and silk gown, the unhappy fact of his father's being in trade might
+have been winked at. If not in the front rank of the dean's friends he
+might have filled a vacant seat occasionally at his dinner-table, and
+been honoured with a friendly recognition in the quadrangle. At it was,
+he did not condescend to remember that such a man was on the college
+books. Happy ignorance, if only it could have lasted. But one unlucky
+morning a late supper party had decidedly thinned the attendance at the
+hall lecture; and Mr Hodgett, having been disappointed of an invitation
+to a very select dinner at the principal's, was in no very benignant
+humour, and "hauled up" the defaulters. Among them was one of the dean's
+pets--who, having done the same thing a dozen times before, was rather
+astonished at the summons--and the usually regular John Brown. What
+excuses the rest of the party made is immaterial. John, I believe, said
+nothing, beyond a remark as to his having been rarely absent. The
+result, however, was, that he and the rest got an imposition, which cost
+them half-a-guinea each to get done by the under-cook, (it was Greek
+_with_ the accents, which comes expensive,) while the Honourable Lumley
+Skeffington was dismissed with a jocular reproof, and an invitation to
+breakfast. Now, if Mr Skeffington had had the sense to have kept his own
+and his friend's counsel, this might have been all very well. But being
+a somewhat shallow-pated youth, and a freshman to boot, he thought it a
+very fine thing to talk about at his next wine-party, and boast that he
+could cut lecture and chapel when he pleased--the dean and he understood
+each other. Brown happened to be present; (for though not good company
+enough for the dean, he was for his betters; your _parvenu_ is far more
+exclusive in his society than your born gentleman;) he quietly enquired
+into the facts; and finding that what he had before been inclined to
+consider as undue severity in his own case, was positively an injustice
+compared with that of another, appreciating thoroughly the character of
+the party he had to deal with, and coupling the present with certain
+previous minor snubbings from the same quarter, he from that moment
+declared war.
+
+Now, the Rev. Mr Hodgett, sedate and dignified as he was, had better
+have danced a hornpipe in his thinnest silks amongst a bed of stinging
+nettles, or have poked sticks into a wasp's nest, or amused himself with
+any other innocent recreation, than have made an enemy of John Brown. It
+was what he himself would have called a wrong move, and it played the
+deuce with his game. John was the very man who could annoy him, and he
+did. None of us knew he had so much ingenuity, or so much malice in his
+composition, until he commenced his hostilities against the dean. The
+fact was, he was more piqued, perhaps, than any other man in college
+would have been by so small a matter. Too sensible to be really ashamed
+of being the son of a man in trade, he was conscious, nevertheless, that
+it was in some sort a disadvantage to him, and that, descended as he was
+from an old and once knightly line, (his father had been an ill-used
+younger son,) he did not quite occupy his proper position in the world.
+His feeling of this made him sensitive to a fault; it led him rather to
+shun than to seek the society of his contemporaries; and much as he was
+esteemed by myself and others who knew him well, I will not say that he
+was a universal favourite. Men did not understand him: at that time of
+life (alas, why not always?) most of us are open and free-hearted; they
+did not relish his shy and reserved manner, his unwillingness to take
+the initiative in any social intercourse, his _exigeance_ to a certain
+extent of those forms which the freedom of college friendship is apt to
+neglect. "Why didn't you turn into my rooms the other night, when you
+came in from Oriel?" said I to him early in our acquaintance. "Hobbs
+says he told you I had some men to supper."--"You didn't ask me," was
+the quiet reply.--"I couldn't see you, or else I should; but you might
+have known I wanted you; don't serve me such a trick as that again, old
+fellow." But it let me into a secret of his character, and ever after
+that, I was as particular in my invitations as possible. Men thought him
+proud, and cold, and touchy, which he was not; and stingy, which he
+scorned to be, from his contempt for ostentation in any shape. The
+rarity of his wine-parties, and his never having other wines produced
+than port or sherry, he himself explained to me--"Men would say, it was
+easy for me to sport claret and champagne, when I could get them for
+nothing." But if an unthinking freshman broke out in praise of the said
+excellent port or sherry, (as indeed they might well be pardoned for
+doing, considering the quality of what they commonly imbibed,) he would
+say at once--"Yes, I believe it is good; I know my father considers it
+so, and it has been in bottle above twelve years." There was no shirking
+the question for a moment. And excellent wine he got for me from his
+father, at a moderate price, at his own offer. Hating then, as he did
+undisguisedly, the tuft-hunting and affectation of _haut-ton_, which was
+so foreign to his own nature, he felt, perhaps excusably, annoyed at
+their palpable existence and apparent success, in a man, whose station,
+as he said, ought to have kept him from meanness, if it could not give
+him dignity.
+
+At all events, his method of retaliation--"taking down the dean"--as he
+called it was most systematic and persevering. He let the matter of the
+imposition pass over quietly; was for some months doubly attentive to
+all his college duties; carefully avoided all collision with his
+adversary; kept out of his way as much as he could; and whenever brought
+into contact with him, was as respectful as if he had been the
+Vice-chancellor. This had its effect: John began to rise in the dean's
+good graces; and when he called upon him in the usual course of
+etiquette, to mention that he should be absent the vacation of three
+days which intervenes between the two short terms, the meeting, on one
+side at least, was almost cordial. A day or two after his return, (he
+had been to visit a friend, he said,) we were in his rooms at breakfast
+together, when the dean's scout entered with his master's compliments to
+request Mr Brown's company to breakfast. Then it was that John's eyes
+dilated, and he rubbed his hands, as soon as the door was shut, with an
+excitement rather unusual.
+
+"Do you know who breakfasts with the man to-morrow? Do you, Hawthorne?"
+
+"Why, I had a message this morning," said I, "but I don't mean to go. I
+shall have a headach or something to-morrow. I have no notion of going
+there to eat my own bread and butter, and drink his very bad tea, and
+see a freshman swallow greasy ham and eggs, enough to turn the stomach
+of any one else; and then those Dons always make a point of asking me to
+meet a set of regular muffs that I don't know. The last time I went,
+there were only two reading-men in spectacles, perfect dummies, and that
+ass, young Medlicott, who talks about hunting, and I believe never
+crossed the back of anything higher than a donkey."
+
+"You had better come to-morrow; perhaps you will have some fun."
+
+"Why, who is going there, do you know?"
+
+"I haven't a notion; but do come. I must go, and we will sit together,
+and I'll get the cook to send up a dish of deviled kidneys for you."
+
+There was something in his eye as he said this which I could not make
+out, and it rather puzzled me to find him so willing to be of the party
+himself. However, he was an odd fellow, so I promised to go, and we
+parted; certainly with little anticipation on my part of what the "fun"
+was to be.
+
+Nine o'clock the next day arrived, and punctual to the minute might be
+seen two freshmen, from opposite corners of the quadrangle, steering for
+the dean's rooms. Ten minutes afterwards, an interesting procession of
+coffee-pots and tin-covers warned me to finish my toilet; and following
+them up the staircase, I found a tolerably large party assembled.
+
+"Just in time--just in time, Mr Hawthorne," said the dean, who appeared
+to be in high good-humour, "as my old pupil, Sir Charles Galston, used
+to say, (you don't know him, do you? he's your county man, too, I
+believe,)--as he always used to say, 'Gad, Hodgett, just in time to see
+the muffins break cover!' ha, ha! Take those tins off, Robert."
+
+We sat down, and for some time every thing went on as slow as it usually
+does at breakfast parties. At length, taking advantage of a pause, after
+laughing his loudest at one of our host's stories, John Brown broke out
+with "How is Mrs Hodgett, sir?"
+
+If Mrs Hodgett, instead of the dean's most respectable mother, had been
+his lawful wife, hitherto unacknowledged through fear of losing his
+fellowship, he could not have looked more thoroughly horrified. I myself
+was considerably taken aback; some of the other men, who knew the
+reverend gentleman's tenderness on the subject of his family connexions,
+picked their chicken-bones, and stirred their coffee with redoubled
+attention. John Brown and the two freshmen alone looked as cool as
+cucumbers.
+
+"Eh? oh--h," stammered the party addressed, "quite well, thank
+you--quite well. Let me give you some of this--oh, it's all gone! We'll
+have some more; will one of you be kind enough to ring? My friend,
+Lord"----
+
+"No more for me, thank you, sir, I beg," said John. "Have you heard from
+Mrs Hodgett since the vacation?"
+
+"No--yes; oh dear, yes, several times!" (It was about five days back.)
+"She was quite well, thank you. In town at present, I believe. You were
+in town during the vacation, I think, Mr Wartnaby? Did you meet your
+uncle Sir Thomas there, or any of the family?"
+
+"Sir T-T-Thom...." began young Wartnaby, who stammered terribly.
+
+"I beg your pardon, sir," struck in John Brown, "are you sure Mrs
+Hodgett is in town? I saw her in Nottingham myself on Friday; I made my
+first acquaintance with her there, and a very charming old lady she is."
+
+Mr Hodgett's confusion could only be rivaled by Mr Brown's perfect
+self-possession. I began to see the object of his kind enquiries; so,
+probably, did the victim himself. The other men who were present
+thought, I suppose, that it was only an unfortunate attempt of John's to
+make himself agreeable; and while some were amused by it, a more
+considerate friend kicked my shins in mistake for his, under the table.
+
+"She certainly told me, sir, she should be going up to London in a few
+weeks, to purchase her winter stock, I think she said; but I did not
+understand that she was to be there now."
+
+John had got on thus far before his enemy could rally at all; but the
+dean grew desperate, and resolved to make a diversion at all hazards;
+and as he reached his hand out, apparently in quest of a slice of toast,
+cup, saucer, and a pile of empty plates, went crashing on the floor.
+
+"Bless me, how very awkward!" said he, with a face as red as fire.
+
+"Never mind, sir," said a freshman from Shrewsbury, just entered who had
+not opened his lips before, and thought it a good opportunity; "it's all
+for the good of trade."
+
+Never was a stale jest so unconsciously pointed in its application.
+Brown laughed of course, and so did we all; while the dean tried to
+cover his confusion by wiping his clothes--the cup having been an empty
+one. The freshman, seeing our amusement, thought he had said a very good
+thing, and began to talk very fast; but nobody listened to him.
+
+"Talking of trade," mercilessly continued the tormentor, "I was
+uncommonly pleased with Nottingham the other day. Your brother-in-law,
+Mr Mogg, was exceedingly civil to me, (I took the liberty of mentioning
+your name, sir;) he showed me the whole process of stocking-making; very
+interesting indeed it is--but of course you have seen it often; and I
+really think, for a small establishment, Mr Mogg's is one of the best
+conducted I ever saw. You don't know Mr Mogg, Hawthorne, do you? Get the
+dean to give you a letter to him, if you ever go to Nottingham; a very
+good sort of man he is, and has his whole heart in his business. 'Some
+men are ashamed of their trade, sir' said he; 'I a'n't. What should I
+do, I should like to know, if trade was ashamed of me?' And really Mrs
+Mogg"----
+
+"Ah yes!" said Mr Hodgett, hitherto overwhelmed by John's eloquence, (he
+never talked so fast,) and utterly at a loss how to meet it, "Mogg is a
+great man in his line at Nottingham. I shouldn't wonder if he was member
+some day; he has a large wholesale connexion."
+
+"And retail, too, sir," chimed in John. "I bought six pair of the nicest
+sort of stockings there I have seen for a long time: did I show them to
+you, Hawthorne? 'These,' said Mr Mogg, 'I can recommend; I always'"----
+
+"If you won't take any more coffee, gentlemen," said the dean, jumping
+up and looking at his watch, "I am afraid, as I have an appointment at
+ten"----
+
+"I declare, so have I," said Brown; "but I had quite forgotten it, our
+conversation has been so very agreeable. Good-morning, sir; and if you
+are writing to Mrs Hodgett, pray make my compliments." And with this
+Parthian shaft he quitted the field.
+
+Having adjusted the difficult questions which are apt to arise as to the
+ownership of caps and gowns, the rest of the party took leave. The
+facetious freshman, after putting in an ineffectual claim upon one or
+two of the most respectable of the caps, at last marched off with the
+dean's, as being certainly more like the new one he had bought the day
+before, than the dilapidated article with a broken board and half a
+tassel, which was the tempting alternative, and possessing also the
+common property of having a red seal in it. He was not allowed, however,
+to remain long in peaceful possession of his prize. Scarcely had he
+reached his rooms, when Robert, the dean's scout, came to inform him
+that he had left his own cap (which Robert presented to him with a grin)
+behind him, and taken away Mr Hodgett's in mistake; enlightening him, at
+the same time, as to the fact, that fellows' caps, by special exemption,
+were "not transferable." And when he ventured to send back by Robert an
+apology, to the effect that the very ancient specimen could not at all
+events be his, and a humble request that the dean would endeavour to
+ascertain which of his friends whom he had met at breakfast had also
+"made a mistake," that official, remembering his happy _debut_ as a
+conversationalist, instantly sent for him, and read him a severe lecture
+upon impertinence.
+
+Of course we were no sooner fairly landed in the quadrangle, than all
+who had any acquaintance with Brown surrounded him with entreaties for
+an explanation. What possessed him to make such a dead set at the dean?
+How came he to be so well up in the family history? How long had he had
+the pleasure of an acquaintance with dear old Mrs Hodgett? And who
+introduced him to Mr Mogg?
+
+It turned out that John had made an expedition to Nottingham during the
+vacation on purpose; he had called on the old lady, whose address he had
+with some difficulty obtained; presented his card, "Mr John Brown, ----
+Coll.;" stated that he was a stranger, very desirous to see the lions of
+Nottingham, of which he had heard so much; and having the honour of
+knowing her son, and the advantage of being at the same college with
+him, and having so often heard her name mentioned in their many
+conversations, that he almost felt as if she was his intimate
+acquaintance, had ventured to intrude upon her with a request that she
+would put him in the way of seeing the town and its manufactures to the
+best advantage. Much taken, no doubt, by John's polite address, which by
+his own recapitulation of it must have been highly insinuating, and
+delighted to see any one who could talk to her about her son, and to
+learn that she herself was talked about among his grand friends in
+Oxford, the worthy Mrs Hodgett begged John Brown to walk in; and finding
+that there was nothing high about him, and that he listened with the
+greatest interest to all her family details and reminiscences, she took
+courage to ask him to eat a bit of dinner with her and her daughter at
+two o'clock, after which she promised him the escort of her son-in-law,
+Mr Mogg, the principal (that was what they called them up at Nottingham,
+just as they did in Oxford, she observed) of the great stocking-house
+over the way. Such a man he was! she said; every bit as good as a book
+to a stranger; "he knowed every think and every body." John assured her
+such universal knowledge was not common among principals of houses in
+Oxford; and declared that he should appreciate the services of such a
+guide proportionately. And as an introduction to the whole family was
+just the thing he wanted, he at once accepted the invitation with many
+thanks. In short, an arrangement was made which pleased all parties;
+all, that is, with the exception of Mr Spriggins, the head shopman, who
+usually took his meals with the family, but on that day, to his great
+disgust, not being considered of quality to meet their unexpected guest,
+(not being a principal,) received intimation that his dinner would be
+served in the counting-house. The dinner passed off, no doubt, much more
+satisfactorily than more formal affairs of the kind. John had a good
+appetite and good-humour, and so had the old lady; and no doubt, even in
+Miss Hodgett's eyes, the young Oxonian was no bad substitute for Mr
+Spriggins. Even that gentleman, could he have foreseen all that was to
+follow from this visit, would have exchanged for his blandest smile the
+stern glance with which he regarded, from the little back window of the
+counting-house, the procession of John, with Miss Hodgett under his arm,
+from the drawing-room, to take the seat which should have been his;
+would have made him his most obsequious bow, and regarded him as the
+best customer that had ever come inside their doors.
+
+But perhaps I am wronging Mr Spriggins in assuming that he thought the
+usurper of his rights worthy of a glance at all: and certainly I am
+anticipating my story. John dined with the old lady; drank her currant
+wine in preference to her port, ate her seed biscuits, and when Mr Mogg,
+in pursuance of a message from his mother-in-law, called to renew in his
+own person the offer to show his relation's distinguished friend, (Mrs
+Hodgett had hinted her suspicions that John Brown was a nobleman,) he
+was ready, though rather sleepy, to commence his lionizing. Mr Mogg was
+exceedingly civil, showed him every thing worth seeing, from the castle
+to the stocking-frames; and by the time they returned together to supper
+at the old lady's, they had become very thick indeed. John called the
+next day and took his leave of both parties, with a promise not to pass
+through Nottingham without renewing his acquaintance, and that he would
+not fail to mention to his friend the dean how much he had been
+gratified by his reception; both which pledges he scrupulously redeemed.
+
+Mr Hodgett's indignation was unbounded; if the united powers of
+vice-chancellor, doctors, proctors, and convocation, could, by rummaging
+up some old statute, have expelled John Brown for paying a visit to
+Nottingham, he would have moved the university to strive to effect it.
+Happily these powers never are united, or there is no saying what they
+might not do. So John remained a member of the college still. The dean
+seldom looked at him if he could help it; he tried once the soothing
+system by praising him at collections, but it only elicited from John a
+polite enquiry after Mr and Mrs Mogg.
+
+What man could do to extricate himself from his unfortunate position,
+the dean did. He wrote off immediately to his mother, entreating her, by
+her hopes of his advancement in life, not to allow the name of Hodgett
+to be any longer contaminated by any touch of linen-drapery. He
+suggested that she should at once make over the business to her foreman,
+Spriggins, reserving to herself an interest in the profits, and retire
+to a small and genteel cottage in the suburbs, where no impertinent
+intruder could detect the linen-draper's widow. She, worthy old soul,
+though it did grieve her, no doubt, to part with her shop, in which were
+centred the interests and associations of so many years, yet would have
+set fire to it with her own hands, and emigrated to America--though she
+knew it only as a place where banks always broke, and people never paid
+their debts--if it could in anyway have furthered his interests whom she
+loved better than he deserved. She always looked upon him as a
+gentleman, and did not wonder he wished to be one, though she herself
+had no manner of taste for becoming a lady.
+
+But in the simplicity of her heart, she planned that even this sacrifice
+to her motherly affection might be turned to some account in the way of
+trade. Accordingly, there appeared in the _Nottingham Herald_ an
+advertisement, extending across two columns, headed with imposing
+capitals, by which the public were informed that Mrs Hodgett being about
+to decline her long-established linen-drapery business in favour of Mr
+Spriggins, the whole stock was to be turned into ready money
+immediately, "considerably below prime cost;" by which means the public
+had no doubt an opportunity of giving full value to Mrs H. for sundry
+old-fashioned patterns and faded remnants, which the incoming Spriggins
+would otherwise have "taken to" for a mere song.
+
+Now, since the time that John Brown began first to take so deep an
+interest in the Hodgett family, he had regularly invested fourpence
+weekly in a copy of the _Nottingham Herald_. By this means he had the
+satisfaction of congratulating the dean upon the birth of a nephew, in
+the person of a son and heir of the Moggs: and though so carefully did
+that gentleman avoid all communication with his tormentor, that he was
+obliged for two whole days to watch an opportunity to convey the
+intelligence; yet, as he finally succeeded in announcing it in the
+presence of the tutor of a neighbouring college, who was a profound
+genealogist and a great gossip, his pains, he declared, were
+sufficiently repaid. The eagerness with which he pounced upon the
+advertisement may be imagined; and finding, from a little _N. B._ at the
+bottom, that handbills with further particulars were to be had at the
+office, he lost no time in procuring half a dozen by post; and one
+morning the usual receptacles for university notices, the hall-door and
+the board by the buttery, were placarded with staring announcements, in
+red and black letters, six inches long, of Mrs HODGETT'S speculation.
+One was pushed under the dean's door; one stuck under the knocker at the
+principal's; one put into the college letterbox for "the senior
+common-room;" in short, had good Mrs Hodgett herself wished to have the
+college for her customers, she could hardly have distributed them more
+judiciously.
+
+In short, no pains were spared by John Brown to tease and worry the dean
+with all the particulars of his family history, which he would most have
+wished to bury in oblivion. And to do him justice, he in his turn spared
+no pains to get rid of John Brown. He would have allowed him to cut
+lectures and chapels _ad libitum_, if he thus could have spared all
+personal intercourse, and escaped his detested civilities. Finding that
+would not do, he tried the opposite course, and endeavoured either to
+get him rusticated at once, or to disgust him with the college, and thus
+induce him to take his name off. John was cautious--very cautious; but a
+war against the powers that be, is always pretty much of an uphill game;
+and so at last it proved in his case.
+
+John had another enemy in the college, of his own making too; this was
+Mr Silver, the junior tutor. He was a man of some scholarship and much
+conceit; took a first class when very young, having entered college a
+mere schoolboy, and read hard; got his appointment as tutor soon after,
+and sneered at older men on the strength of it. He pretended to be
+exceedingly jocular and familiar with his pupils, but was really always
+on the alarm for his dignity. His great delight was to impress the
+freshmen with an idea of his abilities and his condescension. "Always
+come to me, Mr ----, if you find any difficulties in your reading--I
+shall be most happy to assist you." This language, repeated to all in
+turn, was, not unnaturally, literally understood by the matter-of-fact
+John Brown; who, perhaps, could see no good reason why a college tutor
+should _not_ be ready to aid, as far as he could, the private studies of
+those who are so often in want of sensible advice and encouragement.
+However, it did not occur to him, when he took up to Mr Silver's rooms
+one morning after lecture, a passage that had puzzled him, that he was
+doing a very odd thing, and that the tutor thought so. As these
+consultations became more frequent, however, he began to perceive, what
+other men were not slow to tell him, that Mr Silver thought him a bore.
+And the moment this flashed upon him, with his unfortunate antipathy to
+any thing like humbug, he began another war of independence. He selected
+crabbed passages; got them up carefully by the help of translations,
+scholiasts, and clever friends; and then took them up hot to Mr Silver.
+And when he detected him slurring a difficulty instead of explaining it,
+or saying there was no difficulty at all, John would bring up against
+him his array of objections to this or that rendering, and arguments for
+and against various readings, &c., till Mr Silver found himself fairly
+out of his depth. At first this puzzled him, and he very nearly
+committed the mistake of pronouncing John Brown a first-rate scholar in
+the common-room; but when he found his performance at lecture did not by
+any means keep pace with the remarkable erudition sometimes displayed by
+him in private, he began in his turn to suspect the trick. He dared not
+refuse to play his part, when called upon, in these learned discussions,
+though he dreaded them more and more; for his college reputation was at
+stake, and there were some among the older fellows who looked upon him
+as rather an assuming young man for understanding what they did not
+pretend to, and would have been glad to have had a joke against him; but
+he began cordially to hate John Brown; he gave him all the difficult
+bits he could at lecture; sneered at him when he dared; and practised
+all those amiable embellishments which make schoolmasters and tutors
+usually so beloved, and learning in all its branches so delightful.
+
+It is not to be wondered at, then, if John's kind friends somewhat
+damaged his reputation among the Dons, and watched their opportunity to
+annihilate him. It came, and they were down upon him at once. Some
+half-dozen noisy men, the survivors of a supper-party, had turned into
+Brown's rooms (he seldom sat up so late) for a parting cigar. Having
+accomplished this, they took it into their heads to dance a quadrille in
+the middle of the covered thoroughfare, for the benefit of the echo, to
+the music of six individual tunes sung in chorus. So strange a
+performance brought down some of the fellows; the men were not
+recognised, but traced to Brown's rooms. He refused to give up their
+names--was declared contumacious; and, in spite of the good-natured
+remonstrances of the principal and one or two of the others, his enemies
+obtained a majority in the common-room; and it was decided that John
+Brown was too dangerous a character to be allowed to remain in college
+during vacation. But they had not got rid of him yet.
+
+About two miles out of Oxford, on the C---- road, if any one takes the
+trouble to turn up a narrow lane, and then follow a footpath by the side
+of the canal, he will come to one of the most curious-looking farmhouses
+that he (or at least I) ever met with. It is a large rambling
+uninhabited-looking place; the house, as is not unusual, forming one
+side of a square enclosure, of which the barns and outhouses make up the
+rest. The high blank walls of these latter, pierced only here and there
+by two or three of the narrowest possible lancet-holes, give it
+something the air of a fortification. Indeed, if well garrisoned, it
+would be almost as strong a post as the Chateau of Hougoumont; with this
+additional advantage, that it has a moat on two sides of it, and a
+canal, only divided from it by a narrow towing-path, on a third. The
+front (for it has a front, though, upon my first visit, it took me some
+time to find it, it being exactly on the opposite side to the approach
+at present in use, and requiring two pretty deep ditches to be crossed,
+in order to get at it from the direction)--the front only has any
+regular windows; and of these, most of the largest are boarded up,
+(some, indeed, more substantially closed with brick and mortar) in order
+to render it as independent as possible of the glazier and the assessor
+of taxes. There is a little bridge, very much decayed, thrown across the
+narrow moat to what was, in former days, the main entrance; but now the
+door was nailed up, the bridge ruinous, and the path leading to it no
+longer distinguishable in the long rank grass that covered the wet
+meadows upon which the house looked out. It was a place that filled you
+involuntarily with melancholy feelings; it breathed of loneliness and
+desolation, changed times and fallen fortunes. I never beheld it but I
+thought of Tennyson's "Mariana in the moated Grange"--
+
+    "Unlifted was the clicking latch,
+    Weeded and worn the ancient thatch
+    Upon the lonely moated Grange."
+
+Brown and I, in some of our peregrinations, had stumbled upon this old
+house; and after having walked round it, and speculated upon its
+history, made our way through an open door into the spacious court-yard.
+If the outside looked desolate, however, the interior was lively enough:
+cattle, pigs, geese, ducks, and all the ordinary appurtenances of a
+well-stocked farm, gave token that the old place was still tenanted; and
+a large mastiff, who stalked towards us with a series of enquiring
+growls, evidently demanding our business, and suspicious of our good
+intentions, made us not at all sorry to see a stout good-natured-looking
+dame, a perfect contradiction to the poet's woe-worn "Mariana," who,
+after bidding Boxer hold his noise, volunteered a compendious history of
+herself and husband in answer to our simple question as to the name of
+the place. How good Farmer Nutt and herself had lived there for the last
+seventeen years; how the old place belonged to Squire somebody, and
+folks said that some gentry used to live in it in times past; what a
+lonesome-like life they thought it when they first came, after living in
+the gay town of Abingdon; how, by degrees, they got to think it pretty
+comfortable, and found the plashy meadows good pasturage, and the house
+"famous and roomy-like;" this, and much besides, did we listen to
+patiently, the more so because an attempt or two at interruption only
+served to widen the field of her discourse. The wind-up of it all,
+however, was, that we were asked to walk in and sit down, and so we did.
+A civil farmer's wife, a very common character in most parts of England,
+is, I am sorry to say, somewhat too much of a rarity about Oxford;
+whether their tempers are too severely tried by the "fast men," who hunt
+drags and ride steeple-chases to the detriment of young wheat and
+new-made fences; or by the reading-men, who, in their innocence, make
+pertinacious visits in search of strawberries and cream in the month of
+March, or call for the twentieth time to enquire the nearest way to
+Oxford, (being ignorant of all topography but that of ancient Rome and
+Athens;) or whether they regard all gownsmen as embryo parsons and
+tithe-owners, and therefore hereditary enemies; whatever be the reason,
+it generally requires some tact to establish any thing like a friendly
+relation with a farmer or his wife in the neighbourhood of the
+university. However, Mrs Nutt was an exception; and nothing could exceed
+the heartiness with which she set out her best wheaten bread and rich
+Gloucester cheese, and particular ale--an advance towards further
+acquaintance which we met with due readiness. In short, so well were we
+pleased with the good dame's hospitable ways, and her old-fashioned
+house, and even with her good-humoured loquacity, that our first visit
+was not our last. The farmer himself, a quiet, good-natured, honest
+yeoman of about sixty, who said very little indeed when his wife was
+present, (he had not much chance,) but could, when disposed, let out
+many a droll story of "College Gents" in bygone days, when he was a
+brewer's apprentice at Abingdon, came, by invitation, to taste the
+college tap, and carried home in each pocket a bottle of wine for "the
+missus."
+
+When John Brown, Esquire, found his intentions of wintering within the
+walls of ---- so unexpectedly defeated, he cast about diligently in his
+own mind for a resting-place for himself, his books, and a nondescript
+animal which he called a Russian terrier. Home he was determined not to
+go--any where within the boundaries of the University, the College were
+equally determined he should not stay; and we all settled that he would
+fix himself for the vacation either at Woodstock, or Ensham, or
+Abingdon; the odds were in favour of the latter place, for John was a
+good judge of ale. It was not, therefore, without considerable
+astonishment that one morning, at breakfast in my room, after devouring
+in rigid silence a commons of broiled ham for two, and the last number
+of _Pickwick_, (John seldom laughed, but read "Boz" as gravely as he
+would Aristotle,) we heard him open his heart as follows:--
+
+"I say, old fellow, where do you think I am going to put up this
+vacation?"
+
+"Really, John, you're such an odd fellow it's impossible to guess; if it
+had been summer, I shouldn't have been at all surprised to hear of your
+having pitched a tent at Bullingdon, or hired a house-boat, and lived
+Chinese fashion on the river; but I suppose you would hardly think of
+that plan at this time of the year."
+
+"Nonsense, man; you know the Moated Grange, as you call it--old
+Nutt's!--I've taken lodging there."
+
+"The Grange! Well, there's no accounting for tastes; but if there were
+any empty rooms in the county jail, I almost think I should prefer them,
+especially when one might possibly get board and lodging there gratis."
+
+"Don't be absurd; I shall be very comfortable there. I'm to have two
+rooms up-stairs, that will look very habitable when they've cleaned down
+the cobwebs, and got rid of the bats; Farmer Nutt is going to lay poison
+for the rats to-night, and I can go in, if I like, on Monday."
+
+"Upon my honour, John, Chesterton and I can never come and see you in
+that miserable hole."
+
+"Don't, then; I'm going there to read: I sha'n't want company."
+
+It turned out that he was really in earnest; and the day after the
+University term was ended, the Grange received its new tenant. We went
+down there to instal him; it was the first time Chesterton had seen the
+place, and he was rather envious of our friend's selection, as he
+followed him up-stairs into the quaint old chambers, to which two
+blazing log-fires, and Mrs Nutt's unimpeachable cleanliness, had
+imparted an air of no little comfort. The old oaken floor of the
+sitting-room had been polished to something like its original richness
+and brilliancy of hue, and reflected the firelight in a way that warmed
+you to look at it. There was not a cobweb to be seen; and though old
+Bruin snuffed round the room suspiciously, Farmer Nutt gave it as his
+conscientious opinion that every rat had had a taste of the "pyson."
+There was no question but that if one could get over the dulness of the
+place, as far as accommodation went there need be little cause to
+complain.
+
+"I shall get an 18-gallon of Hall and Tawney, and hire an easy-chair,"
+said John, "and then _won't_ I read?"
+
+Full of these virtuous resolutions we left him; and how he got on there
+my readers shall hear another day.
+
+                                        H.
+
+
+
+
+THE TOMBLESS MAN. A DREAM.
+
+BY DELTA.
+
+
+    I.
+
+    I woke from sleep at midnight, all was dark,
+    Solemn, and silent, an unbroken calm;
+    It was a fearful vision, and had made
+    A mystical impression on my mind;
+    For clouds lay o'er the ocean of my thoughts
+    In vague and broken masses, strangely wild;
+    And grim imagination wander'd on
+    'Mid gloomy yew-trees in a churchyard old,
+    And mouldering shielings of the eyeless hills,
+    And snow-clad pathless moors on moonless nights,
+    And icebergs drifting from the sunless Pole,
+    And prostrate Indian villages, when spent
+    The rage of the hurricane has pass'd away,
+    Leaving a landscape desolate with death;
+    And as I turn'd me to my vanish'd dream,
+    Clothed in its drapery of gloom, it rose
+    Upon my spirit, dreary as before.
+
+
+    II.
+
+    Alone--alone--a desolate dreary wild,
+    Herbless and verdureless; low swampy moss,
+    Where tadpoles grew to frogs, for leagues begirt
+    My solitary path. Nor sight nor sound
+    Of moving life, except a grey curlew--
+    As shrieking tumbled on the timid bird,
+    Aye glancing backward with its coal-black eye,
+    Even as by imp invisible pursued--
+    Was seen or heard; the last low level rays
+    Of sunset, gilded with a blood-red glow
+    That melancholy moor, with its grey stones
+    And stagnant water-pools. Aye floundering on,
+    And on, I stray'd, finding no pathway, save
+    The runlet of a wintry stream, begirt
+    With shelvy barren rocks; around, o'erhead,
+    Yea every where, in shapes grotesque and grim,
+    Towering they rose, encompassing my path,
+    As 'twere in savage mockery. Lo, a chasm
+    Yawning, and bottomless, and black! Beneath
+    I heard the waters in their sheer descent
+    Descending down, and down; and further down
+    Descending still, and dashing: Now a rush,
+    And now a roar, and now a fainter fall,
+    And still remoter, and yet finding still,
+    For the white anguish of their boiling whirl,
+    No resting-place. Over my head appear'd,
+    Between the jagged black rifts bluely seen,
+    Sole harbinger of hope, a patch of sky,
+    Of deep, clear, solemn sky, shrining a star
+    Magnificent; that, with a holy light,
+    Glowing and glittering, shone into the heart
+    As 'twere an angel's eye. Entranced I stood,
+    Drinking the beauty of that gem serene,
+    How long I wist not; but, when back to earth
+    Sank my prone eyes--I knew not where I was--
+    Again the scene had shifted, and the time,
+    From midnight to the hour when earliest dawn
+    Gleams in the orient, and with inky lines
+    The trees seem painted on the girding sky.
+
+
+    III.
+
+    A solemn hour!--so silent, that the sound
+    Even of a falling leaflet had been heard,
+    Was that, wherein, with meditative step,
+    With uncompanion'd step, measured and slow,
+    And wistful gaze, that to the left, the right,
+    Was often turn'd, as if in secret dread
+    Of something horrible that must be met--
+    Of unseen evil not to be eschew'd--
+    Up a long vista'd avenue I wound,
+    Untrodden long, and overgrown with moss.
+    It seem'd an entrance to the hall of gloom;
+    Grey twilight, in the melancholy shade
+    Of the hoar branches, show'd the tufted grass
+    With globules spangled of the fine night-dew--
+    So fine--that even a midge's tiny tread
+    Had caused them trickle down. Funereal yews
+    Notch'd with the growth of centuries, stretching round
+    Dismal in aspect, and grotesque in shape,
+    Pair after pair, were ranged: where ended these,
+    Girdling an open semicircle, tower'd
+    A row of rifted plane-trees, inky-leaved
+    With cinnamon-colour'd barks; and, in the midst,
+    Hidden almost by their entwining boughs,
+    An unshut gateway, musty and forlorn;
+    Its old supporting pillars roughly rich
+    With sculpturings quaint of intermingled flowers.
+
+
+    IV.
+
+    Each pillar held upon its top an urn,
+    Serpent-begirt; each urn upon its front
+    A face--and such a face! I turn'd away--
+    Then gazed again--'twas not to be forgot:--
+    There was a fascination in the eyes--
+    Even in their stony stare; like the ribb'd sand
+    Of ocean was the eager brow; the mouth
+    Had a hyena grin; the nose, compress'd
+    With curling sneer, of wolfish cunning spake;
+    O'er the lank temples, long entwisted curls
+    Adown the scraggy neck in masses fell;
+    And fancy, aided by the time and place,
+    Read in the whole the effigies of a fiend--
+    Who, and what art thou? ask'd my beating heart--
+    And but the silence to my heart replied!
+    That entrance pass'd, I found a grass-grown court,
+    Vast, void, and desolate--and there a house,
+    Baronial, grim, and grey, with Flemish roof
+    High-pointed, and with aspect all forlorn:--
+    Four-sided rose the towers at either end
+    Of the long front, each coped with mouldering flags:
+    Up from the silent chimneys went no smoke;
+    And vacantly the deep-brow'd windows stared,
+    Like eyeballs dead to daylight. O'er the gate
+    Of entrance, to whose folding-doors a flight
+    Of steps converging led, startled I saw,
+    Oh, horrible! the same reflected face
+    As that on either urn--but gloomier still
+    In shadow of the mouldering architrave.
+
+
+    V.
+
+    I would have turn'd me back--I would have fled
+    From that malignant, yet half-syren smile;
+    But magic held me rooted to the spot,
+    And some inquisitive horror led me on.--
+    Entering I stood beneath the spacious dome
+    Of a round hall, vacant, save here and there,
+    Where from the panelings, in mouldy shreds,
+    Hung what was arras loom-work; weather-stains
+    In mould appear'd on the mosaic floors,
+    Of marble black and white--or what was white,
+    For time had yellow'd all; and opposite,
+    High on the wall, within a crumbling frame
+    Of tarnish'd gold, scowl'd down a pictured form
+    In the habiliments of bygone days--
+    With ruff, and doublet slash'd, and studded belt--
+    'Twas the same face--the Gorgon curls the same,
+    The same lynx eye, the same peak-bearded chin,
+    And the same nose, with sneering upward curl.
+
+
+    VI.
+
+    Again I would have turned to flee--again
+    Tried to elude the snares around my feet;
+    But struggling could not--though I knew not why,
+    Self-will and self-possession vaguely lost.--
+    Horror thrill'd through me--to recede was vain;
+    Fear lurk'd behind in that sepulchral court,
+    In its mute avenue and grave-like grass;
+    And to proceed--where led my onward way?
+    Ranges of doorways branch'd on either side,
+    Each like the other:--one I oped, and lo!
+    A dim deserted room, its furniture
+    Withdrawn; gray, stirless cobwebs from the roof
+    Hanging; and its deep windows letting in
+    The pale, sad dawn--than darkness drearier far.
+    How desolate! Around its cornices
+    Of florid stucco shone the mimic flowers
+    Of art's device, carved to delight the eyes
+    Of those long since but dust within their graves!
+    The hollow hearth-place, with its fluted jambs
+    Of clammy Ethiop marble, whence, of yore,
+    Had risen the Yule-log's animating blaze
+    On festal faces, tomb-like, coldly yawn'd;
+    While o'er its centre, lined in hues of night,
+    Grinn'd the same features with the aspick eyes,
+    And fox-like watchful, though averted gaze,
+    The haunting demon of that voiceless home!
+
+
+    VII.
+
+    How silent! to the beating of my heart
+    I listen'd, and nought else around me heard.
+    How stirless! even a waving gossamer--
+    The mazy motes that rise and fall in air--
+    Had been as signs of life; when, suddenly,
+    As bursts the thunder-peal upon the calm,
+    Whence I had come the clank of feet was heard--
+    A noise remote, which near'd and near'd, and near'd--
+    Even to the threshold of that room it came,
+    Where, with raised hands, spell-bound, I listening stood;
+    And the door opening stealthily, I beheld
+    The embodied figure of the phantom head,
+    Garb'd in the quaint robes of the portraiture--
+    A veritable fiend, a life in death!
+
+
+    VIII.
+
+    My heart stood still, though quickly came my breath;
+    Headlong I rush'd away, I knew not where;
+    In frenzied hast rushing I ran; my feet
+    With terror wing'd, a hell-hound at my heels,
+    Yea! scarce three strides between us. Through a door
+    Right opposite I flew, slamming its weight,
+    To shut me from the spectre who pursued:
+    And lo! another room, the counterpart
+    Of that just left, but gloomier. On I rush'd,
+    Beholding o'er its hearth the grinning face,
+    Another and the same; the haunting face
+    Reflected, as it seem'd, from wall to wall!
+    There, opening as I shut, onward he came,
+    That Broucoloka, not to be escaped,
+    With measured tread unwearied, like the wolf's
+    When tracking its sure prey: forward I sprang,
+    And lo! another room--another face,
+    Alike, but gloomier still; another door,
+    And the pursuing fiend--and on--and on,
+    With palpitating heart and yielding knees,
+    From room to room, each mirror'd in the last.
+    At length I reach'd a porch--amid my hair
+    I felt his desperate clutch--outward I flung--
+    The open air was gain'd--I stood alone!
+
+
+    IX.
+
+    That welcome postern open'd on a court--
+    Say rather, grave-yard; gloomy yews begirt
+    Its cheerless walls; ranges of headstones show'd,
+    Each on its hoary tablature, half hid
+    With moss, with hemlock, and with nettles rank,
+    The sculptured leer of that hyena face,
+    Softening as backwards, through the waves of time,
+    Receded generations more remote.
+    It was a square of tombs--of old, grey tombs,
+    (The oldest of an immemorial date,)
+    Deserted quite--and rusty gratings black,
+    Along the yawning mouths of dreary vaults--
+    And epitaphs unread--and mouldering bones.
+    Alone, forlorn, the only breathing thing
+    In that unknown, forgotten cemetery,
+    Reeling, I strove to stand, and all things round
+    Flicker'd, and wavering, seem'd to wane away,
+    And earth became a blank; the tide of life
+    Ebbing, as backward ebbs the billowy sea,
+    Wave after wave, till nought is left behind,
+    Save casual foam-bells on the barren sand.
+
+
+    X.
+
+    From out annihilation's vacancy,
+    (The elements, as of a second birth,
+    Kindling within, at first a fitful spark,
+    And then a light which, glowing to a blaze,
+    Fill'd me with genial life,) I seemed to wake
+    Upon a bed of bloom. The breath of spring
+    Scented the air; mingling their odours sweet,
+    The bright jonquil, the lily of the vale,
+    The primrose, and the daffodil, o'erspread
+    The fresh green turf; and, as it were in love,
+    Around the boughs of budding lilac wreathed
+    The honeysuckle, rich in earlier leaves,
+    Gold-tinctured now, for sunrise fill'd the clouds
+    With purple glory, and with aureate beams
+    The dew-refreshen'd earth. Up, up, the larks
+    Mounted to heaven, as did the angel wings
+    Of old in Jacob's vision; and the fly,
+    Awakening from its wintry sleep, once more
+    Spread, humming, to the light its gauzy wings.
+
+
+    XI.
+
+    A happy being in a happy place,
+    As 'twere a captive from his chains released,
+    His dungeon and its darkness, there I lay
+    Nestling, amid the sun-illumined flowers,
+    Revolving silently the varied scenes,
+    Grotesque and grim, 'mid which my erring feet
+    Had stumbled; and a brightness darting in
+    On my mysterious night-mare, something told
+    The what and wherefore of the effigies grim--
+    The wolfish, never-resting, tombless man,
+    Voicelessly haunting that ancestral home--
+    Yea of his destiny for evermore
+    To suffer fearful life-in-death, until
+    A victim suffer'd from the sons of men,
+    To soothe the cravings of insatiate hell;
+    An agony for age undergone--
+    An agony for ages to be borne,
+    Hope, still elusive, baffled by despair.
+
+
+    XII.
+
+    Thus as an eagle, from the altitude
+    Of the mid-sky, its pride of place attain'd,
+    Glances around the illimitable void,
+    And sees no goal, and finds no resting-place
+    In the blue, boundless depths--then, silently,
+    Pauses on wing, and with gyrations down
+    And down descends thorough the blinding clouds,
+    In billowy masses, many-hued, around
+    Floating, until their confines past, green earth
+    Once more appears, and on its loftiest crag
+    The nest, wherein 'tis bliss to rest his plumes
+    Flight-wearied--so, from farthest dreamland's shores,
+    Where clouds and chaos form the continents,
+    And reason reigns not, Fancy back return'd
+    To sights and sounds familiar--to the birds
+    Singing above--and the bright vale beneath,
+    With cottages and trees--and the blue sky--
+    And the glad waters murmuring to the sun.
+
+
+
+
+FRENCH SOCIALISTS.[28]
+
+
+Socialism, as well in this country as in France, may be regarded as an
+offset of the French Revolution. It is true that, in all times, the
+striking disparity between the conditions of men has given rise to
+Utopian speculations--to schemes of some new order of society, where the
+comforts of life should be enjoyed in a more equalized manner than seems
+possible under the old system of individual efforts and individual
+rights; and it may be added that, as this disparity of wealth becomes
+more glaring in proportion as the disparity of intelligence and
+political rights diminishes, such speculations may be expected in these
+later times to become more frequent and more bold. Nevertheless we
+apprehend that the courage or audacity requisite to attempt the
+realization of these speculative schemes, must confess its origin in the
+fever-heat of the French Revolution. It required the bold example of
+that great political subversion to prompt the design of these social
+subversions--to familiarize the mind with the project of reducing into
+practice what had been deemed sufficiently adventurous as reverie.
+
+What a stride has been taken since those olden times, when the
+philosophic visionary devised his Utopian society with all the freedom,
+because with all the irresponsibility, of dreams! He so little
+contemplated any practical result, that he did not even venture to bring
+his new commonwealth on the old soil of Europe, lest it should appear
+too strange, and be put out of countenance by the broad reality: but he
+carried it out to some far-off island in the ocean, and created a new
+territory for his new people. A chancellor of England, the high
+administrator of the laws of property, could then amuse his leisure with
+constructing a Utopia, where property, with all its laws, would undergo
+strange mutation. How would he have started from his woolsack if any one
+had told him that his design would be improved upon in boldness, and
+that such men as his own carpenter and mason would set about the
+veritable realization of it! At the present time nothing is more common
+or familiar than the project of changing entirely the model of society.
+"To subvert a government," writes M. Reybaud of his own country men, "to
+change a dynasty or a political constitution, is now an insignificant
+project. Your socialist is at peace with kings and constitutions; he
+merely talks in the quietest manner imaginable of destroying every
+thing, of uprooting society from its very basis."
+
+Indeed, if the power of these projectors bore any proportion to their
+presumption, our neighbours would be in a most alarming condition. To
+extemporize a social system, a new humanity, or at least a new
+Christianity, is now as common as it was formerly, on leaving college,
+to rhyme a tragedy. The social projector, sublimely confident in
+himself, seems to expect to realize, on a most gigantic scale, the fable
+of Mesmerism; he will put the whole world in _rapport_ with him, and it
+shall have no will but his, and none but such blind, imitative movements
+as he shall impress on it. And it is to a sort of _coma_ that these
+projectors would, for the most part, reduce mankind--a state where there
+is some shadow of thought and passion, but no will, no self-direction,
+no connexion between the past and present--a state aimless, evanescent,
+and of utter subjugation. Fortunately these social reformers, however
+daring, use no other instruments of warfare than speech and pamphlets;
+they do not betake themselves to the sharp weapons of political
+conspiracy. They must be permitted, therefore, to rave themselves out.
+And this they will do the sooner from their very number. There are too
+many prophets; they spoil the trade; the Mesmerizers disturb and
+distract each other's efforts; the _fixed idea_ that is in them will not
+fix any where else. Those who, in the natural order of things, should
+be dupes, aspire to be leaders, and the leaders are at a dead struggle
+for some novelty wherewith to attract followers. We have, for instance,
+M. Pierre Leroux, most distinguished of the _Humanitarians_, the last
+sect which figures on the scene, bidding for disciples--with what, will
+our readers think?--with the doctrine of metempsychosis! It is put
+forward as a fresh inducement to improve the world we live in, that we
+shall live in it again and again, and nowhere else, and be our own most
+remote posterity. We are not assured that there is any thread of
+consciousness connecting the successive apparitions of the same being;
+yet some slight filament of this kind must be traceable, for we are
+informed that M. Leroux gives himself out to have been formerly Plato.
+He has advanced thus far in the scale of progression, that he is at
+present M. Leroux.[29]
+
+Still the frequent agitation of these social reforms cannot be, and has
+not been, without its influence on society. It is from this influence
+they gain their sole importance. Such schemes as those of St Simon, of
+Fourier, and of our own Robert Owen, viewed as projects to be realized,
+are not worth a serious criticism. In this point of view they are
+considered, at least in this country, as mere nullities. No one
+questions here whether they are feasible, or whether, if possible, they
+would be propitious to human happiness. But the constant agitation in
+society of such projects may be no nullity--may have, for a season, an
+indisputable and very pernicious influence. As systems of doctrine they
+may not be ineffective, nor undeserving of attention; and in this light
+M. Reybaud, in the work we now bring before our readers, mainly
+considers them.
+
+M. Reybaud has given us a sketch of the biography and opinions of the
+most celebrated of those men who have undertaken to produce a new scheme
+of human life for us; he has introduced his description of them and
+their projects by some account of the previous speculations, of a
+kindred nature indeed, but conducted in a very different spirit, of
+Plato, Sir Thomas More, and others; and he has accompanied the whole
+with observations of his own, which bear the impress of a masculine
+understanding, a candid judgment, and a sound, healthy condition of the
+moral sentiments. The French Academy has distinguished the work by
+according to it the Montyon prize--a prize destined annually to the
+publication judged most beneficial to morals; and in this judgment of
+the Academy every private reader, unless he has some peculiar morality
+of his own, will readily acquiesce.
+
+Our author is not one of those who at once, and without a question,
+reject all schemes for the amelioration of society; nor has he sat down
+to write the history of these social reformers for the mere purpose of
+throwing on them his contempt or irony. He has even been accused, it
+seems, by some of his critics, of manifesting too much sympathy with the
+enthusiasts he has undertaken to describe. He tells us, in the preface
+to his second edition, that he has encountered the contradictory
+accusations of being too severe, and too indulgent, towards them; from
+which he concludes, that he cannot have widely departed from the tone
+which truth and impartiality would prescribe. This is a conclusion which
+authors are very apt to draw; they very conveniently dispatch their
+several critics by opposing them to each other. But this conclusion may
+be drawn too hastily. Two contradictory accusations do not always
+destroy each other, even when they are made by judges equally
+competent. The inconsistency may be in the author himself, who may, in
+different portions of his work, have given foundation for very opposite
+censures. In the present case, although we have already intimated that
+M. Reybaud writes with a spirit of fairness and candour, we cannot admit
+him to the full benefit of the conclusion he draws in his own favour,
+from the opponent criticisms he has met with. There are individual
+passages in his work which it would be difficult to reconcile with each
+other, and which invite very different criticisms. On some occasions he
+appears to attribute a certain value to these tentatives at social
+reform, and intimates that they may probably be the precursors, or may
+contain the germ, of some substantial improvement; whilst at other
+times, he scourges them without pity or compunction, as a species of
+moral pestilence. He seems not to have been able, at all moments, to
+defend himself from the _vertige_ which possesses the personages of whom
+he is writing; like a certain historian of witchcraft, whom we have
+somewhere read of, who had so industriously studied his subject that a
+faith in the black art imperceptibly gained upon him. The narrative goes
+on to say, that the unfortunate historian of witchcraft attempted to
+practise the knowledge he had obtained, and was burned for a wizard. But
+there the analogy will certainly fail. M. Reybaud soon recovers from the
+visionary mood, and wakes himself thoroughly by inflicting the lash with
+renewed vigour upon all the other dreamers around him.
+
+This shadow of inconsistency is still more perceptible when speaking of
+the lives and _characters_ of his socialists. Sometimes the reader
+receives the impression that an egregious vanity, an eccentric ambition,
+and perhaps a little touch of monomania, would complete the picture, and
+sufficiently explain that conduct, of a hero of socialism. At another
+time his enthusiasts assume a more imposing aspect. St Simon sacrificing
+his fortune, abjuring the patronage of the court, dying in extreme
+poverty--Charles Fourier refusing all entrance into commerce that would
+implicate him with a vicious system, and pursuing to the end, amidst
+want and ridicule, the labours of social regeneration--our own Robert
+Owen quitting ease and fortune, and crossing the Atlantic for the New
+World, there to try, upon a virgin soil, his bold experiment of a new
+society;--these men rise before us endowed with a certain courage and
+devotion which ought to command our admiration. We see them in the light
+of martyrs to a faith which no one shares with them--sacrificing all,
+enduring all, for a hope which _is_ of this world, for schemes which
+they will never see realized, for a heaven which they may prophesy, but
+which they cannot enter; manifesting, in short, the same obstinacy of
+idea, and the same renouncement of self, which distinguish the founders
+of new religions. And indeed we are not disposed to deny, that in their
+character they may bear a comparison, in many points, with religious
+impostors. There is this striking difference, however, in the effect of
+their teaching: the religious impostor has often promised a paradise of
+merely voluptuous enjoyment, but he has promised it as the reward of
+certain self-denying virtues to be practised here on earth; whilst the
+socialist insists upon bringing his sensual ill-ordered paradise,
+wherein all virtue is dispensed with as superfluous, here, at once, upon
+this earth we have to live and toil in.
+
+The first volume of the work contains an account of the life and
+writings of St Simon, Fourier, and Owen. The second is very
+miscellaneous. We encounter, to our surprise, the name of Jeremy Bentham
+in the category of socialists, and are still more startled to learn that
+the Utilitarians derive their origin from Robert Owen! It is a jumble of
+all sects, religious and political, in which even our Quakers are
+included in the list of social reformers--our excellent _Friends_, who
+assuredly have no wish whatever to disturb the world, but seek merely to
+live in it as it is, with the additional advantage of being themselves
+particularly quiet and comfortable. But we are so accustomed to the
+haste of negligence of the majority of French writers whenever they
+leave their own soil, (unless the literature or concerns of a foreign
+country be their special subject,) that we are not disposed to pass any
+very severe censure on M. Reybaud; and still less should we do him the
+injustice to prejudge his qualifications as an historian of his own
+countrymen, by the measure of accuracy he may display in that part of
+his work which relates to England. It is a part of his work which we
+have but slightly perused; our attention has been confined to the
+socialists of France.
+
+Amongst these founders of society, and constructors of Mahometan
+paradises, Fourier is, we believe, the least known in this country. Some
+brief account of him will, we think, be acceptable; more especially as
+some of his ideas, leaving the narrow circle of his disciples, have
+found partisans amongst men who, in other respects, have a reputation
+for sobriety of thought. Our readers need not fear that we shall
+overwhelm them with all the institutions, plans, projects,
+arrangements--the complete _cosmogony_, in short, of this most laborious
+of the tribe. A very little of such matter is quite enough. One may say
+with truth that it is such stuff,
+
+    "Whereof a little more than a little
+    Is by much too much."
+
+Nothing is more charming to the imagination than the first general idea
+of some new community, where all men are to be happy, every body active,
+benevolent, reasonable. But the moment we leave this general idea, enter
+upon particulars, and set about the arrangements necessary for this
+universally comfortable state of things, there is nothing in the world
+more tedious and oppressive. Proposals for new political institutions
+are sufficiently wearisome; but proposals for earthly elysiums, which
+are to embrace the whole circle of human affairs, become insupportably
+dull. It is child's play, played with heavy granite boulders. No; if we
+were capable of being seduced for a moment into the belief of some
+golden age of equality, where a parental government, presiding over all,
+should secure the peace and prosperity of all, we should need no other
+argument to recover us from the delusion than simply to _read on_, and
+learn how this parental government intends to accomplish its purpose.
+When we find that, in order to be relieved from domestic cares, we are
+to have _no home at all_; that our parental government, in order to
+provide for our children, begins by taking them away from us; when we
+picture to ourselves the sort of wooden melancholy figures we must
+become, (something like the large painted dolls in a Dutch garden, stuck
+here and there without choice or locomotion of their own,) we speedily
+lose all inclination to enter upon this discipline of happiness. We quit
+with haste this enchanted garden, which turns out to be an enormous
+piece of clockwork, and embrace with renewed content the old state of
+personal freedom, albeit attended with many personal inconveniences.
+Whilst reading of Utopian schemes, the idea has very vividly occurred to
+us: suppose that some such society as this, where land and wives, money
+and children, are all in common, had been for a long time in existence,
+and that some clever Utopian had caught an inkling of the old system so
+familiar to us, and had made the discovery that it would be possible,
+without dissolving society, to have a wife of one's own, a house of
+one's own, land and children of one's own. Imagine, after an age of
+drowsy clockwork existence, one of these philosophers starting the idea
+of a free society, of a social organization based upon individual rights
+and individual effort--where property should not only be possessed, but
+really _enjoyed_--where men should for the first time stretch their
+limbs, and strain their faculties, and strive, and emulate, and endure,
+and encounter difficulties, and have friendships. What a commotion there
+would be! How would the younger sort, rebelling against the old rotten
+machine in which they had been incarcerated, form themselves into
+emigrating bands, and start forth to try upon some new soil their great
+experiment of a free life! How would they welcome toil in all its
+severity--how willingly practise abstinence, and suffer privation, for
+the sake of the bold rights which these would purchase!--how willingly
+take upon themselves the responsibility of their own fate to enjoy a
+fortune of their own shaping! Hope herself would start from the earth
+where she had been so long buried, and waving her rekindled torch, would
+lead on to the old _race_ of life!
+
+_Charles Fourier_ was the son of a woollen-draper at Besancon. Two
+circumstances in his early history appear to have made a strong
+impression upon him. When he was a child, he contradicted, in his
+father's shop, some customary falsehood of the trade, and with great
+simplicity revealed the truth; for this he was severely reprimanded.
+Afterwards, when he was of the age of nineteen, and a clerk in a
+merchant's house at Marseilles, he was present at a voluntary submersion
+of grain, made in order to raise the price in the market. These
+circumstances, he used to say, opened his eyes to the nature of human
+relations. Falsehood and selfishness, systematic falsehood and
+selfishness without a shadow of scruple, were at the basis of all our
+commercial dealings. It was time, he thought, that a new order of things
+should arise, founded upon veracity and a harmony of interests.
+
+For himself, his part was taken. He became the man of one idea. "We
+might rather say of him," writes M. Reybaud, "that he traversed the
+world, than that he lived in it." He refused to enter into any
+commercial dealings that might implicate him in the existing system, and
+warp his feelings in favour of it; and exercised to the last, for a bare
+subsistence, the mere mechanical employment of a copying clerk. He never
+understood the art of making for himself two separate existences: one in
+the domain of fiction or of thought; the other in the land of reality.
+He passed all that might be called his life in the ideal world of his
+own creating.
+
+According to Fourier, there is but one deep and all-pervading cause of
+the miseries of man: it is, that he does not comprehend the ways of God,
+or, in other words, the laws of his own being. If humanity does not
+_work well_, and with the same harmony that the planetary system
+exhibits, it is because he is determined to impress upon it other
+movements than those the Creator designed. Between the creature and the
+Creator there has been, as he expresses it, a misunderstanding for these
+five thousand years past.
+
+The great error, it seems, that has been committed, is the supposing
+that there are any passions of man which require to be restrained. God
+has made nothing ill--nothing useless. You have but to let these
+passions quite loose, and it will be found that they move in a beautiful
+harmony of their own. These _attractions_--such is his favourite
+word--are as admirably adjusted as those which rule over the course of
+the planets. _Duty_, he says, is human--it varies from epoch to epoch,
+from people to people. _Attraction_--that is to say, passion--is divine;
+and is the same amongst all people, civilized and savage, and in all
+ages, ancient and modern. At present the passions are compressed, and
+therefore act unhappily; in future, they shall be free, satisfied, and
+shall act according to the law they have received from God. To yield to
+their impulse is the only wisdom; to remove whatever obstacles society
+has placed in the way of their free exercise, is the great task of the
+reformer.
+
+Fourier does not hesitate to place himself by the side of Newton, in
+virtue of his discovery of this new law of attraction. If any comparison
+can be made, we think--inasmuch as to unravel the problem of humanity is
+a greater task than to elucidate the movements of the planets--that
+Fourier was warranted in placing himself infinitely above Newton.
+Unfortunately, there is this difference between the two, that Newton's
+law explains existing phenomena, while Fourier's explained phenomena
+that do _not_ exist--that are, however, to exist some day.
+
+Having established his fundamental law of the attraction of the
+passions, (which, he finds, amount to the number of twelve, and, in this
+respect, to bear some occult analogy to the sidereal system, the
+prismatic colours, and the gamut,) he has nothing to do but to set them
+fairly at work. This he does, and discovers that they form men into
+delightful communities, or _phalanges_, of about eighteen hundred men
+each. Here nothing shall be wanting. Whether it is love or labour,
+_attraction_ supplies all. "Labour will be a charm, a taste, a
+preference--in short, a passion. Each man will devote himself to the
+occupation that he likes--to twenty occupations, if he likes twenty. A
+charming rivalry, an enthusiasm always new, will preside over human
+labour, when, under the law of attraction, men will be associated by
+_groups_, the last social fraction--by _series_, which are the
+association of groups--by _phalanges_, which are the association of
+series."--(P. 123.)
+
+The dwelling-place of a _phalange_ will be called a _phalanstere_--an
+edifice commodious and elegant, wherein, while the convenient
+distribution of the interior will be first considered, the claims of
+architecture will not be forgotten. It will be a vast structure of the
+most beautiful symmetry, testifying by its magnificence to the splendour
+of the new life of which it is to be the scene. Galleries, baths, a
+theatre, every thing conducive to a pleasurable existence, will be found
+in it. A strict equality of wealth is no part of the scheme of our
+socialist; but every one will have a sufficiency, and will obtain
+apartments and provisions in the _phalanstere_ suitable to his fortune.
+M. Fourier further guarantees, that there shall be no vanity amongst the
+rich, and no mortification felt by the poorer brethren of the
+establishment.
+
+As to the expense of this _phalanstere_, M. Fourier undertakes to
+construct it for what the building of four hundred miserable cottages
+would cost, which would not accommodate a much greater number of
+individuals, and which would fall to pieces after a few years. And as to
+housekeeping, would not one enormous kitchen replace to advantage four
+hundred small and ill-appointed kitchens? one vast cellar four hundred
+little cellars? one gigantic washhouse four hundred damp, wretched
+outhouses, not worthy of the name? Add to which, that much may be done
+in these gigantic kitchens and washhouses by the judicious introduction
+of a steam-engine, which might also be employed in supplying all the
+apartments with water.
+
+Labour, proceeding with such facility, such ardour, such enthusiasm,
+as it will do in the _phalanstere_, must bring in enormous
+profits--quadruple, as M. Fourier thinks, of what our present
+ineffective means produce. It is in the division of these profits that
+our socialist has been thought particularly happy; here it is that he
+introduces his famous formula, "to associate men in capital, labour, and
+talent," (associer les hommes en capital, travail, et talent.) The whole
+profits of the community are first to be divided into three portions;
+one for capital, one for labour, and one for talent--say four-twelfths
+for capital, five-twelfths for labour, and three-twelfths for talent.
+The portion allotted to the capitalists can create no difficulty--it
+will be divided amongst them in proportion to the amount of capital they
+severally supply. But a difficulty presents itself in the distribution
+of the other two portions. Are all species of labour, and all
+descriptions of talent, to be equally remunerated, or by what rule shall
+their several rewards be determined? M. Fourier declares that the
+labours _necessary_ to the community shall be most highly recompensed;
+then those that are _useful_; and last of all, those which administer,
+as the fine arts, only to pleasure and amusement. For this determination
+he gives a sound reason, but one which we ought not to have heard from
+the centre of a _phalanstere_; it is, that necessary labours are nearly
+all of a repugnant nature, and should therefore be most amply rewarded.
+
+To determine the degree of talent the individual has displayed, the
+principle of election is called in. There is, however, a high order of
+talent which is considered quite apart. Great artists, great
+mechanicians, great writers--these belong to no _phalange_, but to
+humanity. The world will charge itself with their remuneration. They
+will be relieved from the usual condition of labour; and when, after a
+long repose, they have produced a work, (how it comes to be known what
+bird will lay the golden egg till the egg is laid, we are not told,)
+then will a jury, assembled at the metropolis of the world, which will
+be built on the site of Constantinople, vote them a recompense.
+"Imagine, for example, Jacquart or Watt, Newton or Corneille, presenting
+themselves before this august tribunal--Jacquart with his loom, Watt
+with his steam-engine, Newton with his theory of attractions, Corneille
+with his most beautiful tragedy. At the instant, to the exclusion of all
+delays and hazards of fame, there would be voted to these great men a
+remuneration, to be levied on all the _phalanges_. Suppose only five
+francs on each _phalange_, and that there were five hundred thousand
+_phalanges_ on the globe, the jury would have accorded a sum of
+2,500,000 francs; Jacquart would not have been compelled to die in a
+state bordering on indigence, after having enriched the universe."
+
+Fournier was in person short, thin, and pale, but his melancholy and
+pensive physiognomy bore traces of his long, unquiet, and ungrateful
+labours. A simple clerk, he did not venture, when he published his
+writings, to sign them with any other name than that of _Charles_,
+declaring himself ready, under that name, to answer any objections that
+might be addressed to him. Alas! there were few objections addressed to
+him; Charles got no readers; men pitied or ridiculed him as a visionary.
+Repulsed by the surrounding world, there remained nothing for him but to
+live in that creation of his own, in which, at all events, he reigned
+supreme. In his reveries he found his only happiness. He walked glorious
+in the midst of joyful enthusiastic multitudes, who saluted him as their
+benefactor, and proclaimed him as their sovereign; he spoke to these
+beings, the children of his dreams, in a language which he alone
+comprehended; he built his _phalanstere_, peopled, organized it;
+conducted himself the labours of his harmonic groups, founded his towns,
+his capitals, nay, his capital of the world, which he erected on the
+Bosphorus, uniting the east and west, the north and south. There he
+placed with his own hand the laurel, decreed by his million of
+phalanges, on the brow of the greatest philosopher of his age. "These
+festivals of the imagination," says M. Reybaud, "were the only pleasures
+that relived the long, and gloomy, and proud poverty of Fourier."
+
+One trait we cannot pass over, as it seems, so to speak, to have a
+psychological value. Such was his habit of ordering and arranging all
+things, that _Charles_ not only undertook to regulate the affairs of
+men, and redress the inequalities of their several destinies, but he
+took into his consideration the inequalities of the several climates of
+the earth, and very seriously occupied himself with redressing their
+anomalies. To him, as he walked the streets of Paris, the severe cold of
+the North Pole was disquieting, and a subject of uneasiness; it was part
+of his mission to temper and subdue it, and tame it for the habitation
+of men. Perhaps the heat from those gigantic kitchens in his
+_phalansteres_ might help him in his task. At all events, this and other
+gross atmospheric irregularities were not be endured in the world which
+he was planning.
+
+There are two things, M. Reybaud remarks, especially reprehensible in
+the theory of Fourier and of kindred socialists--First, the confounding
+happiness with enjoyment, and the legitimating of all our passions; and
+Secondly, the egregious expectation of moulding mankind by an external
+or social organization, without calling in aid the virtues of the
+individual. The one necessarily follows on the other. The chain of error
+is manifest, and leads, as a chain of error may be expected to do, to
+inextricable confusion. If mere enjoyment, if the gratification of our
+senses and passions, be the highest aim and condition of the human
+being, it follows that all moral discipline, all self-denial, must be
+regarded as so much defect, so much imperfection, so much manifest
+failure in the world-scheme. That lofty gratification which men have
+been accustomed to attribute to self-control, to abstinence practised
+under a sense of duty, or in the cause of justice, this is to be
+measured off as so much simple misery, or so much negation of enjoyment.
+Let all restraint be discarded: let man be free; but yet, as the good of
+the whole is to be consulted in all societies, and in the new society is
+consulted in an eminent degree, the individual thus released from all
+self-control must be ruled despotically, or, if you will, moulded,
+fashioned, mechanized by the laws of the community; for we suppose it
+will be admitted, whatever M. Fourier tells us of his discovered law of
+attraction, that a very stringent legislation must bind together that
+harmonic society, which begins by giving loose rein to all the passions
+of mankind. How the two are to be practically reconciled--how the utmost
+license of the individual is to be combined with the utmost and most
+minute supervision of the laws, we leave the socialist to determine.
+Such is the miserable tissue of error and confusion which these projects
+present to view.
+
+These socialists are fond of inventing new Christianities, and in some
+_salons_ in Paris it is, or was till very lately, the fashion to have a
+new Christianity propounded every full moon. New enough! They present at
+least a sufficient contrast with the old Christianity, and in no other
+point more than in this--the complete dependence for the formation of
+the character of individuals on the art of grouping and regimenting
+them. Christianity has supported for ages monastic institutions,
+institutions the most counter to the passions of men, solely by its
+strong appeal to the individual conscience. St Simonian institutions, or
+delightful _phalansteres_, will in vain flatter every passion and
+indulge every sense; if they leave the conscience inert, if nothing is
+built on the sense of duty, they will no sooner rise but they will
+crumble back again into dust.
+
+But we do not touch upon these fundamental errors of the socialists,
+with the superfluous view of showing the impossibility of realizing
+their schemes; we note them because their recognition demonstrates at
+once the ill influence which must attend on the teaching and constant
+agitation of such schemes. On the one hand, all our desires authorized,
+and self-control put out of countenance as a mere marplot; on the other
+hand, perpetual representations that a government or social organization
+could effect every thing, or almost every thing that can be desired for
+the happiness of man. What must follow but that men learn to indulge
+themselves in a very lax morality, and to make most extravagant demands
+on the government, or the legislative force of society? Their notions of
+right and wrong, and their ideas of the duty and office of government,
+become equally unsettled and erroneous.
+
+We have the authority of M. Reybaud--and we could bring other
+authorities if it were necessary--for saying that, in France, the habit
+of attributing the vices of individuals, not to their own weakness or
+ungoverned propensities, but to the malorganization of society, has
+shown itself in a strange and ominous indulgence to crime. It was the
+old fashion, he says, upon hearing of any enormity, to level our
+indignation against the perpetrator; it is now the mode, to direct it
+against that culpable abstraction, society. Society is, indeed, the sole
+culprit. When the novelist has detailed some horrible assassination, or
+gross adultery, he exclaims, Behold what society has done! The criminal
+himself passes scathless; if, indeed, he may not put in a claim to our
+especial sympathy, as having been peculiarly ill-used by that society,
+whose duty it manifestly was to make him wise, and humane, and happy.
+Man, in his individual capacity, is not to be severely criticised; the
+censure falls only upon man in his aggregate and corporate capacity.
+Polite, at all events. No one can possibly take offence at reproofs
+leveled at that invisible entity, the social body; or suppose for a
+moment that he is included in the censure. It used to be thought that
+the aggregate was made up of individuals, and that, in order to
+constitute a well-ordered community, there must be virtuous and
+well-ordered men. The reverse is now discovered to be the truth.
+_First_, have a well-ordered and divinely happy community, and then the
+individual may do as he likes; as our comedian says, "his duties will be
+pleasures."
+
+It is a perilous habit to fall into at the best--that of regarding the
+present condition of society as something doomed to destruction. But the
+evil is unmistakeable and most pernicious, when it is proclaimed, that
+in the new and expected order of things, the old morality will be
+entirely superfluous, a mere folly, an infliction on ourselves and
+others. Why take care of the old furniture, that will be worse than an
+incumbrance in the new premises? Why not begin at once the work of
+battery and destruction?
+
+The influence which these speculations exert in unsettling men's notions
+upon the duties of government, on the first principles of political or
+social economy, is less glaring, but not, on this account, the less
+prejudicial. Men, who are far from embracing entirely any one of the
+schemes of these socialists, fall into the habit of looking for the
+relief and amelioration of society to some legislative invention, some
+violent interference with the free and spontaneous course of human
+industry. The _organization of industry_ is the phrase now in high
+repute; repeated, it is true, with every variety of meaning, but always
+with the understanding, that government is to interfere more or less in
+the distribution of wealth, in the employment of capital, and the
+exercise of labour. The first principles on which modern civilization is
+based, are taxed as the origin of all the evils that afflict society.
+All our soundest maxims of political economy are discarded and
+disgraced. That each man shall be free in the choice and practice of his
+trade or calling--that the field of competition shall be open to
+all--that each individual shall be permitted to make the best bargain he
+can, whether for the wages of his labour or the price of his
+commodities--all these trite but invaluable maxims are incessantly
+decried, and nothing is heard of but the evils of competition, and the
+unequal recompense of labour. In their fits of impotent benevolence,
+these speculative physicians assail, as the cause of the existing
+distress, those principles which, in fact, are the conditions of all the
+prosperity we have attained, or can preserve, or can hope in future to
+attain.
+
+This title of the individual, whether workman or capitalist, to the
+control and conduct of his own affairs--this "fair field and no favour"
+system--is not to be described as if it were a mere theory of political
+economy, and disputable like some other branches of a science not yet
+matured. It is the great conquest of modern civilization; it is the
+indispensable condition to the full development of the activity and
+enterprise of man. The liberation of the artisan and the labourer, is
+the signal triumph of modern over ancient times whether we regard
+classic or Gothic antiquity. Viewing things on a large scale, it may be
+considered as a _late_ triumph; and, without depreciating its value, we
+may easily admit that there remains much to be done in the cultivation
+of the free artisan, to enable him to govern himself, and make the best
+of his position. But any scheme, which, under the pretext of
+ameliorating his position, would place him again under tutelage, is a
+scheme of degradation and a retrograde movement. He is now a freeman, an
+enrolled member of a civilized state, where each individual has, to a
+great extent, the responsibility thrown upon himself for his own
+well-being; he must have prospective cares, and grow acquainted with the
+thoughtful virtue of prudence. That release from reflection, and anxiety
+for the future, which is the compensating privilege of the slave or the
+barbarian, he cannot hope any longer to enjoy. Whatever its value, he
+must renounce it. He must become one of us, knowing good and evil,
+looking before and behind. In this direction--in the gradual improvement
+of the labourer--lies our future progress, progress slow and toilsome,
+little suited to the socialist who calculates on changing, as with the
+touch of a wand, the whole aspect of society.
+
+We said that some of the ideas of Charles Fourier had been adopted by
+men who do not exactly aspire to the rank of social reformers. We will
+give an instance, which at the same time will illustrate this tendency
+to introduce legislation on those very subjects from which it has been
+the effort of all enlightened minds, during the last century, to expel
+it. A M. Ducpetiaux, a Belgian, who comes vouched to us for a safe and
+respected member of society by the number of titles, official and
+honorary, appended to his name, in a voluminous and chiefly statistical
+work, _Sur la Condition des Jeunes Ouvriers_, wherein his views are in
+the main temperate and judicious, declares himself a partisan of some
+system similar to what Fourier points out in his famous
+formula--_associer les hommes en capital, travail, et talent_. He
+requires a union of interest, a partnership in fact, between the
+capitalist and the workman. M. Ducpetiaux does not lay down the
+proportion in which the profits are to be divided between them; he is
+too cautious to give any figures--there are some ideas which do not bear
+the approach of arithmetic--but he adopts the principle. It is thus that
+he speaks in his introductory chapter.
+
+     "In so conflicting a state of things[30] there remains but one
+     remedy: to re-establish violated equity, to restore to the
+     producers their legitimate share of what is produced, to bring
+     back industry to its primitive aim and object--such is the work
+     which is now, by the aid of every influence, individual and
+     social, to be prosecuted. It is not a partial relief that is
+     called for, but the complete restoration (rehabilitation
+     complete) of the labourer. The mark which ages of servitude
+     have impressed upon his front, cannot be effaced but by an
+     energetic and sustained effort. The palliatives hitherto
+     employed, have only exposed the magnitude of the evil. This
+     evil we must henceforth attack in its origin, in the
+     organization of labour, and the constitution of society.
+
+     "What is the existing base of the relations between master and
+     workman? Selfishness. Every one for himself, that is, every
+     thing for me and nothing, or the least quantity possible, for
+     others. Here is the evil. A blind and bitter contest must
+     spring from this opposition of interests. To put an end to this
+     there is but one means: the recognition of the law of union,
+     (la loi de solidarite,) by virtue of which interests will
+     amalgamate and divisions disappear. This law is the palladium
+     of industry; refuse to acknowledge it, and every thing remains
+     in a state of chaos: proclaim it, and every thing is remedied,
+     every thing prospers. The capitalist comes in aid of the
+     workman as the workman comes in aid of the capitalist; it is a
+     common prosperity they enjoy, and if any thing menaces it, they
+     are united for its defence. The law of union puts an end to an
+     unfeeling employment of our fellow men, (_a l'exploitation
+     brutale;_) it replaces men in their natural position; it
+     re-establishes amongst them the relations of respect, esteem,
+     and mutual benevolence which Christian fraternity demands; it
+     substitutes association for rivalry; it restores to justice her
+     empire, and to humanity its beneficence."
+
+Translating all this into simple language, there is to be a partition by
+the legislature, according to some rule of natural equity, between the
+capitalist and the labourer, of the proceeds of their common enterprise.
+We confess ourselves utterly incapable of devising any such rule of
+equity. The share which falls to the capitalist under the name of
+profits, and the share which falls to the labourer under the name of
+wages, is regulated under the present system by the free competition
+amongst the labourers on the one hand, and the capitalists on the other;
+it is the result of an unfettered bargain between those who possess
+capital and those who practise industry. This is, at all events, an
+intelligible ground, and has in it a species of rough equity; but if we
+desert this position, and appeal to some natural rule of justice to make
+the division, we shall find ourselves without any ground whatever. For
+what are the rights of capital in the face of any _a priori_ notions of
+justice? We shall stumble on from one vague proposition to another, till
+we find ourselves landed in the revolutionary doctrine of the equal
+imprescriptible rights of man. This is the first stage at which we can
+halt. Judged by this law of equality, the capitalist is but one man, and
+capital is but another name for the last year's harvest, or the
+buildings, tools, and manufactures which the labourers themselves, or
+their predecessors, have produced. The utmost the ex-capitalist could
+expect--and he must practise his handicraft before he can be entitled
+even to this--is to be admitted on a footing of equality in the
+extensive firm that would be constituted of his quondam operatives.
+
+We often observe, in this country, an inclination manifested to regulate
+by law the rate of wages, not with the view of instituting any such
+naturally equitable partition, but of establishing a _minimum_ below
+which life cannot be comfortably supported. These reasoners proceed, it
+will at once be admitted, not on the rights of man, but on the claims of
+humanity. To such a project there is but one objection; it will
+assuredly fail of its humane intention. It is presumed that the
+competition amongst the workmen to obtain employment has so far
+advanced, that these cease to obtain a sufficient remuneration for their
+labour. The thousand men whom a great capitalist employs, are
+inadequately paid. The legislature requires that they should be paid
+more liberally. But the amount which the capitalist has to expend in
+wages is limited. The same amount which sustained a thousand men, can,
+under the new scale of remuneration, sustain only nine hundred. The nine
+hundred are better fed, but there is one hundred without any food
+whatever. Our well-intentioned humanity looks round aghast at the
+confusion she is making.
+
+Suppose, it may be said, that a law of this description should be passed
+at so fortunate a conjuncture, that it should not interfere with the
+existing relations between the capitalist and the workman, but have for
+its object to arrest the tendency which wages have to fall; suppose that
+the legislature, satisfied with the existing state of things, should
+pronounce it a punishable offence to offer or accept a lower rate of
+remuneration, would not such a law be wise? The answer is obvious. If
+there is a tendency at any time in wages to fall, it is because there is
+a tendency in population to increase, or in capital to diminish;
+circumstances, both of them, which it is not in the power of criminal
+jurisprudence to wrestle with.
+
+We hear political economy frequently censured by these advocates for
+violent and legislative remedies, for paying more attention to the
+accumulation than the distribution of wealth. But in what chapter of
+political economy is it laid down, that the distribution and enjoyment
+of wealth is a matter of less moment than its production and
+accumulation? The simple truth is, that the same law of liberty, which
+is so favourable to the accumulation of wealth, provides also the best
+distribution which human ingenuity has yet been able to devise. Less has
+been said on this head because there was less to say. But surely no sane
+individual ever wished that property should accumulate merely for the
+sake of accumulation, that society should have the temper of a miser,
+and toil merely to increase its hoards. Still less has any one
+manifested a disposition to confine the enjoyment of wealth to any one
+class, treating the labourer and the artisan as mere tools and
+instruments for the production of it. The fundamental principles of
+political economy to which we have been alluding, and with which alone
+we are here concerned, will be always found to embrace the interests of
+the _whole_ community. They should be defended with the same jealousy
+that we defend our political liberties with.
+
+It was with regret we heard the argument we have just stated against the
+legislative interference with the rate of wages, introduced in the
+discussion of the _ten-hours' bill_, and applied against the principle
+of that measure. It was plainly misapplied. Why do we not relish any
+legislative interposition, on whatever plea of humanity, between workmen
+and capitalist? Because it will fail of its humane intention. We should
+heartily rejoice--who would not?--if a reasonable _minimum_ of wages
+could be established and secured. But it cannot. Is the legislature
+equally incompetent when it steps in to prevent children and very young
+persons from being overworked; from being so employed that the health
+and vigour of ensuing generations may be seriously impaired, (which
+would be a grave mistake even in the economy of labour;) from being so
+entirely occupied that no time shall remain for education? We think not.
+The legislature is not in this case equally powerless. It may here
+prevent an incipient abuse from growing into a custom. The law cannot
+create an additional amount of capital to be distributed over its
+population in the shape of an advance of wages, but the law can say to
+all parents and all masters--you shall not profit by the labour of the
+child, to the ruin of its health, and the loss of all period for mental
+and moral discipline. Such an overtasking of the child's strength has
+not hitherto been an element in your calculation, and it shall not
+become one.
+
+All these various schemes--socialist or otherwise--of legislative
+interference, take their rise from the aspect, sufficiently deplorable,
+of the distress of the manufacturing population; and it is almost
+excusable if the contemplation of such distress should throw men a
+little off their balance. But it is not so easily excusable if men, once
+launched on their favourite projects, endeavour to prove their necessity
+by heightened descriptions of that distress, and by unauthorized
+prophecies of its future and continual increase. What a formidable array
+of figures--figures of speech as well as of arithmetic--are brought down
+upon us with gloomy perseverance, to convince us that the manufacturing
+population of this country is on the verge of irreparable ruin! We think
+it right to put our readers upon their guard against these over-coloured
+descriptions. Even when Parliamentary reports are quoted, whose
+authority is not to be gainsaid, they ought to defend themselves against
+the _first_ impression which these are calculated to make. The facts
+stated may be true, but there are _other facts_ which are not stated
+equally true, and which the scope and purpose of such reports did not
+render it necessary to collect. If, in this country, there is much
+distress, if in some places there is that utter prostration of mind and
+body which extreme poverty occasions, there is also much prosperity;
+there is also, in other places, much vigorous industry, receiving its
+usual, and more than its usual recompense. If there are plague-spots in
+our population, there are also large tracts of it still sound and
+healthy. Set any one down to read list after list of all the maimed and
+halt and sick in our great metropolis, and the whole town will seem to
+him, for the time being, one wide hospital: he must throw open the
+window and look on the busy, animated, buoyant crowd that is rushing
+through the streets, before he shakes off the impression that he is
+living in a city of the plague.
+
+Without a doubt, he who approaches the consideration of the distress of
+the labouring classes, should have a tender and sympathizing spirit; how
+else can the subject possess for him its true and profound interest? But
+it is equally necessary that he bring to it a cultivated and
+well-disciplined compassion; that he should know where, in the name of
+others, he should raise the voice of complaint, and where, in the name
+of suffering humanity at large, he should be silent and submit. It
+should always be borne in mind, that it is very difficult for persons of
+one condition of life, to judge of the comparative state of well-being
+of those of another condition. An inhabitant of cities, a man of books
+and tranquillity, goes down into the country, without previous
+preparation, to survey and give report of the distress of a mining or
+agricultural district. In what age since the world has been peopled,
+could such an individual be transported into the huts of peasants, or
+amongst the rude labours of the miner, without receiving many a shock to
+his sensibility? Perhaps he descends, for the first time in his life,
+the shaft of a coal-mine. How foul and unnatural must the whole business
+seem to him!--these men working in the dark, begrimed, half-naked, pent
+up in narrow galleries. He has gone to spy out hardships--he sees
+nothing else. Or perhaps he pays his first visit to the interior of the
+low-roofed crazy cottage of the husbandman, and is disgusted at the
+scant furniture and uninviting meal that it presents; yet the hardy
+labourer may find his rest and food there, with no greater share of
+discontent than falls to most of us--than falls, perhaps, to the
+compassionate inspector himself. We have sometimes endeavoured to
+picture to ourselves what would be the result if the tables were
+turned, and a commission of agricultural labourers were sent into the
+city to make report of the sort of lives led there, not by poor citizens
+or the lowest order of tradesmen, but by the very class who are occupied
+in preparing largo folio reports of their own distressful condition.
+Suppose they were to enter into the chambers of the student of law--of
+the conveyancer, for example. They make their way through obscure
+labyrinths into a room not quite so dark, it must be allowed, nor quite
+so dirty as the interior of a coal-mine, and there they find an unhappy
+man who, they are given to understand, sits in that gloomy apartment, in
+a state of solitary confinement, from nine o'clock in the morning till
+six or seven in the evening. They learn that, for several months in the
+year, this man never sees the sun; that in the cheerful season when the
+plough is going through the earth, or the sickle is glittering in the
+corn, and the winds are blowing the great clouds along the sky, this
+pale prisoner is condemned to pore over title-deeds which secure the
+"quiet enjoyment" of the land to others; and if they imitate the oratory
+of their superiors, they will remark upon the strange injustice, that he
+should be bound down a slave to musty papers, which give to others those
+pastures from which he never reaps a single blade of grass, and which he
+is not even permitted to behold. These commissioners would certainly be
+tempted to address a report to Parliament full of melancholy
+representations, and ending with the recommendation to shake out such
+unhappy tenants into the fields. It would be long before they could be
+brought to understand that he of the desk and pen would, at the end of
+half an hour, find nothing in those fields but a mortal _ennui_. To him
+there is no _occupation_ in all those acres; and therefore they would
+soon be to him as barren as the desert.
+
+If there is any apparent levity in the last paragraph we have penned, it
+is a levity that is far from our heart. There is no subject which gives
+us so much concern as this--of the undoubted distress which exists
+amongst the labouring population, and the necessity that exists to
+alleviate and to combat it. Coming from the immediate perusal of Utopian
+schemes, promising a community of goods, and from the reconsideration of
+those arguments which prove such schemes to be delusive and mischievous,
+the impression that is left on our mind is the profound conviction of
+the duty of government, to do whatever lies really in its power for the
+amelioration of the condition of the working classes. The present system
+of civilized society works, no doubt, for the good of the whole, but
+assuredly _they_ do not reap an equal benefit with other classes, and on
+them falls the largest share of its inevitable evils. May we not say
+that, whatever the social body, acting in its aggregate capacity, _can_
+do to redress the balance--whether in education of their children, in
+sanatory regulations which concern their workshops and their dwellings,
+or in judicious charity that will not press upon the springs of
+industry--it is _bound_ to do by the sacred obligation of justice?
+
+FOOTNOTES:
+
+[28] _Etudes sur les Reformateurs, ou Socialistes Modernes._ Par M.
+LOUIS REYBAUD.
+
+[29] We shall perhaps take some opportunity to speak separately of M.
+Leroux's work, _Sur l'Humanite_. It is a work of very superior
+pretension to the writings of MM. St Simon, Fourier, and others, who
+must rather be regarded as makers of projects than makers of books. M.
+Leroux has the honour of indoctrinating George Sand with that mysticism
+which she has lately infused into her novels--by no means to the
+increase of their merit. When M. Leroux was reproached by a friend for
+the fewness of his disciples, he is said to have replied--"It is true I
+have but one--_mais, que voulez-vous?--Jesus Christ lui-meme n'avait que
+douze_."
+
+[30] He had been drawing the usual painful picture of the distress of
+the manufacturing classes, and citing for his authority some English
+journal. In doing this he has made a somewhat alarming mistake. The
+colloquial phrase _job-work_ has perplexed, and very excusably, the
+worthy Belgian, and he has drawn from a very harmless expression a
+terrible significance. "Partout le travail est le metier de job
+(job-work) comme disent les Anglais--_un metier a mourir sur le
+fumier_." In another place he has understood the _turn out_ of our
+factories as the expulsion of the artisans by the master manufacturers.
+
+
+
+
+MARSTON; OR, THE MEMOIRS OF A STATESMAN.
+
+PART XIV.
+
+    "Have I not in my time heard lions roar?
+    Have I not heard the sea, puft up with wind,
+    Rage like an angry boar chafed with sweat?
+    Have I not heard great ordnance in the field,
+    And Heaven's artillery thunder in the skies?
+    Have I not in the pitched battle heard
+    Loud 'larums, neighing steeds, and trumpets clang?"
+
+                                        SHAKSPEARE.
+
+
+Europe had never seen so complete or so powerful an army as that which
+was now assembled within sight of Valenciennes. The city was already
+regarded as in our possession; and crowds of military strangers, from
+every part of the Continent, came day by day pouring into the allied
+camp. Nothing could equal the admiration excited by the British troops.
+The admirable strength, stature, and discipline of the men, and the
+successes which they had already obtained, made them the first object of
+universal interest; and the parades of our regiments formed a daily
+levee of princes and nobles. It was impossible that soldiership could be
+on a more stately scale. Other times have followed, which have shown the
+still statelier sight of nations marching to battle; but the hundred
+thousand men who marched under Cobourg to take up their positions in the
+lines of Valenciennes, filled the eye of Europe; and never was there a
+more brilliant spectacle. At length orders were sent to prepare for
+action, and the staff of the army were busily employed in examining the
+ground. The Guards were ordered to cover the operations of the pioneers;
+and all was soon in readiness for the night on which the first trench
+was to be opened. A siege is always the most difficult labour of an
+army, and there is none which more perplexes a general. To the troops,
+it is incessant toil--to the general, continual anxiety. The men always
+have the sense of that disgust which grows upon the soldier where he
+contemplates a six weeks' delay in the sight of stone walls; and the
+commander, alive to every sound of hazard, feels that he yet must stand
+still, and wait for the attack of every force which can be gathered
+round the horizon. He may be the lion, but he is the lion in a
+chain--formidable, perhaps, to those who may venture within its length,
+but wholly helpless against all beyond. Yet those feelings, inevitable
+as they are, were but slightly felt in our encampment round the frowning
+ramparts of the city. We had already swept all before us; we had learned
+the language of victory; we were in the midst of a country abounding
+with all the good things of life, and which, though far from exhibiting
+the luxuriant beauty of the British plains, was yet rich and various
+enough to please the eye. Our camp was one vast scene of gaiety. War
+had, if ever, laid aside its darker draperies, and "grim-visaged" as it
+is, had smoothed its "wrinkled front." The presence of so many visitors
+of the highest rank gave every thing the air of royalty. High manners,
+splendid entertainments, and all the habits and indulgences of the life
+of courts, had fled from France only to be revived in Flanders. Our army
+was a court on the march; and the commander of the British--the honest,
+kind-hearted, and brave Duke of York--bore his rank like a prince, and
+gathered involuntarily round him as showy a circle as ever figured in St
+James's, or even in the glittering saloons of the Tuileries. Hunting
+parties, balls, suppers, and amateur theatrical performances, not merely
+varied the time, but made it fly. Hope had its share too, as well as
+possession. Paris was before us; and on the road to the capital lay but
+the one fortress which was about to be destroyed with our fire, and of
+which our engineers talked with contempt as the decayed work of "old"
+Vauban.
+
+But the course of victory is like the course of love, which, the poet
+says, "never does run smooth." The successes of the Allies had been too
+rapid for their cabinets; and we had found ourselves on the frontiers of
+France before the guardian genii of Europe, in the shape of the
+stiff-skirted and full-wigged privy councillors of Vienna and Berlin,
+had made up their minds as to our disposal of the prize. Startling words
+suddenly began to make their appearance in the despatches, and
+"indemnity for the past and security for the future"--those luckless
+phrases which were yet destined to form so large a portion of senatorial
+eloquence, and give birth to so prolific an offspring of European
+ridicule--figured in diplomacy for the first time; while our pioneers
+stood, pickaxe in hand, waiting the order to break ground. We thus lost
+day after day. Couriers were busy, while soldiers were yawning
+themselves to death; and the only war carried on was in the discontents
+of the military councils. Who was to have Valenciennes? whose flag was
+to be hoisted on Lille? what army was to garrison Conde? became national
+questions. Who was to cut the favourite slices of France, employed all
+the gossips of the camp, in imitation of the graver gossips of the
+cabinet; and, in the mean time, we were saved the trouble of the
+division, by a furious decree from the Convention ordering every man in
+France to take up arms--converting all the churches into arsenals,
+anathematizing the German princes as so many brute beasts, and
+recommending to their German subjects the grand republican remedy of the
+guillotine for all the disorders of the government, past, present, and
+to come.
+
+Circumstances seldom give an infantry officer more than a view of the
+movements in front of his regiment; but my intimacy with Guiscard
+allowed me better opportunities. Among his variety of attainments he was
+a first-rate engineer, and he was thus constantly employed where any
+thing connected with the higher departments of the staff required his
+science. He was now attached to the Prussian mission, which moved with
+the headquarters of the British force, and our intercourse was
+continued. I thus joined the reconnoitring parties under his command,
+and received the most important lessons in my new art. But one of my
+first questions to him, had been the mode of his escape on the night of
+our volunteer reconnoisance.
+
+"Escape? Why, I committed the very blunder against which I had cautioned
+you, and fell into the hands of the first hussar patrole I could
+possibly have met. But my story is of the briefest kind. I had not rode
+forward above an hour, when my horse stumbled over something in that
+most barbaric of highways, and lamed himself. I then ought to have
+returned; but curiosity urged me on, and leading my unfortunate charger
+by the bridle, I threaded my way through the most intricate mesh of
+hedge and ditch within my travelling experience. The trampling of
+horses, and the murmur of men in march, at last caught my ear; and I
+began to be convinced that the movement which I expected from Dampier's
+activity was taking place. I then somewhat questioned my own
+_insouciance_ in having thrust you into hazard; and attempted to make my
+way across the country in your direction. To accomplish this object I
+turned my horse loose, taking it for granted that, lame as he was, he
+was too good a Prussian to go any where but to his own camp. This
+accounts for his being found at morn. I had, however, scarcely thus
+taken the chance of losing a charger which had cost me a hundred and
+fifty gold ducats, when I received a shot from behind a thicket which
+disabled my left arm, and I was instantly surrounded by a dozen French
+hussars. I was foolish enough to be angry, and angry enough to fight.
+But as I was neither Samson, nor they Philistines, my sabre was soon
+beaten down, and I had only to surrender. I was next mounted on the
+croup of one of their horses, and after a gallop of half an hour reached
+the French advanced guard. It was already hurrying on, and I must
+confess that, from the silence of the march and the rapid pace of their
+battalions, I began to be nervous about the consequences, and dreaded
+the effects of a surprise on some of our camps. My first apprehension,
+however, was for you. I thought that you must have been entangled in the
+route of some of the advancing battalions, and I enquired of the colonel
+of the first to whom I was brought, whether he had taken any prisoners.
+
+"'Plenty,' was the answer of the rough Republican--'chiefly peasants and
+spies; but we have shot none of them yet. That would make too much
+noise; so we have sent them to the rear, where I shall send you. You
+will not be shot till we return to-morrow morning, after having cut up
+those _chiens Anglais_.'"
+
+I could not avoid showing my perturbation at the extreme peril in which
+this distinguished man had involved himself on my account; and expressed
+something of my regret and gratitude.
+
+"Remember, Marston," was his good-humoured reply, "that, in the first
+place, the Frenchman was not under circumstances to put his promise in
+practice--he having found the English _chien_ more than a match for the
+French wolf; and, in the next, that twelve hours form a very important
+respite in the life of the campaigner. I was sent to the rear with a
+couple of hussars to watch me until the arrival of the general, who was
+coming up with the main body. On foot and disarmed, I had only to follow
+them to the next house, which was luckily one of the little Flemish
+inns. My hussars found a jar of brandy, and got drunk in a moment; one
+dropped on the floor--the other fell asleep on his horse. I had now a
+chance of escape; but I was weary, wounded, and overcome with vexation.
+It happened, as I took my last view of my keeper outside, nodding on his
+horse's neck, that I glanced on a huge haystack in the stable-yard. The
+thought struck me, that helpless as I was, I might contrive to give an
+alarm to some of the British videttes or patroles, if your gallant
+countrymen should condescend to employ such things. I stole down into
+the yard, lantern in hand; thrust it into the stack, and had the
+satisfaction of seeing it burst into a blaze. I made my next step into
+the stable, to find a horse for my escape; but the French patroles had
+been before me, and those clever fellows seldom leave any thing to be
+gleaned after them. What became of my escort I did not return to
+enquire; but I heard a prodigious galloping through the village, and
+found the advantage of the flame in guiding me through as perplexing a
+maze of thicket and morass as I ever attempted at midnight. The sound of
+the engagement which followed directed me to the camp; and I remain, a
+living example to my friend, of the advantage of twelve hours between
+sentence and execution."
+
+I had another wonder for him; and nothing could exceed his gratification
+when he heard, that his act had enabled me to give the alarm of the
+French advance. But for that blaze I should certainly have never been
+aware of their movement; the light alone had led me into the track of
+the enemy, and given me time to make the intelligence useful.
+
+"The worst of all this," said he, with his grave smile, "is that the
+officer in command of your camp on that night will get a red riband and
+a regiment; and that you will get only the advantage of recollecting,
+that in war, and perhaps in every situation of life, nothing is to be
+despaired of, and nothing is to be left untried. A candle in a lantern,
+properly used, probably saved both our lives, the lives of some
+thousands of your brave troops, the fate of the campaign, and, with it,
+half the thrones of Europe, trembling on the chance of a first campaign.
+I shall yet have some of my mystical countrymen writing an epic on my
+Flemish lantern."
+
+During this little narrative, we had been riding over the bleak downs
+which render the environs of Valenciennes such a barren contrast to the
+general luxuriance of northern France; and were examining the approaches
+to the city, when Guiscard called to his attendant for his telescope. We
+were now in the great coal-field of France; but the miners had fled, and
+left the plain doubly desolate. "Can those," said he, "be the miners
+returning to their homes? for if not, I am afraid that we shall have
+speedy evidence of the hazards of inactivity." But the twilight was now
+deepening, and neither of us could discern any thing beyond an immense
+mass of men, in grey cloaks, hurrying towards the city. I proposed that
+we should ride forward, and ascertain the facts. He checked my rein.
+"No! Amadis de Gaul, or Rolando, or by whatever name more heroic your
+chivalry prefers being called, we must volunteer no further. My valet
+shall return to the camp and bring us any intelligence which is to be
+found there, while we proceed on our survey of the ground for our
+batteries."
+
+We had gone but a few hundred yards, and I was busily employed in
+sketching the profile of the citadel, when we heard the advance of a
+large party of British cavalry, with several of the staff, and the Duke
+of York, then a remarkably handsome young man, at their head. I had seen
+the Duke frequently on our parades in England; but even the brief
+campaign had bronzed his cheek, and given him the air which it requires
+a foreign campaign to give. He communicated the sufficiently interesting
+intelligence, that since the victory over Dampier, the enemy had
+collected a strong force from their garrisons, and after throwing ten
+thousand men into Valenciennes, had formed an intrenched camp, which was
+hourly receiving reinforcements. "But we must put a stop to that," said
+the Duke, with a smile; "and, to save them trouble and ourselves time,
+we shall attack them to-morrow." He then addressed himself to Guiscard,
+with the attention due to his name and rank, and conversed for a few
+minutes on the point of attack for the next day--examined my
+sketch--said some flattering words on its correctness, and galloped off.
+
+"Well," said Guiscard, as he followed with his glance the flying troop,
+"war is a showy spectacle, and I can scarcely wonder that it should be
+the game of princes; but a little more common sense in our camps would
+have saved us to-morrow's battle. The delays of diplomacy are like the
+delays of law--the estate perishes before the process is at an end. But
+now to our work." We rode to the various points from which a view of the
+newly arrived multitude could be obtained. Their fires began to blaze;
+and we were thus enabled to ascertain at once their position, and, in
+some degree, their numbers. There could not be less than thirty thousand
+men, the arrival of the last few hours. "For this _contretemps_," said
+Guiscard, as he examined their bivouac with his telescope, "we have to
+thank only ourselves. Valenciennes ought to have been stormed within the
+first five minutes after we could have cut down those poplars for
+scaling ladders," and he pointed to the tapering tops of the large
+plantations lining the banks of the Scheldt; "but we have been
+quarreling over our portfolios, while the French have been gathering
+every rambling soldier within a hundred miles; and now we shall have a
+desperate struggle to take possession of those lines, and probably a
+long siege as finale to the operation. There, take my glass, and judge
+for yourselves." I looked, and if the novelty and singularity could have
+made me forget the serious business of the scene, I might have been
+amply amused. The whole French force were employed in preparing for the
+bivouac, and fortifying the ground, which they had evidently taken up
+with the intent of covering the city. All was in motion. At the distance
+from which we surveyed it, the whole position seemed one huge ant-hill.
+Torches, thickets burning, and the fires of the bivouac, threw an
+uncertain and gloomy glare over portions of the view, which, leaving the
+rest in utter darkness, gave an ominous and ghostly look to the entire.
+I remarked this impression to Guiscard, and observed that it was strange
+to see a "scene of the most stirring life so sepulchral."
+
+"Why not?" was his reply. "The business is probably much the same."
+
+"Yet sepulchral," I observed, "is not exactly the word which I would
+have used. There is too much motion, too much hurried and eager
+restlessness, too much of the wild and fierce activity of beings who
+have not a moment to lose, and who are busied in preparations for
+destruction."
+
+"Have you ever been in the Sistine Chapel?" asked my companion.
+
+"No; Italy has been hitherto beyond my flight; but the longing to see it
+haunts me."
+
+"Well, then, when your good fortune leads you to Rome, let your first
+look be given to the noblest work of the pencil, and of Michael Angelo:
+glance at the bottom of his immortal picture, and you will see precisely
+the same wild activity, and the same strange and startling animation.
+The difference only is, that the actors here are men--there, fiends;
+here the scene is the field of future battle--there, the region of
+final torment. I am not sure that the difference is great, after all."
+
+At daybreak, the British line was under arms. I feel all words fail,
+under the effort to convey the truth of that most magnificent display;
+not that a simple detail may not be adequate to describe the movements
+of a gallant army; but what can give the impression of the time, the
+form and pressure of collisions on which depended the broadest and
+deepest interests of the earth. Our war was then, what no war was since
+the old invasions under the Edwards and Henrys--national; it was as
+romantic as the crusades. England was fighting for none of the objects
+which, during the last three hundred years, had sent armies into the
+field--not for territory, not for glory, not for European supremacy, not
+even for self-defence. She was fighting for a Cause; but that was the
+cause of society, of human freedom, of European advance, of every
+faculty, feeling, and possession by which man is sustained in his rank
+above the beasts that perish. The very language of the great dramatist
+came to my recollection, at the moment when I heard the first signal-gun
+for our being put in motion.
+
+    "Now all the youth of England are on fire,
+    And silken dalliance in the wardrobe lies.
+    Now thrive the armourers; and honour's thought
+    Reigns solely in the breast of every man.
+    They sell the pasture now to buy the horse,
+    Following the mirror of all Christian kings
+    With winged heels, as English Mercuries."
+
+Our troops, too, had all the ardour which is added even to the boldest
+by the assurance of victory. They had never come into contact with the
+enemy but to defeat them, and the conviction of their invincibility was
+so powerful, that it required the utmost efforts of their officers to
+prevent their rushing into profitless peril. The past and the present
+were triumphant; while, to many a mind of the higher cast, the future
+was, perhaps, more glittering than either. In the same imperishable
+eloquence of poetry--
+
+    "For now sits expectation in the air,
+    And hides a sword, from hilt unto the point,
+    With crowns imperial, crowns and coronets,
+    Promised to Harry and his followers."
+
+The ambition of the English soldier may be of a more modified order than
+that of the foreigner; but the dream of poetry was soon realized in the
+crush of the Republicans, who had trampled alike the crown and the
+coronet in the blood of their owners. Twenty-seven thousand men were
+appointed for the attack of the French lines; and on the first tap of
+the drum, a general shout of exultation was given from all the columns.
+The cavalry galloped through the intervals to the front, and parks of
+the light guns were sent forward to take up positions on the few
+eminences which commanded the plain; but the day had scarcely broke,
+when one of those dense fogs, the customary evil of the country, fell
+suddenly upon the whole horizon, and rendered action almost impossible.
+Nothing could exceed the vexation of the army at this impediment; and if
+our soldiers had ever heard of Homer, there would have been many a
+repetition of his warrior's prayer, that "live or die, it might be in
+the light of day."
+
+But in the interval, important changes were made in the formation of the
+columns. The French lines had been found of unexpected strength, and the
+Guards were pushed forward to head a grand division placed under command
+of General Ferrari. The British were, of course, under the immediate
+orders of an officer of their own, and a more gallant one never led
+troops under fire. I now, for the first time, saw the general who was
+afterwards destined to sweep the French out of Egypt, and inflict the
+first real blow on the military supremacy of France under Napoleon.
+General Abercromby was then in the full vigour of life; a strongly
+formed, manly figure, a quiet but keen eye, and a countenance of
+remarkable steadiness and thought, all gave the indications of a mind
+firm in all the contingencies of war. Exactly at noon, the fog drew up
+as suddenly as it had descended, and we had a full view of the enemy's
+army. No foreign force ever exhibits so showy and soldierly an
+appearance as the British. The blue of the French and Prussians looks
+black, and the white of the Austrian looks faded and feeble, compared
+with the scarlet. As I cast my glance along our lines, they looked like
+trails of flame. The French were drawn up in columns in front of their
+camp, which, by the most extraordinary exertion, they had covered during
+the night with numerous batteries, and fortified with a circle of
+powerful redoubts; the guns of the fortress defended their flank and
+rear, and their position was evidently of the most formidable kind. But
+all view was lost, from the moment when the head of our brigade
+advanced. Every gun that could be brought to bear upon us opened at
+once, and all was enveloped in smoke. For a full hour we could see
+nothing but the effect of the grape-shot on our own ranks as we poured
+on, and hear nothing but the roar of the batteries. But at length shouts
+began to arise in distant parts of the field, and we felt that the
+division which had been appointed to assault the rear of the camp was
+making progress. Walmoden, commanding a brigade under Ferrari, now
+galloped up, to ascertain whether our men were ready to assault the
+intrenchments. "The British troops are _always_ ready," was Abercromby's
+expressive, and somewhat indignant, answer. In the instant of our
+rushing forward, an aide-de-camp rode up, to acquaint the general that
+the column under the Duke of York had already stormed three redoubts.
+"Gentlemen," said Abercromby, turning to the colonels round him, "we
+must try to save our friends further trouble--forward!" Within a quarter
+of an hour we were within the enemy's lines, every battery was stormed
+or turned, and the French were in confusion. Some hurried towards the
+fortress, which now began to fire; a large body fled into the open
+country, and fell into the hands of his royal highness; and some,
+seizing the boats on the river, dropped down with the stream. All was
+victory: yet this was to be my day of ill luck. In pursuing the enemy
+towards the fortress, a battalion, which had attempted to cover the
+retreat, broke at the moment when my company were on the point of
+charging them. This was too tempting a chance to be resisted; we rushed
+on, taking prisoners at every step, until we actually came within sight
+of the gate by which the fugitives were making their escape into the
+town. But we were in a trap, and soon felt that we were discovered, by a
+heavy discharge of musketry from the rampart. We had now only to return
+on our steps, and I had just given the word, when the firing was renewed
+on a bastion, round which we were hurrying in the twilight. I felt a
+sudden shock, like that of electricity, which struck me down; I made a
+struggle to rise on my feet, but my strength wholly failed me, and I
+lost all recollection.
+
+On my restoration to my senses, in a few hours after, I found that I had
+been carried into the town, and placed in the military hospital. My
+first impulse was, to examine whether any of my brave fellows had shared
+my misfortune; but all round me were French, wounded in the engagement
+of the day. My next source of congratulation was, that I had no limb
+broken. The shot had struck me in the temple, and glanced off without
+entering; but I had lost much blood, had been trampled, and felt a
+degree of exhaustion, which gave me the nearest conception to actual
+death.
+
+Of the transactions of the field I knew nothing beyond my own share of
+the day; but I had seen the enemy in full flight, and that was
+sufficient. Within a day or two, the roaring of cannon, the increased
+bustle of the attendants, and the tidings that a black flag had been
+erected on the hospital, told me that the siege had begun. I shall pass
+over its horrors. Yet, what is all war but a succession of horrors? The
+sights which I saw, the sounds which I heard from hour to hour, were
+enough to sicken me of human nature. In the gloom and pain of my
+sleepless nights, I literally began to think it possible that a fiendish
+nature might supplant the human condition, and that the work before my
+eyes was merely an anticipation of those terrors, which to name startles
+the imagination and wrings the heart. Surrounded with agonies, the
+involuntary remark always came to my mind with renewed freshness, in the
+common occurrences of the hospital day. But, besides the sufferings of
+the wounded, a new species of suffering, scarcely less painful, and
+still more humiliating, began to be prominent. The provisions of the
+people, insufficiently laid in at the approach of the besiegers, rapidly
+failed, and the hospital itself was soon surrounded by supplicants for
+food. The distress, at last, became so excessive, that it amounted to
+agony. Emaciated figures of both sexes stole or forced their way into
+the building, to beg our rations, or snatch them from our feeble hands;
+and I often divided my scanty meal with individuals who had once been in
+opulent trade, or been ranked among the _semi-noblesse_ of the
+surrounding country. Sometimes I missed faces to which I had been
+accustomed among those unfortunate beings, and I heard a still more
+unhappy tale--shall I call it more unhappy? They had perished by the
+cannon-shot, which now poured into the city day and night, or had been
+buried in the ruins of some of the buildings, which were now constantly
+falling under the heaviest bombardment in the annals of war. Of those
+scenes I say no more. If the siege of a great fortress is the most
+trying of all hazards to the soldier without, what must it be to the
+wretches within? Valenciennes was once the centre of the lace
+manufactories of France. The war had destroyed them at once. The
+proprietors had fled, the thousands of young and old employed in those
+delicate and beautiful productions, had fled too, or remained only to
+perish of famine. A city of twenty thousand of the most ingenious
+artists was turning day by day into a vast cemetery. As I tossed on my
+mattress hour after hour, and heard the roar of the successive
+batteries, shuddered at the fall of the shells, and was tortured by the
+cries of the crowd flying from the explosions all night long--I gave the
+deepest curses of my spirit to the passion for glory. It is true, that
+nations must defend themselves; the soldier is a protector to the
+industry, the wealth, and the happiness of the country. I am no disciple
+of the theory, which, disclaiming the first instinct of nature,
+self-preservation, invites injury by weakness, and creates war by
+impunity; but the human race ought to outlaw the man who dares to dream
+of conquest, and builds his name in the blood of man.
+
+On my capture, one of my first wishes had been to acquaint my regiment
+with the circumstances of my misfortune, and to relieve my friends of
+their anxiety for the fate of a brother officer. But this object, which,
+in the older days of continental campaigning, would have been acceded to
+with a bow and a compliment by Monsiegneur le Comte, or Son Altesse
+Royale, the governor, was sturdily refused by the colonel in charge of
+the hospital--a firm Republican, and the son of a cobbler, who, swearing
+by the Goddess of Reason, threatened to hang over the gate the first man
+who dared to bring him another such proposal. I next sent my application
+to the commandant, a brave old soldier, who had served in the royal
+armies, and had the feelings of better times; but it was probably
+intercepted, for no answer came. This added deeply to my chagrin. My
+absence must give rise to conjecture; my fall had been unseen even by my
+men; and while I believed that my character was above the scandal of
+either pusillanimity or desertion, it still remained at the mercy of
+all.
+
+But chance came to my relief. It happened that I had unconsciously won
+the particular regard of one of the Beguines who attended the hospital;
+and my _tristesse_, which she termed 'effrayante,' one evening attracted
+her peculiar notice. Let not my vanity be called in question; for my
+fair admirer was at least fifty years old, and was about the figure and
+form of one of her country churns, although her name was Juliet! Pretty
+as the name was, the Beguine had not an atom of the poetic about her.
+Romance troubled her not. Yet with a face like the full moon, and a pile
+of petticoats which would have made a dowdy of the "Belvedere Diana,"
+she was a capital creature. Juliet, fat as she was, had the natural
+frolic of a squirrel; she was everywhere, and knew every thing, and did
+every thing for every body; her tongue and her feet were constantly
+busy; and I scarcely knew which was the better emblem of the perpetual
+motion. My paleness was peculiarly distressing to her; "it hurt her
+feelings;" it also hurt her honour; for she had been famous for her
+nursing, and as she told me, with her plump hands upon her still plumper
+hips, and her head thrown back with an air of conscious merit, "she had
+saved more than the doctors had killed." I had some reluctance to tell
+her the cause of my _tristesse_; for I knew her zeal, and I dreaded her
+plunging into some hazard with the authorities. But who has ever been
+able to keep a secret, where it was the will of the sex to extort it?
+Juliet obtained mine before she left the ward for the night; and desired
+me to give her a letter, which she pledged herself to transmit to my
+regiment. But this I determined to refuse, and I kept my determination.
+I had no desire to see my "fat friend" suspended from the pillars of the
+portico; or to hear of her, at least, being given over to the mercies of
+the provost-marshal. We parted, half in anger on her side, and with
+stern resolution on mine.
+
+During the day Juliet was not forthcoming, and her absence produced,
+what the French call, a "lively sensation"--which, in nine instances out
+of ten, means an intolerable sense of ennui--in the whole establishment.
+I shared the general uneasiness, and at length began to cast glances
+towards the gate, where, though I was not exactly prepared to see the
+corpulent virtues of my friend in suspension, I had some tremblings for
+the state, "_sain et sauf_;" of my Beguine. At last her face appeared at
+the opening of the great door, flushed with heat and good-nature, and,
+as it came moving through the crowd which gathered round her with all
+kinds of enquiries, giving no bad resemblance to the moon seen through a
+fog; whether distinct or dim, full and florid to the last. Her
+good-humoured visage revived me, as if I had met a friend of as many
+years standing as she numbered on her cradle. But all my enquiries for
+the news of earth outside the hospital, were answered only by an "order"
+to keep myself tranquil--prevent the discomposure of my pulse, and duly
+drink my ptisan. All this, however, was for the general ear. The
+feebleness which kept me confined to my bed during the day, had made my
+nights wakeful. On this night, whether on the anxiety of the day, or the
+heavier roar of the siege, for the bombardment was now at its height, I
+exhibited signs of returning fever, and the Beguine remained in
+attendance. But when the crowd had gone to such rest as they could find,
+amid the thunder of batteries and the bursting of shells, Juliet
+approached my pillow with a broad smile, which distended her
+good-natured mouth from ear to ear, and thrust under my pillow a small
+packet--the whole operation being followed by a finger pressed to her
+lips, and a significant glance to every corner of the huge melancholy
+hall, to see that all was secure. She then left me to my meditations!
+
+The mysterious packet contained three letters; and, eager as I was for
+their perusal, I almost shuddered at their touch; for they must have
+been obtained with infinite personal peril, and if found upon the
+Beguine they might have brought her under the severest vengeance of the
+garrison. They were from Guiscard, Mariamne, and Mordecai. Thus to three
+individuals, all comparatively strangers, was my world reduced. But they
+were no common strangers; and I felt, while holding their letters in my
+hand, and almost pressing them to my heart, how much more strongly
+friendship may bind us than the ties of cold and negligent relationship.
+I opened the soldier's letter first. It was like every thing that
+Guiscard ever did; manly, yet kind. "Your disappearance in that
+unfortunate rencontre has created much sorrow and surprise; but the
+sorrow was all for your loss to _the_ 'corps of corps,' and the surprise
+was, that no tidings could be heard of you, whether fallen or surviving.
+The flag and trumpet sent in next morning to recover the remains of such
+as had suffered in that mad rush to the gates of the town, came back
+without being permitted to pass beyond the outworks, bringing a brutal
+message from the officer on duty, 'that the next flag should be fired
+on,' and that the 'brave soldiers of the Republic allowed of no
+compromise with the slaves of tyranny!' The bravado might be laughed at,
+but it left me in the dark relative to your fate; and if you are to be
+flattered by the feelings of men who cannot get at you but by
+cannon-shot, you may congratulate yourself on having had as many fine
+things said of you as would make an epitaph for a duke--and, I believe,
+with a sincerity at least equal to the best of them. I write all this
+laughingly now, but suspense makes heaviness of heart, and you cost me
+some uneasy hours, of course. I send you none of _our_ news; as you will
+hear all in good time, and communications on public matters might bring
+your messenger or yourself into difficulties. You are alive, and in good
+hands; that is the grand point. Your character is now in _my_ hands, and
+I shall take care of it; I shall see you a general officer yet, if you
+have not the greater luck to retire and live an honest farmer, sitting
+under your own fig-tree and your own vine, with an unromantic spouse,
+and some half-dozen of red-cheeked children. Farewell, we shall _soon_
+see each other."
+
+The last line evidently meant more than met the eye, and I was now just
+in the mind to indulge in the fantasies of my fair correspondent. They
+were like herself--a curious mixture of mirth and melancholy.
+
+"Why I wished to write to you, or why I write at all--which, however, I
+do decorously at the side of my father--are questions which I have not
+taken the trouble of asking until this moment. But I am in Switzerland,
+where no one has time for any thing but worshipping mountain-tops, and
+falling down at the feet of cataracts. Whether it would add to Mr
+Marston's satisfaction I cannot presume to say, but I feel better, much
+better, than when I first came into this land of fresh breezes and
+beauty of all kinds--the population, of every rank, always excepted. If
+I were, like you, a philosopher, I should probably say that nature gets
+tired of her work, and after having struck off some part of it with all
+the spirit of an Italian painter, disdains the trouble of finishing; or,
+like a French 'fashionable,' coquettes with her own charms, and is
+determined to make the world adore her, in spite of her slippers and her
+shawl. Thus, nature, which gave the peacock a diadem on its head, and a
+throne in its tail, has given it a pair of frightful legs. And on the
+same charming principle, she has given Switzerland the finest of all
+possible landscapes, and filled them with the most startling of all
+possible physiognomies.
+
+"But no more of theory. It has always made my head ache, and headachs
+are, I know, contagious; so I spare you. Yet, have you a moment, among
+your thousand and one avocations, to remember my father--or me? I beg
+that I may not impede the march of armies, or shock the balance of
+Europe, while I solicit you to give me a single line--no more; a mere
+'annonce' of any thing that can tell me of your 'introuvable' friend
+Lafontaine. This is _not_ for myself. The intelligence is required for a
+sister of his whom I have lately met in this country--a showy
+"citizeness" of Zurich, _embonpoint_ and matronly, married to one of the
+portly burghers of the city, and exemplary in all the arts of
+sheep-shearing, wool-spinning, and cheese-making; a mother, surrounded
+_a la Francaise_ with a host of Orlandos, Hyacintes, Aristomenes, and
+Apollos--pretty children, with the Frenchman developing in all its
+gaudiness; the Switzer remaining behind, until it shall come forth in
+cloudy brows, and a face stamped with money-making. Madame Spiegler is
+still not beyond a waltz, and in the very whirl of one last night, she
+turned to me and _implored_ that I should 'move heaven and earth,' as
+she termed it--with her blue eyes thrown up to the chandelier, and her
+remarkably pretty and well-_chausse'd_ feet still beating time to the
+dance--to bring her disconsolate bosom tidings of her '_frere, si bien
+aime, si malheureux_.' I promised, and she flew off instantly into the
+very _core_ of a dance, consisting of at least a hundred couples.
+
+"I have just returned from a drive along the shore of the Leman. The
+recollection of Madame Spiegler, rolling and rushing through the waltz
+like a dolphin through the waves; or like any thing caught in an
+enormous whirlpool, sweeping round perpetually until it was swept out
+of sight, had fevered me. The air here is certainly delicious. It has a
+sense of life--a vivid, yet soft, freshness, that makes the mere act of
+breathing it delightful. But I have mercy on you--not one word of
+Clarens, not one word of Meillerie. Take it for granted that Ferney is
+burnt down, as it well might be without any harm to the picturesque; and
+that Jean Jacques never wrote, played the knave, or existed. If I were a
+Swiss Caliph Omar, I should make a general seizure, to be followed by a
+general conflagration, of every volume that has ever touched on the wit
+and wickedness of the one, or the intolerable sensibility of the other.
+I should next extend the flame to all tours, meditations, and musings on
+hills, valleys, and lakes; prohibit all sunset 'sublimities' as an
+offence against the state; and lay all raptures at the 'distant view of
+Mont Blanc,' or the 'ascent of the Rhighi,' if not under penalty of
+prison, at least under a bond never to be seen in the territory again.
+But I must make my _adieux_. _Apropos_, if you _should_ accidentally
+hear any thing of your _pelerin-a-pied_ friend Lafontaine--for I
+conjecture that he has gone to discover the fountains of the Nile, or is
+at this moment a candidate for the office of court-chamberlain at
+Timbuctoo--let me hear it. Madame Spiegler is really uneasy on the
+subject, though it has not diminished either her weight or her velocity,
+nor will prevent her waltzing till the end of the world, or of herself.
+_One_ sentence--nay, one syllable--will be enough.
+
+"This light _is_ delicious, and it is only common gratitude to nature to
+acknowledge, that she has done something in the scene before my casement
+at this sweet and quiet hour, which places her immeasurably above the
+_decorateurs_ of a French _salon_. The sun has gone, and the moon has
+not yet come. There is scarcely a star; and yet a light lingers, and
+floats, and descends over everything--hill, forest, and water--like the
+light that one sometimes sees in dreams. All dream-like--the work of a
+spell laid over a horizon of a hundred miles. I should scarcely be
+surprised to see visionary forms rising from these woods and waters, and
+ascending in bright procession into the clouds. I hear, at this moment,
+some touches of music, which I could almost believe to come from
+invisible instruments as they pass along with the breeze. Still, may I
+beg of you, Mr Marston, not to suppose that I mean to extend this letter
+to the size of a government despatch, nor that the mark which I find I
+have left on my paper, is a tear? _I_ have no sorrow to make its excuse.
+But here, one weeps for pleasure, and I can forgive even Rousseau
+his--'Je m'attendrissais, je soupirais, et je pleurais comme un enfant.
+Combien de fois, m'arretant pour pleurer plus a mon aise, assis sur une
+grosse pierre, je me suis amuse a voir tomber mes larmes dans l'eau.'
+Rousseau was lunatic, but he was _not_ lunatic when he wrote this, or
+_I_ am growing so too. For fear of that possible romance, I say,
+farewell.
+
+"P.S.--Remember Madame Spiegler. _Toujours a vous_--MARIAMNE."
+
+My third letter was Mordecai to the life--a bold, hurried, yet clear
+view of the political bearings of the time. It more than ever struck me,
+in the course of his daring paragraphs, what a capital leader he would
+have made for a Jewish revolution; if one could imagine the man of a
+thousand years of slavery grasping the sword and unfurling the banner.
+Yet bold minds _may_ start up among a fallen people; and when the great
+change, which will assuredly come, is approaching, it is not improbable
+that it will be begun by some new and daring spirit throwing off the
+robes of humiliation, and teaching Israel to strike for freedom by some
+gallant example--a new Moses smiting the Egyptian, and marching from the
+house of bondage, the fallen host of the oppressor left weltering in the
+surge of blood behind.
+
+After some personal details, and expressions of joy at the recovering
+health of his idolized but wayward daughter, he plunged into politics.
+"I have just returned," said he, "from a visit to some of our German
+kindred. You may rely upon it, that a great game is on foot. _Your_
+invasion is a jest. Your troops will fight, I allow, but your cabinets
+will betray. I have seen enough to satisfy me, that, if you do not take
+Paris within the next three months, you will not take it within ten
+times the number of years. Of course, I make no attempt at prediction. I
+leave infallibility to the grave fools of conclaves and councils; but
+the French mob will beat them all. What army can stand before a
+pestilence? When I was last in Sicily, I went to the summit of Etna
+during the time of an eruption. On my way, I slept at one of the
+convents on the slope of the mountain. I was roused from my sleep by a
+midnight clamour in the court of the convent--the monks were fluttering
+in all corners, like frightened chickens. I came down from my chamber,
+and was told the cause of the alarm in the sudden turn of a stream of
+the eruption towards the convent. I laughed at the idea of hazard from
+such a source, when the building was one mass of stone, and, of course,
+as I conceived, incombustible. '_Santissima Madre!_' exclaimed the
+frightened superior, who stood wringing his hands and calling on all the
+saints in his breviary; 'you do not know of what stone it is built. All
+is lava; and at the first touch of the red-hot rocks now rolling down
+upon us, every stone in the walls will melt like wax in the furnace.'
+The old monk was right. We lost no time in making our escape to a
+neighbouring pinnacle, and from it saw the stream of molten stone roll
+round the walls, inflame them, scorch, swell, and finally melt them
+down. Before daylight, the site of the convent was a gulf of flame. This
+comes of sympathy in stones--what will it be in men? Wait a twelvemonth;
+and you will see the flash and flame of French republicanism melting
+down every barrier of the Continent. The mob has the mob on its side for
+ever. The offer of liberty to men who have spent a thousand years under
+despotism, is irresistible. Light may blind, but who loves utter
+darkness? The soldier may melt down like the rest; he is a man, and may
+be a madman like the rest; he, too, is one of the multitude.
+
+"Their language may be folly or wisdom, it may be stolen from the
+ramblings of romance writers, or be the simple utterance of
+irrepressible instincts within; but it is the language which I hear
+every where around me. Men eat and drink to it, work and play to it,
+awake and sleep to it. It is in the rocks and the streams, in the
+cradle, and almost on the deathbed. It rings in the very atmosphere; and
+what must be the consequence? If the French ever cross the Rhine, they
+will sweep every thing before them, as easily as a cloud sweeps across
+the sky, and with as little power in man to prevent them. A cluster of
+church steeples or palace spires could do no more to stop the rush of a
+hurricane.
+
+"You will call me a panegyrist of Republicanism, or of France. I have no
+love for either. But I may admire the spring of the tiger, or even give
+him credit for the strength of his tusks, and the grasp of his talons,
+without desiring to see him take the place of my spaniel on the
+hearth-rug, or choosing him as the companion of my travels. _I_ dread
+the power of the multitude, _I_ despair of its discipline, and _I_
+shrink from the fury of its passions. A republic in France can be
+nothing but a funeral pile, in which the whole fabric is made, not for
+use, but for destruction; which man cannot inhabit, but which the first
+torch will set in a blaze from the base to the summit; and upon which,
+after all, corpses alone crown the whole hasty and tottering erection.
+But this I _shall_ say, that Germany is at this moment on the verge of
+insurrection; and that the first French flag which waves on the right
+bank of the Rhine will be the signal of explosion. I say more; that if
+the effect is to be permanent, pure, or beneficial, it will _not_ be the
+result of the tricolor. The French conquests have always been brilliant,
+but it was the brilliancy of a soap-bubble. A puff of the weakest lips
+that ever breathed from a throne, has always been enough to make the
+nation conquerors; but the hues of glory no sooner began to colour the
+thin fabric, than it burst before the eye, and the nation had only to
+try another bubble. It is my impression, that the favouritism of
+Revolution at this moment will even receive its death-blow from France
+itself. All is well while nothing is seen of it but the blaze
+ascending, hour by hour, from the fragments of her throne, or nothing
+heard but the theatrical songs of the pageants which perform the new
+idolatry of 'reason.' But when the Frenchman shall come among nations
+with the bayonet in his right hand and with the proclamation in his
+left--when he turns his charger loose into the corn-field, and robs the
+peasant whom he harangues on the rights of the people--this republican
+baptism will give no new power to the conversion. The German phlegm will
+kick, the French _vivacite_ will scourge, and then alone will the true
+war begin. Yet all this may be but the prelude. When the war of weapons
+has been buried in its own ashes, another war may begin, the war of
+minds--the struggle of mighty nations, the battle of an ambition of
+which our purblind age has not even a glimpse--a terrible strife, yet
+worthy of the immortal principle of man, and to be rewarded only by a
+victory which shall throw all the exploits of soldiership into the
+shade."
+
+While I was meditating on the hidden meanings of this letter, in which
+my Jewish friend seemed to have imbibed something of the dreamy spirit
+of Germany itself, I was startled by a tremendous uproar outside the
+hospital--the drums beat to arms, the garrison hastily mustered, the
+population poured into the streets, and a strong and startling light in
+all the casements, showed that some great conflagration had just begun.
+The intelligence was soon spread that the Hotel de Ville, the noblest
+building in the city, a fine specimen of Italian architecture of the
+seventeenth century, and containing some incomparable pictures by the
+Italian masters, and a _chef-d'oeuvre_ of Rubens, had been set on fire
+by a bomb, and was now in a blaze from battlement to ground. The next
+intelligence was still more painful. The principal convent of the city,
+which was close in its rear, had taken fire, and the unfortunate nuns
+were seen at the windows in the most imminent danger of perishing.
+Feeble as I was, I immediately rose. The Beguine rushed in at the
+moment, wringing her hands and uttering the wildest cries of terror at
+the probable destruction of those unhappy women. I volunteered my
+services, which were accepted, and I hurried out to assist in saving
+them if possible. The spectacle was overwhelming.
+
+The Hotel de Ville was a large and nearly insulated building, with a
+kind of garden-walk round three of its sides, which was now filled with
+the populace. The garrison exhibited all the activity of the national
+character in their efforts to extinguish the flames. Scaling-ladders
+were applied to the windows, men mounted them thick as bees;
+fire-buckets were passed from hand to hand, for the fire-engines had
+been long since destroyed by the cannonade; and there seemed to be some
+hope of saving the structure, when a succession of agonizing screams
+fixed every eye on the convent, where the fire had found its way to the
+stores of wood and oil, and shot up like the explosion of gunpowder. The
+efforts of the troops were now turned to save the convent; but the
+intense fury of the flame defeated every attempt. The scaling-ladders no
+sooner touched the casements than they took fire; the very walls were so
+hot that none could approach them; and every new gust swept down a sheet
+of flame, which put the multitude to flight in all directions. Artillery
+was now brought out to breach the walls; but while there remained a
+hundred and fifty human beings within, it was impossible to make use of
+the guns. All efforts at length ceased; and the horror was deepened, if
+such could be, by seeing now and then a distracted figure rush to a
+casement, toss up her arms to heaven, and then rush back again with a
+howl of despair.
+
+I proposed to the French officers that they should dig under the
+foundations, and thus open a way of escape through the vaults. The
+attempt was made, but it had the ill success of all the rest. The walls
+were too massive for our strength, and the pickaxe and spade were thrown
+aside in despair. From the silence which now seemed to reign within, and
+the volumes of smoke which poured from the casements, it began to be the
+general impression that the fate of the nuns was already decided; and
+the officers were about to limber up their guns and retire, when I
+begged their chief to make one trial more, and fire at a huge iron door
+which closed a lofty archway leading to the Hotel de Ville. He complied;
+a six-pound ball was sent against the door, and it flew off its hinges.
+To the boundless exultation and astonishment of all, we saw the effect
+of this fortunate shot, in the emergence of the whole body of the nuns
+from the smoking and shattered building. They had been driven, step by
+step, from the interior to the long stone-built passage which in old
+times had formed a communication with the town, and which had probably
+not been used for a century. The troops and populace now rushed into the
+Hotel de Ville to meet and convey them to places of safety. I followed
+with the same object, yet with some unaccountable feeling that I had a
+personal interest in the rescue. The halls and apartments were on the
+huge and heavy scale of ancient times, and I was more than once
+bewildered in ranges of corridors filled with the grim reliques of civic
+magnificence, fierce portraits of forgotten men of city fame, portentous
+burghers, and mailed captains of train bands. The unhappy women were at
+length gathered from the different galleries to which they had scattered
+in their fright, and were mustered at the head of the principal
+entrance, or _grand escalier_, at whose foot the escort was drawn up for
+their protection.
+
+But the terrors of that fearful night were not yet at an end. The light
+of the conflagration had caught the eye of the besiegers, and a whole
+flight of shells were sent in its direction. Some burst in the street,
+putting the populace to flight on every side; and, while the women were
+on the point of rushing down the stair, a crash was heard above, and an
+enormous shell burst through the roof, carrying down shattered rafters,
+stones, and a cloud of dust. The batteries had found our range, and a
+succession of shells burst above our heads, or tore their way downwards.
+All was now confusion and shrieking. At length one fell on the centre of
+the _escalier_, rolled down a few steps, and, bursting, tore up the
+whole stair, leaving only a deep gulf between us and the portal. The
+women fled back through the apartment. I now regarded all as lost; and
+expecting the roof to come down every moment on my head, and hearing
+nothing round me but the bursting and hissing of those horrible
+instruments of havoc, I hurried through the chambers, in the hope of
+finding some casement from which I might reach the ground. They were all
+lofty and difficult of access, but I at length climbed up to one, from
+which, though twenty or thirty feet from the path below, I determined to
+take the plunge. I was about to leap, when, to my infinite surprise, I
+heard my name pronounced. I stopped. I heard the words--"_Adieu, pour
+toujours!_" All was dark within the room, but I returned to discover the
+speaker. It was a female on her knees near the casement, and evidently
+preparing to die in prayer. I took her hand, and led her passively
+towards the window; she wore the dress of a nun, and her veil was on her
+face. As she seemed fainting, I gently removed it to give her air. A
+sheet of flame suddenly threw a broad light across the garden, and in
+that face I saw--Clotilde! She gave a feeble cry, and fell into my arms.
+
+Our escape was accomplished soon after, by one of the scaling-ladders
+which was brought at my call; and before I slept, I had seen the being
+in whom my very existence was concentrated, safely lodged with the
+principal family of the town. Slept, did I say? I never rested for an
+instant. Thoughts, reveries, a thousand wild speculations, rose, fell,
+chased each other through my brain, and all left me feverish,
+half-frantic, and delighted.
+
+At the earliest moment which could be permitted by the formalities of
+France, even in a besieged town, I flew to Clotilde. She received me
+with the candour of her noble nature. Her countenance brightened with
+sudden joy as she approached me. In the _salle de reception_ she sat
+surrounded by the ladies of the family, still full of enquiries on the
+perils of the night, congratulations on her marvellous escape, and no
+slight approval of the effect of the convent costume on the contour of
+her fine form and expressive features. My entrance produced a diversion
+in her favour; and I was showered with showy speeches from the seniors
+of the circle; the younger portion suddenly relapsing into that frigid
+propriety which the Mademoiselle retains until she becomes the Madame,
+and then flings off for ever like her girlish wardrobe. But their eyes
+took their full share, and if glances at the "Englishman" could have
+been transfered into words, I should have enjoyed a very animated
+conversation on the part of the _Jeunes Innocenes_. But I shrank from
+the panegyric of my "heroism," as it was pronounced in all the tones of
+courtesy; and longed for the voice of Clotilde alone. The circle at last
+withdrew, and I was left to the most exquisite enjoyment of which the
+mind of man is capable--the full, fond, and faithful outpouring of the
+heart of the woman he loves. Strange to say, I had never exchanged a
+syllable with Clotilde before; and yet we now as deeply understood each
+other--were as much in each other's confidence, and had as little of the
+repulsive ceremonial of a first interview, as if we had conversed for
+years.
+
+"You saved my life," said she; "and you are entitled to my truest
+gratitude to my last hour. I had made up my mind to die. I was exhausted
+in the attempt to escape from that horrible convent. When at last I
+reached the Hotel de Ville, and found that all the sisterhood had been
+driven back from the great stair by the flames, I gave up all hope: and
+may I acknowledge, unblamed, to you--but from _you_ what right have I
+now to conceal any secret of my feelings?--I was not unwilling to lay
+down a life which seemed to grow darker from day to day."
+
+"You were wearied of your convent life?" said I, fixing my eyes on hers
+with eager enquiry. "But you must not tell me that you are a nun. The
+new laws of France forbid that sacrifice. My sweet Clotilde, while I
+live, I shall never recognise your vows."
+
+"You need not," she answered, with a smile that glowed.
+
+    'Celestial rosy red, love's proper hue.'
+
+"I have never taken them. The superior of the convent was my near
+relative, and I fled to her protection from the pursuit of one whom I
+never could have respected, and whom later thoughts have made me all but
+abhor."
+
+"Montrecour! I shall pursue him through the world."
+
+"No," said Clotilde; "he is as unworthy of your resentment as of my
+recollection. He is a traitor to his king and a disgrace to his
+nobility. He is now a general in the Republican service, Citizen
+Montrecour. But we must talk of him no more."
+
+She blushed deeply, and after some hesitation, said, "I am perfectly
+aware that the marriages customary among our noblesse were too often
+contracted in the mere spirit of exclusiveness; and I own that the
+proposal of my alliance with the Marquis de Montrecour was a family
+arrangement, perfectly in the spirit of other days. But my residence in
+England changed my opinions on the custom of my country, and I
+determined never to marry." She stopped short, and with a faint smile,
+said, "But let us talk of something else." Her cheek was crimson, and
+her eyes were fixed on the ground.
+
+"No, Clotilde, talk of nothing else. Talk of your feelings, your
+sentiments, of yourself, and all that concerns yourself. No subject on
+earth can ever be so delightful to your friend. But, talk of what you
+will, and I shall listen with a pleasure which no human being has ever
+given me before, or ever shall give me again."
+
+She raised her magnificent eyes, and fixed them full upon me with an
+involuntary look of surprise, then grew suddenly pale, and closed them
+as if she were fainting. "I must listen," said she, "to this language no
+longer. I know you to be above deception. I know you to be above playing
+with the vanity of one unused to praise, and to such praise. But I have
+a spirit as high as your own. Let us be friends. It will give an
+additional honour to my name; shall I say"--and she faltered--"an
+additional interest to my existence. Now we must part for a while."
+
+"Never!" was my exclamation. "The world does not contain two Clotildes.
+And you shall never leave me. You have just told me that I preserved
+your life. Why shall I not be its protector still? Why not be suffered
+to devote mine to making yours happy?" But the bitter thought struck me
+as I uttered the words--how far I was from the power of giving this
+incomparable creature the station in society which was hers by right!
+How feeble was my hope even of competence! How painfully I should look
+upon her beauty, her fine understanding, and her generous heart, humbled
+to the narrow circumstances of one whose life depended upon the chances
+of the most precarious of all professions, and whose success in that
+profession depended wholly on the caprice of fortune. But one glance
+more drove all doubts away, and I took her hand.
+
+She looked at me with speechless embarrassment, sighed deeply, and a
+tear stole down her cheek. At length, withdrawing her hand, she said, in
+almost a whisper, and with an evident effort, "This must not be. I feel
+infinite honour in your good opinion--deeply grateful for your kindness.
+But this must not be. No. I should rather wear this habit for my life,
+than make so ungenerous a return to the noble spirit that can thus offer
+its friendship to a stranger."
+
+"No, Clotilde, no. Again, in my turn, I say, this must not be; you are
+_no_ stranger. I know you at this hour as well as if I had known you
+from the first hour of my being. I gave my heart to you from the moment
+when I first saw you among your countrywomen in England. It required no
+time to make me feel that you were my fate. It was an instinct, a spell,
+a voice of nature, a voice of heaven within me!"
+
+She listened and trembled. I again took the hand, which was withheld no
+more. "From that day, Clotilde, you were my thought by day and my dream
+by night. All my desires of distinction were, that it might be seen by
+your eye; all my hopes of fortune, that I might be enabled to lay it at
+your feet. If a throne were offered to me on condition of renouncing
+you, I should have rejected it. If it were my lot to labour in the
+humblest rank of life, with _you_ by my side I should have cheerfully
+laboured; and, with your hand in mine, I should have said, I have found
+what is worth the world--happiness!"
+
+Tears flowed down her cheeks, which were now like marble. She feebly
+attempted to smile, while, with eyelids drooping, and her whole frame
+quivering with emotion, she murmured in broken accents, "It is
+impossible--utterly impossible! leave me. I must not bring you a
+portionless, a helpless, a nameless being--a mere dependent on your
+kindness, a burden on your fortune, an obstacle to your whole advance in
+the world!" A rich flush suddenly lighted up her lovely countenance, and
+a new splendour flashed from her eyes. She threw back her head loftily,
+and looking upwards, as if to draw thoughts from above--"Sir," said she,
+"I am as proud as you. I have had noble ancestors; I have borne a noble
+name. If that name has fallen, it is in the common wreck of my country.
+Our fortunes have sunk, only where the monarchy has gone down along with
+them; and I shall never degrade the memory of those ancestors, nor
+humiliate still more the fallen name of our house, by imposing my
+obscurity, my poverty, on one who has honoured me as you have done.
+Now--farewell! My resolution is fixed. Farewell, my friend! I shall
+never forget this day." She turned away her face, and wept abundantly;
+then, fixing a deep look on me, she added--"I own that it would be a
+consolation to Clotilde de Tourville to believe that she may be
+sometimes remembered; but, until times change, we meet no more--if they
+change not, we part for ever."
+
+I was so completely startled, so thunderstruck, by this declaration,
+that I could not utter a word. I stood gazing at her with open lips. I
+felt a mist gathering over my eyes; a strange sensation about my heart
+chilled my whole frame. I tottered to the sofa and pressed my hand in
+pain upon my eyes; when I withdrew it, I was alone--Clotilde was gone,
+she had vanished with the silence of a vision.
+
+I left the house immediately, in a state of mind which seemed like a
+dissolution of all my faculties. I could not speak--I could scarcely
+see--I could only gasp for air, and retain sufficient power over my
+limbs to guide my steps to my melancholy dwelling. There I threw myself
+on my rough bed, and lingered throughout the day in an exhaustion of
+mind and body, which I sometimes thought to be the approach of death.
+How little could Clotilde have intended that I should suffer thus for
+her high-toned delicacy! Still, in all my misery of soul, I did her
+justice. I remembered the countenance of melancholy beauty with which
+she announced her final determination. The accents of her impassioned
+voice continually rose in my recollection, giving the deepest testimony
+of a heart struggling at once with affection and a sense of duty. In my
+wildest reveries during that day and night of wretchedness, I felt that,
+if she could have spared me a single pang, she would have rejoiced to
+cheer, to console, to tranquillize me. Those were strange feelings for a
+rejected lover, but they were entirely mine. There was so lofty a spirit
+in her glance, so true a sincerity in her language, so pure and
+transparent a truth in her sighs, and smiles, and involuntary tears,
+that I acquitted her, from my soul, of all attempts to try, or triumph
+over, my devotion to her. More than once, during that night of anguish,
+I almost imagined the scene of the day actually passing again before my
+eyes. I saw her sorrows, and vainly endeavoured to subdue them; I heard
+her convulsive tones, and attempted to calm them; I reasoned with her,
+talked of our common helplessness, acknowledged the dignity and the
+delicacy of her conduct, and even gave her lip the kiss of peace and
+sorrow as I bade her farewell. Deep but exquisite illusion! which I
+cherished, and strove to renew; until, suddenly aroused by some changing
+of the sentinels, or passing of the attendants, I looked round, and saw
+nothing but the gloomy roof, the old flickering of the huge lantern
+hanging from the centre of the hall, and the beds where so many had
+slept their last, and which so many of the sleepers were never to leave
+with life. I then had the true experience of human passion. Love, in the
+light and gay, may be as sportive as themselves; in the calm and grave,
+it may be strong and deep; but in some, it is strong as tempest and
+consuming as flame.
+
+I should probably have closed my days in that place of all afflicting
+sights and sounds, but for my good old Beguine. On her first visit at
+dawn, she lectured me prodigiously on the folly of exposing myself to
+the hazards of the night air, of which she evidently thought much more
+than of the Austrian cannon-balls. "They might shower upon the buildings
+as they pleased, but," said the Beguine, "if they kill, their business
+is done. It is your cold, your damp, your night air, that carries off,
+without letting any one know how," the perplexity of science on the
+subject plainly forming the chief evil in poor Juliet's mind.
+
+"See my own condition," said she, striving to bring her recollections in
+aid of her advice. "At fifteen I was a barmaid at the Swartz Adler;
+there I ran in and out, danced at all the family fetes, and was as gay
+as a bird on the tree. But that life was too good to last. At twenty, a
+corporal of Prussian dragoons fell in love with me, or I with him--it is
+all the same. His regiment was ordered to Silesia, and away we all
+marched. But if ever there was a country of fogs, that was the one.
+There are, now and then, a few even in our delightful France; but, in
+Silesia, they have a patent for them, they have them _par privilege_; if
+men could eat them, there would never be a chance of starving in
+Silesia. So we all got sore throats. Cannon and musketry were nothing to
+them. Our dragoons dropped off like flies at the end of summer; and,
+unless we had been ordered away to keep the Turks from marching to
+Berlin, or the saints know where, the regiment would have had its last
+quarters in this world within a league of the marshes of Breslau. So I
+say ever since--take care of damp."
+
+Having thus relieved her good-natured spirit of its burden, she
+proceeded to give me sketches of her history. The corporal had fallen a
+victim--though whether to Silesian fog, brandy, or bullet, she left
+doubtful--and she had married his successor in the rank. Love and
+matrimony in the army are of a different order from either in civil
+life; for the love is perpetual, the matrimony precarious. Juliet
+acknowledged that she never left above a month's interval between her
+afflictions as a widow and her consolations as a wife. In the course of
+time she changed her service. A handsome Austrian sergeant won her heart
+and hand, and she followed him to Hungary. There, between marsh fever
+and Turkish skirmishing, various casualties occurred in the matrimonial
+list; and Juliet, who evidently had been a handsome brunette, and whose
+French vivacity distanced all the heavy charms of the Austrian
+peasantry, was never without a husband. At length, like other veterans,
+having served her country to the full extent of her patriotism, she was
+discharged with her tenth husband, and of course induced the honest
+Austrian to come to the only country on which, in a Frenchwoman's creed,
+the sun shines. There the Austrian died.
+
+"I loved him," said the Beguine, wiping her eyes. "He was an excellent
+fellow, though dull; and I believe, next to smoking and schnaps, he
+loved me better than any thing else in the world. But on his emperor's
+birth-day, which he always kept with a bottle of brandy additional, he
+rambled out into the fog, and came back with a cold. _Peste!_ I knew it
+was all over with him; but I nursed him like a babe, and he died, like a
+true Austrian, with his meerschaum in his mouth, bequeathing me his
+snuff-box, the certificate of his pension, and his blessing. I buried
+him, got pensioned, and was broken-hearted. What, then, was to be done?
+I was born for society. I once or twice thought of an eleventh husband;
+but I was rich. I had above a thousand francs, and a pension of a
+hundred; this perplexed me. I was determined to be married for myself
+alone. Yet, how could I know whether the hypocrites who clustered round
+me were not thinking of my money all the while? So I determined to marry
+no more--and became a Beguine."
+
+In all my vexation, I could not help turning my eye upon the
+sentimentalist. She interpreted it in the happy way of her country. "You
+wonder at my self-denial," said she; "I perceive it in your
+astonishment. I was _but_ fifty then. Yes," said she, clasping her hands
+and looking pathetic; "I acknowledge that it _was_ cruel. What right had
+I to break so many hearts? I have much to answer for--and I _but_ fifty!
+I am even now but fifty-six. Yet, observe, I have taken no vows; remark
+_that_, Monsieur le Capitaine. At this moment I am only a _Soeur de
+Charite_. No, nothing shall ever induce me to make or keep the vows. _I_
+am free to marry to-morrow; and I only beg, Monsieur le Capitaine, that
+when you are well enough to go abroad again, whether in the town or in
+the country, or in whatever part of Europe you may travel, you will have
+the kindness to state positively, most positively, that Juliet
+Donnertronk, _nee_ Ventrebleu, has not taken, and never will take, any
+vows whatever!"
+
+"Not even those of marriage, Juliet?" asked I.
+
+She laughed, and patted my burning head, with "_Ah, vous etes bien bon!
+Ah, moqueur Anglais!_" finishing with all the pantomine of blushing
+confusion, and starting away like a fluttered pigeon.
+
+As soon as I felt able to move, which was not till some days after, my
+first effort was to reach the mansion in which Clotilde resided. But
+there I received the intelligence, that on the evening of the day of my
+first and last visit, she had left the town with the superior of the
+convent. She had made such urgent entreaties to the governor to be
+permitted to leave Valenciennes, that he had obtained a passport for her
+from the general commanding the trenches; and not only for her, but also
+for the nuns--the burning of whose convent had left them houseless.
+
+Painful as it was thus to lose her, it was in some degree a relief to
+find that she was under the protection of her relative; and when I saw,
+from day to day, the ravage that was committed by the tremendous weight
+of fire, I almost rejoiced that she was no longer exposed to its perils.
+
+But it was my fate, or perhaps my good fortune, never to be suffered to
+brood long over my own calamities. My life was spent in the midst of
+tumults, which, if they did not extinguish--and what could
+extinguish?--the sense of such mental trials, at least prevented the
+echo of my complaints from returning to my ears. Before the midnight of
+that very day in which I had flung myself on my couch with almost total
+indifference as to my ever resting on another, the whole city was
+alarmed by the intelligence that the besiegers were evidently preparing
+for an assault. I listened undisturbed. Even this could scarcely add to
+the horrors in which the inhabitants lived from hour to hour; and to me
+it was the hope of a rescue, unless I should be struck by some of the
+shells, which now were perpetually bursting in the streets, or should
+even fall a victim to the wrath of the incensed garrison. But an order
+came suddenly to the officer in charge of the hospital, to send all the
+patients into the vaults, and throw all the beds on the roof, to deaden
+the weight of the fire. He was a man of gentlemanlike manners, and had
+been attentive to me, in the shape of many of those minor civilities
+which a man of severe authority might have refused, but which mark
+kindliness of disposition. On this night he told me, that he had orders
+to put all the prisoners in arrest; but that he regarded me more as a
+friend than a prisoner--and that I was at liberty to take any precaution
+for my security which I thought proper. My answer was, "that I hoped, at
+all events, not to be shut into the vaults, but to take my chance above
+ground." In the end, I proposed to assist in carrying the mattresses to
+the roof, and remain there until the night was over. "But you will be
+hit," said my friend. "So be it," was my answer. "It is the natural fate
+of my profession; but, at least, I shall not be buried alive."
+
+"All will be soon over with us all, and with Valenciennes," said the
+officer; "though whether to-night or not, is a question. We have seen
+new batteries raised within the last twenty-four hours. The enemy have
+now nearly three hundred heavy guns in full play; and, to judge from the
+quantity of shells, they must have a hundred mortars besides. No
+fortress can stand this; and, if it continues, we shall soon be ground
+into dust." He took his leave; and, with my mattress on my shoulder, I
+mounted the numberless and creaking staircases, until the door of the
+roof and the landscape opened on me together.
+
+The night was excessively dark, but perfectly calm; and, except where
+the fire from the batteries marked their position, all objects beyond
+the ramparts were invisible. The town around me lay silent, and looking
+more like a vast grave than a place of human existence. Now and then the
+light of a lantern gliding along the ruined streets, showed me a group
+of wretched beings hurrying a corpse to the next churchyard, or a priest
+seeking his way over the broken heaps to attend some dying soldier or
+citizen. All was utter desolation.
+
+But a new scene--a terrible and yet a superb one--suddenly broke upon
+me. A discharge of rockets from various points of the allied lines,
+showed that a general movement was begun. The batteries opened along the
+whole extent of the trenches, and by their blaze I was able to discern,
+advancing and formed in their rear, two immense columns, which, however,
+in the distance and the fitfulness of the glare, looked more like huge
+clouds than living beings. The guns of the ramparts soon replied, and
+the roar was deafening; while the plunging of shot along the ramparts
+and roofs made our situation perilous in no slight degree. But, in the
+midst of this hurricane of fire, I saw a single rocket shoot up from the
+camp, and the whole range of the batteries ceased at the instant. The
+completeness of the cessation was scarcely less appalling than the roar.
+While every telescope was turned intently to the spot, where the columns
+and batteries seemed to have sunk together into the earth, a pyramid of
+blasting flame burst up to the very clouds, carrying with it fragments
+of beams and masonry. The explosion rent the air, and shook the building
+on which I stood as if it had been a house of sand. A crowd of engineer
+and staff-officers now rushed on the roof, and their alarm at the
+results of the concussion was undisguised. "This is what we suspected,"
+said the chief to me; "but it was impossible to discover where the
+gallery of their mine was run. Our counter mine has clearly failed." He
+had scarcely spoken the words, before a second and still broader
+explosion tore up the ground to a great extent, and threw the
+counterscarp for several hundred yards into the ditch. The drums of the
+columns were now distinctly heard beating the advance; but darkness had
+again fallen, and all was invisible. A third explosion followed, still
+closer to the ramparts, which blew up the face of the grand bastion. The
+stormers now gave a general shout, and I saw them gallantly dashing
+across the ditch and covered way, tearing down the palisades, fighting
+hand to hand, clearing the outworks with the bayonet, and finally making
+a lodgement on the bastion itself. The red-coats, which now swarmed
+through the works, and the colours planted on the rampart, showed me
+that my countrymen had led the assault, and my heart throbbed with envy
+and admiration. "Why am I not there?" was my involuntary cry; as I
+almost wished that some of the shots, which were not flying about the
+roofs, would relieve me from the shame of being a helpless spectator.
+"_Mon ami_," said the voice of the brave and good-natured Frenchman, who
+had overheard me--"if you wish to rejoin your regiment, you will not
+have long to wait. This affair will not be decided to-night, as I
+thought that it would be half an hour ago. I see that they have done as
+much as they intended for the time, and mean to leave the rest to fright
+and famine. To-morrow will tell us something. Pack up your valise. _Bon
+soir!_"
+
+
+
+
+SONNET TO CLARKSON.
+
+
+    Patriot for England's conscience! Champion keen
+    Of man's one holy birthright! dear grey head,
+    Laurell'd with blessings!--Hath my country bred
+    Lips, to her shame, in unregenerate spleen
+    Profaning heaven's own air with words unclean
+    Against thy sacred name?--Th' august pure Dead
+    In calm of glory sleep:--like them serene,
+    In virtue firmlier mail'd than they with dust,
+    Wait, Clarkson, on our sorrow-trodden sphere,
+    Until her climes waft promise to thine ear,
+    How each thy proud renown will have in trust:
+    Then call'd, at the life-judging Throne appear
+    On the right hand, avouched Loving and Just.
+
+                                        A. B.
+
+
+
+
+LETTER FROM THE RIGHT HON. CHARLES HOPE, LATE LORD PRESIDENT OF THE
+COURT OF SESSION.
+
+
+                                EDINBURGH, _25th October 1844_.
+
+TO THE EDITOR OF BLACKWOOD'S MAGAZINE.
+
+SIR,
+
+I did not read Mr Lockhart's "Life of Sir Walter Scott," and therefore
+it was only lately, and by mere accident, I heard that he has inserted
+an anecdote of Lord Braxfield, which, if it had been true, must for ever
+load his memory with indelible infamy. The story, in substance, I
+understand to be this--That Lord Braxfield once tried a man for forgery
+at the Circuit at _Dumfries_, who was not merely an acquaintance, but an
+intimate friend of his Lordship, with whom he used to play at chess:
+That he did this as coolly as if he had been a perfect stranger: That
+the man was found guilty: That he pronounced sentence of death upon him;
+and then added, "Now, John, I think I have _checkmated_ you now." A more
+unfeeling and brutal conduct it is hardly possible to imagine. The
+moment I heard the story I contradicted it; as, from my personal
+knowledge of Lord Braxfield, I was certain that it could not be true.
+Lord Braxfield certainly was not a polished man in his manners; and
+now-a-days especially would be thought a coarse man. But he was a
+kind-hearted man, and a warm and steady friend--intimately acquainted
+with all my family, and much esteemed by them all. I was under great
+obligations to him for the countenance he showed me when I came to the
+bar, just sixty years ago, and therefore I was resolved to probe the
+matter to the bottom. For that purpose, I directed the record of the
+South Circuit to be carefully searched, and the result is, that Lord
+Braxfield _never tried any man for forgery at Dumfries_. But I was not
+satisfied with this, as it might have been said that Sir Walter had only
+mistaken the town, and that the thing might have happened at some of the
+other Circuit towns. Therefore I then directed a search to be made of
+the records of all the other Circuits in Scotland, during the whole time
+that Lord Braxfield sat on the Justiciary Bench; and the result is, that
+his Lordship never tried any man for forgery at any of the Circuits,
+_except once at Stirling_; and then the culprit, instead of being a
+friend, or even a common acquaintance of Lord Braxfield's, _was a
+miserable shopkeeper in the town of Falkirk_, whose very name it is
+hardly possible he could have heard till he read it in the indictment.
+Therefore I think I have effectually cleared his character from the
+ineffable infamy of such brutality.
+
+I understand that Mr Lockhart became completely satisfied that this
+story did not apply to Lord Braxfield; and therefore has set it down, in
+his second edition, to the credit, or rather to the discredit, not of
+Lord Braxfield, but of a "_certain judge_." But this does not
+sufficiently clear Lord Braxfield of it. Because thousands may never see
+his second edition, or if they did, might think that the story still
+related to Lord Braxfield, but that Mr Lockhart had suppressed his name
+out of delicacy to his family; and therefore, as your excellent Magazine
+has a more extensive circulation in Scotland than the _Quarterly_, I beg
+of you to give this letter an early place. I understand one circumstance
+which satisfied Mr Lockhart that the story did not apply to Lord
+Braxfield is, that the family had assured him that he never played at
+chess--a fact of which I could also have assured Mr Lockhart. But the
+search of the records of Justiciary, which I directed to be made, is the
+most satisfactory refutation of the infamous calumny; and I cannot
+imagine how Sir Walter could have believed it for a moment. Certainly he
+would not, if he had known Lord Braxfield as intimately as I did. I owe
+a debt of gratitude to his memory, and am happy to have an opportunity
+of repaying it.
+
+                                I am,
+                                  Sir,
+                                    Your most obedient servant,
+                                      C. HOPE.
+
+
+
+
+POEMS BY ELIZABETH B. BARRETT.[31]
+
+
+These volumes, from the pen of Miss Barrett, would be a remarkable
+publication at any time; but, in the present dearth of poetical genius,
+their appearance is doubly welcome; their claims on our consideration
+are doubly strong; and we cannot allow ourselves to pass them over
+without some detailed notice of their contents. In spite of many
+blemishes in point of execution, this lady's poems have left a very
+favourable impression on our mind. If the poetess does not always
+command our unqualified approbation, we are at all times disposed to
+bend in reverence before the deep-hearted and highly accomplished
+woman--a woman, whose powers appear to us to extend over a wider and
+profounder range of thought and feeling, than ever before fell within
+the intellectual compass of any of the softer sex.
+
+If we might venture to divine this lady's moral and intellectual
+character from the general tone of her writings, we should say, that
+never did woman's mind dwell more habitually among the thoughts of a
+solemn experience--never was woman's genius impressed more profoundly
+with the earnestness of life, or sanctified more purely by the
+overshadowing awfulness of death. She aspires to write as she has lived;
+and certainly her poetry opens up many glimpses into the history of a
+pure and profound heart which has felt and suffered much. At the same
+time, a reflective cast of intellect lifts her feelings into a higher
+and calmer region than that of ordinary sorrow. There are certain
+delicate and felicitous peculiarities in the constitution of her
+sensibilities, which frequently impart a rare and subtle originality to
+emotions which are as old, and as widely diffused, as the primeval
+curse. The spirit of her poetry appears to us to be eminently religious;
+not because we think her very successful when she deals directly with
+the mysteries of divine truth, but because she makes us feel, even when
+handling the least sacred subjects, that we are in the presence of a
+heart which, in its purity, sees God. In the writings of such a woman,
+there must be much which is calculated to be a blessing and a benefit to
+mankind. If her genius always found a suitable exponent in her style,
+she would stand unrivaled, we think, among the poetesses of England.
+
+But whether it be that Miss Barrett is afraid of degrading poetry to the
+low rank of an _accomplishment_--whether it be that she has some
+peculiar theory of her own on the subject of language, and on the mode
+in which poetical emotions may be most felicitously expressed--whether
+it be that nature has denied her the possession of a sound critical
+judgment, or that she refuses to exercise it in the moment of
+inspiration--whether it be that she considers the habit of pure and
+polished composition an attainment of very secondary importance--or
+whether it be that she has allowed herself to be infected by the
+prevailing mannerisms of the day--certain it is, that there is a large
+proportion of her poetry in which she has failed to add the graces of
+good style and of careful versification to her other excellent
+acquirements. That she can write pure English, and that she frequently
+does so, is undeniable. In some of the extracts which we shall give, we
+believe that the language could scarcely be improved. But we are
+constrained to say, that her compositions are very often disfigured by
+strained or slovenly modes of phraseology, which greatly detract from
+their impressiveness, and which must materially injure the reputation of
+their authoress, by turning away many hearts from the homage which they
+otherwise would most willingly have rendered to her exalted genius.
+
+Miss Barrett is a classical scholar. She surely knows that the great
+works in which she delights have earned the epithet of _classical_, and
+come recommended to the reverence of all mankind, solely in virtue of
+the scrupulous propriety of their language; and because they are fitted
+to serve as models of style to all succeeding generations. The purity of
+their diction, and nothing else, has been their passport to immortality.
+We cannot but lament that Miss Barrett has not provided more surely for
+her future fame, by turning to their best account the lessons which the
+masterpieces of antiquity are especially commissioned to teach.
+
+Let it not be thought that we would counsel Miss Barrett, or any one
+else, to propose these works to themselves as direct objects of
+imitation. Far from it. Such directions would be very vague and
+unmeaning, and might lead to the commission of the very errors which
+they aimed at preventing. The words "purity and propriety of diction"
+are themselves very vague words. Let us say, then, that a style which
+goes at once to the point, which is felt to _get through business_, and
+which carries with it no affectation, either real or apparent, is always
+a good style; and that no other style is good. This is the quality which
+may be generalized from the works of the great authors of all ages, as
+the prime characteristic of all good writing. Their style is always
+pregnant with a working activity--it impresses us with the feeling that
+real work is done here. We fear not to say that Milton himself owes much
+of his reputation to the peremptory and business-like vigour of his
+style. He never beats about the bush--he never employs language which a
+plain man would not have employed--if he could. The sublimity of
+"Paradise Lost" is supported throughout by the direct force of its
+language--language the most elaborate, but also the most to the point,
+and the least fantastical, that ever fell from human lips. There are
+difficulties to encounter in the abstract conception of the poem. The
+naked argument does not at first recommend itself to our understanding.
+It is not till we have vanquished those difficulties,--in which step we
+are mainly assisted by the unparalleled execution of the work,--that all
+our sympathies gravitate towards the mysterious theme.
+
+Now if it be true that it requires all the force of a thoroughly
+practical style to reconcile our affections to such remote and obscure
+conceptions as the fall of man, the war of the rebellious angels, &c.,
+it is peculiarly unfortunate that Miss Barrett, in her opening poem,
+entitled a "Drama of Exile," should have ventured to tread on Miltonic
+ground. For, while our feelings are naturally disposed to fly off at a
+tangent from the vague and impalpable conceptions which form the staple
+of her poem, the dreamy and unpractical character of her style makes
+them fly still further from the subject. The force of her language is
+not sufficient to bind down and rivet our sympathies to the theme; and
+the lyrical portions of the drama, in particular, are so inarticulate,
+that we are compelled to pronounce this composition--partial to it as
+its authoress is--the least successful of her works.
+
+But it is our wish to do full justice to Miss Barrett's extraordinary
+merits, and to convey to our readers a favourable impression of her
+powers; and therefore we shall say no more at present about the "Drama
+of Exile," but shall turn our attention to some of the fairer and less
+questionable manifestations of her genius. We shall commence with her
+sonnets; for these appear to us to be by far the most finished of her
+compositions in point of style; and in depth and purity of sentiment, we
+think that they surpass any thing she has ever written, with the
+exception of the poem entitled "Bertha in the Lane," which we shall
+quote hereafter. As our first specimen, we select one which she entitles
+
+    DISCONTENT.
+
+    "Light human nature is too lightly tost
+    And ruffled without cause; complaining on--
+    Restless with rest--until, being overthrown,
+    It learneth to lie quiet. Let a frost
+    Or a small wasp have crept to the innermost
+    Of our ripe peach; or let the wilful sun
+    Shine westward of our window,--straight we run
+    A furlong's sigh, as if the world were lost.
+    But what time through the heart and through the brain
+    God hath transfix'd us--we, so moved before,
+    Attain to a calm! Ay, shouldering weights of pain,
+    We anchor in deep waters, safe from shore;
+    And hear, submissive, o'er the stormy main,
+    God's charter'd judgments walk for evermore."
+
+Yes; we fear it is too true that the voice of God never speaks so
+articulately to man, as when it speaks in the desperate calm of a soul
+to which life or death has done its worst. The same solemn thought with
+which the sonnet concludes, forms the moral of her ballad entitled the
+"Lay of the Brown Rosary." It is thus that the heroine of that poem
+speaks--
+
+    "Then breaking into tears--'Dear God,' she cried, 'and must we see
+    All blissful things depart from _us_, or ere we go to THEE?
+    We cannot guess thee in the wood, or hear thee in the wind?
+    Our cedars must fall round us, ere we see the light behind?
+    Ay sooth, we feel too strong in weal, to need thee on that road;
+    But woe being come, the soul is dumb that crieth not on 'God.'"
+
+Then it is that the despair which blackens the earth strikes clear the
+face of the sky. Listen again to Miss Barrett, when her soul is cheered
+by the promises of "Futurity:"--
+
+    FUTURITY.
+
+    "And, O beloved voices! upon which
+    Ours passionately call, because erelong
+    Ye brake off in the middle of that song
+    We sang together softly, to enrich
+    The poor world with the sense of love, and witch
+    The heart out of things evil--I am strong,--
+    Knowing ye are not lost for aye among
+    The hills, with last year's thrush. God keeps a niche
+    In Heaven to hold our idols! and albeit
+    He brake them to our faces, and denied
+    That our close kisses should impair their white,--
+    I know we shall behold them raised, complete,--
+    The dust shook from their beauty,--glorified
+    New Memnons singing in the great God-light."
+
+And again, listen to her hallowed and womanly strain when she speaks of
+"Comfort:"--
+
+    COMFORT.
+
+    "Speak low to me, my Saviour--low and sweet
+    From out the hallelujahs, sweet and low,
+    Lest I should fear and fall, and miss thee so
+    Who art not miss'd by any that entreat.
+    Speak to me as to Mary at thy feet--
+    And if no precious gums my hands bestow,
+    Let my tears drop like amber, while I go
+    In reach of thy divinest voice complete
+    In humanest affection--thus, in sooth
+    To lose the sense of losing! As a child,
+    Whose song-bird seeks the wood for evermore,
+    Is sung to in its stead by mother's mouth;
+    Till, sinking on her breast, love-reconciled,
+    He sleeps the faster that he wept before."
+
+How profound and yet how feminine is the sentiment! No _man_ could have
+written that sonnet. It rises spontaneously from the heart of a
+Christian woman, which overflows with feelings more gracious and more
+graceful than ever man's can be. It teaches us what religious poetry
+truly is; for it makes affections inspired by the simplest things of
+earth, to illustrate, with the most artless beauty, the solemn
+consolations of the Cross.
+
+The pointedness of the following religious sonnet is very striking and
+sublime. The text is, "And the Lord turned and _looked_ upon Peter."
+
+    THE MEANING OF THE LOOK.
+
+    "I think that look of Christ might seem to say--
+    'Thou Peter! art thou then a common stone
+    Which I at last must break my heart upon,
+    For all God's charge, to his high angels, may
+    Guard my foot better? Did I yesterday
+    Wash _thy_ feet, my beloved, that they should run
+    Quick to deny me 'neath the morning sun,--
+    And do thy kisses, like the rest, betray?--
+    The cock crows coldly.--Go, and manifest
+    A late contrition, but no bootless fear!
+    For when thy deathly need is bitterest,
+    Thou shalt not be denied, as I am here--
+    My voice, to God and angels, shall attest,--
+    _Because I_ KNOW _this man, let him be clear_.'"
+
+One more sonnet, and we bid adieu to these very favourable specimens of
+Miss Barrett's genius:--
+
+    PATIENCE TAUGHT BY NATURE.
+
+    "'O dreary life!' we cry, 'O dreary life!'
+    And still the generations of the birds
+    Sing through our sighing, and the flocks and herds
+    Serenely live while we are keeping strife
+    With heaven's true purpose in us, as a knife
+    Against which we may struggle. Ocean girds
+    Unslacken'd the dry land: savannah-swards
+    Unweary sweep: hills watch, unworn; and rife
+    Meek leaves drop yearly from the forest-trees,
+    To show, above, the unwasted stars that pass
+    In their old glory. O thou God of old!
+    Grant me some smaller grace than comes to _these_;--
+    But so much patience, as a blade of grass
+    Grows by contented through the heat and cold."
+
+There is a poem in these volumes entitled the "Cry of _the Human_"--some
+stanzas of which are inspired by profound feeling, and written with a
+rare force and simplicity of style; but as other parts of it are
+obscure, and as it appears to us to be of very unequal merit, we shall
+not quote the whole of it. In addition to the faults which are to be
+found in the poem itself, its title is objectionable, as embodying one
+of Miss Barrett's worst mannerisms, and one for which we think that no
+allowance ought to be made. She is in the habit of employing certain
+adjectives in a substantive sense. She does so here. In other places she
+writes "Heaven assist _the Human_." "Leaning from _my human_," that is,
+stooping from my rank as a human being. In one passage she says,
+
+    "Till the heavenly Infinite
+    Falling off from our _Created_--"
+
+_nature_ being understood after the word "created." The word "divine" is
+one which she frequently employs in this substantive fashion. She also
+writes "Chanting down the _Golden_"--the golden what?
+
+    "Then the full sense of your _mortal_
+    Rush'd upon you deep and loud."
+
+For "mortal," read "mortality." It is true that this practice may be
+defended to a certain extent by the example and authority of Milton. But
+Miss Barrett is mistaken if she supposes that her frequent and prominent
+use of such a form of speech, can be justified by the rare and
+unobtrusive instances of it which are to be found in the _Paradise
+Lost_. To use an anomalous expression two or three times in a poem
+consisting of many thousand lines, is a very different thing from
+bringing the same anomaly conspicuously forward, and employing it as a
+common and favourite mode of speech in a number of small poems. In the
+former case, it will be found that the expression is vindicated by the
+context, and by the circumstances under which it is employed; in the
+latter case it becomes a nuisance which cannot be too rigorously put
+down. One step further and we shall find ourselves talking, in the
+dialect of Yankeeland, of "us poor Humans!" However, as the point
+appears to us to be one which does not admit of controversy, we shall
+say no more on the subject, but shall proceed to the more agreeable duty
+of quoting the greater portion of Miss Barrett's poem, which may be
+regarded as a commentary on the prayer--"The Lord be merciful to us
+sinners."
+
+    THE CRY OF THE HUMAN.
+
+    "'There is no God,' the foolish saith,--
+      But none, 'There is no sorrow;'
+    And nature oft, the cry of faith,
+      In bitter need will borrow:
+    Eyes, which the preacher could not school,
+      By wayside graves are raised;
+    And lips say, 'God be pitiful,'
+      Which ne'er said, 'God be praised.'
+          Be pitiful, O God!
+
+    "The curse of gold upon the land,
+      The lack of bread enforces--
+    The rail-cars snort from strand to strand,
+      Like more of Death's White horses!
+    The rich preach 'rights' and future days,
+      And hear no angel scoffing:
+    The poor die mute--with starving gaze
+      On corn-ships in the offing.
+          Be pitiful, O God!
+
+    "We meet together at the feast--
+      To private mirth betake us--
+    We stare down in the winecup, lest
+      Some vacant chair should shake us!
+    We name delight and pledge it round--
+      'It shall be ours to-morrow!'
+    God's seraphs! do your voices sound
+      As sad in naming sorrow?
+          Be pitiful, O God!
+
+    "We sit together with the skies,
+      The steadfast skies above us:
+    We look into each other's eyes,--
+      'And how long will you love us?'--
+    The eyes grow dim with prophecy,
+      The voices, low and breathless--
+    'Till death us part!'--O words, to be
+      Our _best_ for love the deathless!
+          Be pitiful, dear God!
+
+    "We tremble by the harmless bed
+      Of one loved and departed--
+    Our tears drop on the lips that said
+      Last night, 'Be stronger-hearted!'
+    O God--to clasp those fingers close,
+      And yet to feel so lonely!--
+    To see a light on dearest brows,
+      Which is the daylight only!
+          Be pitiful, O God!
+
+    "The happy children come to us,
+      And look up in our faces:
+    They ask us--Was it thus, and thus,
+      When we were in their places?--
+    We cannot speak:--we see anew
+      The hills we used to live in;
+    And feel our mother's smile press through
+      The kisses she is giving.
+        Be pitiful, O God!
+
+    "We pray together at the kirk,
+      For mercy, mercy, solely--
+    Hands weary with the evil work,
+      We lift them to the Holy!
+    The corpse is calm below our knee--
+      Its spirit, bright before Thee--
+    Between them, worse than either, we--
+      Without the rest or glory!
+        Be pitiful, O God!
+
+    "We sit on hills our childhood wist,
+      Woods, hamlets, streams, beholding!
+    The sun strikes, through the furthest mist,
+      The city's spire to golden.
+    The city's golden spire it was,
+      When hope and health were strongest,
+    But now it is the churchyard grass
+      We look upon the longest.
+          Be pitiful, O God!
+
+    "And soon all vision waxeth dull--
+      Men whisper, 'He is dying:'
+    We cry no more, 'Be pitiful!'--
+      We have no strength for crying!--
+    No strength, no need! Then, Soul of mine,
+      Look up and triumph rather--
+    Lo! in the depth of God's Divine,
+      The Son adjures the Father--
+          Be pitiful, O God!"
+
+"The Romance of the Swan's Nest" is written in a different vein. It is
+characterized by graceful playfulness of manner and sentiment, which
+shows how heartily the amiable authoress can enter into the sympathies
+and enjoyments of child, and how much she is at home when she engages in
+lighter dalliance with the muse. We have taken the liberty to print in
+italics two or three _Barrettisms_, which however, we believe, are not
+very reprehensible. On the whole, it is very pleasing and elegant
+performance:--
+
+    ROMANCE OF THE SWAN'S NEST.
+
+      "Little Ellie sits alone
+    Mid the beeches of a meadow,
+      By a stream-side, on the grass:
+      And the trees are showering down
+    _Doubles of their leaves in shadow_,
+      On her shining hair and face.
+
+      "She has thrown her bonnet by;
+    And her feet she has been dipping
+      In the shallow water's flow--
+      Now she holds them nakedly
+    In her hands, all sleek and dripping,
+      While she rocketh to and fro.
+
+      "Little Ellie sits alone,--
+    And the smile, she softly useth,
+      Fills the silence like a speech;
+      While she thinks what shall be done,--
+    And the sweetest pleasure, chooseth,
+      For her future within reach!
+
+      "Little Ellie in her smile
+    Chooseth ... 'I will have a lover,
+      Riding on a steed of steeds!
+      He shall love me without guile;
+    And to _him_ I will discover
+      That swan's nest among the reeds.
+
+      "'And the steed shall be red-roan,
+    And the lover shall be noble,
+      With an eye _that takes the breath_,--
+      And the lute he plays upon
+    Shall strike ladies into trouble,
+      As his sword strikes men to death.
+
+      "'And the steed, it shall be shod
+    All in silver, housed in azure,
+      And the mane shall swim the wind!
+      And the hoofs, along the sod,
+    Shall flash onward _in a pleasure_,
+      Till the shepherds look behind.
+
+      "'But my lover will not prize
+    All the glory that he rides in,
+      When he gazes in my face!
+      He will say, 'O Love, thine eyes
+    Build the shrine my soul abides in;
+      And I kneel here for thy grace.'
+
+      "'Then, ay, then--he shall kneel low--
+    With the red-roan steed _anear_ him
+      Which shall seem to understand--
+      Till I answer, "Rise, and go!
+    For the world must love and fear him
+      Whom I gift with heart and hand."
+
+      "'Then he will arise so pale,
+    I shall feel my own lips tremble
+      With a _yes_ I must not say--
+      Nathless, maiden-brave, "Farewell,"
+    I will utter and dissemble--
+      "Light to-morrow, with to-day."
+
+      "'Then he will ride through the hills,
+    To the wide world past the river,
+      There to put away all wrong!
+      To make straight distorted wills,--
+    And to empty the broad quiver
+      Which the wicked bear along.
+
+      "'Three times shall a young foot-page
+    Swim the stream, and climb the mountain,
+      And kneel down beside my feet--
+      "Lo! my master sends this gage,
+    Lady, _for thy pity's counting_!
+      What wilt thou exchange for it?"
+
+      "'And the first time, I will send
+    A white rosebud for a guerdon,--
+      And the second time, a glove!
+      But the third time--I may bend
+    From my pride, and answer--"Pardon,
+      If he comes to take my love."
+
+      "'Then the young foot-page will run,
+    Then my lover will ride faster,
+      Till he kneeleth at my knee!
+      "I am a duke's eldest son!
+    Thousand serfs do call me master,--
+      But, O Love, I love but thee!"
+
+      "'He will kiss me on the mouth
+    Then, and lead me as a lover,
+      Through the crowds that praise his deeds!
+      And when soul-tied by one troth,
+    Unto _him_ I will discover
+      That swan's nest among the reeds.'
+
+      "Little Ellie, with her smile
+    Not yet ended, rose up gaily,--
+      Tied the bonnet, donn'd the shoe--
+      And went homeward, round a mile,
+    Just to see, as she did daily,
+      What more eggs were with the _two_.
+
+      "Pushing through the elm-tree copse
+    Winding by the stream, light-hearted,
+      Where the osier pathway leads--
+      Past the boughs she stoops--and stops!
+    Lo! the wild swan had deserted--
+      And a rat had gnaw'd the reeds.
+
+      "Ellie went home sad and slow!
+    If she found the lover ever,
+      With his red-roan steed of steeds,
+      Sooth I know not! but I know
+    She could show him never--never,
+      That swan's nest among the reeds!"
+
+But the gem of the collection is unquestionably the poem entitled
+"Bertha in the Lane." This is the purest picture of a broken heart that
+ever drew tears from the eyes of woman or of man. Although our extracts
+are likely to exceed the proportion which they ought to bear to our
+critical commentary, we must be permitted to quote this poem entire. A
+grain of such poetry is worth a cart-load of criticism:--
+
+    BERTHA IN THE LANE.
+
+    "Put the broidery-frame away,
+    For my sewing is all done!
+    The last thread is used to-day,
+      And I need not join it on.
+      Though the clock stands at the noon,
+      I am weary! I have sewn
+      Sweet, for thee, a wedding-gown.
+
+    "Sister, help me to the bed,
+      And stand near me, dearest-sweet,
+    Do not shrink nor be afraid,
+      Blushing with a sudden heat!
+      No one standeth in the street?--
+      By God's love I go to meet,
+      Love I thee with love complete.
+
+    "Lean thy face down! drop it in
+      These two hands, that I may hold
+    'Twixt their palms thy cheek and chin,
+      Stroking back the curls of gold.
+      'Tis a fair, fair face, in sooth--
+      Larger eyes and redder mouth
+      Than mine were in my first youth!
+
+    "Thou art younger by seven years--
+      Ah!--so bashful at my gaze,
+    That the lashes, hung with tears,
+      Grow too heavy to upraise?
+      I would wound thee by no touch
+      Which thy shyness feels as such--
+      Dost thou mind me, dear, so much?
+
+    "Have I not been nigh a mother
+      To thy sweetness--tell me, dear?
+    Have we not loved one another
+      Tenderly, from year to year;
+      Since our dying mother mild
+      Said _with accents undefiled_,[32]
+      'Child, be mother to this child!'
+
+    "Mother, mother, up in heaven,
+      Stand up on the jasper sea,
+    And be witness I have given
+      All the gifts required of me;--
+      Hope that bless'd me, bliss that crown'd,
+      Love, that left me with a wound,
+      Life itself, that turneth round!
+
+    "Mother, mother, thou art kind,
+      Thou art standing in the room,--
+    In a molten glory shrined,
+      That rays off into the gloom!
+      But thy smile is bright and bleak
+      Like cold waves--I cannot speak;
+      I sob in it, and grow weak.
+
+    "Ghostly mother, keep aloof
+      One hour longer from my soul--
+    For I still am thinking of
+      Earth's warm-beating joy and dole!
+      On my finger is a ring
+      Which I still see glittering,
+      When the night hides every thing.
+
+    "Little sister, thou art pale!
+      Ah! I have a wandering brain--
+    But I lose that fever-bale,
+      And my thoughts grow calm again.
+      Lean down closer--closer still!
+      I have words thine ear to fill,--
+      And would kiss thee at my will.
+
+    "Dear, I heard thee in the spring,
+      Thee and Robert--through the trees,
+    When we all went gathering
+      Boughs of May-bloom for the bees.
+      Do not start so! think instead
+      How the sunshine overhead
+      Seem'd to trickle through the shade.
+
+    "What a day it was, that day!
+      Hills and vales did openly
+    Seem to heave and throb away,
+      At the sight of the great sky:
+      And the silence, as it stood
+      In the glory's golden flood,
+      Audibly did bud--and bud!
+
+    "Through the winding hedgerows green,
+      How we wander'd, I and you,--
+    With the bowery tops shut in,
+      And the gates that show'd the view--
+      How we talk'd there! thrushes soft
+      Sang our pauses out,--or oft
+      Bleatings took them, from the croft.
+
+    "Till the pleasure, grown too strong,
+      Left me muter evermore;
+    And, the winding road being long,
+      I walked out of sight, before;
+      And so, wrapt in musings fond,
+      Issued (past the wayside pond)
+      On the meadow-lands beyond.
+
+    "I sate down beneath the beech
+      Which leans over to the lane,
+    And the far sound of your speech
+      Did not promise any pain:
+      And I bless'd you full and free,
+      With a smile stoop'd tenderly
+      O'er the May-flowers on my knee.
+
+    "But the sound grew into word
+      As the speakers drew more near--
+    Sweet, forgive me that I heard
+      What you wish'd me not to hear.
+      Do not weep so--do not shake--
+      Oh,--I heard thee, Bertha, make
+      Good true answers for my sake.
+
+      "Yes, and HE too! let him stand
+      In thy thoughts, untouch'd by blame.
+    Could he help it, if my hand
+      He had claim'd with hasty claim?
+      That was wrong perhaps--but then
+      Such things be--and will, again!
+      Women cannot judge for men.
+
+      "Had he seen thee, when he swore
+      He would love but me alone?
+    Thou wert absent,--sent before
+      To our kin in Sidmouth town.
+      When he saw thee who art best
+      Past compare, and loveliest,
+      He but judged thee as the rest.
+
+      "Could we blame him with grave words,
+      Thou and I, Dear, if we might?
+    Thy brown eyes have looks like birds,
+      Flying straightway to the light:
+      Mine are older.--Hush!--Look out--
+      Up the street! Is none without?
+      How the poplar swings about!
+
+      "And that hour--beneath the beech,--
+      When I listen'd in a dream,
+    And he said, in his deep speech,
+      That he owed me all _esteem_,--
+      Each word swam in on my brain
+      With a dim, dilating pain,
+      Till it burst with that last strain--
+
+      "I fell flooded with a Dark,
+      In the silence of a swoon--
+    When I rose, still cold and stark,
+      There was night,--I saw the moon:
+      And the stars, each in its place,
+      And the May-blooms on the grass,
+      Seem'd to wonder what I was.
+
+      "And I walk'd as if apart
+      From myself, when I could stand--
+    And I pitied my own heart,
+      As if I held it in my hand,--
+      Somewhat coldly,--with a sense
+      Of fulfill'd benevolence,
+      And a 'poor thing' negligence.
+
+      "And I answer'd coldly too,
+      When you met me at the door;
+    And I only _heard_ the dew
+      Dripping from me to the floor:
+      And the flowers I bade you see,
+      Were too wither'd for the bee,--
+      As my life, henceforth, for me.
+
+      "Do not weep so--dear--heart-warm!
+      It was best as it befell!
+    If I say he did me harm,
+      I speak wild,--I am not well.
+      All his words were kind and good--
+      _He esteem'd me!_ Only blood
+      Runs so faint in womanhood.
+
+      "Then I always was too grave,--
+      Liked the saddest ballads sung,--
+    With that look, besides, we have
+      In our faces, who die young.
+      I had died, Dear, all the same--
+      Life's long, joyous, jostling game
+      Is too loud for my meek shame.
+
+      "We are so unlike each other,
+      Thou and _I_; that none could guess
+    We were children of one mother,
+      But for mutual tenderness.
+      Thou art rose-lined from the cold,
+      And meant, verily, to hold
+      Life's pure pleasures manifold.
+
+      "I am pale as crocus grows
+      Close beside a rose-tree's root!
+    Whosoe'er would reach the rose,
+      Treads the crocus underfoot--
+      _I_, like May-bloom on thorn tree--
+      _Thou_, like merry summer-bee!
+      Fit, that _I_ be pluck'd for _thee_.
+
+      "Yet who plucks me?--no one mourns--
+      I have lived my season out,--
+    And now die of my own thorns
+      Which I could not live without.
+      Sweet, be merry! How the light
+      Comes and goes! If it be night,
+      Keep the candles in my sight.
+
+      "Are there footsteps at the door?
+      Look out quickly. Yea, or nay?
+    Some one might be waiting for
+      Some last word that I might say.
+      Nay? So best!--So angels would
+      Stand off clear from deathly road--
+      Not to cross the sight of God.
+
+      "Colder grow my hands and feet--
+      When I wear the shroud I made,
+    Let the folds lie straight and neat,
+      And the rosemary be spread--
+      That if any friend should come,
+      (To see _thee_, sweet!) all the room
+      May be lifted out of gloom.
+
+      "And, dear Bertha, let me keep
+      On my hand this little ring,
+    Which at nights, when others sleep,
+      I can still see glittering.
+      Let me wear it out of sight,
+      In the grave--where it will light
+      All the Dark up, day and night.
+
+      "On that grave, drop not a tear!
+      Else, though fathom-deep the place,
+    Through the woollen shroud I wear,
+      I shall feel it on my face.
+      Rather smile there, blessed one,
+      Thinking of me in the sun--
+      Or forget me--smiling on!
+
+      "Art thou near me? nearer? so!
+      Kiss me close upon the eyes--
+    That the earthly light may go
+      Sweetly as it used to rise--
+      When I watch'd the morning-gray
+      Strike, betwixt the hills, the way
+      He was sure to come that day.
+
+      "So--no more vain words be said!
+      The hosannas nearer roll--
+    Mother, smile now on thy Dead--
+      I am death-strong in my soul!
+      Mystic Dove alit on cross,
+      Guide the poor bird of the snows
+      Through the snow-wind above loss!
+
+      "Jesus, Victim, comprehending
+      Love's divine self-abnegation--
+    Cleanse my love in its self-spending,
+      And absorb the poor libation!
+      Wind my thread of life up higher,
+      Up through angels' hands of fire!--
+      I aspire while I expire!"
+
+The following extract from a little poem entitled "Sleeping and
+Watching," is very touching in its simplicity. Miss Barrett is watching
+over a slumbering child. How softly does the spirit of the watcher
+overshadow the cradle with the purest influences of its own sanctified
+sorrows, while she thus speaks!--
+
+    "_I_, who cannot sleep as well,
+      Shall I sigh to view you?
+    Or sigh further to foretell
+      All that may undo you?
+    Nay, keep smiling, little child,
+      Ere the sorrow neareth,--
+    _I_ will smile too! Patience mild
+      Pleasure's token weareth.
+    Nay, keep sleeping, before loss;
+      I shall sleep though losing!
+    As by cradle, so by cross,
+      Sure is the reposing.
+
+    "And God knows, who sees us twain,
+      Child at childish leisure,
+    I am near as tired of pain
+      As you seem of pleasure;--
+    Very soon too, by his grace
+      Gently wrapt around me,
+    Shall I show as calm a face,
+      Shall I sleep as soundly!
+    Differing in this, that _you_
+      Clasp your playthings sleeping,
+    While my hand shall drop the few
+      Given to my keeping;
+
+    "Differing in this, that _I_
+      Sleeping, shall be colder,
+    And in waking presently,
+      Brighter to beholder!
+    Differing in this beside
+      (Sleeper, have you heard me?
+    Do you move, and open wide
+      Eyes of wonder toward me?)--
+    That while I draw you withal
+      From your slumber, solely,--
+    Me, from mine, an angel shall,
+      With reveillie holy!"
+
+After having perused these extracts, it must be impossible for any one
+to deny that Miss Barrett is a person gifted with very extraordinary
+powers of mind, and very rare sensibilities of heart. She must surely be
+allowed to take her place among the female writers of England as a
+poetess of no ordinary rank; and if she does not already overtop them
+all, may she one day stand forth as the queen of that select and
+immortal sisterhood! It is in her power to do so if she pleases.
+
+It is now our duty to revert to the principal poem in the collection,
+respecting which we have already ventured to pronounce rather an
+unfavourable opinion. The "Drama of Exile" is the most ambitious of Miss
+Barrett's compositions. It is intended to commemorate the sayings and
+doings of our First Parents, immediately subsequent to their expulsion
+from the garden of Eden. Its authoress, with sincere modesty, disclaims
+all intention of entering into competition with Milton; but the
+comparison must, of course, force itself upon the reader; and although
+it was not to be expected that she should rise so soaringly as Milton
+does above the level of her theme, it was at any rate to be expected
+that her _dramatis personae_ should not stand in absolute contrast to
+his. Yet Milton's Satan and Miss Barrett's Lucifer are the very
+antipodes of each other. Milton's Satan is a thoroughly practical
+character, and, if he had been human, he would have made a first-rate
+man of business in any department of life. Miss Barrett's Lucifer, on
+the contrary, is the poorest prater that ever made a point of saying
+nothing to the purpose, and we feel assured that he could have put his
+hand to nothing in heaven, on earth, or in hell. He has nothing to do,
+he does nothing, and he could do nothing. He seems incapable of
+excogitating a single plot of treachery, or of carrying into execution a
+single deed of violence. His thoughts are a great deal too much taken up
+about his own personal appearance. Gabriel is an equally irresolute
+character. The following is a portion of a dialogue which takes place
+between the two; and it is perhaps as fair a sample of the drama as any
+that we could select. Near the beginning of the poem Gabriel concludes a
+short address to Lucifer with these words--
+
+    "Go from us straightway.
+
+    _Lucifer._          Wherefore?
+
+    _Gabriel._                     Lucifer,
+    Thy last step in this place, trod sorrow up.
+    Recoil before that sorrow, if not this sword.
+
+    _Lucifer._ Angels are in the world--wherefore not I?
+    Exiles are in the world--wherefore not I?
+    The cursed are in the world--wherefore not I?
+
+    _Gabriel._ Depart.
+
+    _Lucifer._        And where's the logic of 'depart?'
+    Our lady Eve had half been satisfied
+    To obey her Maker, if I had not learnt
+    To fix my postulate better. Dost thou dream
+    Of guarding some monopoly in heaven
+    Instead of earth? _Why I can dream with thee
+    To the length of thy wings._
+
+    _Gabriel._             I do not dream.
+    This is not heaven, even in a dream; nor earth,
+    As earth was once,--first breathed among the stars,--
+    Articulate glory from the mouth divine,--
+    To which the myriad spheres thrill'd audibly,
+    Touch'd like a lute-string,--and the sons of God
+    Said AMEN, singing it. I know that this
+    Is earth, not new created, but new cursed--
+    This, Eden's gate, not open'd, but built up
+    With a final cloud of sunset. Do I dream?
+    Alas, not so! this is the Eden lost
+    By Lucifer the serpent! this the sword
+    (This sword, alive with justice and with fire,)
+    That smote upon the forehead, Lucifer
+    The angel! Wherefore, angel, go ... depart--
+    Enough is sinn'd and suffer'd.
+
+    _Lucifer._                By no means."
+
+It will be observed, that in this passage Gabriel thrice desires Lucifer
+to "move on;" it will also be observed that Gabriel has a sword--or
+perhaps it may be the revolving sword which guards Paradise that he
+speaks of; but be it so or not, he threatens Lucifer with the edge of
+the sword unless he decamps; and yet, although the warning is repeated,
+as we have said, three distinct times, and although Lucifer
+pertinaciously refuses to stir a step, still the weapon remains
+innocuous, and the arch-fiend remains intact. This is not the way in
+which Milton manages matters. Towards the conclusion of the fourth book
+of Paradise Lost, this same Gabriel orders Satan to leave his presence--
+
+                           "Avant!
+    Fly thither whence thou fledd'st."
+
+The rebel angel refuses to retire:--upon which, without more ado, both
+sides prepare themselves for battle. On the side of Gabriel
+
+                "Th'angelic squadron bright
+    _Turned fiery red_, sharpening in mooned horns
+    Their phalanx."
+
+What an intense picture of ardour preparatory to action (it is night,
+remember) is presented to our imaginations by the words "turned fiery
+red!"
+
+        "On t'other side, Satan alarm'd,
+    Collecting all his might, dilated stood,
+    Like Teneriff, or Atlas, unremov'd:
+    His stature reach'd the sky."
+
+Then would have come the tug of war--then
+
+          "Dreadful deeds
+    Might have ensued;"
+
+and would have ensued--
+
+                             "Had not soon
+    The Eternal, to prevent such horrid fray,
+    Hung forth in heaven his golden scales."--
+             "The fiend look'd up and knew
+    His mounted scale aloft; nor more, but fled
+    Murmuring, and with him fled the shades of night."
+
+But in the interview which Miss Barrett describes between Gabriel and
+Lucifer, no such headlong propensity to act is manifested by either
+party--no such crisis ensues to interrupt the fray. Gabriel is satisfied
+with giving utterance to a feeble threat, which, when he finds that
+Lucifer pays no attention to it, he never attempts to carry into
+execution. For no apparent cause, he suddenly changes his tone, and
+condescends to hold parley with his foe on a variety of not very
+interesting particulars, informing him, among other things, that he
+"does not dream!"
+
+The following is Lucifer's description of our First Mother. It is
+impregnated with Miss Barrett's mannerisms, and strongly characterized
+by that fantastical and untrue mode of picturing sensible objects, which
+the example of Shelley and Keates tended especially to foster, if they
+were not the first to introduce it:--
+
+    "_Lucifer._ Curse freely! curses thicken. Why, this Eve
+    Who thought me once part worthy of her ear,
+    And somewhat wiser than the other beasts,--
+    Drawing together _her large globes of eyes,
+    The light of which is throbbing in and out
+    Around their continuity of gaze_,--
+    Knots her fair eyebrows in so hard a knot,
+    And, down from _her white heights of womanhood_,
+    Looks on me so amazed,--I scarce should fear
+    To wager such an apple as she pluck'd,
+    Against one riper from the tree of life,
+    That she could curse too--as a woman may--
+    _Smooth in the vowels_."
+
+We do not very well understand why Eve's curses should have been
+smoother in the vowels than in the consonants. But as we are no great
+elocutionists, or at all well conversant with the mysteries of
+"labials," "dentals," and "gutterals," we shall not contest the point
+with Lucifer, lest we should only expose our own ignorance.
+
+Respecting the leading conception of her drama, Miss Barrett writes
+thus:--"My subject was the new and strange experience of the fallen
+humanity as it went forth from Paradise into the wilderness; with a
+peculiar reference to Eve's allotted grief, which, considering that
+self-sacrifice belonging to her womanhood, and the consciousness of
+originating the Fall to her offence--appeared to me imperfectly
+apprehended hitherto, and more expressible by a woman than a man." No
+wonder that Miss Barrett failed in her undertaking. In the conception of
+Eve's grief as distinguished from Adam's, and as coloured by the
+circumstances of her situation--namely, by the consciousness that she
+had been the _first_ to fall, and the proximate cause of Adam's
+transgression--there is certainly no sufficient foundation to sustain
+the weight of a dramatic poem. At the most, it might have furnished
+materials for a sonnet. It therefore detracts nothing from the genius of
+Miss Barrett to say, that her attempt has been unsuccessful. She has
+tried to make bricks not only without straw, but almost without clay;
+and that being the case, the marvel is that she should have succeeded so
+well.
+
+"There was room at least," continues Miss Barrett, "for lyrical emotion
+in those first steps into the wilderness, in that first sense of
+desolation after wrath, in that first audible gathering of the
+recriminating 'groan of the whole creation,' in that first darkening of
+the hills from the recoiling feet of angels, and in that first silence
+of the voice of God." There certainly _was_ room for lyrical emotion in
+these first steps into wilderness. All nature might most appropriately
+be supposed to break forth in melodious regrets around the footsteps of
+the wanderers: but we cannot think that Miss Barrett has done justice to
+nature's strains. Unless lyrical emotion be expressed in language as
+clear as a mountain rill, and as well defined as the rocks over which it
+runs, it is much better left unsung. The merit of all lyrical poetry
+consists in the clearness and cleanness with which it is cut; no tags or
+loose ends can any where be permitted. But Miss Barrett's lyrical
+compositions are frequently so inarticulate, so slovenly, and so
+defective, both in rhythm and rhyme, that we are really surprised how a
+person of her powers could have written them, and how a person of any
+judgment could have published them. Take a specimen, not by any means
+the worst, from the "Song of the morning star to Lucifer:"--
+
+    "Mine orbed image sinks
+      Back from thee, back from thee,
+    As thou art fallen, methinks,
+      Back from me, back from me.
+        O my light-bearer,
+        Could another fairer
+      Lack to thee, lack to thee?
+        Ai, ai, Heosphoros!
+    I loved thee, with the fiery love of stars.
+    Who love by burning, and by loving move,
+    Too near the throned Jehovah, not to love.
+        Ai, ai, Heosphoros!
+    Their brows flash fast on me from gliding cars,
+        Pale-passion'd for my loss.
+        Ai, ai, Heosphoros!
+
+    "Mine orbed heats drop cold
+      Down from thee, down from thee,
+    As fell thy grace of old
+      Down from me, down from me.
+        O my light-bearer,
+        Is another fairer
+      Won to thee, won to thee?
+        Ai, ai, Heosphoros,
+        Great love preceded loss,
+      Known to thee, known to thee.
+        Ai, ai!
+    Thou, breathing they communicable grace
+      Of life into my light
+    Mine astral faces, from thine angel face,
+      Hast inly fed,
+    And flooded me with radiance overmuch
+      From thy pure height.
+        Ai, ai!
+    Thou, with calm, floating pinions both ways spread,
+        Erect, irradiated,
+        Didst sting my wheel of glory
+        On, on before thee,
+    Along the Godlight, by a quickening touch!
+        Ha, ha!
+    Around, around the firmamental ocean,
+    I swam expanding with delirious fire!
+    Around, around, around, in blind desire
+    To be drawn upward to the Infinite--
+        Ha, ha!"
+
+But enough of _Ai ai Heosphoros_. It may be very right for ladies to
+learn Greek--not, however, if it is to lead them to introduce such
+expressions as this into the language of English poetry.
+
+Nor do we think that Miss Barrett's lyrical style improves when she
+descends to themes of more human and proximate interest, and makes the
+"earth-spirits" and the "flower-spirits" pour their lamentations into
+the ears of the exiled pair. The following is the conclusion of the
+_layment_ (as Miss Barrett pronounces the word _lament_) of the
+"flower-spirits:"--
+
+       "We pluck at your raiment,
+          We stroke down your hair,
+        We faint in our _lament_,
+          And pine into air.
+        Fare-ye-well--farewell!
+    The Eden scents, no longer sensible,
+        Expire at Eden's door!
+        Each footstep of your treading
+    Treads out some fragrance which ye knew before:
+        Farewell! the flowers of Eden
+        Ye shall smell never more."
+
+Would not Miss Barrett's hair have stood on end if Virgil had written
+"Arma virumque _canto_?" Yet surely that false quantity would have been
+not more repugnant to the genius of Latin verse than her transposition
+of accent in the word _lament_ is at variance with the plainest
+proprieties of the English tongue.
+
+The "earth-spirits" deliver themselves thus:--
+
+    _Earth Spirits._
+        "And we scorn you! there's no pardon
+          Which can lean to you aright!
+        When your bodies take the guerdon
+          Of the death-curse in our sight,
+      Then the bee that hummeth lowest shall transcend you.
+        Then ye shall not move an eyelid
+          Though the stars look down your eyes;
+        And the earth, which ye defiled,
+          She shall show you to the skies,--
+      Lo! these kings of ours--who sought to comprehend you.'
+
+    _First Spirit._
+        And the elements shall boldly
+          All your dust to dust constrain;
+        Unresistedly and coldly,
+          I will smite you with my rain!
+      From the slowest of my frosts is no receding.
+
+    _Second Spirit._
+        And my little worm, appointed
+          To assume a royal part,
+        He shall reign, crown'd and anointed,
+          O'er the noble human heart!
+      Give him counsel against losing of that Eden!"
+
+In one of the lyrical effusions, man is informed that when he goes to
+heaven--
+
+      "Then a _sough of glory_
+      Shall your entrance greet,
+    Ruffling round the doorway
+      The smooth radiance it shall meet."
+
+We wonder what meaning Miss Barrett attaches to the word _sough_! It is
+a term expressive of the dreary sighing of autumnal winds, or any sound
+still more disconsolate and dreary; and therefore, to talk of a "sough
+of glory," is to talk neither more nor less than absolute nonsense.
+
+What can be more unlyrical than this verse?
+
+    "Live, work on, oh, Earthy!
+      By the Actual's tension
+    Sped the arrow worthy
+      Of a pure ascension."
+
+We have said that the lyrical effusions interspersed throughout the
+"Drama of Exile," are very slovenly and defective in point of rhyme.
+What can be worse than "Godhead" and "wooded," "treading" and "Eden,"
+"glories" and "floorwise," "calmly" and "palm-tree," "atoms" and
+"fathoms," "accompted" and "trumpet," and a hundred others? What can be
+worse, do we ask? We answer that there is one species of rhyme which
+Miss Barrett is sometimes, though, we are happy to say, very rarely,
+guilty of, which is infinitely more reprehensible than any of these
+inaccuracies. We allude to the practice of affixing an _r_ to the end of
+certain words, in order to make them rhyme with other words which
+terminate in that letter. Writers who are guilty of this atrocity are
+not merely to be condemned as bad rhymesters: they are to be blamed on
+the far more serious ground that they give the sanction and authority of
+print to one of the vilest vulgarisms which pollutes the oral language
+of certain provincial societies. What makes the practice so offensive in
+literary composition is the fact, that the barbarism is one which may
+sometimes be actually heard falling from living lips. But for this, it
+would be pardonable. We verily believe that Miss Barrett herself does
+not talk of "Laura_r_" and "Matilda_r_;" we verily believe that she
+would consider any one who does so no fit associate for herself in point
+of manners or education:--yet she scruples not to make "Aceldama"(r)
+rhyme to "tamer," and "Onora"(r) rhyme to "o'er her." When we think of
+these things, we turn to the following "stage-direction" with which her
+"Drama of Exile" concludes--"There is a sound through the silence _as of
+the falling tears of an angel_." That angel must have been a distressed
+critic like ourselves.
+
+Next to the "Drama of Exile," the longest poem in the collection is the
+composition entitled "A Vision of Poets." This poem is designed, says
+our authoress, "to indicate the necessary relations of genius to
+suffering and self-sacrifice." It is stamped throughout with the
+thoughtful earnestness of Miss Barrett's character, and is, on the
+whole, a very impressive performance. But it would have been more
+impressive still if it had been composed after less vicious models, or
+if Miss Barrett had trusted more to a style prompted by her own native
+powers, and less to the fantastical modes of phraseology which have been
+introduced into literature by certain inferior artists of this and the
+preceding generation. We cannot read it, however, without appreciating
+the fervour which stirs the soul of the authoress through all its
+depths, when she declares and upholds the sacred mission of the poet,
+and teaches him that he must embrace his destiny with gratitude and
+pride, even though the crown which encircles his living brows be one in
+which the thorns far out-number the laurel leaves. We shall grace our
+pages with a series of portraits, in which Miss Barrett sketches off
+first the true poets and then the pretenders. They certainly contain
+some good points, although many of her touches must be pronounced
+unsuccessful. Let Homer lead the van:--
+
+    "Here, Homer, with the broad suspense
+    Of thunderous brows, and lips intense
+    Of garrulous god-innocence.
+
+    "There, Shakspeare! on whose forehead climb
+    The crowns o' the world! Oh, eyes sublime--
+    With tears and laughters for all time!
+
+    "Here, AEschylus--the women swoon'd
+    _To see so awful_ when he frown'd
+    As the gods did--he standeth crown'd.
+
+    "Euripides, with close and mild
+    Scholastic lips--that could be wild,
+    And laugh or sob out like a child
+
+    "_Right in the classes._ Sophocles,
+    With that king's look which down the trees,
+    Follow'd the dark effigies
+
+    "Of the lost Theban! Hesiod old,
+    Who somewhat blind, and deaf, and cold,
+    Cared most for gods and bulls! and bold
+
+    "Electric Pindar, quick as fear,
+    With race-dust on his checks, and clear,
+    Slant startled eyes that seem to hear
+
+    "The chariot rounding the last goal,
+    To hurtle past it in his soul!
+    And Sappho crown'd with aureole
+
+    "Of ebon curls on calmed brows--
+    O poet-woman! none forgoes
+    The leap, attaining the repose!
+
+    "Theocritus, with glittering locks,
+    Dropt sideway, as betwixt the rocks
+    He watch'd the visionary flocks!
+
+    "And Aristophanes! who took
+    The world with mirth, and laughter-struck
+    The hollow caves of Thought, and woke
+
+    "The infinite echoes hid in each.
+    And Virgil! shade of Mantuan beech
+    Did help the shade of bay to reach
+
+    "And knit around his forehead high!--
+    For his gods wore less majesty
+    Than his brown bees humm'd deathlessly.
+
+    "Lucretius--nobler than his mood!
+    Who dropp'd his plummet down the broad
+    Deep universe, and said 'No God,'
+
+    "Finding no bottom. He denied
+    Divinely the divine, and died
+    Chief poet on the Tiber-side,
+
+    "By grace of God. His face is stern,
+    As one compell'd, in spite of scorn,
+    To teach a truth he could not learn.
+
+    "And Ossian, dimly seen or guess'd!
+    Once counted greater than the rest,
+    When mountain-winds blew out his vest.
+
+    "And Spenser droop'd his dreaming head
+    (With languid sleep-smile you had said
+    From his own verse engendered)
+
+    "On Ariosto's, till they ran
+    Their locks in one!--The Italian
+    Shot nimbler heat of bolder man
+
+    "From his fine lids. And Dante stern
+    And sweet, whose spirit was an urn
+    For wine and milk pour'd out in turn.
+
+    "And Goethe--with that reaching eye
+    His soul reach'd out from far and high,
+    _And fell from inner entity_.
+
+    "And Schiller, with heroic front
+    Worthy of Plutarch's kiss upon't--
+    Too large for wreath of modern wont.
+
+    "Here Milton's eyes strike piercing-dim!
+    The shapes of suns and stars did swim
+    Like clouds on them, and granted him
+
+    "God for sole vision! Cowley, there,
+    Whose active fancy debonaire
+    Drew straws like amber--foul to fair.
+
+    "And Burns, with pungent passionings
+    Set in his eyes. Deep lyric springs
+    Are of the fire-mount's issuings.
+
+    "And poor, proud Byron--sad as grave
+    And salt as life! forlornly brave,
+    And quivering with the dart he drave.
+
+    "And visionary Coleridge, who
+    Did sweep his thoughts as angels do
+    Their wings, with cadence up the Blue."
+
+"Homer" we are not sure about; we can only hope that there may be people
+whom the picture will please. "Shakspeare" is good. "AEschylus" (Miss
+Barrett's favourite, too,) is treated very scurvily and very
+ungrammatically. What on earth are we to make of the words "the women
+swooned to see so awful" &c.? It is well known that no pregnant woman
+could look AEschylus in the face when the fit of inspiration was on him,
+without having cause to regret her indiscretion. But though delicacy
+might have dictated that this fact should be only barely hinted at,
+surely grammar need not have miscarried in the statement. The syntax of
+the passage will puzzle future commentators as much as some of his own
+corrupt choruses. "Euripides" promises well; but the expression, "Right
+in the classes," throws our intellect completely on its beam-ends; and
+as we cannot right it again, in order to take a second glance at the
+poet of Medea, we must pass on to the next. "Sophocles" will be
+acceptable to scholars. "Hesiod" is excellent. "Cared most for _gods and
+bulls_" is worth any money. "Pindar" and "Sappho" are but so so. The
+picture of "Theocritus" is very beautiful. There is nothing particularly
+felicitous in the sketch of "Aristophanes." How much more graphic is
+what Milton, in one of his prose works, says with respect to the "holy
+Chrysostom's" study of the same. Chrysostom, it seems, was a great
+student of Aristophanes. Some people might have been, and no doubt were,
+scandalized to think that so pious a father of the church should have
+made a bosom companion of so profane and virulent a wit: but says
+Milton, the holy father was quite right in poring over Aristophanes, for
+"_he had the art to cleanse a scurrilous vehemence into the style of a
+rousing sermon_." Put that into verse and it would ring well. We thank
+Miss Barrett for the graphic touch of Virgil's "brown bees," which
+certainly _are_ better than his gods. "Lucretius" is very finely
+painted. "Ossian" looms large through the mist, but walk up to him, and
+the pyramid is but a cairn. "Spenser" and "Ariosto," with their locks
+blended in one, compose a very sweet picture. "Dante" we will not answer
+for. "Goethe" is a perfect enigma. What does the word "fell" mean?
+[Greek: deinos], we suppose--that is, "not to be trifled with." But
+surely it sounds very strange, although it may be true enough, to say
+that this "fellness" is occasioned by "inner entity." But perhaps the
+line has some deeper meaning, which we are unable to fathom. We have
+seen a better picture than that of Goethe in the hour of inspiration,
+when his forehead was like a precipice dim with drifting sleet.
+"Schiller" is well drawn; evidently from Thorwaldsen's gigantic statue
+of the poet. Miss Barrett paints "Milton" in his blindness as seeing all
+things in God. But Mallebranche had already taught that God is the
+"sole vision" of all of us; and therefore, if that theory be correct,
+she has failed to assign to the poet of the Fall any distinctive
+attribute which distinguishes him from other men. "Cowley" is well
+characterized. "Burns" ought to have been better. "Byron" pleases us.
+"Coleridge" has very considerable merit.
+
+As a contrast to the preceding sketches of the true poets, (many of
+which, however, we have omitted, and we may also remark, in parenthesis,
+that none of our living poets are meddled with,) we now pass before the
+eyes of the reader a panorama of _pretenders_. We shall make no remarks
+on the expression of their features, leaving Miss Barrett to brand them
+as they deserve with her just scorn and indignation--
+
+    "One dull'd his eyeballs as they ached,
+    With Homer's forehead--though he lack'd
+    An inch of any! And one rack'd
+
+    "His lower lip with restless tooth--
+    As Pindar's rushing words forsooth
+    Were pent behind it. One, his smooth
+
+    "Pink cheeks, did rumple passionate,
+    Like AEschylus--and tried to prate
+    On trolling tongue, of fate and fate!
+
+    "One set her eyes like Sappho's--or
+    Any light woman's! one forbore
+    Like Dante, or any man as poor
+
+    "In mirth, to let a smile undo
+    His hard shut lips. And one, that drew
+    Sour humours from his mother, blew
+
+    "His sunken cheeks out to the size
+    Of most unnatural jollities,
+    Because Anacreon looked jest-wise.
+
+    "So with the rest.--It was a sight
+    For great world-laughter, as it might
+    For great world-wrath, with equal right.
+
+    "Out came a speaker from that crowd,
+    To speak for all--in sleek and proud
+    Exordial periods, while he bow'd
+
+    "His knee before the angel.--'Thus,
+    O angel! who hast call'd for us,
+    We bring thee service emulous,--
+
+    "'Fit service from sufficient soul--
+    Hand-service, to receive world's dole--
+    Lip-service, in world's ear to roll
+
+    "'Adjusted concords--soft enow
+    To hear the winecups passing through,
+    And not too grave to spoil the show.
+
+    "'Thou, certes, when thou askest more,
+    O sapient angel! leanest o'er
+    The window-sill of metaphor.
+
+    "'To give our hearts up! fie!--That rage
+    Barbaric, antedates the age!
+    It is not done on any stage.
+
+    "'Because your scald or gleeman went
+    With seven or nine-string'd instrument
+    Upon his back--must ours be bent?
+
+    "'We are not pilgrims, by your leave,
+    No, nor yet martyrs! if we grieve,
+    It is to rhyme to ... summer eve.
+
+    "'And if we labour, it shall be
+    As suiteth best with our degree,
+    In after-dinner reverie.'
+
+    "More yet that speaker would have said--
+    Poising between his smiles fair-fed,
+    Each separate phrase till finished:
+
+    "But all the foreheads of those born
+    And dead true poets flash'd with scorn
+    Betwixt the bay leaves round them worn--
+
+    "Ay, jetted such brave fire, that they,
+    The new-come, shrank and paled away,
+    Like leaden ashes when the day
+
+    "Strikes on the hearth! A spirit-blast,
+    A presence known by power, at last
+    Took them up mutely--they had pass'd!"
+
+"Lady Geraldine's Courtship" is a poem of the Tennysonian school. Some
+pith is put forth in the passionate parts of the poem; but it is
+deficient throughout in that finished elegance of style which
+distinguishes the works of the great artist from whom it is imitated.
+Bertram, a peasant-born poet falls in love with the Lady Geraldine, a
+woman of high rank and very extensive possessions. He happens to
+overhear the lady address the following words to a suitor of the same
+rank with herself, and whose overtures she is declining--
+
+    "Yes, your lordship judges rightly. Whom I marry, shall be noble,
+    Ay, and wealthy. I shall never blush to think how he was born."
+
+Upon which, imagining that these words have some special and cutting
+reference to himself, he passes into the presence of the lady, and rates
+her in a strain of very fierce invective, which shows that his blood is
+really up, whatever may be thought of the taste which dictated his
+language, or of the title he had to take to task so severely a lady who
+had never given him any sort of encouragement. In a letter to a friend,
+he thus describes the way in which he went to work--the fourth line is a
+powerful one--
+
+    "Oh, she flutter'd like a tame bird, in among its forest-brothers,
+    Far too strong for it! then drooping, bow'd her face upon her hands--
+    And I spake out wildly, fiercely, brutal truths of her and others!
+    _I, she planted the desert, swathed her, windlike, with my sands._
+
+    "I pluck'd up her social fictions, bloody-rooted, though leaf verdant,--
+    Trod them down with words of shaming,--all the purples and the gold,
+    And the 'landed stakes' and Lordships--all that spirits pure and ardent
+    Are cast out of love and reverence, because chancing not to hold.
+
+    "'For myself I do not argue,' said I, 'though I love you, Madam,
+    But for better souls, that nearer to the height of yours have trod--
+    And this age shows, to my thinking, still more infidels to Adam,
+    Than directly, by profession, simple infidels to God.
+
+    "'Yet, O God' (I said,) 'O grave' (I said,) 'O mother's heart and bosom!
+    With whom first and last are equal, saint and corpse and little child!
+    We are fools to your deductions, in these figments of heart-closing!
+    We are traitors to your causes, in these sympathies defiled!
+
+    "'Learn more reverence, madam, not for rank or wealth--_that_ needs
+        no learning;
+    _That_ comes quickly--quick as sin does! ay, and often works to sin;
+    But for Adam's seed, MAN! Trust me, 'tis a clay above your scorning,
+    With God's image stamp'd upon it, and God's kindling breath within.
+
+    "'What right have you, Madam, gazing in your shining mirror daily,
+    Getting, so, by heart, your beauty, which all others must adore,--
+    While you draw the golden ringlets down your fingers, to vow gaily,...
+    You will wed no man that's only good to God,--and nothing more.'"
+
+In the second stanza, we cannot make out the construction of the words,
+"all that spirits pure and ardent are cast out of love and reverence."
+This vigorous tirade is continued throughout several stanzas. The poor
+lady merely utters the word "Bertram," and the lover is carried to bed
+in a fainting fit when his passion is expended. When he recovers he
+indites the aforesaid letter. After he has dispatched it, the lady
+enters his apartment: oh, blessed and gracious apparition! We quote the
+_denouement_, omitting one or two stanzas--
+
+    Soh! how still the lady standeth! 'tis a dream--a dream of mercies!
+    'Twixt the purple lattice-curtains, how she standeth still and pale!
+    'Tis a vision, sure, of mercies, sent to soften his self-curses--
+    Sent to _sweep_ a patient quiet, o'er the tossing of his wail.
+
+    'Eyes,' he said, 'now throbbing through me! are ye eyes that did undo me?
+    _Shining eyes, like antique jewels set in Parian statue-stone!_
+    Underneath that calm white forehead, are ye ever burning torrid,
+    O'er the desolate sand-desert of my heart and life undone?'
+
+    "Ever, evermore the while in a slow silence she kept smiling,--
+    And approach'd him slowly, slowly, in a gliding measured pace;
+    With her two white hands extended, as if praying one offended,
+    And a look of supplication, gazing earnest in his face.
+
+    "Said he--'Wake me by no gesture,--sound of breath, or stir of vesture;
+    Let the blessed apparition melt not yet _to its divine_!
+    No approaching--hush! no breathing! or my heart must swoon to death in
+    The too utter life thou bringest--O thou dream of Geraldine!'
+
+    "Ever, evermore the while in a slow silence she kept smiling--
+    But the tears ran over lightly from her eyes, and tenderly;
+    'Dost thou, Bertram, truly love me? Is no woman far above me,
+    Found more worthy of thy poet-heart, than such a one as _I_?'
+
+    "Said he--'I would dream so ever, like the flowing of that river,
+    Flowing ever in a shadow, greenly onward to the sea;
+    So, thou vision of all sweetness--princely to a full completeness,--
+    Would my heart and life flow onward--deathward--through this dream of THEE!'
+
+    "Ever, evermore the while in a slow silence she kept smiling,--
+    While the shining tears ran faster down the blushing of her cheeks;
+    Then with both her hands enfolding both of his, she softly told him,
+    'Bertram, if I say I love thee,... 'tis the vision only speaks.'
+
+    "Soften'd, quicken'd to adore her, on his knee he fell before her--
+    And she whisper'd low in triumph--'It shall be as I have sworn!
+    Very rich he is in virtues,--very noble--noble certes;
+    And I shall not blush in knowing, that men call him lowly born!"
+
+With the exception of the line, and the other expressions which we have
+printed in italics, we think that the whole tone of this _finale_ is
+"beautiful exceedingly;" although, if we may express our private
+opinion, we should say that the lover, after his outrageous demeanour,
+was very unworthy of the good fortune that befell him. But, in spite of
+the propitious issue of the poem, we must be permitted (to quote one of
+Miss Barrett's lines in this very lay) to make our "critical deductions
+for the modern writers' fault." Will she, or any one else tell us the
+meaning of the second line in this stanza? Or, will she maintain that it
+has any meaning at all? Lady Geraldine's possessions are described--
+
+    "She has halls and she has castles, and the resonant steam-eagles
+    _Follow far on the directing of her floating dove-like hand_--
+    With a thund'rous vapour trailing, underneath the starry vigils,
+    So to mark upon the blasted heaven, the measure of her land."
+
+We thought that steam-coaches generally followed the directing of no
+hand except the "stoker's;" but _it_ certainly is always much liker a
+raven than a dove. "Eagles and vigils" is not admissible as a rhyme;
+neither is "branch and grange." Miss Barrett says of the Lady Geraldine
+that she had "such a gracious coldness" that her lovers "could not
+_press their futures_ on the present of her courtesy." Is that human
+speech? One other objection and our carpings shall be dumb. Miss
+Barrett, in our opinion, has selected a very bad, dislocated, and
+unmelodious metre for the story of Lady Geraldine's courtship. The poem
+reads very awkwardly in consequence of the rhymes falling together in
+the alternate lines and not in couplets. Will Miss Barrett have the
+goodness to favour the public with the sequel of this poem? We should
+like to know how the match between the peasant's son and the peer's
+daughter was found to answer.
+
+Those among our readers who may have attended principally to the
+selections which we made from these volumes before we animadverted on
+the "Drama of Exile," may perhaps be of opinion that we have treated
+Miss Barrett with undue severity, and have not done justice to the
+vigour and rare originality of her powers; while others, who may have
+attended chiefly to the blemishes of style and execution which we have
+thought it our duty to point out in our later quotations, may possibly
+think that we have ranked her higher than she deserves. We trust that
+those who have carefully perused both the favourable and unfavourable
+extracts, will give us credit for having steered a middle course,
+without either running ourselves aground on the shoals of detraction, or
+oversetting the ship by carrying too much sail in favour of our
+authoress. And although they may have seen that our hand was sometimes
+unsteady at the helm, we trust that it has always been when we felt
+apprehensive that the current of criticism was bearing us too strongly
+towards the former of these perils. If any of our remarks have been over
+harsh, we most gladly qualify them by saying, that, in our humble
+opinion, Miss Barrett's poetical merits infinitely outweigh her defects.
+Her genius is profound, unsullied, and without a flaw. The imperfections
+of her manner are mere superficial blot which a little labour might
+remove. Were the blemishes of her style tenfold more numerous than they
+are, we should still revere this poetess as one of the noblest of her
+sex; for her works have impressed us with the conviction, that powers
+such as she possesses are not merely the gifts or accomplishments of a
+highly intellectual woman; but that they are closely intertwined with
+all that is purest and loveliest in goodness and in truth.
+
+It is plain that Miss Barrett would always write well if she wrote
+simply from her own heart, and without thinking of the compositions of
+any other author--at least let her think of them only in so far as she
+is sure that they embody great thoughts in pure and appropriate
+language, and in forms of construction which will endure the most rigid
+scrutiny of common sense and unperverted taste. If she will but wash her
+hands completely of AEschylus and Milton, and all other poets, either
+great, or whom she takes for such, and come before the public in the
+graces of her own feminine sensibilities, and in the strength of her own
+profound perceptions, her sway over human hearts will be more
+irresistible than ever, and she will have nothing to fear from a
+comparison with the most gifted and illustrious of her sex.
+
+FOOTNOTES:
+
+[31] London. Moxon. 1844.
+
+[32] "_With accents undefiled_;" this is surely a very strange and
+unaccountable interpolation. How was it possible, or conceivable, that
+any accents could be _defiled_, which conveyed the holiest and most
+pathetic injunction that ever came from the lips of a dying mother?
+
+
+
+
+UP STREAM; OR, STEAM-BOAT REMINISCENCES.
+
+
+I had come to New Orleans to be married, and the knot once tied, there
+was little inducement for my wife, myself, or any of our party, to
+remain in that city. Indeed, had we been disposed to linger, an account
+that was given us of the most unwelcome of all visitors, the yellow
+fever, having knocked at the doors of several houses in the Marigny
+suburb, would have been sufficient to drive us away. For my part, I was
+anxious to find myself in my now comfortable home, and to show my new
+acquisition--namely, my wife--to my friends above Baton Rouge, well
+assured that the opinion of all would be in favour of the choice I had
+made. By some eccentric working of that curious machinery called the
+mind, I was more thoughtful than a man is usually supposed to be upon
+his wedding-day; and I received the congratulations of the guests, went
+through the _obligato_ breakfast, and the preparations for departure, in
+a very automatical manner. I took scarcely more note of the nine shots
+that were fired as we went on board the steamer, of the hurrahs shouted
+after us from the quay by a few dozen sailors, or the waving of the
+star-spangled banners that fluttered over the poop and forecastle--of
+all the honour and glory, in short, attending our departure. I was busy
+drawing a comparison between my first and this, my last, voyage to the
+Red River.
+
+It was just nine years and two months since I had first come into
+possession of my "freehold of these United States," as the papers
+specified it. Five thousand dollars had procured me the honour of
+becoming a Louisianian planter; upon the occurrence of which event, I
+was greeted by my friends and acquaintances as the luckiest of men.
+There were two thousand acres, "with due allowance for fences and
+roads," according to the usual formula; and the wood alone, if I might
+believe what was told me, was well worth twenty thousand dollars. For
+the preceding six months, the whole of the western press had been
+praising the Red River territory to the very skies; it was an
+incomparable sugar and cotton ground, full sixteen feet deep of river
+slime--Egypt was a sandy desert compared to it--and as to the climate,
+the zephyrs that disported themselves there were only to be paralleled
+in Eldorado and Arcadia. I, like a ninny as I was, although fully aware
+of the puffing propensities of our newspaper editors, especially when
+their tongues, or rather pens, have been oiled by a few handfuls of
+dollars, fell into the trap, and purchased land in the fever-hole in
+question, where I was assured that a habitable house and two negro huts
+were already built and awaiting me. The improvements alone, the
+land-speculator was ready to take his oath, were worth every cent of two
+thousand dollars. In short, I concluded my blind bargain, and in the
+month of June, prepared to start to visit my estate. I was at New
+Orleans, which city was just then held fast in the gripe of its annual
+scourge and visitor, the yellow fever. I was in a manner left alone; all
+my friends had gone up or down stream, or across the Pont Chartrain.
+There was nothing to be seen in the whole place but meagre hollow-eyed
+negresses, shirtless and masterless, running about the streets, howling
+like jackals, or crawling in and out of the open doors of the houses. In
+the upper suburb things were at the worst; there, whole streets were
+deserted, the houses empty, the doors and windows knocked in; while the
+foul fever-laden breeze came sighing over from Vera Cruz, and nothing
+was to be heard but the melancholy rattle of the corpse-carts as they
+proceeded slowly through the streets with their load of coffins. It was
+high time to be off, when the yellow fever, the deadly _vomito_, had
+thus made its triumphant entry, and was ruling and ravaging like some
+mighty man of war in a stormed fortress.
+
+I had four negroes with me, including old Sybille, who was at that time
+full sixty-five years of age; Caesar, Tiberius, and Vitellius, were the
+three others. We are fond of giving our horses and negroes these high
+sounding appellations, as a sort of warning, I am inclined to think, to
+those amongst us who sit in high places; for even in our young republic
+there is no lack of would-be Caesars.
+
+The steamers had left off running below Baton Rouge, so I resolved to
+leave my gig at New Orleans, procuring in its stead a sort of dearborn
+or railed cart, in which I packed the whole of my traps, consisting of a
+medley of blankets and axes, barrows and ploughshares, cotton shirts and
+cooking utensils. Upon the top of all this I perched myself; and those
+who had known me only three or four months previously as the gay and
+fashionable Mr Howard, one of the leaders of the _ton_, the deviser and
+proposer of fetes, balls, and gaieties of all kinds, might well have
+laughed, could they have seen me half buried amongst pots and pans,
+bottles and bundles, spades and mattocks, and suchlike useful but homely
+instruments. There was nobody there to laugh, however, or to cry either.
+Tears were then scarce articles in New Orleans; for people had got
+accustomed to death, and their feelings were more or less blunted. But
+even had the yellow fever not been there, I doubt if any one would have
+laughed at me; there is too much sound sense amongst us. Our town
+beauties--ay, the most fashionable and elegant of them--think nothing of
+installing themselves, with their newly wedded husbands, in the
+aforesaid dearborns, and moving off to the far west, leaving behind them
+all the comforts and luxuries among which they have been brought up.
+Whoever travels in our backwoods, will often come across scenes and
+interiors such as the boldest romance writer would never dare to invent.
+Newly married couples, whose childhood and early youth have been spent
+in the enjoyment of all the superfluities of civilization, will buy a
+piece of good land far in the depths of forests and prairies, and found
+a new existence for themselves and their children. One meets with their
+dwellings in abundance--log-houses, consisting for the most part of one
+room and a small kitchen: on the walls of the former the horses' saddles
+and harness, and the husband's working clothes, manufactured often by
+the delicate hands of his lady; in one corner, a harp or a piano; on the
+table, perhaps, a few numbers of the North American or Southern reviews,
+and some Washington or New York papers. A strange mixture of wild and
+civilized life. It is thus that our Johnsons, our Livingstons, and
+Ranselaers, and hundreds, ay, thousands of families, our Jeffersons and
+Washingtons, commenced; and truly it is to be hoped, that the rising
+generation will not despise the custom of their forefathers, or reject
+this healthy means of renovating the blood and vigour of the community.
+
+To return to my own proceedings. I got upon my dearborn, in order to
+leave as soon as possible the pestilential atmosphere of New Orleans;
+and I had just established myself amongst my goods and chattels, when
+Caesar came running up in great exultation, with a new cloak which he had
+been so lucky as to find lying before the door of a deserted house in
+the suburb. I took hold of the infected garment with a pair of tongs,
+and pitched it as far as I was able from the cart, to the great dismay
+of Caesar, who could not understand why I should throw away a thing which
+he assured me was well worth twenty dollars. We set off, and soon got
+out of the town. Not a living creature was to be seen as far as the eye
+could reach along the straight road. On the right hand side, the suburb
+of the Annunciation was enclosed in wooden palisades, upon which
+enormous bills were posted, containing proclamations by the mayor of the
+town, and headed with the word "Infected," in letters that could be read
+half a mile off. These proclamations, however, were unnecessary. New
+Orleans looked more like a churchyard than a city; and we did not meet
+five persons during the whole of our drive along the new canal road.
+
+At the first plantation at which we halted, in order to give the horses
+a feed, gates and doors were all shut in our faces, and the hospitable
+owner of the house warned us to be off. As this warning was conveyed in
+the shape of a couple of rifle-barrels protruded through the jalousies,
+we did not think it advisable to neglect it. The reception was cheerless
+enough; but we came from New Orleans, and could expect no better one.
+Caesar, however, dauntless as his celebrated namesake, jumped over a
+paling, and plucked an armful of Indian corn ears, which he gave to the
+horses; an earthen pan served to fetch them water from the Mississippi,
+and after a short pause we resumed our journey. Five times, I remember,
+we halted, and were received in the same humane and hospitable manner,
+until at last we reached the plantation of my friend Bankes. We had come
+fifty miles under a burning sun, and had passed more than fifty
+plantations, each with its commodious and elegant villa built upon it;
+but we had not yet seen a human face. Here, however, I hoped to find
+shelter and refreshment; but in that hope I was doomed to be
+disappointed.
+
+"From New Orleans?" enquired the voice of my friend through the
+jalousies of his verandah.
+
+"To be sure," answered I.
+
+"Then begone, friend, and be d----d to you!" was the affectionate reply
+of the worthy Mr Bankes, who was, nevertheless, kind enough to cause a
+huge ham and accessories, together with half a dozen well-filled
+bottles, to be placed outside the door--a sort of mute intimation that
+he was happy to see us, so long as we did not cross his threshold. I had
+a hearty laugh at this half-and-half hospitality, eat and drank, wrapped
+myself in a blanket, and slept, with the blue vault for a covering, as
+well or better than the president.
+
+In the morning, before starting, I shouted out a "Thank ye! and be
+d----d to you!" by way of _remerciment_; and then we resumed our march.
+
+At last, upon the third evening, we managed to get our heads under a
+roof at the town of Baton Rouge, in the house of an old French soldier,
+who laughed at the yellow fever as he had formerly done at the Cossacks
+and Mamelukes; and the following morning we started for the Red River,
+in the steamboat Clayborne. By nightfall we reached my domain.
+
+_Santa Virgen!_ exclaims the Spaniard in his extremity of grief and
+perplexity: what I exclaimed, I am sure I do not remember; but I know
+that my hair stood on end, when I beheld, for the first time, the
+so-called improvements on my new property. The habitable and comfortable
+house was a species of pigsty, built out of the rough branches of trees,
+without doors, windows, or roof. There was I to dwell, and that in a
+season when the thermometer was ranging between ninety-five and a
+hundred degrees. The very badness of things, however, stimulated us to
+exertion; we set to work, and in two days had built a couple of very
+decent huts, the only inconvenience of which was, that when it rained
+hard, we were obliged to take refuge under a neighbouring cotton-tree.
+Fortunately, out of the two thousand acres, there really were fifty in a
+state of cultivation, and that helped us. I planted and kept house as
+well as I could: in the daytime I ploughed and sowed; and in the evening
+I mended the harness and the holes in my inexpressibles. With society I
+was little troubled, seeing that my nearest neighbour lived
+five-and-twenty miles off. The first summer passed in this manner; the
+second was a little better; and the third better still--until at last
+the way of life became endurable. There is nothing in the world
+impracticable; and Napoleon never spoke a truer word than when he said,
+"_Impossible!--C'est le mot d'un fou!_"
+
+And then a hunting-party in the savannahs of Louisiana or Arkansas!
+
+There is a something in those endless and gigantic wildernesses which
+seems to elevate the soul, and to give to it, as well as to the body, an
+increase of strength and energy. There reign, in countless multitudes,
+the wild horse and the bison; the wolf, the bear, and the snake; and,
+above all, the trapper, surpassing the very beasts of the desert in
+wildness--not the old trapper described by Cooper, who never saw a
+trapper in his life, but the real trapper, whose adventures and mode of
+existence would furnish the richest materials for scores of romances.
+
+Our American civilization has engendered certain corrupt off-shoots, of
+which the civilization of other countries knows nothing, and which could
+only spring up in a land where liberty is found in its greatest
+development. These trappers are for the most part outcasts, criminals
+who have fled from the chastisement of the law, or else unruly spirits
+to whom even the rational degree of freedom enjoyed in the United States
+has appeared cramping and insufficient. It is perhaps fortunate for the
+States, that they possess the sort of fag-end to their territory
+comprised between the Mississippi and the Rocky Mountains; for much
+mischief might be caused by these violent and restless men, were they
+compelled to remain in the bosom of social life. If, for example, _la
+belle France_ had had such a fag-end or outlet during the various crises
+that she has passed through in the course of the last fifty years, how
+many of her great warriors and equally great tyrants might have lived
+and died trappers! And truly, neither Europe nor mankind in general
+would have been much the worse off, if those instruments of the greatest
+despotism that ever disguised itself under the mask of freedom--the
+Massenas, and Murats, and Davousts, and scores more of suchlike laced
+and decorated gentry--had never been heard of.
+
+One finds these trappers or hunters in all the districts extending from
+the sources of the Columbia and Missouri, to those of the Arkansas and
+Red Rivers, and on the tributary streams of the Mississippi which run
+eastward from the Rocky Mountains. Their whole time is passed in the
+pursuit and destruction of the innumerable wild animals, which for
+hundreds and thousands of years have bred and multiplied in those remote
+steppes and plains. They slay the buffalo for the sake of his hump, and
+of the hide, out of which they make their clothing; the bear to have his
+skin for a bed; the wolf for their amusement; and the beaver for his
+fur. In exchange for the spoils of these animals they get lead and
+powder, flannel shirts and jackets, string for their nets, and whisky to
+keep out the cold. They traverse those endless wastes in bodies several
+hundreds strong, and have often desperate and bloody fights with the
+Indians. For the most part, however, they form themselves into parties
+of eight or ten men, a sort of wild guerillas. These must rather be
+called hunters than trappers; the genuine trapper limiting himself to
+the society of one sworn friend, with whom he remains out for at least a
+year, frequently longer; for it takes a considerable time to become
+acquainted with the haunts of the beaver. If one of the two comrades
+dies, the other remains in possession of the whole of their booty. The
+mode of life that is at first adopted from necessity, or through fear of
+the laws, is after a time adhered to from choice; and few of these men
+would exchange their wild, lawless, unlimited freedom, for the most
+advantageous position that could be offered them in a civilized country.
+They live the whole year through in the steppes, savannahs, prairies,
+and forests of the Arkansas, Missouri, and Oregon territories--districts
+which comprise enormous deserts of sand and rock, and, at the same time,
+the most luxuriant and beautiful plains, teeming with verdure and
+vegetation. Snow and frost, heat and cold, rain and storm, and hardships
+of all kinds, render the limbs of the trapper as hard, and his skin as
+thick, as those of the buffalo that he hunts; the constant necessity in
+which he finds himself of trusting entirely to his bodily strength and
+energy, creates a self-confidence that no peril can shake--a quickness
+of sight, thought, and action, of which man in a civilized state can
+form no conceptions. His hardships are often terrible; and I have seen
+trappers who had endured sufferings, compared to which the fabled
+adventures of Robinson Crusoe are mere child's play, and whose skin had
+converted itself into a sort of leather, impervious to every thing
+except lead and steel. In a moral point of view, these men may be
+considered a psychological curiosity: in the wild state of nature in
+which they live, their mental faculties frequently develop themselves in
+a most extraordinary manner; and in the conversation of some of them may
+be found proofs of a sagacity and largeness of views, of which the
+greatest philosophers of ancient or modern times would have no cause to
+be ashamed.
+
+The daily and hourly dangers incurred by these trappers must, one would
+think, occasionally cause them to turn their thoughts to a Supreme
+Being; but such is not the case. Their rifle is their god--their knife
+their patron saint--their strong right hand their only trust. The
+trapper shuns his fellow-men; and the glance with which he measures the
+stranger whom he encounters on his path, is oftener that of a murderer
+than a friend: the love of gain is as strong with him as it is found to
+be in a civilized state of society, and the meeting of two trappers is
+generally the signal for the death of one of them. He hates his white
+competitor for the much-prized beaver skins far more than he does his
+Indian one: the latter he shoots down as coolly as if he were a wolf or
+a bear; but when he drives his knife into the breast of the former, it
+is with as much devilish joy as if he felt he were ridding mankind of as
+great an evil-doer as himself. The nourishment of the trapper,
+consisting for years together of buffalo's flesh--the strongest food
+that a man can eat--and taken without bread or any other accompaniment,
+doubtless contributes to render him wild and inhuman, and to assimilate
+him in a certain degree to the savage animals by which he is surrounded.
+
+During an excursion that I made with some companions towards the upper
+part of the Red River, we met with several of these trappers; amongst
+others, with one weather-beaten old fellow, whose face and bare neck
+were tanned by sun and exposure to the colour of tortoise-shell. We
+hunted two days in his company, without noticing any thing remarkable
+about the man; he cooked our meals, which consisted usually of a haunch
+of venison or a buffalo's hump, instructed us where to find game, and
+was aware of the approach of the latter even sooner than his huge
+wolf-dog, which never left his side. It was only on the morning of the
+third day, that we discovered something calculated to diminish our
+confidence in our new comrade. This was a number of lines and crosses
+upon the butt of his rifle, which gave us a new and not very favourable
+insight into the man's character. These lines and crosses came after
+certain words rudely scratched with a knife-point, and formed a sort of
+list, of which the following is a copy:--
+
+Buffaloes--no number given, they being probably too numerous.
+
+Bears, nineteen--the number being indicated by nineteen strait strokes.
+
+Wolves, thirteen--marked by oblique strokes.
+
+Red underloppers, four--marked by four crosses.
+
+White underloppers, two--noted by two stars.
+
+Whilst we were examining this curious calendar, and puzzling ourselves
+to make out the meaning of the word "underloppers," I observed a grim
+smile stealing over the features of the old trapper. He said nothing,
+however; drew the buffalo's hump he was cooking from under the hot
+embers, took it out of the piece of hide in which it was wrapped, and
+placed it before us. It was a meal that a king might have envied, and
+the mere smell of it made us forget the rifle butt. We had scarcely
+fallen to, when the old man laid hold of his gun.
+
+"Look ye," said he, with a strange grin. "It's my pocket-book. D'ye
+think it a sin to kill one of them red or white underloppers?"
+
+"Whom do you mean?" asked we.
+
+The man smiled again and rose to depart; his look, however, was alone
+enough to enlighten us as to who the two-legged interlopers were whom he
+had first shot, and then noted on his rifle-butt with as much cool
+indifference as if they had been wild turkeys instead of human beings.
+In a region to which the vengeful arm of the law does not reach, we did
+not feel ourselves called upon or entitled to set ourselves up as
+judges, and we let the man go.
+
+These trappers occasionally, and at long intervals, return for a few
+days or weeks to the haunts of civilization; and this occurs when they
+have collected a sufficient quantity of beaver skins. They then fell a
+hollow tree that stands on the shore of some navigable stream, make it
+water-tight, launch it, load it with their merchandise and their few
+necessaries, and float and row for thousands of miles down the Missouri,
+Arkansas, or Red River, to St Louis, Natchitoches, or Alexandria. They
+may be seen roaming and staring about the streets of these towns, clad
+in their coats of skins, and astonishing strangers by their wild and
+primitive appearance.
+
+       *       *       *       *       *
+
+I was sitting on a sofa in a corner of the ladies' cabin, with Louise by
+my side, and talking over with her these and other recollections of more
+or less interest. The tea hour was long past, and the cabins were
+lighted up. Suddenly we were interrupted in our conversation by a loud
+noise overhead.
+
+"A nigger killed!" sang out somebody upon deck.
+
+"A nigger killed!" repeated two, ten, twenty, and at length a hundred
+voices; and thereupon there was a running and trampling, and hurrying
+and scurrying, an agitation in our big floating inn as if the boilers
+were on the brink of bursting, and giving us a passage into eternity in
+the midst of their scalding contents. Louise started up, and dragging me
+with her, hurried breathless through the two saloons, to the stairs
+leading upon deck.
+
+"Who is killed? Where is the poor negro?"
+
+The answer I got was a horse-laugh from a score of backwoodsmen.
+
+"Much noise about nothing, dear Louise."
+
+And we were on the point of descending the stairs again, when we were
+detained, and our attention riveted, by the picturesque appearance of
+the deck--I should rather say of the persons grouped upon it--seen in
+the red, flickering, and uncertain light of sundry lamps, lanterns, and
+torches. Truly, the night-piece was not bad. In the centre of the
+steamer's deck, at an equal distance from stem and stern, stood a knot
+of fellows of such varied and characteristic appearance as might be
+sought for in vain in any other country than ours. It seemed as if all
+the western states and territories had sent their representatives to our
+steamer. Suckers from Illinois, and Badgers from the lead-mines of
+Missouri--Wolverines from Michigan, and Buckeyes from Ohio--Redhorses
+from old Kentuck, and Hunters from Oregon, stood mingled before us, clad
+in all sorts of fantastical and outlandish attire. One had a
+hunting-shirt of blue and white striped calico, which made its wearer's
+broad back and huge shoulders resemble a walking feather-bed; another
+was remarkable for a brilliant straw-hat--a New Orleans purchase, that
+looked about as well on his bronzed physiognomy as a Chinese roof would
+do on a pigsty. Winebago wampum belts and Cherokee mocassins, jerkins of
+tanned and untanned deer-hide, New York frock-coats, and red and blue
+jackets, composed some of the numerous costumes, of which the mixture
+and contrast were in the highest degree picturesque.
+
+In the middle of this group stood a personage of a very different
+stamp--a most interesting specimen of the genus Yankee, contrasting in a
+striking manner with the rough-hewn sons of Anuk who surrounded him. He
+was a man of some thirty years of age, as dry and tough as leather, of
+grave and pedantic mien, the skin of his forehead twisted into
+innumerable small wrinkles, his lips pressed firmly together, his bright
+reddish-grey eyes apparently fixed, but, in reality, perpetually
+shifting their restless glances from the men by whom he was surrounded,
+to some chests that lay upon the deck before him, and again from the
+chests to the men; his whole lean, bony, angular figure in a position
+that made it difficult to conjecture whether he was going to pray, or to
+sing, or to preach a sermon. In one hand he held a roll of pigtail
+tobacco, in the other some bright-coloured ribands, which he had taken
+from an open chest containing the manifold articles constituting the
+usual stock in trade of a pedlar. Beside this chest were two others, and
+beside those lay a negro, howling frightfully, and rubbing alternately
+his right shoulder and his left foot; but nevertheless, according to all
+appearance, by no means in danger of taking his departure for the other
+world. As the Yankee pedlar raised his hand and signed to the vociferous
+blackamoor to be silent, the face of the former gradually assumed that
+droll, cunning, and yet earnest expression which betrays those double
+distilled Hebrews, when they are planning to get possession, in a
+quasi-legal manner, of the dollars of their fellow-citizens; in a word,
+when they are manoeuvering to exchange their worthless northern wares
+for the sterling coin of the south. Presently his arms began to swing
+about like those of a telegraph; he threw a long and loving glance at
+the two unopened chests, which had apparently slipped down from the top
+of a quantity of merchandise piled upon deck, and fallen on the foot and
+shoulder of the negro; then measuring the latter with a look of
+reproach, he suddenly opened his compressed lips, from which a sharp,
+high-toned, schoolmasterlike voice issued.
+
+"Sambo, Sambo! What have you done? Sambo, Sambo!" he repeated, while his
+voice became more solemn, and he raised his hands and eyes as if
+appealing to heaven for justice. "Sambo, you onlucky nigger, what have
+you been a doin'?"
+
+"A 'sarve,' a wonderful 'sarve!'" screamed the man, pointing to the
+chests with an appearance of the profoundest grief.
+
+"Heaven forgive you, Sambo! but you have endangered, perhaps sp'iled, a
+'sarve,' compared to which all the 'intments and balms of Mecca, Medina,
+and Balsora--of Algiers, Tunis, and Tripoli, or whatever other places
+they may come from, air actilly no better than cart-grease. Ah, Sambo!
+if you were twenty times a nigger, and could be brought twenty times on
+the auction table, you wouldn't fetch enough money to pay for the harm
+you have done!"
+
+"Boe! Boe!" howled the negro by way of parenthesis.
+
+"Ah, Boe! Boe!" screamed the Yankee, "you may well say Boe, Boe! And you
+ain't the only one as may say it, that's sartain. There be ladies and
+gentlemen here, as respectable ladies and gentlemen as can be found any
+where--ay, even to Boston, the cradle of our independence--and they
+might say Boe! Boe! if they knew all. In them two chests are a hundred
+tin boxes and glass phials; and if only twenty of them are damaged,
+there is more injury done than your hide could pay for, if it were
+twenty times as thick and twenty times as vallyable as it is. Your whole
+carcass ain't worth one of the boxes of that precious 'intment. Ah,
+Sambo!"
+
+"Boe! Boe!" howled Sambo in reply.
+
+"What's the palaver about?" growled some of the Badgers and Buckeyes;
+"open the chests, and you'll see what harm's done."
+
+"D'ye ye hear, Sambo?" cried the Yankee with the same immovable
+countenance; "you're to hold yer tongue, the gentlemen say; they're
+tired of yer noise, and no wonder. What's the use of boohooin' away at
+that rate? Helps you nothin'; you desarve what you've got. I'll thank
+you for your long knife, Mister. That'll do. That opens it, cuts in like
+rael steel; better it should be into hard word than soft flesh. There
+they are, then, and not broken; onhurt, without a spot or a crack. Sing
+praises to the Lord! psalms and hymns of rejoicin'--not a phial broke,
+nor a box smashed! Praised be the Lord! I say ag'in. Since they are
+safe, it don't matter if twenty shoulder-blades and ankle-bones are put
+out. Verily the mercy of Heaven shall be made manifest, and that by the
+means of a feeble vessel, Jared Bundle by name. Down with ye,
+Sambo--down with ye, I say!--Your shoulder and your dingy hide shall be
+made whole, and your black bones shall be comforted!"
+
+Not a muscle of the Yankee's face moved; he preserved the grave and
+solemn appearance of a man to whom a sacred trust has been confided, and
+who is fully penetrated with the importance of his mission. Once or
+twice, however, I observed him give a keen but almost imperceptible
+glance around him, as if to observe the effect of his eloquence upon his
+auditors.
+
+"Down with you, Sambo!" he repeated to the negro, who had got himself
+into a sort of sitting posture upon the deck.
+
+"Down, down!" cried the men of Kentucky.
+
+"Down!" those of Missouri and Ohio.
+
+"Be quick about it!" shouted an Illinois sucker.
+
+"Let's see the Yankee's wonderful cure!" exclaimed a hunter from Oregon.
+
+And amidst shouts and exclamations and laughter, poor Sambo was seized
+by half a dozen of their bear's fists, and stretched out upon a heap of
+coffee-bags like a pig that's going to be killed.
+
+"Boe! Boe!" clamoured the negro at the top of his voice.
+
+"Boohoo as much as you like," cried the Yankee in a shrill tone, that
+was heard above all the howlings of the unlucky Sambo. "You'll sing to
+another tune when you see and understand and feel what a Conne'ticut man
+_can_ do. You say Boe, Boe! like a poor benighted crittur as you are,
+but what do you say to that?" cried the pedlar in a triumphant voice, as
+he held close to the negro's nose a piece of linen rag on which he had
+smeared a green greasy substance bearing a strong resemblance to
+paste-blacking in a state of decomposition. Then, taking up the box
+which contained this precious compound, he put it in close proximity to
+the obtuse snout of the blackamoor, who made a grimace as if his
+olfactories were but moderately regaled by the odour emanating from the
+miraculous ointment.
+
+"What d'ye think of that, Sambo? Is that the stuff or not? Will that do,
+think ye? Well, you shall soon see. Gentlemen!" he continued, with all
+the gravity of a legitimate M.D. "Gentlemen! the arms and legs of this
+poor Sambo must be stretched as much as possible, in order that the
+sarve may take its full effect. Will you be good enough to assist me?"
+
+Upon the word, the backwoodsmen caught hold of the negro's limbs, and
+began pulling and tugging at them till the poor devil roared as if they
+had been impaling him.
+
+"Boohoo away!" cried the Yankee. "It's all for your good. If your
+shoulder is put out, the stretchin' will put it in ag'in."
+
+The negro continued his lamentations, as well he might, when every one
+of his joints was cracking under the force applied.
+
+"All no use your callin' out!" screamed the pedlar, as he stuck the
+salved rag upon the ebony hide of the patient. "Better hold yer tongue.
+Ain't you lucky to have met with me at a time when all the doctors in
+the world--the Browns, and Hossacks, and Sillimans--could not have done
+you a cent's worth of good? All their drugs would have had no more
+effect than a ladleful of pea-soup. You ought to be rejoicin' in yer
+luck, instead of screamin' like a wounded catamount. Keep still, will
+you? There, that'll do. Many thanks, gentlemen; I thank you in the name
+of this senseless crittur. That's enough. No cause for complaint, man!"
+continued he, as he stuck a second plaster on the negro's foot. "All
+safe enough when Jared Bundle is there with his Palmyra sarve. You be
+the first as was ever know'd to scream after havin' one smell of that
+precious 'intment. And I tell you what it is, my man, if both your black
+legs had been broken clean off, and were swimmin' down the Mississippi
+half rotten--ay, or if they had just come out of the jaws of an
+alligator, and you were to stick 'em on, and plaster them up with this
+'intment, you may take my word, Jared Bundle's word, that they'd grow to
+your body again--the flesh would become your flesh, and the bone your
+bone, as sure as I am now here." And he looked round at his auditors
+with a world of confidence and veracity depicted upon his countenance.
+
+"There was Aby Sparks to Penobscot--you know, ladies and gentlemen, Aby
+Sparks, the son of Enoch Sparks, who married Peggy Heath. Good family
+the Sparkses--very good family, as you know, ladies and gentlemen.
+Respectable people in a respectable way of business, the general
+line--drugs and cutlery, and hats patent waterproof, bird-seed and
+jewellery, tea and coffee pots, and shoes of the newest fashion. Ladies
+and gentlemen, do you want a good tea or coffee pot? Partiklar jam,
+_they_ are, I reckon. Well, Aby Sparks said to me, 'Jared Bundle,' says
+he, 'leave me a dozen boxes or phials, whichever you like, of your
+Palmyra sarve. Wonderful stuff that!' says he. 'What!' says I, 'leave
+you some of my Palmyra sarve! You're jist right to say it ain't common
+apothecaries' stuff; that it certainly ain't. But what would the ladies
+and gentlemen on the lower Mississippi say, if I left any of it here?
+It's all meant for them,' says I; 'they're my best customers.'"
+
+"Soft sawder! Jared Bundle," grunted a Kentuckian.
+
+"Cart grease and cobbler's wax," said a man of Illinois.
+
+"He's from the north," laughed a third, "where there's more wooden
+clocks than cows and calves."
+
+"Where the grasshoppers break their legs in jumpin' from one potato heap
+to another," interposed a fourth.
+
+"Where the robins starve in harvest time, and the mockin'-bird is too
+hungry to mock," cried a fifth.
+
+"Nothin' in the world like Jared Bundle's 'intment," continued the
+imperturbable Yankee. "Finest thing possible for corns. Ain't genteel to
+talk of such things, ladies and gentlemen; but if any of you have got
+corns, rub 'em just two or three times with the Palmyra sarve, and
+they'll disappear like snow in sunshine. Worth any money against tan and
+freckles. You, miss," cried he to Louise, "you ain't got any freckles,
+but you may very likely git 'em. A plaster on each cheek afore you go to
+bed--git up in the mornin', not a freckle left--all lilies and roses!"
+
+"Hold your impudent tongue!" said I, "or I will plaster you."
+
+"We're in a free country," was the answer; "free to sell and free to
+buy. Gentlemen," continued Mr Bundle, "famous stuff for razor-strops.
+Rub a little on, draw the razor a couple of times over it--shave. Razor
+runs over the face like a steam-carriage along a railroad, you don't
+know how; beard disappears like grass before the sickle, or a regiment
+of Britishers before Yankee rifles. Great vartue in the sarve--uncommon
+vartue! Ma'am!" cried he to a lady who, like ourselves, was looking on
+from a short distance at this farcical scene, "Ma'am!"
+
+I looked round at the lady. "Bless my soul! Mrs Dobleton and the Misses
+Dobleton from Concordia, my neighbours on the Mississippi. Delighted to
+see you, Mrs Dobleton; allow me the honour of introducing my wife to
+you."
+
+Our greetings and compliments were drowned by the piercing voice of the
+indefatigable Yankee.
+
+"Ma'am!" cried he, with a box of ointment in each hand, "Ma'am! the
+finest cure in the world for toothach. If teeth are good, it keeps 'em
+so; if bad, it makes 'em sound and white as ivory. A small bit on the
+point of a knife between the teeth and the gum--acts like a charm. Young
+ladies! a capital remedy for narrow chests."
+
+The skinny Miss Dobletons turned green with vexation.
+
+"Incomparable remedy!" continued Jared; "rub it well in on the part
+affected, and in a short time the most contracted chest becomes as wide
+as that of Mrs Broadbosom to Charleston. Fine thing for lockjaw, ma'am!"
+cried he to a Mrs Bodwell who was standing by, and amongst whose good
+qualities that of silence was not considered to hold a conspicuous
+place; "a famous cure for lockjaw, from whatever cause it may come on.
+There was Miss Trowlop--she had a very handsum' mouth and a considerable
+gift of the gab--was goin' to be married to Mr Shaver, run a hickory
+splinter through her prunella shoe into her foot--jaw locked as fast as
+old Ebenezer Gripeall's iron safe. If she'd a-had my Palmyra sarve she'd
+be still alive, Mrs Shaver, now; 'stead of that, the land-crabs have
+eaten her. Another example, ladies: Sally Brags, Miss Sally Brags to
+Portsmouth. You know Portsmouth, Providence, where the pretty gals grow;
+some folk _do_ say they're prettier to Baltimore--won't say they
+ain't--matter of taste, pure matter of taste; but Miss Sally Brags,
+ladies, had the lockjaw--couldn't say a word; took a box of my Palmyra
+sarve--ladies, two dollars a box by retail--her tongue now goes
+clap-clap-clap like any steam-mill. Famous cure for lockjaw!"
+
+During this unceasing flow of words, the Yankee had found the time to
+drive a capital trade; his merchandise of all kinds was rapidly
+disappearing, and the more the backwoodsmen laughed, the faster flowed
+the dollars into the pedlar's pouch. It was most diverting to observe
+the looks of the purchasers of the Palmyra ointment, as they first
+smelled at it and then shook their heads, as if in doubt whether they
+were not duped.
+
+"Wonderful stuff!" cried the Yankee with imperturbable gravity, and as
+if to reassure them. "And capital coffee-pots," continued he to a
+leather-jerkined Missouri man, who had taken up one of the latter and
+was examining it. "I'll warrant 'em of the best description, and no
+mistake. Wonderful stuff this Palmyra sarve, came direct from Moscow,
+where the Archbishop of Abyssinia had brought it, but, havin' got into
+debt, he was obliged to sell off; and from Moscow, which, as you all
+know, is a great seaport, it passed into the hands of the Grand Duke of
+Teheran or Tombuctoo, who lives somewhere about the Cape of Good Hope.
+From there it came to Boston in the brig Sarah, Captain Larks. I was one
+of the first to go on board, and as soon as I smelled to it, I knew
+directly what time o' day it was--where the wind blew from, as I may
+say. Ladies, here you have the means of preservin' your health and your
+beauty for the longest day you live, and all for two dollars--only two
+dollars a box. In short, ladies and gentlemen," concluded the
+persevering fellow sententiously, "you have my warranty that this sarve
+heals all curable diseases; and if it be true, as the famous Doctor
+Flathead says, that there be only two sorts of maladies--them of which
+people die, and them of which they get well--you must see how important
+it is to have a box of the Palmyra 'intment. Best of all sarves, ladies!
+two dollars a box, ladies!
+
+"Ladies and gentlemen," resumed Mr Bundle after a brief pause, "d'ye
+want any other articles--silks, linen, calicoes, fine spices, nutmegs?
+None of your walnut-wood nutmegs, but ginu_ine_ Boston goods, out of the
+most respectable stores. Ah! ladies and gentlemen, Jared Bundle's tea
+and coffee pots--let me recommend 'em to you. The metal is of a
+particular sort, corrects the oily matter contained in the tea, which
+the doctors say is no better than so much p'ison. Should be sorry for
+you to suppose I was instigated by love of gain--filthy lucre, ladies;
+but think of your vallyable health--your precious health--and buy my
+teapots; two dollars twenty-five cents a-piece. Yes, ma'am," continued
+he, turning to one of the negresses who were crawling, and grinning, and
+gaping around his wares, "beautiful Lyons ribands, and Bengal
+neck-handkerchiefs _di_rect from Calcutta; lovely things them
+handkerchiefs, and the ribands too, partic'lerly the broad ones--quarter
+of a dollar a yard. Four yards did you say, ma'am? Better go the
+_en_tire figur'--take eight, and you'll have twice as much. Now, ladies
+and gentlemen, to return to the teapots"----
+
+"The teapots!" cried several voices a short distance off. "Hurra! Jared
+Bundle's teapots! Look here at the Yankee teapots!"
+
+At the same moment the steward of the steamer made his appearance upon
+the field of Mr Bundle's operations, escorted by half a dozen of the
+backwoodsmen, and stepping into the torchlight, held up the very
+coffee-pot which the shameless Yankee had sold to the leather-jacketed
+man of Missouri. The pot had been filled with boiling water, which was
+now oozing out comfortably and deliberately at every side and corner of
+the vessel. For one moment the spectators stared in mute astonishment;
+but then the discovery of the Yankee's cheatery drew from them a peal of
+laughter which seemed likely to be inextinguishable.
+
+"Jared Bundle! What do you say to that? Jared Bundle's teapots! A hurra
+for Jared Bundle and the Yankee teapots!"
+
+The immovable pedlar was by no means put out of countenance by this
+discovery. While the backwoodsmen were having their laugh out, he took
+hold of the teapot, examined it deliberately on all sides, at front and
+back, inside and out, and then shook his head gravely. When the laughers
+had exhausted their uproariousness, he cleared his throat, and resumed.
+
+"Ah, gentlemen! or rather ladies and gentlemen! in our happy land of
+freedom and enlightenment, the most enlightened country in the world, no
+one, I am sure, will refuse to hear the poor pedlar's explanation of
+this singular circumstance. I know you are all most desirous of havin'
+it explained, and explain it I can and will. I am sorry to say there are
+gentlemen who sell teapots for the southern states which are only meant
+for the northern ones, and others who sell for the north what is meant
+for the south. That's how I've been deceived in these teapots, which
+come from the store of the highly respectable Messrs Knockdown. They are
+for northern consumption, gentlemen, without the smallest doubt, and
+you know that many teapots will support the cold of the north, but are
+worth nothin' when they git into a southern climate. It's oncommon hot,
+you see, down hereaway on the Mississippi, and I reckon that's the
+reason that you southern gentlemen _are_ sich an almighty b'ilin' up
+people, who take a gougin' to your breakfast as we should a mackerel.
+I'm a'most inclined to think, too, that you bile your water a deal too
+hot, which our northern tea and coffee pots ain't used to, and can't
+stand nohow."
+
+"Humbug!" growled a score of backwoodsmen, some of whom began to close
+round the Yankee, as if to make sure of him and his worthless wares.
+
+"Boe! Boe!" howled Sambo, who had been quite forgotten during this
+scene.
+
+"You still here, you black devil!" cried the pedlar, turning fiercely
+round upon the negro. "Am I to be deafened by your cussed croakin'?
+Don't mind him, ladies and gentlemen--pay no attention to him. Who cares
+about a nigger? He only cries out for his amusement. It's all his tricks
+and cunnin'; he'd like to git some more of my sarve on his black hide!
+He won't have any, tho'! Be off with ye, you stinkin' nigger!"
+
+"Stinkin' nigga! Massa Yankee say stinkin' nigga!" yelled Sambo, showing
+all his white teeth in an ecstasy of anger. "Matto stinkin' nigga now,"
+screamed he as he sprang suddenly to his feet, to the infinite delight
+of the backwoodsmen, and began capering and hopping about, and grinning
+like a mad ape. "Matto stinkin' nigga now; one hour 'go him dearie
+Matto, and good Matto, and Massa Yankee promise four picaillee[33] if
+Matto let dam heavy chest wid stinkin' serve fall on him foot and
+shoulder. Boe! Boe! Massa Yankee no good man; bad Massa, Massa Yankee!"
+
+And so it was and turned out to be. The rogue of a Yankee had made a
+sort of bargain with Sambo, and arranged a scheme by which to draw the
+attention of the passengers in a natural manner to the famous Palmyra
+salve. Seldom or never had the risible nerves of the burly backwoodsmen
+on board the Ploughboy steamer, been so enormously tickled as by the
+discovery of this Yankee trick. The laughter was deafening, really
+earsplitting; and was only brought to something like an end by the
+appearance of the captain, who came with a petition from the lady
+passengers, to the effect that the Yankee should not be too hardly dealt
+with for his ingenious attempt to transfer his fellow-citizens' dollars
+into his own pocket. Thereupon Badgers and Buckeyes, Wolverines and
+Redhorses, abated their hilarity; and it was comical to see how these
+rough tenants of the western forests proceeded, with all the gravity of
+backwoods etiquette, to respond to the humanity of the ladies. In the
+first place a deputation was chosen, consisting of two individuals, who
+were charged to assure the ladies of the universal willingness to treat
+the Yankee as tenderly as might be consistent with the nature of his
+transgression; secondly, a commission was appointed for the examination
+of the spurious wares. The articles that had been bought were produced
+one after the other, their quality and value investigated, and then they
+were either condemned and thrown overboard, or their sale was confirmed.
+The tea and coffee pots were almost, without exception, pronounced
+worthless; for although well enough calculated for a long voyage on the
+Mississippi, they could never have been meant to hold boiling
+Mississippi water. The wonderful Palmyra salve proved to be neither more
+nor less than a compound of hog's lard and gunpowder, with the juice of
+tobacco and walnut leaves--a mixture that might perhaps have been useful
+for the destruction of vermin, but the efficacy of which as an antidote
+to freckles and lockjaw was at least problematical. The teapots, the
+ointment, and some spices, amongst which wooden nutmegs cut an important
+figure, were duly consigned to the keeping of the Mississippi kelpies;
+while the dollars that had been paid for them were retransferred from
+the pockets of the Yankee to those of the credulous purchasers. Finally,
+Mr Bundle himself, in consideration of the truly republican stoicism
+with which he witnessed the execution of the judgment pronounced on his
+wares, was invited with much ceremony to regale himself with a
+"go-the-whole-hog-cocktail," an honour which he accepted and replied to
+in a set speech, at the conclusion of which he enquired whether the
+honourable society by whose sentence he had been deprived of the larger
+portion of his merchandise, could not recommend him to a schoolmaster's
+place in one of their respectable settlements. I almost wondered that he
+did not treat us to a Methodist sermon as a preparation for our
+slumbers. He seemed the right man to do it. He exactly answered to the
+description given of the Yankees by Halleck, in his Connecticut:--
+
+    ----"Apostates, who are meddling
+    With merchandise, pounds, shillings, pence, and peddling,
+    Or wandering through southern climates teaching
+    The A, B, C, from Webster's spelling-book;
+    Gallant and godly, making love and preaching,
+    And gaining by what they call hook and crook,
+    And what the moralists call overreaching,
+    A decent living. The Virginians look
+    Upon them with as favourable eyes
+    As Gabriel on the devil in Paradise."
+
+There was a deafening "Hurrah for the honourable Mistress Howard!" as
+the party of backwoodsmen walked off towards the gentlemen's cabin; and
+then things became quieter. I had invited the bears to drink a glass to
+Mrs Howard's health, and had told the steward to put down to my account
+the slings and cocktails they might consume. Mrs Dobleton, whose husband
+is secretary to a temperance society, pulled a wry face or two at what
+she doubtless thought an encouragement to vice; but for my part I have
+no such scruples. It always gives me pleasure to find myself thrown by
+chance among these rough and wild, but upright and energetic sons of the
+wilderness--these pioneers of the west, who pass their lives in
+converting tangled thickets and endless forests into fields and
+pastures, for the benefit of generations yet unborn. Truly, dear Louise,
+a few dollars spent amongst these worthy fellows are not thrown away, if
+they serve to form one, the smallest, link of the chain of good-will and
+good fellowship that does and ought to bind us to our fellow-citizens.
+
+FOOTNOTES:
+
+[33] The Louisianian name for 6-1/4 cent pieces.
+
+
+
+
+WESTMINSTER-HALL AND THE WORKS OF ART,
+
+(_On a Free Admission Day._)
+
+BY B. SIMMONS.
+
+
+    I.
+
+    By slow degrees, like rain-fraught breeze rising in time of dearth,
+    Whispers of Wisdom, far and wide, are muttering o'er the earth;
+    And lo! rough Reason's breath, that wafts strong human health to all,
+    Has blown aside the gates where Pride dozed in her feudal hall.
+
+    II.
+
+    Stout Carter, drop that loutish look, nor hesitate before--
+    Eyeing thy frock and clouted shoes--yon dark enormous door;
+    'Tis ten to one thy trampled sires their ravaged granges gave
+    To spread the Wood from whence was hew'd that oaken architrave.[34]
+
+    III.
+
+    Take now _thy_ turn. We'll on and in, nor need the pealing tromp
+    (Once wont the lordlings thronging here to usher to the pomp)
+    To kindle our dull phantasies for yon triumphal show
+    That lights the roof so high aloof with the whiteness of its glow.
+
+    IV.
+
+    RED WILLIAM, couldst thou heave aside the marble of the tomb,
+    And look abroad from Winchester's song-consecrated gloom,[35]
+    A keener smart than Tyrrel's dart would pierce thy soul to see
+    In thy vast courts the Vileinage and peasants treading free.
+
+    V.
+
+    Oh, righteous retribution! Ye Shades of those who here
+    Stood up in bonds before the slaves of sceptred fraud and fear!
+    Unswerving SOMERS!--MORE!--even thou, dark
+    SOMERSET,[36] who fell
+    In pride of place condignly, yet who loved the Commons well--
+
+    VI.
+
+    And Ye who with undaunted hearts, immortal mitred Few!
+    For Truth's dear sake, the Tyrant foil'd to whom ye still were true--[37]
+    Rejoice! Who knows what scatter'd thoughts of yours were buried seeds,
+    Slow-springing for th' oppress'd and poor, and ripen'd now to deeds?
+
+    VII.
+
+    Ha, ha! 'twould make a death's-head laugh to see how the cross-bones--
+    The black judicial formula devised by bloody thrones--
+    The Axe's edge _this_ way, now _that_, borne before murder'd men,
+    Who died for aiding their true Liege on mountain and in glen,[38]
+
+    VIII.
+
+    Are swept like pois'nous spiders' webs for ever from the scene,
+    Where in their place come crowding now the mighty and the mean;
+    The Peer walks by the Peasant's side,[39] to see if grace and art
+    Can touch a bosom clad in frieze, can brighten Labour's heart.
+
+    IX.
+
+    O! ye who doubt presumptuously that feeling, taste, are given
+    To all for culture, free as flowers, by an impartial heaven,
+    Look through this quiet rabble here--doth it not shame to-day
+    More polish'd mobs to whom we owe our annual squeeze in May?
+
+    X.
+
+    Mark that poor Maiden, to her Sire interpreting the tale
+    There pictured of the Loved and Left,[40] until her cheek grows pale:--
+    Yon crippled Dwarf that sculptured Youth[41] eyeing with glances dim,
+    Wondering will he, in higher worlds, be tall and straight like him;--
+
+    XI.
+
+    How well they group with yonder pale but fire-eyed Artisan,
+    Who just has stopp'd to bid his boys those noble features scan
+    That sadden us for WILKIE! See! he tells them now the story
+    Of that once humble lad, and how he won his marble glory.
+
+    XII.
+
+    Not all alone thou weep'st in stone, poor Lady, o'er thy Chief,[42]
+    That huge-limb'd Porter, spell-struck there, stands sharer in thy grief.
+    Pert Cynic, scorn not his amaze; all savage as he seems,
+    What graceful shapes henceforward may whiten his heart in dreams!
+
+    XIII.
+    A long adieu, dark Years! to you, of war on field and flood,
+    Battle afar, and mimic war at hone to train our blood--
+    The ruffian Ring--the goaded Bull--the Lottery's gates of sin--
+    The _all_ to nurse the outward brute, and starve the soul within!
+
+    XIV.
+
+    Here lives and breathes around us proof that those all-evil times
+    Are fled with their decrepit thoughts, their slaughter, and their crimes;
+    Long stood THIS HALL the type of all could MAN'S grim bonds increase--
+    Henceforth be it his Vestibule to hope, and light, and peace!
+
+                                        _August_, 1844.
+
+FOOTNOTES:
+
+[34] Westminster-Hall, first reared by Rufus, was entirely rebuilt by
+Richard II.
+
+[35] Winchester, many years the residence of Joseph Warton, is so much
+associated with the recollections and noble poetry of his younger
+brother, as to warrant the expression in the text.
+
+[36] The Protector-Duke, beheaded on Tower-Hill in the reign of his
+nephew, Edward VI.--"His attention to the poor during his Protectorship,
+and his opposition to the system of enclosures, had created him many
+friends among the lower classes, who hastened to witness his end, and
+yet flattered themselves with the hope of his reprieve."--LINGARD.
+
+[37] The trial of the seven bishops took place in the hall. Five out of
+their number--worthy of note upon every occasion--(the Archbishop, the
+Bishops of Ely, Bath and Wells, Chichester, and Petersborough,) refused
+the oaths to King William, and were deprived accordingly.
+
+[38] The unfortunate Scottish lords were tried here 1745-6, as Horace
+Walpole abundantly testifies.
+
+[39] More than one noble family, very creditably, have visited the works
+of art on free-admission days.
+
+[40] Maclise's fresco of _The Knight_.
+
+[41] _Youth at a stream_, by J. H. Foley.
+
+[42] Lough's _Mourners_, a group in marble.
+
+
+
+
+LINES ON THE LANDING OF HIS MAJESTY KING LOUIS PHILIPPE, TUESDAY,
+OCTOBER 8, 1844.
+
+BY B. SIMMONS.
+
+
+    I.
+
+    Ho! Wardens of the Coast look forth
+      Upon your Channel seas--
+    The night is melting in the north,
+      There's tumult on the breeze;
+    Now sinking far, now rolling out
+      In proud triumphal swell,
+    That mingled burst of shot and shout
+      Your fathers knew so well,
+    What time to England's inmost plain
+      The beacon-fires proclaim'd
+    That, like descending hurricane,
+    Grim Blake, that Mastiff of the Main,
+    Beside your shores had once again
+      The Flemish lion tamed![43]
+
+    War wakes not now that tumult loud,
+      Ye Wardens of the Coast,
+    Though looming large, through dawn's dim cloud,
+      Like an invading host
+    The Barks of France are bearing down,
+      One crowd of sails, while high
+    Above the misty morning's frown
+      Their streamers light the sky.
+    Up!--greet for once the Tricolor,
+      For once the lilied flag!
+    Forth with gay barge and gilded oar,
+    While fast the volley'd salvoes roar
+    From batteried line, and echoing shore,
+      And gun-engirdled crag!
+
+    Forth--greet with ardent hearts and eyes,
+      The GUEST those galleys bring;
+    In Wisdom's walks the more than Wise--
+      'Mid Kings the more than King!
+    No nobler visitant e'er sought
+      The Mighty's white-cliff'd isle,
+    Where ALFRED ruled, where BACON thought,
+      Where AVON'S waters smile:
+    Hail to the tempest-vexed Man!
+      Hail to the Sovereign-Sage!
+    A wearier pilgrimage who ran
+    Than the immortal Ithacan,
+    Since first his great career began,
+      Ulysses of our age!
+
+    A more than regal welcome give,
+      Ye thousands crowding round;
+    Shout for the once lorn Fugitive,
+      Whose soul no solace found
+    Save in that SELF-RELIANCE--match
+      For adverse worlds, alone--
+    Which cheer'd the Tutor's humble thatch,
+      Nor left him on the throne.
+    The WANDERER MULLER'S sails they furl--
+      The Wave-encounterer, who,
+    When Freedom leagued with Crime to hurl
+    Up earth's foundations, from the whirl
+    Where vortex'd Empires raged, the pearl
+      Of matchless Prudence drew.
+
+    V.
+
+    Shout for the Husband and the Sire,
+      Whose children, train'd to truth,
+    Repaid in feeling, grace, and fire,
+      The lessons taught their youth.
+    Recall his grief when bent above
+      His rose-zoned daughter's clay,
+    Beside whose marble, lifeless, Love,
+      And Art, and Genius lay.[44]
+    And his be homage still more dread,
+      From our mute spirits won,
+    For tears of heart-wrung anguish shed,
+    When with that gray "discrowned head,"
+    On foot he follow'd to the dead
+      His gallant, princely son.
+
+    VI.
+
+    Shout for the Hero and the King
+      In soul serene--alike,
+    If suppliant States the sceptre bring,
+      Or banded traitors strike!
+    Oh, if at times a thrall too strong
+      Round Freedom's form be laid,
+    Where Faction works by wrath and wrong
+      His pardon be display'd.
+    Be his this praise--unspoil'd by power
+      His course benignly ran,
+    A MONARCH, mindful of the hour
+    He felt misfortune's wintry shower,
+    A MAN, from hall to peasant's bower,
+      The common friend of Man.
+
+    VII.
+
+    Again the ramparts' loosen'd load
+      Of thunder rends the air!
+    Peal on--such pomp is fitly show'd--
+      He lands no stranger there.
+    Hear from his lips your language grave
+      In earnest accents fall--
+    The memories of the home ye gave
+      He hastens to recall--
+    'Mid flash of spears and fiery thrill
+      Of trumpets speed him forth,
+    The Master-Mind your Shakspeare still
+    Had loved to draw--that to its will
+    Shapes Fate and Chance with potent skill--
+      The Numa of the North.
+
+    VIII.
+
+    Windsor! henceforth a loftier spell
+      Invests thy storied walls--
+    The Bards of future years shall tell
+      That first within thy halls
+    Imperial TRUTH and MERCY met,
+      And in that hallow'd hour
+    Gave earth the hope that Peace shall yet
+      Be dear to Kings as Power.
+    When France clasp'd England's hand of old
+      There memory marks the wane
+    Of iron times, the bad and bold;[45]
+    Oh, may our SECOND FIELD of GOLD
+    A portent still more fair unfold
+      Of Wisdom's widening reign!
+
+FOOTNOTES:
+
+[43] Almost all Blake's great battles were fought in the Channel. One of
+the most memorable was that off Portsmouth, February 1652.
+
+[44] The Princess Marie of Wurtemberg, the most accomplished child of
+this most accomplished family, and whose beautiful efforts in sculpture
+and painting are well known, died a year after her marriage, January 2,
+1839.
+
+[45] The meeting between Francis and Henry took place June 1520, the
+first great period of civilized progression in Europe--the era of
+Printing--of Columbus--and of the Reformation.
+
+
+
+
+LAMARTINE.
+
+
+It is remarkable, that although England is the country in the world
+which has sent forth the greatest number of ardent and intrepid
+travellers to explore the distant parts of the earth, yet it can by no
+means furnish an array of writers of travels which will bear a
+comparison with those whom France can boast. In skilful navigation,
+daring adventure, and heroic perseverance, indeed, the country of Cook
+and Davis, of Bruce and Park, of Mackenzie and Buckingham, of Burckhardt
+and Byron, of Parry and Franklin, may well claim the pre-eminence of all
+others in the world. An Englishman first circumnavigated the globe; an
+Englishman alone has seen the fountains of the Nile; and, five years
+after the ardent spirit of Columbus had led his fearful crews across the
+Atlantic, Sebastian Cabot discovered the shores of Newfoundland, and
+planted the British standard in the regions destined to be peopled with
+the overflowing multitudes of the Anglo-Saxon race.
+
+But if we come to the literary works which have followed these ardent
+and energetic efforts, and which are destined to perpetuate their memory
+to future times--the interesting discoveries which have so much extended
+our knowledge and enlarged our resources--the contemplation is by no
+means to an inhabitant of these islands equally satisfactory. The
+British traveller is essentially a man of energy and action, but rarely
+of contemplation or eloquence. He is seldom possessed of the scientific
+acquirements requisite to turn to the best account the vast stores of
+new and original information which are placed within his reach. He often
+observes and collects facts; but it is as a practical man, or for
+professional purposes, rather than as a philosopher. The genius of the
+Anglo-Saxon race--bold, sagacious, and enterprising, rather than
+contemplative and scientific--nowhere appears more strongly than in the
+accounts of the numerous and intrepid travellers whom they are
+continually sending forth into every part of the earth. We admire their
+vigour, we are moved by their hardships, we are enriched by their
+discoveries; but if we turn to our libraries for works to convey to
+future ages an adequate and interesting account of these fascinating
+adventures, we shall, in general, experience nothing but disappointment.
+Few of them are written with the practised hand, the graphic eye,
+necessary to convey vivid pictures to future times; and though numerous
+and valuable books of travels, as works of reference, load the shelves
+of our libraries, there are surprisingly few which are fitted, from the
+interest and vivacity of the style in which they are written, to possess
+permanent attractions for mankind.
+
+One great cause of this remarkable peculiarity is without doubt to be
+found in the widely different education of the students in our
+universities, and our practical men. In the former, classical
+attainments are in literature the chief, if not exclusive, objects of
+ambition; and in consequence, the young aspirants for fame who issue
+from these learned retreats, have their minds filled with the charms and
+associations of antiquity, to the almost entire exclusion of objects of
+present interest and importance. The vigorous practical men, again, who
+are propelled by the enterprise and exertions of our commercial towns,
+are sagacious and valuable observers; but they have seldom the
+cultivated minds, pictorial eye, or powers of description, requisite to
+convey vivid or interesting impressions to others. Thus our scholars
+give us little more than treatises on inscriptions, and disquisitions on
+the sites of ancient towns; while the accounts of our practical men are
+chiefly occupied with commercial enquiries, or subjects connected with
+trade and navigation. The cultivated and enlightened traveller, whose
+mind is alike open to the charm of ancient story and the interest of
+modern achievement--who is classical without being pedantic, graphic and
+yet faithful, enthusiastic and yet accurate, discursive and at the same
+time imaginative, is almost unknown amongst us. It will continue to be
+so as long as education in our universities is exclusively devoted to
+Greek and Latin verses or the higher mathematics; and in academies to
+book-keeping and the rule of three; while so broad and sullen a line as
+heretofore is drawn between the studies of our scholars and the pursuits
+of our practical citizens. To travel to good purpose, requires a mind
+stored with much and varied information, in science, statistics,
+geography, literature, history, and poetry. To describe what the
+traveller has seen, requires, in addition to this, the eye of a painter,
+the soul of a poet, and the hand of a practised composer. Probably it
+will be deemed no easy matter to find such a combination in any country
+or in any age; and most certainly the system of education, neither at
+our learned universities nor our commercial academies, is fitted to
+produce it.
+
+It is from inattention to the vast store of _previous_ information
+requisite to make an accomplished traveller, and still more a writer of
+interesting travels, that failures in this branch of literature are so
+glaring and so frequent. In other departments of knowledge, a certain
+degree of information is felt to be requisite before a man can presume
+to write a book. He cannot produce a treatise on mathematics without
+knowing at least Euclid, nor a work on history without having read Hume,
+nor on political economy without having acquired a smattering of Adam
+Smith. But in regard to travels, no previous information is thought to
+be requisite. If the person who sets out on a tour has only money in his
+pocket, and health to get to his journey's end, he is deemed
+sufficiently qualified to come out with his two or three post octavos.
+If he is an Honourable, or known at Almack's, so much the better; that
+will ensure the sale of the first edition. If he can do nothing else, he
+can at least tell the dishes which he got to dinner at the inns, and the
+hotels where comfortable beds are to be found. This valuable
+information, interspersed with a few descriptions of scenes, copied from
+guide-books, and anecdotes picked up at _tables-d'hote_ or on board
+steamboats, constitute the stock in trade of many an adventurer who
+embarks in the speculation of paying by publication the expenses of his
+travels. We have no individuals in view in these remarks; we speak of
+things in general, as they are, or rather have been; for we believe
+these ephemeral travels, like other ephemerals, have had their day, and
+are fast dying out. The market has become so glutted with them that they
+are, in a great many instances, unsaleable.
+
+The classical travellers of England, from Addison to Eustace and Clarke,
+constitute an important and valuable body of writers in this branch of
+literature, infinitely superior to the fashionable tours which rise up
+and disappear like bubbles on the surface of society. It is impossible
+to read these elegant productions without feeling the mind overspread
+with the charm which arises from the exquisite remains and
+heart-stirring associations with which they are filled. But their
+interest is almost exclusively classical; they are invaluable to the
+accomplished scholar, but they speak in an unknown tongue to the great
+mass of men. They see nature only through the medium of antiquity:
+beautiful in their allusion to Greek or Roman remains, eloquent in the
+descriptions of scenes alluded to in the classical writers, they have
+dwelt little on the simple scenes of the unhistoric world. To the great
+moral and social questions which now agitate society, and so strongly
+move the hearts of the great body of men, they are entire strangers.
+Their works are the elegant companions of the scholar or the antiquary,
+not the heart-stirring friends of the cottage or the fireside.
+
+Inferior to Britain in the energy and achievements of the travellers
+whom she has sent forth, and beyond measure beneath her in the amount of
+the addition she has made to geographical science, France is yet greatly
+superior, at least of late years, in the literary and scientific
+attainments of the wanderers whose works have been given to the world.
+Four among these stand pre-eminent, whose works, in very different
+styles, are at the head of European literature in this interesting
+department--Humboldt, Chateaubriand, Michaud, and Lamartine. Their
+styles are so various, and the impression produced by reading them so
+distinct, that it is difficult to believe that they have arisen in the
+same nation and age of the world.
+
+Humboldt is, in many respects, and perhaps upon the whole, at the head
+of the list; and to his profound and varied works we hope to be able to
+devote a future paper. He unites, in a degree that perhaps has never
+before been witnessed, the most various qualities, and which, from the
+opposite characters of mind which they require, are rarely found in
+unison. A profound philosopher, an accurate observer of nature, an
+unwearied statist, he is at the same time an eloquent writer, an
+incomparable describer, and an ardent friend of social improvement.
+Science owes to his indefatigable industry many of her most valuable
+acquisitions; geography, to his intrepid perseverance, many of its most
+important discoveries; the arts, to his poetic eye and fervid eloquence,
+many of their brightest pictures. He unites the austere grandeur of the
+exact sciences to the bewitching charm of the fine arts. It is this very
+combination which prevents his works from being generally popular. The
+riches of his knowledge, the magnitude of his contributions to
+scientific discovery, the fervour of his descriptions of nature,
+alternately awaken our admiration and excite our surprise; but they
+oppress the mind. To be rightly apprehended, they require a reader in
+some degree familiar with all these subjects; and how many of these are
+to be met with? The man who takes an interest in his scientific
+observations will seldom be transported by his pictures of scenery; the
+social observer, who extracts the rich collection of facts which he has
+accumulated regarding the people whom he visited, will be indifferent to
+his geographical discoveries. There are few Humboldts either in the
+reading or thinking world.
+
+Chateaubriand is a traveller of a wholly different character--he lived
+entirely in antiquity. But it is not the antiquity of Greece and Rome
+which has alone fixed his regards, as it has done those of Clarke and
+Eustace--it is the recollections of chivalry, the devout spirit of the
+pilgrim, which chiefly warmed his ardent imagination. He is universally
+allowed by Frenchmen of all parties to be their first writer; and it may
+be conceived what brilliant works an author of such powers, and
+eminently gifted both with the soul of a poet and the eye of a painter,
+must have produced in describing the historic scenes to which his
+pilgrimages extended. He went to Greece and the Holy Land with a mind
+devout rather than enlightened, credulous rather than inquisitive.
+Thirsting for strong emotions, he would be satisfied; teeming with the
+recollections and visions of the past, he traversed the places hallowed
+by his early affections with the fondness of a lover who returns to the
+home of his bliss, of a mature man who revisits the scenes of his
+infancy. He cared not to enquire what was true or what was legendary in
+these time-hallowed traditions; he gladly accepted them as they stood,
+and studiously averted all enquiry into the foundation on which they
+rested. He wandered over the Peloponnesus or Judea with the fond ardour
+of an English scholar who seeks in the Palatine Mount the traces of
+Virgil's enchanting description of the hut of Evander, and rejects as
+sacrilege every attempt to shake his faith.
+
+    "When Science from Creation's face
+      Enchantment's visions draws,
+    What lovely visions yield their place
+      To cold material laws!"
+
+Even in the woods of America, the same ruling passion was evinced. In
+those pathless solitudes, where no human foot had ever trod but that of
+the wandering savage, and the majesty of nature appeared in undisturbed
+repose, his thoughts were still of the Old World. It was on the historic
+lands that his heart was set. A man himself, he dwelt on the scenes
+which had been signalized by the deeds, the sufferings, the glories of
+man.
+
+Michaud's mind is akin to that of Chateaubriand, and yet different in
+many important particulars. The learned and indefatigable historian of
+the Crusades, he has traversed the shores of the Mediterranean--the
+scene, as Dr Johnson observed, of all that can ever interest man--his
+religion, his knowledge, his arts--with the ardent desire to imprint on
+his mind the scenes and images which met the eyes of the holy warriors.
+He seeks to transport us to the days of Godfrey of Bouillon and Raymond
+of Toulouse; he thirsts with the Christian host at Dorislaus, he shares
+in its anxieties at the siege of Antioch, he participates in its
+exultation at the storming of Jerusalem. The scenes visited by the vast
+multitude of warriors who, during two hundred years, were precipitated
+from Europe on Asia, have almost all been visited by him, and described
+with the accuracy of an antiquary and the enthusiasm of a poet. With the
+old chronicles in his hand, he treads with veneration the scenes of
+former generous sacrifice and heroic achievements, and the vast and
+massy structures erected on either side during those terrible
+wars--when, for centuries, Europe strove hand to hand with Asia--most of
+which have undergone very little alteration, enable him to describe them
+almost exactly as they appeared to the holy warriors. The interest of
+his pilgrimage in the East, accordingly, is peculiar, but very great; it
+is not so much a book of travels as a moving chronicle; but, like Sir W.
+Scott's _Minstrelsy of the Borders_, it is a chronicle clothed in a very
+different garb from the homely dress of the olden time. It transports us
+back, not only in time but in idea, six hundred years; but it does so
+with the grace of modern times--it clothes the profound feelings, the
+generous sacrifices, the forgetfulness of self of the twelfth century,
+with the poetic mind, the cultivated taste, the refined imagery of the
+nineteenth.
+
+Lamartine has traversed the same scenes with Chateaubriand and Michaud,
+and yet he has done so in a different spirit; and the character of his
+work is essentially different from either. He has not the devout
+credulity of the first, nor the antiquarian zeal and knowledge of the
+last; but he is superior to either in the description of nature, and the
+painting vivid and interesting scenes on the mind of the reader. His
+work is a moving panorama, in which the historic scenes and azure skies,
+and placid seas and glowing sunsets, of the East, are portrayed in all
+their native brilliancy, and in richer even than their native colours.
+His mind is stored with the associations and the ideas of antiquity, and
+he has thrown over his descriptions of the scenes of Greece or Holy
+Writ, all the charms of such recollections; but he has done so in a more
+general and catholic spirit than either of his predecessors. He embarked
+for the Holy Land shortly before the Revolution of 1830; and his
+thoughts, amidst all the associations of antiquity, constantly reverted
+to the land of his fathers--its distractions, its woes, its ceaseless
+turmoil, its gloomy social prospects. Thus, with all his vivid
+imagination and unrivaled powers of description, the turn of his mind is
+essentially contemplative. He looks on the past as an emblem of the
+present; he sees, in the fall of Tyre and Athens and Jerusalem, the fate
+which one day awaits his own country; and mourns less the decay of human
+things, than the popular passions and national sins which have brought
+that instability in close proximity to his own times. This sensitive and
+foreboding disposition was much increased by the death of his
+daughter--a charming child of fourteen, the companion of his wanderings,
+the depositary of his thoughts, the darling of his affections--who was
+snatched away in the spring of life, when in health and joy, by one of
+the malignant fevers incident to the pestilential plains of the East.
+
+Though Lamartine's travels are continuous, he does not, like most other
+wanderers, furnish us with a journal of every day's proceedings. He was
+too well aware that many, perhaps most, days on a journey are monotonous
+or uninteresting; and that many of the details of a traveller's progress
+are wholly unworthy of being recorded, because they are neither amusing,
+elevating, nor instructive. He paints, now and then, with all the force
+of his magical pencil, the more brilliant or characteristic scenes which
+he visited, and intersperses them with reflections, moral and social;
+such as would naturally be aroused in a sensitive mind by the sight of
+the rains of ancient, and the contemplation of the decay of modern
+times.
+
+He embarked at Marseilles, with Madame Lamartine and his little daughter
+Julia, on the 10th July 1830. The following is the picture of the
+yearnings of his mind on leaving his native land; and they convey a
+faithful image of his intellectual temperament:--
+
+     "I feel it deeply: I am one only of those men, without a
+     distinctive character, of a transitory and fading epoch, whose
+     sighs have found an echo--only because the echo was more
+     poetical than the poet. I belong to another age by my desires:
+     I feel in myself another man: the immense and boundless horizon
+     of philosophy, at once profound, religious, and poetical, has
+     opened to my view, but the punishment of a wasted youth
+     overtook me; it soon faded from my sight. Adieu, then, to the
+     dreams of genius, to the aspirations of intellectual enjoyment!
+     It is too late: I have not physical strength to accomplish any
+     thing great. I will sketch some scenes--I will murmur some
+     strains, and that is all. Yet if God would grant my prayers,
+     here is the object for which I would petition--a poem, such as
+     my heart desires, and his greatness deserves!--a faithful,
+     breathing image of his creation: of the boundless world,
+     visible and invisible! That would indeed be a worthy
+     inheritance to leave to an era of darkness, of doubt, and of
+     sadness!--an inheritance which would nourish the present age,
+     and cause the next to spring with renovated youth."--(_Voyages
+     en Orient_, I. 49-60.[46])
+
+One of his first nocturnal reveries at sea, portrays the tender and
+profoundly religious impressions of his mind:--
+
+     "I walked for an hour on the deck of the vessel alone, and
+     immersed alternately in sad or consoling reflections. I
+     repeated in my heart all the prayers which I learned in infancy
+     from my mother: the verses, the fragments of the Psalms, which
+     I had so often heard her repeat to herself, when walking in the
+     evening in the garden of Melly. I experienced a melancholy
+     pleasure in thus scattering them, in my turn, to the waves, to
+     the winds, to that Ear which is ever open to every real
+     movement of the heart, though not yet uttered by the lips. The
+     prayer which we have heard repeated by one we have loved, and
+     who is no more, is doubly sacred. Who among us would not prefer
+     a few words of prayer taught us by our mother, to the most
+     eloquent supplication composed by ourselves? Thence it is that
+     whatever religious creed we may adopt at the age of reason, the
+     Christian prayer will be ever the prayer of the human race. I
+     prayed, in the prayer of the church for the evening at sea;
+     also for that dear being, who never thought of danger to
+     accompany her husband, and that lovely child, who played at the
+     moment on the poop with the goat which was to give it milk on
+     board, and with the little kids which licked her snow-white
+     hands, and sported with her long and fair ringlets."--(I. 57.)
+
+A night-scene on the coast of Provence gives a specimen of his
+descriptive powers.
+
+     "It was night--that is, what they call night in those climates;
+     but how many days have I seen less brilliant on the banks of
+     the Thames, the Seine, the Saone, or the Lake of Geneva! A full
+     noon shone in the firmament, and cast into the shade our
+     vessel, which lay motionless on the water at a little distance
+     from the quay. The moon, in her progress through the heavens,
+     had left a path marked as if with red sand, with which she had
+     besprinkled the half of the sky: the remainder was clear deep
+     blue, which melted into white as she advanced. On the horizon,
+     at the distance of two miles, between two little isles, of
+     which the one had headlands pointed and coloured like the
+     Coliseum at Rome, while the other was violet like the flower of
+     the lilac, the image of a vast city appeared on the sea. It was
+     an illusion, doubtless; but it had all the appearance of
+     reality. You saw clearly the domes glancing--dazzling lines of
+     palaces--quays flooded by a soft and serene light; on the right
+     and the left the waves were seen to sparkle and enclose it on
+     either side: it was Venice or Malta reposing in the midst of
+     the waters. The illusion was produced by the reflection of the
+     moon, when her rays fell perpendicularly on the waters; nearer
+     the eye, the radiance spread and expanded in a stream of gold
+     and silver between two shores of azure. On the left, the gulf
+     extended to the summit of a long and obscure range of serrated
+     mountains; on the right opened a narrow and deep valley, where
+     a fountain gushed forth beneath the shade of aged trees;
+     behind, rose a hill, clothed to the top with olives, which in
+     the night appeared dark, from its summit to its base--a line of
+     Gothic towers and white houses broke the obscurity of the wood,
+     and drew the thoughts to the abodes, the joys, and the
+     sufferings of man. Further off, in the extremity of the gulf,
+     three enormous rocks rose, like pillars without base, from the
+     surface of the waters--their forms were fantastic, their
+     surface polished like flints by the action of the waves; but
+     those flints were mountains--the remains, doubtless, of that
+     primeval ocean which once overspread the earth, and of which
+     our seas are but a feeble image."--(II. 66.)
+
+A rocky bay on the same romantic coast, now rendered accessible to
+travellers by the magnificent road of the Corniche, projected, and in
+part executed by Napoleon, furnishes another subject for this exquisite
+pencil:--
+
+     "A mile to the eastward on the coast, the mountains, which
+     there dip into the sea, are broken as if by the strokes of
+     enormous clubs--huge fragments have fallen, and are strewed in
+     wild confusion at the foot of the cliffs, or amidst the blue
+     and green waves of the sea, which incessantly laves them. The
+     waves break on these huge masses without intermission, with a
+     hollow and alternating roar, or rise up in sheets of foam,
+     which besprinkle their hoary fronts. These masses of
+     mountains--for they are too large to be called rocks--are piled
+     and heaped together in such numbers, that they form an
+     innumerable number of narrow havens, of profound caverns, of
+     sounding grottoes, of gloomy fissures--of which the children of
+     some of the neighbouring fishermen alone know the windings and
+     the issues. One of these caverns, into which you enter by a
+     natural arch, the summit of which is formed by an enormous
+     block of granite, lets in the sea, through which it flows into
+     a dark and narrow valley, which the waters fill entirely, with
+     a surface as limpid and smooth as the firmament which they
+     reflect. The sea preserves in this sequestered nook that
+     beautiful tint of bright green, of which marine painters so
+     strongly feel the value, but which they can never transfer
+     exactly to their canvass; for the eye sees much which the hand
+     strives in vain to imitate.
+
+     "On the two sides of that marine valley rise two prodigious
+     walls of perpendicular rock, of an uniform and sombre hue,
+     similar to that of iron ore, after it has issued and cooled
+     from the furnace. Not a plant, not a moss can find a slope or a
+     crevice wherein to insert its roots, or cover the rocks with
+     those waving garlands which so often in Savoy clothe the
+     cliffs, where they flower to God alone. Black, naked,
+     perpendicular, repelling the eye by their awful aspect--they
+     seem to have been placed there for no other purpose but to
+     protect from the sea-breezes the hills of olives and vines,
+     which bloom under their shelter; an image of those ruling men
+     in a stormy epoch, who seem placed by Providence to bear the
+     fury of all the tempests of passion and of time, to screen the
+     weaker but happier race of mortals. At the bottom of the bay
+     the sea expands a little, assumes a bluer tint as it comes to
+     reflect more of the cloudless heavens, and at length its tiny
+     waves die away on a bed of violets, as closely netted together
+     as the sand upon the shore. If you disembark from the boat, you
+     find in the cleft of a neighbouring ravine a fountain of living
+     water, which gushes beneath a narrow path formed by the goats,
+     which leads up from this sequestered solitude, amidst
+     overshadowing fig-trees and oleanders, to the cultivated abodes
+     of man. Few scenes struck me so much in my long wanderings. Its
+     charm consists in that exquisite union of force and grace,
+     which forms the perfection of natural beauty as of the highest
+     class of intellectual beings; it is that mysterious hymen of
+     the land and the sea, surprised, as it were, in their most
+     secret and hidden union. It is the image of perfect calm and
+     inaccessible solitude, close to the theatre of tumultuous
+     tempests, where their near roar is heard with such terror,
+     where their foaming but lessened waves yet break upon the
+     shore. It is one of those numerous _chefs-d'oeuvre_ of
+     creation which God has scattered over the earth, as if to sport
+     with contrasts, but which he conceals so frequently on the
+     summit of naked rocks, in the depth of inaccessible ravines, on
+     the unapproachable shores of the ocean, like jewels which he
+     unveils rarely, and that only to simple beings, to children, to
+     shepherds or fishermen, or the devout worshippers of
+     nature."--(I. 73--74.)
+
+This style of description of scenery is peculiar to this age, and in it
+Lamartine may safely be pronounced without a rival in the whole range of
+literature. It was with Scott and Chateaubriand that the _graphic_
+style of description arose in England and France; but he has pushed the
+art further than either of his great predecessors. Milton and Thompson
+had long ago indeed, in poetry, painted nature in the most enchanting,
+as well as the truest colours; but in prose little was to be found
+except a general and vague description of a class of objects, as lakes,
+mountains, and rivers, without any specification of features and
+details, so as to convey a definite and distinct impression to the mind
+of the reader. Even the classical mind and refined taste of Addison
+could not attain this graphic style; his descriptions of scenery, like
+that of all prose writers down to the close of the eighteenth century,
+are lost in vague generalities. Like almost all descriptions of battles
+in modern times, they are so like each other that you cannot distinguish
+one from the other. Scott and Chateaubriand, when they did apply their
+great powers to the delineation of nature, were incomparably faithful,
+as well as powerfully imaginative; but such descriptions were, for the
+most part, but a secondary object with them. The human heart was their
+great study; the vicissitudes of life the inexhaustible theme of their
+genius. With Lamartine, again, the description of nature is the primary
+object. It is to convey a vivid impression of the scenes he has visited
+that he has written; to kindle in his reader's mind the train of emotion
+and association which their contemplation awakened in his own, that he
+has exerted all his powers. He is much more laboured and minute, in
+consequence, than either of his predecessors; he records the tints, the
+forms, the lights, the transient effects, with all a painter's
+enthusiasm and all a poet's power; and succeeds, in any mind at all
+familiar with the objects of nature, in conjuring up images as vivid,
+sometimes perhaps more beautiful, than the originals which he portrayed.
+
+From the greatness of his powers, however, in this respect, and the
+facility with which he commits to paper the whole features of the
+splendid phantasmagoria with which his memory is stored, arises the
+principal defect of his work; and the circumstance which has hitherto
+prevented it, in this country at least, from acquiring general
+popularity commensurate to its transcendent merits. He is too rich in
+glowing images; his descriptions are redundant in number and beauty. The
+mind even of the most imaginative reader is fatigued by the constant
+drain upon its admiration--the fancy is exhausted in the perpetual
+effort to conceive the scenes which he portrays to the eye. Images of
+beauty enough are to be found in his four volumes of _Travels in the
+East_, to emblazon, with the brightest colours of the rainbow, forty
+volumes of ordinary adventure. We long for some repose amidst the
+constant repetition of dazzling objects; monotony, insipidity, ordinary
+life, even dulness itself, would often be a relief amidst the ceaseless
+flow of rousing images. Sir Walter Scott says, in one of his novels--"Be
+assured that whenever I am particularly dull, it is not without an
+object;" and Lamartine would sometimes be the better of following the
+advice. We generally close one of his volumes with the feeling so well
+known to travellers in the Italian cities, "I hope to God there is
+nothing more to be seen here." And having given the necessary respite of
+unexciting disquisition to rest our readers' minds, we shall again bring
+forward one of his glowing pictures:--
+
+     "Between the sea and the last heights of Lebanon, which sink
+     rapidly almost to the water's edge, extends a plain eight
+     leagues in length by one or two broad; sandy, bare, covered
+     only with thorny arbutus, browsed by the camels of caravans.
+     From it darts out into the sea an advanced peninsula, linked to
+     the continent only by a narrow _chaussee_ of shining sand,
+     borne hither by the winds of Egypt. Tyre, now called Sour by
+     the Arabs, is situated at the extremity of this peninsula, and
+     seems, at a distance, to rise out of the waves. The modern
+     town, at first sight, has a gay and smiling appearance; but a
+     nearer approach dispels the illusion, and exhibits only a few
+     hundred crumbling and half-deserted houses, where the Arabs, in
+     the evening, assemble to shelter their flocks which have
+     browsed in the narrow plain. Such is all that now remains of
+     the mighty Tyre. It has neither a harbour to the sea, nor a
+     road to the land; the prophecies have long been accomplished in
+     regard to it.
+
+     "We moved on in silence, buried in the contemplation of the
+     dust of an empire which we trod. We followed a path in the
+     middle of the plain of Tyre, between the town and the hills of
+     grey and naked rock which Lebanon has thrown down towards the
+     sea. We arrived abreast of the city, and touched a mound of
+     sand which appears the sole remaining rampart to prevent it
+     from being overwhelmed by the waves of the ocean or the desert.
+     I thought of the prophecies, and called to mind some of the
+     eloquent denunciations of Ezekiel. As I was making these
+     reflections, some objects, black, gigantic, and motionless,
+     appeared upon the summit of one of the overhanging cliffs of
+     Lebanon, which there advanced far into the plain. They
+     resembled five black statues, placed on a rock as their huge
+     pedestal. At first we thought it was five Bedouins, who were
+     there stationed to fire upon us from their inaccessible
+     heights; but when we were at the distance of fifty yards, we
+     beheld one of them open its enormous wings, and flap them
+     against its sides with a sound like the unfurling of a sail. We
+     then perceived that they were five eagles of the largest
+     species I have ever seen, either in the Alps or our museums.
+     They made no attempt to move when we approached; they seemed to
+     regard themselves as kings of the desert, looked on Tyre as an
+     appanage which belonged to them, and whither they were about to
+     return. Nothing more supernatural ever met my eyes; I could
+     almost suppose that behind them I saw the terrible figure of
+     Ezekiel, the poet of vengeance, pointing to the devoted city
+     which the divine wrath had overwhelmed with destruction. The
+     discharge of a few muskets made them rise from their rock: but
+     they showed no disposition to move from their ominous perch,
+     and, soon returning, floated over our heads, regardless of the
+     shots fired at them, as if the eagles of God were beyond the
+     reach of human injury."--(II. 8-9.)
+
+Jerusalem was a subject to awaken all our author's enthusiasm, and call
+forth all his descriptive powers. The first approach to it has exercised
+the talents of many writers in prose and verse; but none has drawn it in
+such graphic and brilliant colours as our author:--
+
+     "We ascended a mountain ridge, strewed over with enormous grey
+     rocks, piled one on another as if by human hands. Here and
+     there a few stunted vines, yellow with the colour of autumn,
+     crept along the soil in a few places cleared out in the
+     wilderness. Fig-trees, with their tops withered or shivered by
+     the blasts, often edged the vines, and cast their black fruit
+     on the grey rock. On our right, the desert of St John, where
+     formerly 'the voice was heard crying in the wilderness,' sank
+     like an abyss in the midst of five or six black mountains,
+     through the openings of which, the sea of Egypt, overspread
+     with a dark cloud, could still be discerned. On the left, and
+     near the eye, was an old tower, placed on the top of a
+     projecting eminence; other ruins, apparently of an ancient
+     aqueduct, descended from that tower, overgrown with verdure,
+     now in the sear leaf; that tower is Modin, the stronghold and
+     tomb of the last heroes of sacred story, the Maccabees. We left
+     behind us the ruins, resplendent with the first rays of the
+     morning--rays, not blended as in Europe in a confused and vague
+     illumination, but darting like arrows of fire tinted with
+     various colours, issuing from a dazzling centre, and diverging
+     over the whole heavens as they expand. Some were of blue,
+     slightly silvered, others of pure white, some of tender
+     rose-hue, melting into grey; many of burning fire, like the
+     coruscations of a flaming conflagration. All were distinct, yet
+     all united in one harmonious whole, forming a resplendent arch
+     in the heavens, encircling, and issuing from a centre of fire.
+     In proportion as the day advanced, the brilliant light of these
+     separate rays was gradually dimmed--or rather, they were
+     blended together, and composed the colourless light of day.
+     Then the moon, which still shone overhead, 'paled her
+     ineffectual fire,' and melted away in the general illumination
+     of the heavens.
+
+     "After having ascended a second ridge, more lofty and naked
+     than the former, the horizon suddenly opens to the right, and
+     presents a view of all the country which extends between the
+     last summits of Judea and the mountains of Arabia. It was
+     already flooded with the increasing light of the morning; but
+     beyond the piles of grey rock which lay in the foreground,
+     nothing was distinctly visible but a dazzling space, like a
+     vast sea, interspersed with a few islands of shade, which stood
+     forth in the brilliant surface. On the shores of that imaginary
+     ocean, a little to the left, and about a league distant, the
+     sun shone with uncommon brilliancy on a massy tower, a lofty
+     minaret, and some edifices, which crowned the summit of a low
+     hill of which you could not see the bottom. Soon the points of
+     other minarets, a few loopholed walls, and the dark summits of
+     several domes, which successively came into view, and fringed
+     the descending slope of the hill, announced a city. It was
+     JERUSALEM, and every one of the party, without addressing a
+     word to the guides or to each other, enjoyed in silence the
+     entrancing spectacle. We rested our horses to contemplate that
+     mysterious and dazzling apparition; but when we moved on, it
+     was soon snatched from our view; for as we descended the hill,
+     and plunged into the deep and profound valley which lay at its
+     feet, we lost sight of the holy city, and were surrounded only
+     by the solitude and desolation of the desert."--(II. 163-165.)
+
+The environs of Jerusalem are described with equal force by the same
+master-hand:--
+
+     "The general aspect of the environs of Jerusalem may be
+     described in a few words. Mountains without shade, and valleys
+     without water--the earth without verdure, rocks without
+     grandeur. Here and there a few blocks of grey stone start up
+     out of the dry and fissured earth, between which, beneath the
+     shade of an old fig-tree, a gazelle or a hyaena are occasionally
+     seen to emerge from the fissures of the rock. A few plants or
+     vines creep over the surface of that grey and parched soil; in
+     the distance, is occasionally seen a grove of olive-trees,
+     casting a shade over the arid side of the mountain--the
+     mouldering walls and towers of the city appearing from afar on
+     the summit of Mount Sion. Such is the general character of the
+     country. The sky is ever pure, bright, and cloudless; never
+     does even the slightest film of mist obscure the purple tint of
+     evening and morning. On the side of Arabia, a wide gulf opens
+     amidst the black ridges, and presents a vista of the shining
+     surface of the Dead Sea, and the violet summits of the
+     mountains of Moab. Rarely is a breath of air heard to murmur,
+     in the fissures of the rocks, or among the branches of the aged
+     olives; not a bird sings, nor an insect chirps in the waterless
+     furrows. Silence reigns universally, in the city, in the roads,
+     in the fields. Such was Jerusalem during all the time that we
+     spent within its walls. Not a sound ever met our ears, but the
+     neighing of the horses, who grew impatient under the burning
+     rays of the sun, or who furrowed the earth with their feet, as
+     they stood picketed round our camp, mingled occasionally with
+     the crying of the hour from the minarets, or the mournful
+     cadences of the Turks as they accompanied the dead to their
+     cemeteries. Jerusalem, to which the world hastens to visit a
+     sepulchre, is itself a vast tomb of a people; but it is a tomb
+     without cypresses, without inscriptions, without monuments, of
+     which they have broken the gravestones, and the ashes of which
+     appear to cover the earth which surrounds it with mourning,
+     silence, and sterility. We cast our eyes back frequently from
+     the top of every hill which we passed on this mournful and
+     desolate region, and at length we saw for the last time, the
+     crown of olives which surmounts the Mount of the same name, and
+     which long rises above the horizon after you have lost sight of
+     the town itself. At length it also sank beneath the rocky
+     screen, and disappeared like the chaplets of flowers which we
+     throw on a sepulchre."--(II. 275-276.)
+
+From Jerusalem he made an expedition to Balbec in the desert, which
+produced the same impression upon him that it does upon all other
+travellers:--
+
+     "We rose with the sun, the first rays of which struck on the
+     temples of Balbec, and gave to those mysterious ruins that
+     _eclat_ which his brilliant light throws ever over ruins which
+     it illuminates. Soon we arrived, on the northern side, at the
+     foot of the gigantic walls which surround those beautiful
+     remains. A clear stream, flowing over a bed of granite,
+     murmured around the enormous blocks of stone, fallen from the
+     top of the wall which obstructed its course. Beautiful
+     sculptures were half concealed in the limpid stream. We passed
+     the rivulet by an arch formed by these fallen remains, and
+     mounting a narrow breach, were soon lost in admiration of the
+     scene which surrounded us. At every step a fresh exclamation of
+     surprise broke from our lips. Every one of the stones of which
+     that wall was composed was from eight to ten feet in length, by
+     five or six in breadth, and as much in height. They rest,
+     without cement, one upon the other, and almost all bear the
+     mark of Indian or Egyptian sculpture. At a single glance, you
+     see that these enormous stones are not placed in their original
+     site--that they are the precious remains of temples of still
+     more remote antiquity, which were made use of to encircle this
+     colony of Grecian and Roman citizens.
+
+     "When we reached the summit of the breach, our eyes knew not to
+     what object first to turn. On all sides were gates of marble of
+     prodigious height and magnitude; windows, or niches, fringed
+     with the richest friezes; fallen pieces of cornices, of
+     entablatures, or capitals, thick as the dust beneath our feet;
+     magnificent vaulted roofs above our heads; every where a chaos
+     of confused beauty, the remains of which lay scattered about,
+     or piled on each other in endless variety. So prodigious was
+     the accumulation of architectural remains, that it defies all
+     attempt at classification, or conjecture of the kind of
+     buildings to which the greater part of them had belonged. After
+     passing through this scene of ruined magnificence, we reached
+     an inner wall, which we also ascended; and from its summit the
+     view of the interior was yet more splendid. Of much greater
+     extent, far more richly decorated than the outer circle, it
+     presented an immense platform in the form of a long rectangle,
+     the level surface of which was frequently broken by the remains
+     of still more elevated pavements, on which temples to the sun,
+     the object of adoration at Balbec, had been erected. All around
+     that platform were a series of lesser temples--or chapels, as
+     we should call them--decorated with niches, admirably engraved,
+     and loaded with sculptured ornaments to a degree that appeared
+     excessive to those who had seen the severe simplicity of the
+     Parthenon or the Coliseum. But how prodigious the accumulation
+     of architectural riches in the middle of an eastern desert!
+     Combine in imagination the Temple of Jupiter Stator and the
+     Coliseum at Rome, of Jupiter Olympius and the Acropolis at
+     Athens, and you will yet fall short of that marvellous
+     assemblage of admirable edifices and sculptures. Many of the
+     temples rest on columns seventy feet in height, and seven feet
+     in diameter, yet composed only of two or three blocks of stone,
+     so perfectly joined together that to this day you can barely
+     discern the lines of their junction. Silence is the only
+     language which befits man when words are inadequate to convey
+     his impressions. We remained mute with admiration, gazing on
+     the eternal ruins.
+
+     "The shades of night overtook us while we yet rested in
+     amazement at the scene by which we were surrounded. One by one
+     they enveloped the columns in their obscurity, and added a
+     mystery the more to that magical and mysterious work of time
+     and man. We appeared, as compared with the gigantic mass and
+     long duration of these monuments, as the swallows which nestle
+     a season in the crevices of the capitals, without knowing by
+     whom, or for whom, they have been constructed. The thoughts,
+     the wishes, which moved these masses, are to us unknown. The
+     dust of marble which we tread beneath our feet knows more of it
+     than we do, but it cannot tell us what it has seen; and in a
+     few ages the generations which shall come in their turn to
+     visit our monuments, will ask, in like manner, wherefore we
+     have built and engraved. The works of man survive his thought.
+     Movement is the law of the human mind; the definite is the
+     dream of his pride and his ignorance. God is a limit which
+     appears ever to recede as humanity approaches him: we are ever
+     advancing, and never arrive. This great Divine Figure which man
+     from his infancy is ever striving to reach, and to imprison in
+     his structures raised by hands, for ever enlarges and expands;
+     it outsteps the narrow limits of temples, and leaves the altars
+     to crumble into dust; and calls man to seek for it where alone
+     it resides--in thought, in intelligence, in virtue, in nature,
+     in infinity."--(II. 39, 46, 47.)
+
+This passage conveys an idea of the peculiar style, and perhaps unique
+charm, of Lamartine's work. It is the mixture of vivid painting with
+moral reflection--of nature with sentiment--of sensibility to beauty,
+with gratitude to its Author, which constitutes its great attraction.
+Considering in what spirit the French Revolution was cradled, and from
+what infidelity it arose, it is consoling to see such sentiments
+conceived and published among them. True they are not the sentiments of
+the majority, at least in towns; but what then? The majority is ever
+guided by the thoughts of the great, not in its own but a preceding age.
+It is the opinions of the great among our grandfathers that govern the
+majority at this time; our great men will guide our grandsons. If we
+would foresee what a future age is to think, we must observe what a few
+great men are now thinking. Voltaire and Rousseau have ruled France for
+two generations; the day of Chateaubriand and Guizot and Lamartine will
+come in due time.
+
+But the extraordinary magnitude of these ruins in the middle of an
+Asiatic wilderness, suggests another consideration. We are perpetually
+speaking of the march of intellect, the vast spread of intelligence, the
+advancing civilization of the world; and in some respects our boasts are
+well founded. Certainly, in one particular, society has made a mighty
+step in advance. The abolition of domestic slavery has emancipated the
+millions who formerly toiled in bondage; the art of printing has
+multiplied an hundredfold the reading and thinking world. Our
+opportunities, therefore, have been prodigiously enlarged; our means of
+elevation are tenfold what they were in ancient times. But has our
+elevation itself kept pace with these enlarged means? Has the increased
+direction of the popular mind to lofty and spiritual objects, the more
+complete subjugation of sense, the enlarged perception of the useful and
+the beautiful, been in proportion to the extended facilities given to
+the great body of the people? Alas! the fact is just the reverse. Balbec
+was a mere station in the desert, without territory, harbour, or
+subjects--maintained solely by the commerce of the East with Europe
+which flowed through its walls. Yet Balbec raised, in less than a
+century, a more glorious pile of structures devoted to religious and
+lofty objects, than London, Paris, and St Petersburg united can now
+boast. The Decapolis was a small and remote mountain district of
+Palestine, not larger in proportion to the Roman than Morayshire is in
+proportion to the British empire; yet it contained, as its name
+indicates, and as their remains still attest, _ten cities_, the least
+considerable of which, Gebora, contains, as Buckingham tells us in his
+_Travels beyond the Jordan_, the ruins of more sumptuous edifices than
+any city in the British islands, London itself not excepted, can now
+boast. It was the same all over the East, and in all the southern
+provinces of the Roman empire. Whence has arisen this astonishing
+disproportion between the great things done by the citizens in ancient
+and in modern times, when in the latter the means of enlarged
+cultivation have been so immeasurably extended? It is in vain to say, it
+is because we have more social and domestic happiness, and our wealth is
+devoted to these objects, not external embellishment. Social and
+domestic happiness are in the direct, not in the inverse ratio of
+general refinement and the spread of intellectual intelligence. The
+domestic duties are better nourished in the temple than in the gin-shop;
+the admirers of sculpture will make better fathers and husbands than the
+lovers of whisky. Is it that we want funds for such undertakings? Why,
+London is richer than ever Rome was; the commerce of the world, not of
+the eastern caravans, flows through its bosom. The sums annually
+squandered in Manchester and Glasgow on intoxicating liquors, would soon
+make them rival the eternal structures of Tadmor and Palmyra. Is it that
+the great bulk of our people are unavoidably chained by their character
+and climate to gross and degrading enjoyments? Is it that the spreading
+of knowledge, intelligence, and free institutions, only confirms the
+sway of sensual gratification, and that a pure and spiritual religion
+tends only to strengthen the fetters of passion and selfishness? Is it
+that the inherent depravity of the human heart appears the more clearly
+as man is emancipated from the fetters of authority? Must we go back to
+early ages for noble and elevated motives of action: is the spread of
+freedom but another word for the extension of brutality? God forbid that
+so melancholy a doctrine should have any foundation in human nature! We
+mention the facts, and leave it to future ages to discover their
+solution: contenting ourselves with pointing out to our self-applauding
+countrymen how much they have to do before they attain the level of
+their advantages, or justify the boundless blessings which Providence
+has bestowed upon them.
+
+The plain of Troy, seen by moonlight, furnishes the subject of one of
+our author's most striking passages:--
+
+     "It is midnight; the sea is calm as a mirror; the vessel floats
+     motionless on the resplendent surface. On our left, Tenedos
+     rises above the waves, and shuts out the view of the open sea:
+     on our right, and close to us, stretched out like a dark bar,
+     the low shore and indented coasts of Troy. The full moon, which
+     rises behind the snow-streaked summit of Mount Ida, sheds a
+     serene and doubtful light over the summits of the mountains,
+     the hills, the plain: its extending rays fall upon the sea, and
+     reach the shadow of our brig, forming a bright path which the
+     shades do not venture to approach. We can discern the _tumuli_,
+     which tradition still marks as the tombs of Hector and
+     Patroclus. The full moon, slightly tinged with red, which
+     discloses the undulations of the hills, resembles the bloody
+     buckler of Achilles; no light is to be seen on the coast, but a
+     distant twinkling, lighted by the shepherds on Mount Ida--not a
+     sound is to be heard but the flapping of the sail on the mast,
+     and the slight creaking of the mast itself; all seems dead like
+     the past in that deserted land. Seated on the forecastle, I see
+     that shore, those mountains, those ruins, those tombs, rise
+     like the ghost of the departed world, reappear from the bosom
+     of the sea with shadowy form, by the rays of the star of night,
+     which sleep on the hills, and disappear as the moon recedes
+     behind the summits of the mountains. It is a beautiful
+     additional page in the poems of Homer, the end of all history
+     and of all poetry! Unknown tombs, ruins without a certain name;
+     the earth naked and dark, but imperfectly lighted by the
+     immortal luminaries; new spectators passing by the old coast,
+     and repeating for the thousandth time the common epitaph of
+     mortality! Here lies an empire, here a town, here a people,
+     here a hero! God alone is great, and the thought which seeks
+     and adores him alone is imperishable upon earth. I feel no
+     desire to make a nearer approach in daylight to the doubtful
+     remains of the ruins of Troy. I prefer that nocturnal
+     apparition, which allows the thought to re-people those
+     deserts, and sheds over them only the distant light of the moon
+     and of the poetry of Homer. And what concerns me Troy, its
+     heroes, and its gods! That leaf of the heroic world is turned
+     for ever!"--(II. 248-250.)
+
+What a magnificent testimonial to the genius of Homer, written in a
+foreign tongue, two thousand seven hundred years after his death!
+
+The Dardanelles and the Bosphorus have, from the dawn of letters,
+exercised the descriptive talents of the greatest historians of modern
+Europe. The truthful chronicle of Villehardouin, and the eloquent
+pictures of Gibbon and Sismondi of the siege of Constantinople, will
+immediately occur to every scholar. The following passage, however, will
+show that no subject can be worn out when it is handled by the pen of
+genius:--
+
+     "It was five in the morning, I was standing on deck; we made
+     sail towards the mouth of the Bosphorus, skirting the walls of
+     Constantinople. After half an hour's navigation through ships
+     at anchor, we touched the walls of the seraglio, which prolongs
+     those of the city, and form, at the extremity of the hill which
+     supports the proud Stamboul, the angle which separates the sea
+     of Marmora from the canal of the Bosphorus, and the harbour of
+     the Golden Horn. It is there that God and man, nature and art,
+     have combined to form the most marvellous spectacle which the
+     human eye can behold. I uttered an involuntary cry when the
+     magnificent panorama opened upon my sight; I forgot for ever
+     the bay of Naples and all its enchantments; to compare any
+     thing to that marvellous and graceful combination would be an
+     injury to the fairest work of creation.
+
+     "The walls which support the circular terraces of the immense
+     gardens of the seraglio were on our left, with their base
+     perpetually washed by the waters of the Bosphorus, blue and
+     limpid as the Rhone at Geneva; the terraces which rise one
+     above another to the palace of the Sultana, the gilded cupolas
+     of which rose above the gigantic summits of the plane-tree and
+     the cypress, were themselves clothed with enormous trees, the
+     trunks of which overhang the walls, while their branches,
+     overspreading the gardens, spread a deep shadow even far into
+     the sea, beneath the protection of which the panting rowers
+     repose from their toil. These stately groups of trees are from
+     time to time interrupted by palaces, pavilions, kiosks, gilded
+     and sculptured domes, or batteries of cannon. These maritime
+     palaces form part of the seraglio. You see occasionally through
+     the muslin curtains the gilded roofs and sumptuous cornices of
+     those abodes of beauty. At every step, elegant Moorish
+     fountains fall from the higher parts of the gardens, and murmur
+     in marble basins, from whence, before reaching the sea, they
+     are conducted in little cascades to refresh the passengers. As
+     the vessel coasted the walls, the prospect expanded--the coast
+     of Asia appeared, and the mouth of the Bosphorus, properly so
+     called, began to open between hills, on one side of dark green,
+     on the other of smiling verdure, which seemed variegated by all
+     the colours of the rainbow. The smiling shores of Asia, distant
+     about a mile, stretched out to our right, surmounted by lofty
+     hills, sharp at the top, and clothed to the summit with dark
+     forests, with their sides varied by hedge-rows, villas,
+     orchards, and gardens. Deep precipitous ravines occasionally
+     descended on this side into the sea, overshadowed by huge
+     overgrown oaks, the branches of which dipped into the water.
+     Further on still, on the Asiatic side, an advanced headland
+     projected into the waves, covered with white houses--it was
+     Scutari, with its vast white barracks, its resplendent mosques,
+     its animated quays, forming a vast city. Further still, the
+     Bosphorus, like a deeply imbedded river, opened between
+     opposing mountains--the advancing promontories and receding
+     bays of which, clothed to the water's edge with forests,
+     exhibited a confused assemblage of masts of vessels, shady
+     groves, noble palaces, hanging gardens, and tranquil havens.
+
+     "The harbour of Constantinople is not, properly speaking, a
+     port. It is rather a great river like the Thames, shut in on
+     either side by hills covered with houses, and covered by
+     innumerable lines of ships lying at anchor along the quays.
+     Vessels of every description are to be seen there, from the
+     Arabian bark, the prow of which is raised, and darts along like
+     the ancient galleys, to the ship of the line, with three decks,
+     and its sides studded with brazen mouths. Multitudes of Turkish
+     barks circulate through that forest of masts, serving the
+     purpose of carriages in that maritime city, and disturb in
+     their swift progress through the waves, clouds of alabastros,
+     which, like beautiful white pigeons, rise from the sea on their
+     approach, to descend and repose again on the unruffled surface.
+     It is impossible to count the vessels which lie on the water
+     from the seraglio point to the suburb of Eyoub and the
+     delicious valley of the Sweet Waters. The Thames at London
+     exhibits nothing comparable to it."--(II. 262-265.)
+
+     "Beautiful as the European side of the Bosphorus is, the
+     Asiatic is infinitely more striking. It owes nothing to man,
+     but every thing to nature. There is neither a Buyukdere nor a
+     Therapia, nor palaces of ambassadors, nor an Armenian nor Frank
+     city; there is nothing but mountains with glens which separate
+     them; little valleys enameled with green, which lie at the foot
+     of overhanging rocks; torrents which enliven the scene with
+     their foam; forests which darken it by their shade, or dip
+     their boughs in the waves; a variety of forms, of tints, and of
+     foliage, which the pencil of the painter is alike unable to
+     represent or the pen of the poet to describe. A few cottages
+     perched on the summit of projecting rocks, or sheltered in the
+     bosom of a deeply indented bay, alone tell you of the presence
+     of man. The evergreen oaks hang in such masses over the waves
+     that the boatmen glide under their branches, and often sleep
+     cradled in their arms. Such is the character of the coast on
+     the Asiatic side as far as the castle of Mahomet II., which
+     seems to shut it in as closely as any Swiss lake. Beyond that,
+     the character changes; the hills are less rugged, and descend
+     in gentler slopes to the water's edge; charming little plains,
+     checkered with fruit-trees and shaded by planes, frequently
+     open; and the delicious Sweet Waters of Asia exhibit a scene of
+     enchantment equal to any described in the Arabian Nights.
+     Women, children, and black slaves in every variety of costume
+     and colour; veiled ladies from Constantinople; cattle and
+     buffaloes ruminating in the pastures; Arab horses clothed in
+     the most sumptuous trappings of velvet and gold; caiques filled
+     with Armenian and Circassian young women, seated under the
+     shade or playing with their children, some of the most
+     ravishing beauty, form a scene of variety and interest probably
+     unique in the world." (III. 331-332.)
+
+These are the details of the piece: here is the general impression:--
+
+     "One evening, by the light of a splendid moon, which was
+     reflected from the sea of Marmora, and the violet summits of
+     Mount Olympus, I sat alone under the cypresses of the 'Ladders
+     of the Dead;' those cypresses which overshadow innumerable
+     tombs of Mussulmans, and descend from the heights of Pera to
+     the shores of the sea. No one ever passes at that hour: you
+     would suppose yourself an hundred miles from the capital, if a
+     confused hum, wafted by the wind, was not occasionally heard,
+     which speedily died away among the branches of the cypress.
+     These sounds weakened by distance; the songs of the sailors in
+     the vessels; the stroke of the oars in the water; the drums of
+     the military bands in the barracks; the songs of the women who
+     lulled their children to sleep; the cries of the muetzlim, who,
+     from the summits of the minarets, called the faithful to
+     evening prayers; the evening gun which boomed across the
+     Bosphorus, the signal of repose to the fleet--all these sounds
+     combined to form one confused murmur, which strangely
+     contrasted with the perfect silence around me, and produced the
+     deepest impression. The seraglio, with its vast peninsula, dark
+     with plane-trees and cypresses, stood forth like a promontory
+     of forests between the two seas which slept beneath my eyes.
+     The moon shone on the numerous kiosks; and the old walls of the
+     palace of Amurath stood forth like huge rocks from the obscure
+     gloom of the plane-trees. Before me was the scene, in my mind
+     was the recollection, of all the glorious and sinister events
+     which had there taken place. The impression was the strongest,
+     the most overwhelming, which a sensitive mind could receive.
+     All was there mingled--man and God, society and nature, mental
+     agitation, the melancholy repose of thought. I know not whether
+     I participated in the great movement of associated beings who
+     enjoy or suffer in that mighty assemblage, or in that nocturnal
+     slumber of the elements, which murmured thus, and raised the
+     mind above the cares of cities and empires into the bosom of
+     nature and of God."--(III. 283-284.)
+
+"Il faut du tems," says Voltaire, "pourque les grandes reputations
+murissent." As a describer of nature, we place Lamartine at the head of
+all writers, ancient or modern--above Scott or Chateaubriand, Madame de
+Stael or Humboldt. He aims at a different object from any of these great
+writers. He does not, like them, describe the emotion produced on the
+mind by the contemplation of nature; he paints the objects in the scene
+itself, their colours and traits, their forms and substance, their
+lights and shadows. A painter following exactly what he portrays, would
+make a glorious gallery of landscapes. He is, moreover, a charming poet,
+an eloquent debater, and has written many able and important works on
+politics; yet we never recollect, during the last twenty years, to have
+heard his name mentioned in English society except once, when an old and
+caustic, but most able judge, now no more, said, "I have been reading
+Lamartine's _Travels in the East_--it seems a perfect rhapsody."
+
+We must not suppose, however, from this, that the English nation is
+incapable of appreciating the highest degree of eminence in the fine
+arts, or that we are never destined to rise to excellence in any but the
+mechanical. It is the multitude of subordinate writers of moderate merit
+who obstruct all the avenues to great distinction, which really
+occasions the phenomenon. Strange as it may appear, it is a fact
+abundantly proved by literary history, and which may be verified by
+every day's experience, that men are in general insensible to the
+highest class of intellectual merit when it first appears; and that it
+is by slow degrees and the opinion oft repeated, of the really superior
+in successive generations, that it is at length raised to its deserved
+and lasting pedestal. There are instances to the contrary, such as Scott
+and Byron: but they are the exceptions, not the rule. We seldom do
+justice but to the dead. Contemporary jealousy, literary envy, general
+timidity, the dread of ridicule, the confusion of rival works, form so
+many obstacles to the speedy acquisition of a great living reputation.
+To the illustrious of past ages, however, we pay an universal and
+willing homage. Contemporary genius appears with a twinkling and
+uncertain glow, like the shifting and confused lights of a great city
+seen at night from a distance: while the spirits of the dead shine with
+an imperishable lustre, far removed in the upper firmament from the
+distractions of the rivalry of a lower world.
+
+FOOTNOTES:
+
+[46] We have translated all the passages ourselves: the versions
+hitherto published in this country give, as most English translations of
+French works do, a most imperfect idea of the original.
+
+       *       *       *       *       *
+
+_Edinburgh: Printed by Ballantyne and Hughes, Paul's Work._
+
+
+
+
+
+
+
+
+End of the Project Gutenberg EBook of Blackwood's Edinburgh Magazine, Volume
+56, Number 349, November, 1844, by Various
+
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