From the year 1551, when Tripoli was taken by Dragut, to the early part of the eighteenth century, it continued to form a part of the Turkish empire; and as such, but little is known respecting it. However, though governed by a Pasha appointed from Constantinople, and garrisoned exclusively by Turkish troops, it did not entirely lose its nationality, and appears to have been much less dependant on the Sultan, than the other parts of his dominions; for we find upon record, treaties between Tripoli and various European powers concluded within that period, in which no mention whatever is made of the Porte. That with England, was negotiated in 1655 by Blake, immediately after his successful bombardment of Tunis; it proved however of little value, for ten years after, Sir John Narborough was sent with a fleet against Tripoli, on which occasion the celebrated Cloudesley Shovel first distinguished himself, in the destruction of several ships under the guns of the castle.

At length a revolution was effected in the government; the allegiance to the Sultan was thrown off, and his paramount authority was reduced to a mere nominal suzerainty. In the year 1714, Hamet surnamed Caramalli, or the Caramanian, from a province of Asia Minor in which he was born, while in command of the city as Bey or lieutenant during the absence of the Pasha, formed a conspiracy among the Moors, by whose aid, the city was freed from Turkish troops in a single night. Three hundred of them were invited by him to an entertainment at a castle a few miles distant from Tripoli, and were despatched as they successively entered a dark hall or passage in the building; of the others, many were found murdered in the streets next morning, and but a small number escaped to tell the dreadful tale. A Moorish guard was instantly formed, strong enough to repel any attack which could have been expected; and Hamet was proclaimed sovereign, under the title of Pasha. The new prince did not however trust entirely to arms, for the security of his title, but instantly sent a large sum to Constantinople, which being properly distributed, he succeeded in obtaining confirmation, or rather recognition by the Sultan. He moreover solemnly adopted Abdallah the infant son of his predecessor and declared him heir to the throne; but he altered these views, if he had ever entertained them, when his own children grew up, for his eldest son was made Bey or lieutenant at an early age, and afterwards succeeded him; Abdallah, however, lived through nearly three reigns, as Kiah, or governor of the castle, and was murdered in 1790, by the hand of the late Pasha Yusuf.

Hamet seemed really desirous to advance the true interests of his dominions, and for that purpose endeavored to make friends of the European nations. Within a few years after his accession, he concluded treaties with England, the United Provinces, Austria and Tuscany, one of which alone, contains a vague proviso, respecting the approval of the Sultan. The stipulations of these treaties are principally commercial, or intended to secure the vessels of the foreign power, from capture; no mention is made in them of any payments to Tripoli, but it is generally understood that considerable sums were annually given by the weaker states for the purpose of obtaining such exemption, and by the more powerful in order to encourage the piracies. By these means the commerce of the country was increased; the manufactures of Europe were imported for the use of its inhabitants, and for transportation into the interior, by the caravans; in return, dates, figs, leather, &c. were exported from Tripoli, and cattle from the ports lying east of it. One of the most valuable articles sent to Europe, was salt, brought from the desert and the countries beyond, where it is found in abundance, of the finest quality, either as rock-salt or in sheets resembling ice on the sand. Soda was likewise exported in great quantities, principally to France; but the facility with which it is now obtained from common salt, has much lessened the value of that substance and the quantity of it carried from Tripoli.

This commerce was carried on exclusively in foreign vessels, principally English, Dutch and French; those of Tripoli being all fitted out as cruisers, and engaged in piracy. None of its vessels indeed could venture to leave the place without being armed and manned to an extent which the profits of a trading voyage would not warrant; for in addition to the Spaniards, Venitians, Genoese and other maritime states, with one or other of which the Tripolines were generally at war, they had a constant and inveterate enemy in the Knights of Malta, whose gallies were ever hovering about the port, and who in the treatment of their captives, improved upon the lessons of cruelty taught by their Barbary neighbors.

These cruisers were charged to respect all vessels belonging to powers with which Tripoli had treaties; but such charges were occasionally forgotten, when a richly laden ship was encountered by a Corsair returning perhaps from a fruitless cruise; and the Pasha who was entitled to a large portion of each prize, sometimes shewed less alacrity than was promised by his treaties in causing the damage to be repaired. A mistake of this kind with regard to some French vessels, provoked that government in 1729, when it was at peace with England, to send a squadron to Tripoli, for the purpose of demanding satisfaction. The result of this display was a treaty, the terms of which were dictated by the French Admiral de Gouyon. The Pasha in the most abject manner acknowledged his infractions of the former treaty, and accepted with gratitude, the pardon and peace which the Emperor¹ of France was pleased to grant him—all the French prizes taken were to be restored, or indemnification made for those which were lost or injured—the French captives were to be released, together with twenty other Catholic prisoners to be selected by the Admiral—Tripoline cruisers were to be furnished with certificates from the French Consul, who was to take precedence of all other Consuls on public occasions—French vessels with their crews were not to be molested—together with many other provisions, calculated to give to France immunities and advantages, not enjoyed by any other nation. As an additional humiliation, all stipulations made or that might be made with the Porte, were to be observed by Tripoli; and the treaty was to remain in force one hundred years.

¹ The King of France is always styled Emperor in negotiations with the Oriental Powers.

This treaty is one of the many evidences of the want of common sense, which formerly presided over diplomatic negotiations, and rendered their history a record of unjust pretension on the one hand, of duplicity and subterfuge on the other. Exclusive advantages for a period which might as well have been left indefinite, are arrogantly extorted from a petty state, without reflecting, that supposing the utmost desire on its part, they could be observed only until some other strong power should demand the same for itself. The Barbary states have long known the absurdity of this, and have profited by it; to the force of the greater nations, they have merely opposed the Punica fides, and when availing resistance cannot be made, they sign any treaty however humiliating, trusting to Allah for an opportunity to break it profitably.

The inutility of these exclusive stipulations was soon proved; for in 1751 Tripoli became involved in difficulties with Great Britain, from circumstances similar to those which had provoked the ire of France. The quarrel terminated in a similar manner; a fleet was sent, and a treaty dictated, less humiliating in style to the weaker and less arrogant on the part of the stronger, than that with France, but giving to Great Britain in effect, all the exclusive or superior advantages, and to her consul the same precedence of all other consuls, which had already been solemnly guarantied to the French. As a matter of course the latter sent a squadron soon after, to require a renewal of the treaty of 1729 with stipulations still more in their favor, to which of course the Pasha consented. The same plan has been pursued by these two great nations, with regard to the other states of Barbary; and the court of each Bey, Pasha or Emperor, has been a perpetual theatre for the intrigues and struggles for influence of their consuls.

In the early treaties with these states, we see no provision against piracy in general, no protest against the principle;—Tripoline cruisers shall not make prizes of our vessels, nor appear within a certain distance of our coasts—thus much they say; but nothing else appears, from which it might be gathered, that Tripoli was other than a state, respectable itself and complying with those evident duties, which compose the body of national morals. In fact Great Britain and France, each keeping a large naval force in the Mediterranean, which could immediately chastise any offence against its own commerce, not only had no objection to the practice of piracy, but even secretly encouraged it; as the vessels of the weaker states were thus almost excluded from competition in trade. The abandonment of this despicable policy is one among the many triumphs of principle and feeling, which have marked the advance of civilization during the last twenty years, and which authorize us in hoping that a desire to promote the general welfare of mankind, may in future exert an influence in the councils of statesmen.

In addition to his acts of pacific policy, Hamet extended his dominions by force of arms; he conquered Fezzan, a vast tract of desert, sprinkled with oases or islands of fertile soil, lying south of Tripoli and which has until lately been held by his successors; this conquest was important from the revenue it yielded, and from the advantages it afforded to caravans to and from the centre of Africa. He also reduced to complete subjection, the intractable inhabitants of the ancient Cyrenaica or part lying beyond the Great Syrtis; and upon the whole displayed so much energy and real good sense in his actions, that viewing the circumstances under which he was placed, he may be considered fairly entitled to the appellation of Great, which has been bestowed on him by the people of Tripoli. Sometime before his death, he became totally blind, which affliction was believed by the more devout of his subjects, to have been sent as punishment for an act of tyranny, such as daily practised in those countries. In one of his visits to a mosque in the vicinity of the city, he chanced to see a young girl, the daughter of the Marabout or holy man of the place, whose beauty made such an impression on him, that he ordered the father to send her that evening richly drest to the castle, under penalty of being hacked to pieces, if he should fail to do so. She was accordingly conveyed to the royal apartments, but the Pasha on entering the room, found her a corpse; in order to save herself from violence, she had acceded to the wish of her father and taken a deadly potion. It is needless to relate what were the torments inflicted upon the parent; while writhing under them, he prayed that Allah would strike the destroyer with blindness; and his prayer was granted, it is said, as soon as uttered. However this may have been, a blind sovereign cannot long retain his power in Barbary; and Hamet probably felt that his own authority was less respected; for without any other ostensible reason, he deliberately shot himself in presence of his family in 1745. At least such is the account of his end given to the world.

After the death of Hamet the Great, the usual dissensions as to who should succeed him, for sometime distracted the country; his second son Mohammed at length established his claim, and with singular magnanimity, permitted seven of his brothers to live through his reign, which ended with his life in 1762.

Ali, the son and successor of Mohammed, was not so indulgent, and accordingly his uncles were soon despatched. One of them, a child, was however believed to have escaped, and a man was for many years supported at Tunis, whom the politic sovereign of that country affected to consider as the prince. The pretensions of this person were even favored by the Sultan, who, ever desirous of re-establishing his power over Tripoli, adopted this means of keeping the country in a ferment, and the Pasha in alarm. However, after this first bloody measure, which is considered as a mere act of prudence in the East, Ali passed his reign, not only without any show of cruelty, but actually exhibiting in many cases a degree of culpable kindness. He seems indeed to have been a weak and really amiable man, possessing many negative virtues, and even a few positive; among the latter of which, were constancy and real attachment for his family. He had but one wife, who doubtless merited the devoted respect with which he always treated her; and when we read the details of their family life, as recorded in the agreeable pages of Mrs. Tully,² it is difficult to imagine that such scenes could have taken place within the bloodstained walls of the castle of Tripoli.

² Narrative of a Ten Year's residence in Tripoli, from the Correspondence of the family of the late Richard Tully, British Consul at Tripoli, from 1785 to 1794.

But if Ali received pleasure and consolation from his faithful Lilla Halluma, the mutual hatred of their three sons rendered the greater part of his existence a horrible burden. Hassan, the eldest of the princes, was a man of much energy, together with a considerable share of generosity and good feeling. He was at an early age invested by his father with the title of Bey, which implies an acknowledgement of his right to succeed to the throne, and moreover gives him the command of the forces, the only effectual means of substantiating that right. In this office he soon distinguished himself during many expeditions which he commanded against various refractory tribes; and under his administration, the army and the revenues of the country began to recover from the miserable state in which the supineness of his father had permitted them to languish. Indeed, upon the whole, he gave promise of as much good with as little alloy, as could possibly have been expected in a sovereign of Tripoli.

Hamet, the second son of the Pasha, inherited the weakness of his father, without his better qualities, and exhibited throughout life the utmost want of decision; in prosperity ever stupidly insolent; in adversity the most abject and degraded of beings, the slave of any one who was pleased to employ him. An improper message sent by the Bey to his wife, soon after their marriage, provoked a deadly hatred against his elder brother, which only exhibited itself however in idle vaporing threats of vengeance. The distracted parents did all in their power to produce a reconciliation, but in vain; the Bey was haughty, and Hamet implacable; neither trusting himself in the presence of the other, unless armed to the teeth and environed by guards.

Yusuf, the youngest son, was the reverse of Hamet; brave, dashing and impetuous, he had scarcely reached his sixteenth year, before he openly declared his determination to struggle with the Bey for the future possession of the crown, or even to pluck it from the brow of his fond and tottering parent. Hassan at first regarded this as the mere ebullition of boyish feelings, and endeavored to attach him by acts of kindness; but they were thrown away on Yusuf, who apparently siding with Hamet, acquired over him an influence which rendered him a ready tool. The whole country was engaged in the dispute, and daily brawls between the adherents of the opposing parties rendered Tripoli almost uninhabitable.

The report of this state of things produced much effect at Constantinople; the Sultan wished to regain possession of Tripoli, and he had reason to fear lest its distracted state should induce some christian power to attempt its conquest. It was therefore arranged in 1786, that an attack should be made on the place by sea, while the Bey of Tunis should be ready with a force to co-operate by land if necessary. The Capoudan Pasha or Turkish High Admiral, at that time was the famous Hassan, who afterwards distinguished himself in the wars against Russia on the Black Sea, and against the French in the Levant, particularly by the relief of Acre in 1799, while it was besieged by Buonaparte. He was the mortal enemy of Ali, and was moreover excited by the hope of obtaining the sovereignty of the country in case he should succeed in getting a footing. A large armament was therefore prepared; but its destination was changed, and instead of recovering Tripoli, the Capoudan Pasha had orders to proceed to Egypt, and endeavor to restore that country to its former allegiance; the Mamelukes having succeeded in establishing there an almost independent authority.

The Tripoline Princes had been somewhat united by the news of the projected invasion; but this change in the objects of the Porte, again set the angry feelings of the brothers in commotion, and a severe illness with which their father was seized at the time, gave additional fury to their enmity, by apparently bringing the object of their discord nearer. As the old Pasha's death was expected, the Bey called the troops around him, and every avenue to the castle was defended; Yusuf and Hamet on their parts assembled their followers, and declared their resolution to overthrow Hassan or perish in the attempt, being convinced that his success would be the signal of their own destruction. Their tortured mother prepared to die by her own hands, rather than witness the dreadful scenes which would ensue on the decease of her husband. Ali however recovered, and things remained in the same unsettled state for three years longer; the mutual animosity of the Princes increasing, and the dread of invasion causing every sail which appeared, to be regarded with anxiety and suspicion.

Yusuf had now reached his twentieth year, and had acquired complete influence over the mind of his father; a quarrel about a servant had raised a deadly feud between him and Hamet, and the Bey feeling more confidence from the success of several expeditions, was rendered less cautious than he should have been. Lilla Halluma made every effort to produce unity of feeling among them, and at length prevailed upon Hassan to meet his youngest brother in her apartments. The Bey came armed only with his sword, and even that defence he was induced to lay aside, by the representations of his mother. Yusuf appeared also unarmed, but attended by some of his most devoted black followers; he embraced his brother, and declaring himself satisfied, called for a Koran on which to attest the honesty of his purpose. But that was a signal which his blacks understood, and instead of the sacred volume, two pistols were placed in his hands; he instantly fired at the luckless Bey, who was seated next their mother; the ball took effect—the victim staggered towards his sword—but ere he could reach it, another shot stretched him on the floor; he turned his dying eyes towards Lilla Halluma, and erroneously conceiving that she had betrayed him, exclaimed, "Mother, is this the present you have reserved for your eldest son!" The infuriated blacks despatched him by an hundred stabs, in the presence not only of his mother, but also of his wife, whom the reports of the pistols had brought to the room. Yusuf made his way out of the castle, offering up as a second victim the venerable Kiah Abdallah, whom he met with on his passage; he then celebrated the successful issue of his morning's achievement by a feast. This happened about the end of July, 1790.

Hamet was absent when the murder took place, and on his return was proclaimed Bey, but not until the consent of Yusuf had been obtained, which the miserable Pasha had been weak enough to require. The two brothers then swore eternal friendship, accompanying the oath with the ceremonies considered most solemn on such occasions. But oaths could have but little weight with men of their respective characters; they could give no security to Hamet, nor act as restraints upon Yusuf. In a short time the brothers disagreed; the Bey fortified himself in the castle, while Yusuf established his quarters in the Messeah, or plain which lies on one side of the City, and raised the standard of revolt. A number of discontented Moors and Arabs were soon assembled in his cause, and he formed a partial siege of the place.

Meanwhile the Sultan was again at leisure to carry into effect the long projected plan against the country. A squadron was prepared, and one Ali-ben-Zool, a notorious pirate, was placed in command, and furnished with a firman or commission as Pasha. This squadron entered the harbor of Tripoli on the night of the 29th of July, 1793, and during the confusion that ensued, the Turks having got possession of the gates, were in a short time masters of the town. The firman was then read, and the Pasha was summoned to deliver the castle to the representative of his sovereign. The poor old man was struck almost senseless with the news; his wife and family finding that resistance was impossible escaped, carrying the Pasha more dead than alive out of the city, where they at first were protected by an Arab tribe. Yusuf seeing when too late the misery which he had brought on his family, at length begged forgiveness from his father, and the Princes uniting their forces, endeavored by an assault on the town to retrieve their fortunes; but it proved unsuccessful; the Pasha's party was betrayed, and the Turkish power was for a time established. Every species of cruelty was then committed by Ali-ben-Zool, for the purpose of extorting money from the wretched inhabitants, and scenes were acted, which it would be shocking to relate. The unfortunate Lilla Halluma soon died of grief; her husband and sons retired to Tunis, where they were received and generously assisted by the Bey.

The Porte at length was induced by the cruelties of its agent, to withdraw its support, and leave was given to the Caramalli family to regain their dominions. Ten thousand troops accordingly marched from Tunis in the spring of 1795, under the command of Hamet and Yusuf; ere they reached Tripoli, Ali-ben-Zool had evacuated the place, and retired to Egypt. This ruffian was afterwards made Governor of Alexandria in 1803, subsequently to the expulsion of the French, where he pursued the same course of cruelty and extortion as at Tripoli, until he was at length murdered by his guards.

It is not to be supposed that Yusuf took all these pains merely to establish his brother quietly in Tripoli; the rude soldiery who decide matters of that kind in Barbary, could not but see a difference between him and Hamet, which was by no means in favor of the latter. Of this disposition Yusuf took full advantage, and so ingratiated himself with the troops, that when at length the news of old Ali's death reached the city, he was unanimously proclaimed Pasha; his brother, who was absent at the time, on returning, found the gates closed against him, and received an order from the new sovereign to retire to the distant province of Derne, and remain there as Bey. Hamet having no other resource, went to his place of banishment, and remained there for some time; but finding that his brother was daily making attempts to destroy him, he at length in 1797 retired to Tunis, where he was supported by the Bey.

The earliest act of Yusuf with regard to foreign intercourse, was the conclusion of a treaty with the United States, which was signed on the 4th of November, 1796, Joel Barlow then American Consul at Algiers and Colonel David Humphries, being the agents of the latter party. Its terms are generally reciprocal; passports are to be given to vessels of each country by which they are to be known—"As the Government of the United States is not in any sense founded on the christian religion, and has in itself no character of enmity against the laws, religion or tranquillity of Mussulmen, no pretext arising from religious opinions shall ever produce an interruption of the harmony between the two countries"—the Pasha acknowledges the receipt of money and presents, "in consideration for this treaty of perpetual peace and friendship, and no pretence of any periodical tribute or farther payment is ever to be made by either party." Finally, the observance of the treaty is "guarantied by the most potent Dey and Regency of Algiers, and in case of dispute, no appeal shall be made to arms, but an amicable reference shall be made to the mutual friend of both parties, the Dey of Algiers, the parties hereby engaging to abide by his decision."

To the terms of this treaty it would be difficult to offer any objection; the United States were anxious that their commerce in the Mediterranean should be undisturbed; their naval force was inadequate to its protection, and it was then considered inexpedient to increase that force. Presents were given in compliance with a custom generally if not always observed, and it was certainly the more manly course to have the fact openly stated in the treaty, with the proviso annexed, that none others were to be expected. The treaty between the United States and Algiers was on terms less equal, as it contained a stipulation on the part of the former to pay an annual value of twenty-one thousand dollars in military stores.

Thus secured from interruption, the American commerce in the Mediterranean rapidly increased, and the Tripoline corsairs were daily tantalized by the sight of large vessels laden with valuable cargoes, which were to be passed untouched, for no other reason than because they sailed under the striped flag and carried a piece of parchment covered with unintelligible characters. This must have been the more vexatious to the corsairs as they never met with ships of war belonging to the nation which they were thus required to respect.

Reports of this nature did not fail to produce their effect upon Yusuf; his cupidity was excited, and he doubtless feared that his popularity might suffer, if his subjects were longer prevented from pursuing what had always been considered a lawful and honorable calling in Barbary. He had collected a small maritime force, estimated in 1800 at eleven vessels of various sizes, mounting one hundred and three guns, and thus considered himself strong enough to give up the further observance of a treaty with a power which appeared so incapable of enforcing it. In this idea he was encouraged by his naval officers. The chief of these was a Scotch renegade, who had been tempted to exchange the kirk for the mosque, and his homely name of Peter Lyle, with his humble employment of mate to a trading vessel, for the more sounding title of Morat Rais, and the substantial appointment of High Admiral of Tripoli. Rais Peter is represented by all who knew him as destitute of real talent, but possessing in its stead much of that pliability of disposition which is supposed to form an essential characteristic of his countrymen; however that may have been, he for some time enjoyed great credit with the Pasha, and employed it as far as he could against the interests of the United States. Whether this arose from any particular enmity, or from the hope of enjoying a share of the anticipated spoil, is uncertain; but to his influence was mainly ascribed the proceedings which led to a rupture of the peace. Another abettor of the war was the Vice Admiral Rais Amor Shelly, a desperate ruffian, who was most anxious to be engaged where there was such evident promise of gain. Hamet Rais, the minister of marine, was of the same opinion, and probably of all his councillors, Yusuf placed the greatest confidence in him; he is represented as a man of great sagacity and energy—such indeed, that Lord Nelson thought proper in 1798, to send a ship of the line, with a most overbearing letter, demanding his exile, which the Pasha promised, but after the departure of the ship thought no more about it. The only friend of the United States in the regency, was the Prime Minister Mahomet d'Ghies, whom every account represents as an honorable and enlightened gentleman.

Thus fortified by the assurances of his counsellors, and farther induced by his success in bringing Sweden to his terms, Yusuf commenced his proceedings against the United States in 1799, by making requisitions of their consul; these were resisted, and to a proposal from Mr. Cathcart (the consul) that reference should be made to the Dey of Algiers, as provided in such cases by the treaty, the Pasha replied that he no longer regarded the stipulations of that convention. His intentions became more clearly defined in the ensuing year, when Rais Shelly returned from a cruise, with an American brig, which he had brought in under pretence of irregularity in her papers; she was indeed restored, but not until after long delay and the commission of numberless acts of petty extortion, accompanied by hints that such lenity would not be again displayed. Considerable time having elapsed without any answer from the United States, the consul was informed that the treaty with his country was at an end; that the Pasha demanded two hundred and fifty thousand dollars as the price of a new one; and that it must contain an engagement on the part of the United States, to pay an annual tribute of twenty-five thousand dollars for its continuance. No reply having been made to this, war was formally declared by Tripoli on the 11th of May, 1801, the American flag staff was cut down by the Pasha's orders on the 14th, and Mr. Cathcart left the place a few days after.

A swarm of cruisers instantly issued from the port of Tripoli, and spread themselves over every part of the Mediterranean; two of them under Morat Rais arrived at Gibraltar, with the intention of even braving the perils of the unknown Atlantic, in search of American vessels. In the course of a few weeks five prizes were taken by the corsairs; but the consul of the United States had long foreseen the danger, and given timely warning, so that interruption of their commerce was almost the only evil afterwards suffered.

As soon as the news of these exactions arrived in Washington, President Jefferson caused a squadron, composed of three frigates and a sloop of war, to be fitted out and despatched to the Mediterranean, under Commodore Dale; it entered that sea about the end of June, 1801, and was probably the first American armed force seen in its waters. This squadron was sent with the hope that its display would be alone sufficient to bring the Pasha back to the observance of the treaty; the Commodore was therefore instructed to act with great caution, so as to repress rather than provoke hostilities; and he was made the bearer of letters to each of the Barbary sovereigns, couched in the most amicable terms and disclaiming all warlike intentions. The squadron touched first at Tunis, where its appearance somewhat softened the Bey, who had begun the same system of exactions from the American consul; it then sailed for Tripoli, before which it appeared on the 24th of July.

The sight of such a force was very disquieting to Yusuf, who sent a messenger on board to learn what were its objects. The Commodore replied by asking what were the Pasha's views in declaring war, and on what principles he expected to make peace? To this Yusuf endeavored to evade giving a direct answer, and he hinted that his principal cause of complaint was the dependence on Algiers implied by the terms of the first and the last articles of the treaty, which he considered humiliating. The American commander not being empowered to negotiate, remained for some days blockading the harbor, until having learnt that several cruisers were out, he thought proper to go in search of them. One only was encountered, a ship of fourteen guns, commanded by Rais Mahomet Sous, which after an action of three hours, on the 1st of August, with the schooner Enterprize, struck her colours; the Americans lost not a man, the Tripolines had nearly half their crew killed or wounded. As orders had been given to make no prizes, the cruiser was dismantled, and her captain directed to inform the Pasha, that such "was the only tribute he would receive from the United States." Notwithstanding the desperate valor displayed in this action by the Tripolines, Yusuf thought proper to ascribe the result to cowardice on the part of the commander; and poor Mahomet Sous, after having been paraded through the streets of the city on an ass, exposed to the insults of the mob, received five hundred strokes of the bastinado. This piece of injustice and cruelty however, produced an effect the reverse of that which was intended; for after it, no captain could be induced to put to sea, and those who were out already, on learning the treatment experienced by their comrade, took refuge from the Americans and the Pasha, for the most part among the islands of the Archipelago. The two largest vessels which had been arrested at Gibraltar on their way to the Atlantic, by the appearance of the United States' squadron, were laid up at that place, their crews passing over into Morocco.

The American commerce being thus for the time secured from interruption, a portion of the squadron returned to the United States; the remainder passed the winter in the Mediterranean, and were joined in the ensuing spring (1802) by other ships. Nothing however was attempted towards a conclusion of the difficulties with Tripoli by any decisive blow; the American agents in the other Barbary states were instructed to procure peace if possible, on condition of paying an annual tribute; and partial negotiations were carried on, principally through the mediation of the Bey of Tunis. They however proved ineffectual, as Yusuf demanded an amount far beyond that which the American government proposed. The operations of the squadron were limited to mere demonstrations; a simple display of force being considered preferable to active measures. On one occasion however, the Constellation frigate, while cruising off the harbor of Tripoli, was suddenly becalmed, and in this defenceless situation, was attacked by a number of Tripoline gun-boats; their fires would soon have reduced her to a wreck, had not a breeze fortunately sprung up, which enabled her to choose her position; several of the gun-boats having been then quickly destroyed, the remainder were forced to retreat into port.

The system of caution and forbearance by which the foreign policy of the American government was then regulated, renders the history of its transactions in the Mediterranean during the first four years of this century by no means flattering to the national pride. There was a disposition to negotiate and to purchase peace, rather than boldly to enforce it, which must have been most galling to the brave spirits who were thus obliged to remain inactive; and it certainly encouraged the Barbary governments in the opinion that the Americans were disposed to accept the more humiliating of the two alternatives, paying or fighting, which they offered to all other nations. It would not perhaps be just at present to censure this patient policy; the institutions of the country were then by no means firmly established, and the utmost circumspection was necessary in the management and disposition of its resources. There was also great reason to apprehend that a decided attack on one of the Barbary powers, would produce a coalition of the whole, aided by Turkey, which might have given a blow, severe and perhaps fatal, to the commerce of the United States in the Mediterranean. The Americans may however at least rejoice, that a more dignified system can now with assurance be pursued, in the conduct of all their affairs with foreign nations.

The length of this article renders its conclusion in the present number inconvenient; the remainder will appear in our next.

REVIEW

of Governor Tazewell's Report to the Legislature of Virginia, on the Deaf and Dumb Asylum.

The late Chief Magistrate of Virginia, Governor Floyd, in his message of December, 1833, called the attention of the Legislature to the condition of that unfortunate race of beings for whom it has been reserved, under Providence, to the present age, to provide a suitable system of instruction, by which they should be elevated to the condition of moral and accountable creatures. The Governor says: "The deaf, and dumb, and the blind, are objects of sympathy with all classes of society, and from which no family can claim exemption. An asylum for these unfortunate beings is suggested, where proper attention and instruction can be given at public expense—where they can be taught to read and write, and learn something of the useful arts; where even the blind can be taught something to alleviate the long and wearisome night which is allotted to them. I appeal to you in their behalf with the more confidence, as it is a subject which stands wholly unconnected with the business of life, from which they are excluded; and without voice, like the eloquence of the spheres, applies to the heart of all, from which they will not be spurned by the good and the just."

These humane and benevolent suggestions were referred, by special resolution, to the Committee of Schools and Colleges, by which committee a very able report was made on the subject to the House of Delegates, concluding with a resolution, "that it was expedient and highly important to provide immediately for the establishment and endowment of an asylum for the deaf and dumb of the state of Virginia."

At the same session of the Legislature, it appears that a memorial was presented by the trustees of the deaf and dumb asylum at Staunton, an association incorporated in March 1833, setting forth that sufficient funds had been provided to purchase a suitable site for a building—and praying that the Legislature would make an annual appropriation in aid of their benevolent purposes. This memorial is written with ability, and presents in a strong light the necessity of some legislative action on the subject. The Legislature, it seems however, was not prepared to act definitively, even with all the lights before them; but as if unwilling that an object so vastly important, and involving so many high considerations, should entirely be lost sight of,—the House of Delegates, a few days before the close of the session, adopted a resolution requesting the Governor "to communicate to the General Assembly at its next session such facts and views as he might deem pertinent and useful, relative to the best plan, the appropriate extent, the most suitable organization, and the probable cost of an institution for the instruction of the deaf and dumb, to be located in some healthy and convenient situation in this state; and that he be further requested to accompany his communication by such information as he might be able to impart relative to similar institutions in other states, together with an estimate of the probable number of the deaf and dumb who would repair to such an institution, to be located within the limits of this Commonwealth."

In compliance with this resolution, Governor Tazewell, whose term of office commenced on the 31st of March last, made a report to the Legislature at its present session—a report which we regret to say is entirely at variance with all the views heretofore entertained on this interesting subject—a report which, so far as such high authority can wield an influence, is calculated to repress the efforts of the friends of humanity in the prosecution of so noble a cause. We shall examine this document with the respect which is due to the high character and eminent talents of its author—at the same time with that freedom which belongs to the right of discussion—especially when we believe that the interests of humanity are deeply concerned in the issue.

The report, after a few preliminary remarks, sets out as follows: "In differing from those who may be in favor of establishing within this state a seminary for the education of the deaf and dumb at this time, I hope I shall not be considered by any as being opposed to the accomplishment of an object so truly benevolent in its character. The very reverse of this is the fact. It is only because I ardently desire to see this laudable object attained by the best means practicable, that I do not concur with those who may desire to effect it by the creation of such an institution within this Commonwealth at this time." Now with great deference to his Excellency, we humbly conceive that all the reasons which he assigns against the establishment or endowment of an asylum at this time, apply with equal force to any other time. If there be any force in his arguments, they will continue to operate, at least in a very essential degree, for a long period of years. What are his reasons?

"Schools for the instruction of the deaf and dumb differ from all other seminaries of education in this particular—that they can never prosper, except by means which may suffice to bring together, at one point, a sufficient number of pupils to commune with each other in their own peculiar mode, and to concentrate the interest necessary to be felt, and the efforts necessary to be used by those engaged in their instruction. No expense can accomplish the desired object, unless by the attainment of these means. Then, the question seems to be resolved into this: Can the Legislature of Virginia reasonably promise itself, that by the employment of any means which it ought to use, it may concentrate at any point within this state, sufficient inducements to draw thither the proper number of such pupils and of such instructers? I do not think this can be done."

We shall forbear answering this part of his Excellency's report, which we think is very easily done, until we spread still more of his reasons before the reader.

"The whole number of white persons in Virginia, of all ages, who were deaf and dumb, is shown by the last census to have been then four hundred and twenty-two only. The annual increase of such unfortunates (as shown by the calculations made upon the population of other countries less favorably situated in this respect than Virginia,) does not amount to more than about fifteen in a million—a number approaching so nearly to the annual decrease by natural causes, that the annual augmentation here must be very small indeed. Of the whole number of deaf and dumb in any state, even in those where the most liberal means have been employed to attract to their long established asylums all of that class who might be induced to resort thither, the proportion does not exceed one fifteenth. Thus in Connecticut, where the number of mutes, as shewn by the last census, was two hundred and ninety-five, there were not at their asylum, according to the last report of that institution which I have seen, more than eighteen persons of that number; and this after a period of sixteen years had elapsed since the commencement of this establishment. Yet in Connecticut the population is dense, and the inducements held out to send all their deaf and dumb to this asylum are very great indeed. So too in Pennsylvania, where the last census shews the whole number of mutes to have been seven hundred and twelve, the number of these at their excellent asylum, according to the last report, was only forty-eight, after this seminary had been opened fourteen years.

"If then," continues the Governor, "in Connecticut, where there are two hundred and ninety-five mutes, there cannot be collected at such an institution, after sixteen years, more than eighteen of that number; and if in Pennsylvania, where the number of mutes is seven hundred and twelve, only forty-eight of that number can be induced to avail themselves of the advantages held out by its admirable institution, after —— years; it is unreasonable to suppose that the sparse population of Virginia could supply a sufficient number of pupils to attain the great object had in view by the establishment of a seminary here like that proposed. For it must not be overlooked, that the supply of pupils to every school will bear some proportion to the expense of maintaining them while there, and that in older institutions, this expense will be necessarily much less than in those of more recent origin."

The Governor would have shed much more light upon this branch of the subject, if he had expressed his opinion as to the precise number of pupils which it was necessary to bring together, in order that they might "commune with each other in their own peculiar mode;" and which, according to his view of the subject, is necessary to the existence and prosperity of all such institutions. That opinion however he has not indicated; but has left us to infer that as not more than one in fifteen has ever been induced, according to the experience of other institutions, to resort to them for instruction, even by the employment of the most liberal means,—that proportion of the whole number of free white deaf mutes in Virginia, would not be sufficient to justify the commencement of such an establishment here. One fifteenth of the whole number in Virginia, at the last census, would be twenty-eight. That number, however, will not suffice, and we must wait longer. How long, it is impossible to tell—inasmuch as from his Excellency's reasoning, the increase must be very inconsiderable—being not more than at the rate of sixteen annually for every million of inhabitants; and from this must be deducted the decrease from natural causes. Let us suppose then that the annual increase in Virginia is sixteen, and that the annual decrease is twelve, leaving a yearly increment of four to the whole number in the state. Now as, according to Governor Tazewell's views, not more than one in fifteen of the whole number can be induced to attend a school of instruction, it requires not the aid of Cocker to demonstrate that several years must elapse before even an additional pupil can be added to the twenty-eight above stated. Candor compels us therefore to declare that we think this part of his Excellency's report very unsound in its reasoning. He seems to have founded his argument upon the supposition that the deaf and dumb pupils to be educated at the proposed asylum in Virginia, are to be maintained from their own resources, or the private liberality of their friends; whereas, the very object of applying for Legislative aid, is to enable many of these indigent children of misfortune to obtain instruction at the public expense. If this was not the ground of the Governor's reasoning, why does he suppose that not more than one-fifteenth of the whole number of deaf mutes could be induced to resort to a seminary for instruction? Does he mean that a larger proportion could not be obtained if the public expense were proffered for their education and subsistence? If he does, then we humbly think that his Excellency is most egregiously mistaken.

Strange as it may seem however, whilst the Governor in the part of his report which we have quoted, seems to reason upon the idea that Legislative aid is desired for the sole purpose of endowing an asylum at the commencement, and that the annual cost of supporting and educating the pupils is to be drawn from private sources,—he nevertheless suggests as the preferable mode, that the Legislature should annually appropriate a sufficient sum for the maintenance of a given number of pupils at the institutions of Connecticut or Pennsylvania. Let him speak in his own language:

"If the benevolent purpose of instructing the deaf and dumb be the great object of those who desire the establishment of a seminary of this kind in Virginia at this time, the principal question must be, by what means can such an object be best attained? The considerations I have mentioned will probably suffice to shew, that much proficiency cannot reasonably be expected from a school of this kind created here now, nor for many years yet to come, except at a cost to the public very far exceeding any public benefit that could possibly be derived from it. The benevolence of the object might perhaps justify such an expenditure for its accomplishment, if no other means existed. But when other means are open, by which the same benevolent purpose may be attained, even better, and at much less expense, it seems difficult to assign any reason why the better and cheaper mode should not be preferred. This better mode seems to me to be, to appropriate a portion of the sum it must require to create and to perpetuate such an establishment here, to the advancement of the same object in some other seminary already established in one of the other states. All the eastern states (except Rhode Island, I believe,) have pursued this course in regard to the seminary at Hartford, in Connecticut; and I understand that New Jersey, Delaware and Maryland have adopted the same plan with respect to the seminary in Pennsylvania."

In what way, let us ask, is this annual appropriation which the Governor recommends, to be expended? Upon the indigent of course—upon those to whose intellectual night the providence of God has superadded the gloom of poverty; and these objects of public sympathy and bounty are to be selected we presume from various parts of the commonwealth, according to some equitable rule hereafter to be established. Now we humbly think, that whatever inducements could prevail upon the friends of these unfortunates, to send them from three to five hundred miles abroad, in order to partake of the state's charity, would operate with much greater force if the place of their destination were somewhere within our own limits. Of this fact we presume there can be no question. The father or guardian of an indigent deaf mute in one of the border counties of this commonwealth, would vastly prefer Richmond, Staunton or Charlottesville as the place of his education, to either of the cities of Philadelphia or Hartford. There are, moreover, many strong and obvious reasons why a state institution should be patronized, in preference to any other. The public funds would be expended on our own soil, and among our own population. The state would be even richer, by the introduction among us of that peculiar science, which reveals the mysterious intercourse of human minds deprived of the usual inlets to the understanding. The Governor himself seems to be aware that the encouragement of every good thing among ourselves, rather than to be dependent upon others for their enjoyment, is an honest, natural and patriotic prejudice; and accordingly he takes some pains to encounter and overthrow it. Hear him.

"Although I will not admit that there is a single citizen within the limits of Virginia more desirous than I am to domesticate here every thing needful to the well being of the state, yet I neither consider many of what are called modern improvements as coming within this description, nor do I regard it as wise to attempt such domestication prematurely. It is among the wise dispensations of Providence, that all things really necessary to man are placed within the grasp of every community composed of men, and that much of what is not necessary, but convenient only, is of easy acquisition in every civilized society. But when you ascend higher in the scale, and seek to teach or to learn all the sublime and long hidden truths of modern science, it is perhaps fortunate for our race that there are not many any where who feel the inclination to become scholars, and very few indeed who are qualified to teach such lessons. Such science may truly say she is of no country; for no single country on the habitable globe could fill the chairs of the instructers, or the forms of the pupils. Accident generally lays the foundation of such seminaries, and the contributions of the civilized world are required to erect and preserve the edifice. Does any country grudge to pay her quota to the common stock, or seek to pluck from the wing of science the particular feather which such country may claim as her own?—each will do so in its turn—and the bird which might have soared to a sightless height, when stripped of its plumage, will but flutter on the surface, unable to wing her way on high."

Now we confess that we do not understand to our entire satisfaction this extract from the report. The figure of the bird with the plucked plumage, neither strikes us as in very good taste nor very intelligible; but as we have more to do with his Excellency's arguments than his rhetoric, we shall leave the latter to those who are better skilled than we are in following "the mazes of metaphorical confusion." The governor proceeds:

"If this is the case with science, in what may now be considered its higher departments, how much stronger is the appeal humanity makes in favor of benevolence and christian charity. These are of no country, certainly. They but sojourn on earth, teaching frail man to do his duty to his maker, in providing for the wants of his unfortunate fellows, so far as is practicable. To them it must be of little consequence indeed, whether the mute by nature is made a rational being by arts employed in his education, either in one place or another. So far as regards the unfortunate mute, the only inquiry is, where can he be best taught? The only inquiry of the benevolent ought to be, where can he be so taught at the least cost? This last is an inquiry suggested not less by benevolence than the former; for as the means of even charity are necessarily limited, that application of them is best which promises to do the greatest good with the least expenditure.

"To all this let me add, that if there is any thing better calculated than any other to cement our union, and to keep bright the chain which I trust will bind these states together while time lasts, it will be found in the contributions of each to the advancement of objects approved by all, without any jealous regard to the actual spot at which such a general good may commence. If a generous spirit of this sort is but once manifested, its effects will be soon seen and felt by all. Acts of kindness will not fail to induce forbearance and to generate sympathy. When each state shall feel, that for the aid it requires to accomplish any object of general utility, it may rely confidently on its co-states, there will be no more applications to the federal government to pervert the language of the constitution, in order to accomplish the unholy scheme of robbing a minority to enrich a majority. Then, those who contend but for the spoils of the vanquished, may be safely left to the contempt which such a motive cannot fail to inspire with all the generous and the good. It would have been worthy of Virginia to set such an example: it is worthy of her to imitate that which others have already taught."

It is in these passages that we think lurks the fallacy, and we might add, the mischief of the Governor's views. He sets out first by deprecating all legislative interference on the subject. "Let us alone" is his cardinal maxim, and the maxim of the school of political economists to which he belongs.—Let individuals take care of themselves and of each other, but let not government presume to thrust its paternal care upon the community. In the next place, however, if the State, according to his Excellency's notions, will officiously obtrude into these private matters—why then let the funds of the Commonwealth go abroad and enrich some sister State.—These kind offices will brighten the chain of union which binds the States together. They will teach us all to rely more upon each other, and less upon the general government. This is the sum and substance of the Governor's reasoning; and dangerous and fallacious as we believe it to be, we feel the stronger obligation, coming from the high quarter it does, to resist and refute it if we can. It may be justly asked, if there be any thing sound in this specious appeal to the generous feelings of the States, why have not the States carried out the doctrine themselves? Why has North Carolina for example, proverbially styled the Rip Van Winkle of the South, been so blind to her own interests and duty, as not to send her deaf and dumb children to Hartford, instead of erecting an asylum at home? Why have Ohio and Kentucky been guilty of the similar folly of founding institutions themselves? We think we can answer these questions in the only way in which they can be answered, and that is, that these younger States—these (for the most part) daughters of the Old Dominion, are wiser in their generation than their venerable mother. They have discerned their true interests, in fostering their own establishments. Did any one ever dream that Kentucky had given cause of offence to her sister States, by erecting an asylum for the poor mutes? We apprehend not. The truth is, that his Excellency the Governor, is entirely mistaken in his views upon this subject. State pride,—State sovereignty,—State independence,—jealousy of the federal government,—whatever you please to call it, is best preserved by each individual State taking care of its own resources, and building up its own establishments. What a ridiculous business it would be, if twenty-four families in the same neighborhood, were to act upon the principle that each was to take care of all the rest in preference to itself? How will the twenty-four States ever be strong, unless each State will attend particularly to the developement of its own latent powers and capacities—unless each will apply its own energies for its own benefit? Pursue the Governor's doctrine to all its remote consequences, and see to what absurdities we are driven. The University of Virginia was a most palpable violation of the courtesy and good feeling due to our sister States. Besides, according to his Excellency, would it not have been cheaper to send our sons as usual to Cambridge, and Princeton, and Yale, rather than incur the enormous expense of erecting a splendid establishment from the State Treasury? The University, by the way, furnishes a very strong case, favoring, in many of the views in which it may be regarded, the positions and doctrines of Governor Tazewell; yet what Virginian regrets even the lavish expenditure by which that institution has been endowed?—Who does not rather rejoice, that in his native State, at the base of Monticello, the domes of science have been reared, to scatter its light to the present and future generations?

The truth is, and most melancholy is the truth, that many of our leading men in Virginia, perhaps the far greater number, are inclined to acquiesce in this fatal doctrine of State apathy—this most paralyzing policy of passive inertness,—whilst the world at large, and many other portions of the Union, are marching in advance of us, with a celerity which defies calculation. Governor Tazewell might well have applied his figure of the bird despoiled of its plumage, to our poor, old and venerable mother. Her daughters, and sisters, and brothers—almost the whole family—no doubt with the best intentions in the world—are practising, in one way or other, on the old lady's kind feelings and generous principles. Our worthy and excellent friends East of the Hudson, send us their notions—their long provender, their vegetables and brooms, and beg us, by all means, to buy them, because it is cheaper to do so, than to divert our labor from our valuable staples. They send us also their excellent cottons, and other fabrics of their looms, which we take liberally, although we have a good deal of surplus labor, and the finest water power in the Union.—Our near neighbor and almost twin sister Maryland, is pushing, with a degree of enterprise which does her credit, her internal improvements into the heart of our own territory—and we——we have too much grace and politeness to say to her, that it is rather an intrusion. Our most filial and amiable daughters to the West, send to us their hogs, horses and cattle—and we pay them, at least so says the buyer, most tremendous prices. All these drains from our prosperity, and many more which might be enumerated, we submit to, with a degree of patience and composed resignation that even Job might have envied. Our Eagle is indeed stripped of its plumage, to adorn others more fearless and adventurous on the wing.

But to return to the Report. The Governor thinking it probable that the Legislature might not concur in his views, either to give the whole subject of a deaf and dumb asylum the go-by, or to adopt the alternative of sending the indigent pupils into other States, presents various views touching the management of such institutions—the general correctness of which we are not disposed to question. At one thing, however, we are somewhat surprised, and that is, that his Excellency seems not to have been aware of the existence within this State, of an incorporated asylum, prepared to go into operation whensoever the public shall extend its patronage. The Report seems to have been founded upon a voluminous mass of documents, which are deposited in the public library, for the use of the Legislature. Not having access to them, we shall content ourselves with a reference to such others as lay within our reach, in order to present, in a few strong lights, the importance and necessity of such an institution in Virginia.

At the session of 1825-'6, Governor Pleasants communicated to the Legislature the first annual report of the trustees of the Kentucky institution, and also the ninth annual report of the Hartford Asylum. The first mentioned document is particularly important, inasmuch as it exhibits at once the success which attended a first experiment, under circumstances extremely disadvantageous. The report of the trustees made to the Kentucky Legislature was referred to a joint committee of the two Houses,—who visited the asylum at Danville, and who, among other things, stated, on their return, "that they were greatly gratified in witnessing the progress made by the pupils, whose facility and correctness in comprehending the signs made by the teacher, and expressing their ideas, exceeded any thing that could have been anticipated by the most sanguine friends of the institution." They further state the following extraordinary facts, which ought at once to dispel all prejudice, and unite all hearts in support of a system of instruction, attended by such beneficent results. "All those who had been instructed in the asylum for FOUR MONTHS, wrote good hands, spelled correctly, and answered promptly and correctly, numerous questions that were proposed to them by the teacher and members of the committee." It also appears that the whole number of pupils, at the end of the first year, was only twenty-one—a number, which, according to Governor Tazewell's theory, is not sufficient for the purpose of mutual communion, in their peculiar mode—but which, in the instance before us, would seem to establish the very reverse of that proposition.

The report from the Hartford Asylum, which is dated in 1825, is particularly interesting, as furnishing extraordinary proofs of the progress of the pupils, both in moral and intellectual attainments. We think, if Governor Tazewell had been so fortunate as to light upon this document, he would scarcely have urged as a reason for postponing an asylum in Virginia, that the science of instructing the deaf mute was continually advancing, and was likely to be more perfect some years hence than at present. Doubtless this peculiar and valuable art will improve, and so will many other branches of knowledge which are even now in a highly advanced state. Natural history, chemistry, and the physical sciences generally, are constantly enlarging their boundaries, and extending their acquisitions—but shall we, on that account, remain in ignorance of what they now teach, in the vain hope that by and by they will reach the maximum of perfection? Strange doctrine truly!

We have already referred to the memorial of the trustees of the Staunton institution, and the report of the committee of schools and colleges—both of which interesting papers will be found among the printed legislative documents of last winter, and ought to be reprinted for distribution among the members of that body, now in session. We hope that the Legislature will take the subject into its speedy and earnest consideration, and that, in the language of the Kentucky report, they will hearken to the "claims of those whom God, in the mysterious dispensations of his providence, has deprived of the faculty of hearing and of speech; of whom an eloquent divine has said, 'silence like theirs is eloquence.'"

COLONIAL MANNERS.

A picture of the House of Burgesses of Maryland in 1766.

We have been politely favored with the sight of a letter from an illustrious philosopher and statesman, written at Annapolis on the 25th May, 1766, to his friend in Virginia, from which we make the subjoined curious extract. It is no less instructive than amusing to trace the progress of society from its rude and simple beginnings, to that more perfect form produced by civilization and refinement. It may be doubted however, whether the degree of decorum prevailing in the legislative body of a country, furnishes more than an imperfect index to the state of public manners. We will venture to assert that in 1766, the very year when the Burgesses of Maryland are represented as no better than a "mob," the Colonial Assembly of Virginia exhibited as fine a picture of gravity and dignity as could be well conceived; and yet we have no reason to believe that the people of Maryland at that day were less civilized than their brethren south of the Potomac. Perfectly aware as we are of the faults of our countrymen, we have nevertheless always contended that the Virginians are the most remarkable people in the world for the observance of a certain peculiar affability towards each other, not only in their public bodies, but in private intercourse. We mean Virginians of the genuine old stock—not the new race who have sprung up among us like mushrooms, and are trying to introduce an awkward imitation of European customs. These latter are some of them weak enough to think that the sudden acquisition of fortune, without merit on their part, or a voyage or two to London or Paris, are of themselves sufficient to constitute a finished gentleman. Real refinement is founded upon good sense, and upon kindness and good will towards our fellow man, and never can co-exist with purse-proud arrogance or conceited vanity.

In reference to our public assemblies, it is a common remark, and we have no doubt a just one, that there is more order, decorum and dignity in the Virginia Legislature, than in the House of Representatives of the United States. In the latter body the members sit with their hats on, write letters and read newspapers, whilst one of their members is addressing the chair, or the speaker is putting the question. Such disorder is rarely seen in the Capitol of the Old Dominion.

——"I will now give you some account of what I have seen in this metropolis. The Assembly happens to be sitting at this time; their upper and lower house as they call them, sit in different houses. I went into the lower, sitting in an old courthouse, which judging from its form and appearance, was built in the year one. I was surprised on approaching it, to hear as great a noise and hubbub as you will usually observe at a public meeting of the planters in Virginia. The first object which struck me after my entrance, was the figure of a little old man, dressed but indifferently, with a yellow queue wig on, and mounted in the judge's chair. This, the gentleman who walked with me, informed me was the speaker, a man of a very fair character, but who, by the by, has very little the air of a speaker. At one end of the justices' bench stood a man whom in another place I should, from his dress and phiz, have taken for Goodall the lawyer in Williamsburg, reading a bill then before the house with a schoolboy tone, and an abrupt pause at every half dozen words. This I found to be the clerk of the Assembly. The mob (for such was their appearance) sat covered on the justices' and lawyers' benches, and were divided into little clubs, amusing themselves in the common chitchat way. I was surprised to see them address the speaker without rising from their seats, and three, four and five at a time, without being checked. When a motion was made, the speaker, instead of putting the question in the usual form, only asked the gentlemen whether they chose that such or such a thing should be done, and was answered by a yes sir, or no sir; and though the voices appeared frequently to be divided, they never would go to the trouble of dividing the house; but the clerk entered the resolutions, I supposed, as he thought proper. In short, every thing seems to be carried without the house in general knowing what was proposed."

For the Southern Literary Messenger.

WESTERN SCENERY.

EXTRACT OF A LETTER FROM A WESTERN TRAVELLER.

We had rode about a mile, when my guide said, that if I was willing to go a hundred yards out of the way, he could show me something worth seeing. I no sooner assented to this, than he cast around him his keen woodsman's glance, and then, turning his horse in a direction slightly diverging from the road, struck into the woods. I followed, and presently observed that we were pursuing a course nearly parallel to what seemed to be a precipice, beyond the verge of which I caught glimpses of a vast extent of country. Without allowing me time to see any thing distinctly, my guide pushed on, and, spurring to the top of an Indian barrow, placed himself and me at the desired point of view.

We were on the spot that overlooks the confluence of Salt River with the Mississippi. Having once travelled an hundred miles to see the Natural Bridge, and having heard from Mr. Jefferson that that sight was worthy of a voyage across the Atlantic, I certainly did not grudge the price I had paid for the view that opened on me.

The confluence of the rivers is nearly at right angles. The hill descends with equal abruptness towards each, and, at first glance, the apex seems to overhang the water of each. But this is not so. The descent, perhaps, wants two or three degrees of perpendicularity, and, at the bottom, there is a narrow border of low-ground, fringing the banks with lofty trees. The appearance of these trees gave the only measure of the height of the hill. To the eye they might be bushes. My guide assured me they were of the tallest growth.

To the East, across the Mississippi, lay what is called Howard's bottom. This is, as its name imports, a body of low ground. Its width is said to be, in some places, not less than six miles, and to be nearly uniform for a distance of sixty. Of this I could not judge. It seemed that it might be so. I was nearly opposite the middle of it, and overlooking the whole. Next the water was a border of the most luxuriant forest, apparently some half a mile in width, and beyond this, a Prairie reaching to the foot of the hills, interspersed with masses of forest, and groves, and stumps, and single trees, among which, here and there, were glittering glimpses of the Chenaille ecartee, which traverses the whole length of it. You, who know the vesture in which nature clothes these fertile plains, need not be told how rich and soft was the beautiful picture thus spread beneath my feet. Its setting was not less remarkable. This was a perpendicular wall of limestone, two or three hundred feet high, which bounds the valley on the East. An occasional gap, affording an outlet to the country beyond, alone broke the continuity of this barrier. To the North, lay the extensive plain through which Salt River winds. I have no idea of its extent. It is a vast amphitheatre, surrounded by lofty and richly-wooded hills. The plain itself is of wood and Prairie interspersed, and so blended, that every tree seems placed for effect.

You are not to suppose, because I do not launch out in florid declamation about the beauty, and grandeur, and magnificence, and all that, of this scene, that it was less striking than you would naturally suppose it must be. You know that I have neither talent nor taste for fine writing, so you must take the picture as I give it, and draw on your own imagination for the garniture. I have said nothing of the rivers, but to tell you they were there, and flowing through a landscape of many hundred thousand acres of the richest land on earth, with the most beautifully variegated surface, all spread out under my feet. I felt that the scene was sublime; and it is well for your patience, that I have learned that sublime things are best described in fewest words. It is certainly the finest I ever saw. There may be others equal to it, but the earth does not afford room for many such. What will it be, when it becomes "a living landscape of groves and corn-fields, and the abodes of men?" As it is, if the warrior, on whose tomb I stood, could raise his head, he would see it in nothing changed from what it was when his last sun set upon it.

THOM'S GROUP OF STATUARY,

FROM BURNS'S TAM O'SHANTER.

These remarkable specimens of sculpture, have been recently exhibited in this city, and have attracted, we believe, universal admiration. The artist is a native of Ayrshire, Scotland,—which also gave birth to the Immortal Bard, whose conceptions are so happily illustrated by the genius of the sculptor. Not pretending ourselves to any of those mysterious capabilities, which are claimed by connoiseurs and amateurs, to judge of the productions of art; we rely upon our simple perceptions of what is both true and excellent, in their design and execution. The following is the passage from Burns, which the artist has chosen in order to give visible and tangible form to the poet's fancy:

Ae market night,
Tam had got planted unco right,
Fast by an ingle, bleezing finely,
Wi' reaming swats, that drank divinely;
And at his elbow Souter Johnny,
His ancient trusty, drouthy crony:
Tam lo'ed him like a vera brither;
They had been fou for weeks thegither.
The night drave on wi' sangs and clatter,
And aye the ale was growin' better:
The landlady and Tam grew gracious,
Wi' favours, secret, sweet, and precious:
The Souter tauld his queerest stories,
The landlord's laugh was ready chorus:
The storm without might rair and rustle,
Tam did na mind the storm a whistle.

Never perhaps, as is well observed by a political journal in this city, was the genius of art so truly impressed upon stone, as in the present instance,—to represent human bodies in a state of petrifaction. A reader of Romance, would almost imagine that the wand of enchantment had passed over the merry group, and had frozen the currents of life—without disturbing the mirth, enlivened feature, the arch and humorous look,—or the easy and careless attitudes of nature. We admire the productions of the great masters of modern times, or, of classical antiquity—but, whilst we gaze, we never once even imagine that the promethean spark might have animated the marble. Belonging, as most of them do, to the ideal schools of sculpture—imbodying all that is fair and beautiful, in the artist's conception; rather than what is absolutely true in the visible forms of nature,—they do not strike us with the same irresistible force, or so instantly seize upon our feelings—as does the rude, simple, but faithful sculpture of this unlettered and inexperienced Scottish stone-cutter. Considering that Mr. Thom was entirely ignorant of the rules of his art,—that he had not even the advantage of first modelling his productions in clay,—that the group from Tam O'Shanter is among his first efforts, and that each of these fine pieces, was hewn at once out of the shapeless stone, without the power of correcting the mistakes of his chisel as he proceeded,—the mind is lost in wonder at the vigor and originality of his genius. Such a man is worthy the birthplace of Robert Burns,—who little thought whilst he was sketching the hilarities of the ale-house, that one of his countrymen would so soon arise to present in the forms and models of a sister art, so fine a representation of the scene. The following detailed account of the artist, and of his singularly successful labors, is extracted from an Edinburg journal. We copy it from "The People's Magazine." It will be highly interesting to most of our readers:

James Thom, the sculptor of these wonderful figures, is a native of Ayrshire, and of respectable parentage near Tarbolton. Although, like those of his countryman and inspirer, his relatives were all engaged in agricultural pursuits, (his brothers, we understand, possess large farms,) the young man himself preferred the occupation of a mason, and was, accordingly, apprenticed to a craftsman in Kilmarnock. This profession was probably selected as offering the nearest approach to the undefined workings and predilections of his own inexperienced mind, since he was not, as in the instance of several sculptors of eminence, thrown first into the trade of a stone mason by the force of circumstances. This would appear from his showing little attachment to the drudgery of the art: accordingly, his first master is understood to have pronounced him rather a dull apprentice. From the beginning, he seems to have looked forward to the ornamental part of his calling; and in a country town where there was little or no opportunity of employment in that line, to those more immediately concerned, he might appear less useful than a less aspiring workman. The evidences of young Thom's diligence and talent at this time, however, still remain in numerous specimens of carving in stone, which he himself still considers, we are told, as superior to any thing he has yet done.

His term of apprenticeship being expired, Mr. Thom repaired to Glasgow in pursuit of better employment. Here his merits were immediately perceived, and so well rewarded, that his wages were considerably higher than the ordinary rate.

In his present profession, Mr. Thom's career may be dated from the commencement of the winter of 1827. Being employed at this time in the immediate neighborhood, he applied to Mr. Auld, of Ayr, who afterwards proved his steady and judicious friend, for permission to take a sketch from a portrait of Burns, with the intention of executing a bust of the poet. This is a good copy of the original picture by Mr. Nasmyth, and is suspended in the very elegant and classical monument, from a design by Mr. Hamilton, erected to the memory of the bard, on the banks of the Doon, near "Allowa's auld haunted kirk." The permission was kindly granted; doubts, however, being at the same time expressed, how far the attempt was likely to prove successful, Mr. Thom not being then known in Ayr. These doubts seemed to be confirmed, on the latter returning with a very imperfect sketch, taken by placing transparent paper on the picture. These occurrences happened on the Wednesday, consequently nothing could be done till Thursday, when materials were to be procured, and other arrangements made, before the work was absolutely begun. The surprise then may be conceived, on the artist returning on the Monday following with the finished bust. In this work, though somewhat defective as a likeness, the execution, the mechanical details, and the general effect, were wonderful, especially when viewed in connexion with the shortness of the time and the disadvantage of being finished almost from memory—the very imperfect outline, already mentioned, being the only external guide. It was this general excellence that encouraged the proposal of a full length figure—a proposal to which the artist gave his ready assent, stating that he had wished to undertake something of the kind, but did not consider it prudent, without any prospect of remuneration, to hazard the expense both of the block of stone and the loss of time. On this Mr. Auld offered to procure any stone from the neighboring quarries which the artist might judge fit for his purpose. Several days elapsed in this search; in the meantime, the matter was rather laughed at than encouraged; and some apprehensions of failure, and exposure to consequent comments, being expressed, "Perhaps," said the artist, endeavoring to re-assure his friends, "I had just better try my hand at a head, as a specimen o' Tam." This being agreed to, he returned to Crosby church-yard, where he was then employed upon a grave-stone. The day following happened to be one of continued rain; and, finding that the water filled up his lines; probably, too, thinking more on "glorious Tam," than on the memento mori he was attempting to engrave, our artist resolved to take time by the forelock, and to set about the "specimen head" directly. Accordingly, pulling from the ruins of the church of Crosby a rabat of the door-way, as a proper material for his purpose, he sat himself down among the long rank grass covering the graves, and in that situation actually finished the head before rising. Nay, more, although the day has been described to us "as a dounright pour," so total was his absorption in the work—so complete his insensibility to every thing else, that he declares himself to have been unconscious of the "rattling showers," from the moment he commenced. Such is the power of genuine and natural enthusiasm in a favorite pursuit. This head, which contained perhaps, more expression than even that of the present figure, decided the matter. Next day, the block requisite for a full-length of Tam o' Shanter, was brought into Ayr, a load for four stout horses, and placed in a proper workshop, within Cromwell's fort.

It may be interesting to mention a few particulars of the manner in which these figures have been composed and finished.—"Tam" was selected by the artist as a subject for his chisel. The figure is understood to bear a strong traditional resemblance to the well-known Douglass Graham, some forty years ago a renowned specimen of a Carrick farmer, and who, residing at Shanter, furnished to Burns the prototype of his hero.

—— Souter Johnnie,
His antient, trusty, drouthie cronie—

is said to be a striking likeness of a living wight—a cobbler near Maybole; not that this individual sat for his portraiture, but that the artist appears to have wrought from the reminiscences of two interviews with which he was favored, after twice travelling 'some lang Scotch miles,' in order to persuade the said "souter" to transfer his body, by means of his pair of soles, from his own to the artist's studio. The bribe of two guineas a-week, exclusive of "half-mutchkins withouten score," proved, however, unavailing, and the cobbler remained firm to the last. By this refusal, "the birkie" has only become poorer by the said couple of guineas, and certain "half-mutchkins drouthier," for so true has the eye of the sculptor proved, that every one is said instantly to recognise the cobbler's phiz and person. A strange perverseness, indeed, or fatality, or what you will, seems to have seized upon all the favored few selected as fitting archetypes for these admirable figures. For, Tam's "nether man" occasioning some anxiety in the perfecting of its sturdy symmetry, a carter, we believe, was laid hold of, and the gamashins, being pulled on for half-an-hour, Tam's right leg was finished in rivalship of the said gentleman's supporter. It appears to have been agreed upon that he should return at a fitting opportunity, having thus left Tam "hirpling:" but, in the interval, the story of the sitting unfortunately taking air, and the soubriquet of "Tam o' Shanter" threatening to attach to the lawful and Christian appellations of the man of carts, no inducement could again bring him within the unhallowed precincts of our sculptor's work-room. In like manner, though at a somewhat later period, while the artist was engaged upon the figure of the landlady, no persuasion could prevail upon one of the many "bonny lasses" who have given such celebrity to Ayr, to exhibit even the "fitting of their pearlings" to Mr. Thom's gaze. One sonsy damsel, on being hard pressed to grant a sitting, replied, "Na, na, I've nae mind to be nickinamed 'landlady;' and, as for gudewife, twa speerings maun gang to that name."

It will, doubtless, excite the admiration of every one in the slightest degree conversant with the Arts, that these figures, so full of life, ease and character, were thus actually executed without model, or drawing, or palpable archetype whatsoever. The artist, indeed, knows nothing of modelling; and so little of drawing, that we question if he would not find difficulty in making even a tolerable sketch of his own work. The chisel is his modelling tool—his pencil—the only instrument of his art, in short, with which he is acquainted, but which he handles in a manner, we may say, almost unprecedented in the history of sculpture.—This, however, is the minor part; for we think, nay, are sure, we discover in this dexterity of hand, in this unerring precision of eye, in this strong, though still untutored, conception of form and character—the native elements of the highest art. These primodial attributes of genius, by proper culture, may do honor to the country and to their possessor. At all events, instruction will refine and improve attempts in the present walk of art, even should study be unable to elevate attainment to a higher. Now, however, it would be not only premature, but unjust, to criticise these statues as regular labors of sculpture. They are to be regarded as wonderful, nay, almost miraculous, efforts of native, unaided, unlearned talent—as an approach to truth almost in spite of nature and of science; but they do not hold with respect to legitimate sculpture—the high-souled, the noblest, the severest of all arts—the same rank as, in painting, the works of the Dutch masters do as compared with the lofty spirits of the Romans—precisely for this reason, that while similar subjects are not only fit, but often felicitous, subjects for the pencil, they are altogether improper objects of sculptural representation.

Though, from the circumstance of being the principals in the composition, and from the intrinsic excellence of their conception, these two figures have chiefly occupied the public attention, they ought not to induce forgetfulness of the artist's other labors. These, besides the Landlord and his mate, consist of several¹ copies, in various sizes, of this original group, and of numerous sculptures, of different character and purpose, from a "head-stane" upwards, executed by Mr. Thom, since his residence in Ayr as a professional stone-cutter. Here his studio is the resort of all intelligent strangers who visit this ancient and beautiful burgh; while his modest manners, and moral worth have conciliated the respect of every one. The character of the Landlady is well sustained, as the buxom bustling head of a well frequented "change-house." Her lord and master, on the other hand, is represented as one who has little to say in his own house, and better qualified to drink, than to earn his pint. The former seems by no means disinclined to reciprocate glances with Tam; while the latter is so convulsed with laughter at the Souter's stories, as to be hardly capable of maintaining the equipoise of the foaming tankard in his hand. Neither, however, is equal in graphic truth and humor to their two companions. A more gigantic, but by no means so happy a work, is the statue of the Scottish patriot, lately placed in the niche of the New Tower, just erected in Ayr, on the site of the ancient "Wallace Tower" of Burns. In fact, we regard this figure as nearly a failure. It possesses neither the truth of nature, nor the dignity of ideal representation. Omitting others of less moment, we shall pass to the most perfect of all Mr. Thom's works—the figure of "Old Mortality." This, though only a model, and not yet, we believe, even commissioned in stone, offers by far the most striking evidence of genius in its author.² The costume, attitude, and expression of the old man, as he is represented sitting upon a grave-stone, which he has been occupied in cleaning, are most admirable; and perhaps no artist ever more completely realized the exquisite conception of the original mind. The history of this composition supplies a striking instance of the power of genius over spirits of a congenial stamp, and of the singular coincidences which sometimes take place in its manner of conceiving the same sentiment. During a voyage to London, in a Leith steam packet, Mr. Thom one day found in the cabin, Sir Walter's delightful tale of Old Mortality, which he had never read. Taking it up, he quickly became entirely engrossed in the narrative. The description of the old man, to whom posterity is indebted for many a record, else lost, of our single-minded sufferers for conscience' sake—so fixed itself upon the artist's imagination, that he instantly conceived the idea of representing it in sculpture. By way of concentrating his thoughts, he sketched a figure in the imagined attitude, on one of the boards of the book he had been reading. Pleased with his idea, he transferred it to his pocket-book. A few days after his arrival in London, he was introduced to our celebrated countryman, Wilkie, who, with his accustomed kindness, showed him his portfolios. Mr. Thom's surprise may be imagined, when in one of these he found a sketch of Old Mortality, almost identical with his own, executed by Wilkie several years before. The same thought had struck both, and almost in the same manner.

¹ There are now five sets; three of which are the size of life, and two, four and twenty inches high. One set is, or is to be deposited at the temple called the tomb of Burns, in Ayrshire.—Another belongs to Lord Cassili. The third is in this country.

² Since the above has been published, Thom has nearly finished his Old Mortality in a block too small for his conception, and which will oblige him to execute an entirely new figure.

[We extract the following affecting story from the "Western Monthly Magazine." Though written in the form of romantic narrative, it presents one of the strongest cases we recollect to have seen, in which innocence is overborne by powerful but false appearances of guilt. It is certainly a strong illustration of the danger of convicting a fellow creature, upon what is technically called presumptive evidence, a topic upon which the gentlemen of the bar are furnished with as wide a field for the display of professional ingenuity, as upon any other in the whole compass of jurisprudence. That it is often safe, and indispensably necessary however to rely upon such kind of evidence, is so obvious in itself—and so well established as a legal maxim—that the danger of sometimes convicting, upon a train of specious but deceptive circumstances, is less than the evil of acquittal in the absence of positive, conclusive, and infallible testimony.]

CIRCUMSTANTIAL EVIDENCE.

A TALE FOUNDED ON FACT.

The circumstances which I am about to relate, are familiar to many now living. In some particulars I have varied from the truth; but if in the relation of an event which excited intense interest, at the time of its occurrence, I shall succeed in impressing upon any one, the delusive character of circumstantial evidence, my object will be attained.

Beneath the magnificent sycamores which bordered a lovely stream in the southwest part of Kentucky, a company of emigrants had pitched their encampment, for the night. The tents were set up, the night-fire threw its gleam upon the water, the weary horses were feeding, the evening repast was over, and preparations were made for repose. The party consisted of three brothers, with their families, who were wending their way to the new lands of the distant Missouri. On their visages, where the ague had left the sallow traces of its touch, few of the nobler traits of the human character were visible. Accustomed to reside upon the outskirts of society, little versed in its forms, and as little accustomed to the restraints of law, or the duties of morality, they were the fit pioneers of civilization, because their frames were prepared for the utmost endurance of fatigue, and society was purified by their removal. Theirs were not the fearless independence, and frank demeanor which marks the honest backwoodsman of our country; but the untamed license, and the wiley deportment of violent men, who loved not the salutary influence of the law, nor mingled of choice with the virtuous of their own species.

As they stirred the expiring fires, the column of light, mingled with the smoke and cinder, that rose towards the clear sky of the mild May night, revealed two travellers of a different appearance, who had encamped on the margin of the same stream. One was a man of thirty. Several years passed in the laborious practice of medicine, in a southern climate, had destroyed his constitution, and he had come to breathe the bracing air of a higher latitude. The wing of health had fanned into new vigor the waning fires of life, and he was now returning to the home of his adoption with a renovated frame. The young man who sat by him, was a friend, to whom he had paid a visit, and who was now attending him, a short distance, on his journey. They had missed their way, and reluctantly accepted a sullen permission of the emigrants to share their coarse fare, rather than wander in the dark, through unknown forests. Hamilton, the younger of the two, was, perhaps, twenty-seven years of age—and was a young gentleman of prepossessing appearance, of cultivated mind, and of a chivalrous and sensitive disposition. His parents were indigent, and he had, by the energy of his own talents and industry, redeemed them from poverty, and placed them in easy circumstances. In one of his commercial expeditions down the Mississippi, he had met with Saunders, the physician. An intimacy ensued, which though brief, had already ripened into mature friendship.

'Affection knoweth nought of time,
It riseth like the vernal flowers;
The heart pulse is its only chime,
And feelings are its hours.'

Together they had hunted over the flowery barrens, and through the majestic forests of their native state—had scaled the precipice, and swam the torrent—had explored the cavern, and visited whatever was wonderful or curious in the region around them; and both looked forward, with painful feelings, to the termination of an intercourse which had been pleasing and instructive.—As they were to separate in the morning, the evening was spent in conversation—in that copious and involuntary flow of kindness and confidence which the heart pours out at the moment when friends are about to sever, when the past is recalled and the future anticipated, and friendship no longer silent, nor motionless, displays itself like the beauty of the ocean wave, which is most obvious at the moment of its dissolution.

Early in the morning, the two friends prepared to pursue their journey. As they were about to depart, one of the emigrants advanced towards them, and remarked:

'I reckon, strangers, you allow to encamp at Scottville to-night?'

'Yes,' said Saunders, 'I do.'

'Well, then, I can tell you a chute, that's a heap shorter than the road you talk of taking—and at the forks of Rushing river, there's a smart chance of blue clay, that's miry like, and it's right scary crossing at times.'

Supposing they had found a nearer and better road, and one by which a dangerous ford would be avoided, they thanked their informant, and proceeded on their journey.

In some previous conversations, Saunders had learned, that his friend had recently experienced some heavy losses, and was at this time much pressed for money, and wishing to offer him assistance, had from time to time deferred it, from the difficulty of approaching so delicate a subject. As the time of parting approached, however, he drew the conversation to that point, and was informed that the sum of five hundred dollars, would relieve his friend from embarrassment. Having a large sum in his possession, he generously tendered him the amount required, and Hamilton, after some hesitation, accepted the loan, and proposed to give his note for its repayment, which Saunders declined, under the plea that the whole transaction was a matter of friendship, and that no such formality was requisite. When they were about to part, Hamilton unclasped his breast-pin, and presented it to his friend. 'Let this,' said he, 'remind you sometimes of Kentucky—I trust, that when I visit you next year, I shall not see it adorning the person of some favored fair one.' 'I have not so much confidence in you,' laughingly returned the other; and, handing him a silver-hafted penknife curiously embossed, 'I am told that knives and scissors are not acceptable presents to the fair, as they are supposed to cut love, so I have no fear that Almira will get this—and I know that no other human being would cause you to forget your friend.' They then parted.

As Hamilton was riding slowly homeward, engaged in thought, and holding his bridle loosely, a deer sprang suddenly from a thicket, and fell in the road, before his horse, who started and threw him to the ground. In examining the deer, which had been mortally wounded, and was still struggling, some of the blood was sprinkled on his dress, which had been otherwise soiled by his fall. Paying little attention to these circumstances, he returned home.

Though his absence had been brief, many hands grasped his in cordial welcome, many eyes met his own in love, for few of the young men of the county were so universally beloved, and so much respected as Hamilton. But to none was his return so acceptable as to Almira ——. She had been his playmate in infancy, his schoolmate in childhood, in maturer years their intimacy had ripened into love, and they were soon to be united in the holiest and dearest of ties. But the visions of hope were soon to pass from before them, as the mirage of the desert, that mocks the eye of the thirsty traveller, and then leaves him a death-devoted wanderer on the arid waste.

A vague report was brought to the village, that the body of a murdered man was found near Scottville. It was first mentioned by a traveller, in a company where Hamilton was present; and he instantly exclaimed, 'no doubt it is Saunders—how unfortunate that I left him!' and then retired under great excitement. His manner and expressions awakened suspicion, which was unhappily corroborated by a variety of circumstances, that were cautiously whispered by those, who dared not openly arraign a person whose whole conduct through life had been honest, frank, and manly. He had ridden away with Saunders, who was known to have been in possession of a large sum of money. Since his return, he had paid off debts to a considerable amount. The penknife of Saunders was recognized in his hands—yet none were willing, on mere surmise, to hazard a direct accusation.

The effect of the intelligence upon Hamilton was marked. The sudden death of a dear friend is hard to be supported—but when one who is loved and esteemed, is cut off by the dastardly hand of the assassin, the pang of bereavement becomes doubly great, and in this instance, the feelings of deep gratitude which Hamilton felt towards his benefactor, caused him to mourn over the catastrophe, with a melancholy anguish. He would sit for hours in a state of abstraction, from which even the smile of love could not awaken him.

The elections were at hand; and Hamilton was a candidate for the legislature. In the progress of the canvass, the foul charge was openly made, and propagated with the remorseless spirit of party animosity. Yet he heard it not, until one evening as he sate with Almira, in her father's house. They were conversing in low accents, when the sound of an approaching footstep interrupted them, and the father of Almira entered the room. 'Mr. Hamilton,' said he, 'I am a frank man—I consented to your union with my daughter, believing your character to be unstained—but I regret to hear that a charge has been made against you, which, if true, must render you amenable to the laws of your country. I believe it to be a fabrication of your enemies—but, until it shall be disproved, and your character as a man of honor, placed above suspicion, you must be sensible that the proposed union cannot take place, and that your visits to my house must be discontinued.'

'What does my father mean?' inquired the young lady, anxiously, as her indignant parent retired.

'I do not know,' replied the lover, 'it is some electioneering story, no doubt, which I can easily explain. I only regret that it should give him, or you, a moment's uneasiness.'

'It shall cause me none,' replied the confiding girl: 'I cannot believe any evil of you.'

He retired—sought out the nature of the charge, and to his inexpressible astonishment and horror, learned that he was accused of the murder and robbery of his friend! In a state little short of distraction, he retired to his room, recalled with painful minuteness all the circumstances connected with the melancholy catastrophe, and for the first time, saw the dangerous ground on which he stood. But proud in conscious innocence, he felt that to withdraw at that stage of the canvass, might be construed into a confession of guilt. He remained a candidate, and was beaten. Now, for the first time, did he feel the wretchedness of a condemned and degraded man. The tribunal of public opinion had pronounced against him the sentence of conviction; and even his friends, as the excitement of the party struggle subsided, became cold in his defence, and wavering in their belief of his innocence. Conscious that the eye of suspicion was open, and satisfied that nothing short of a public investigation could restore him to honor, the unhappy young man surrendered himself to the civil authority, and demanded a trial. Ah! little did he know the malignity of man, or the fatal energy of popular delusion! He reflected not that when the public mind is imbued with prejudice, even truth itself ceases to be mighty. Many believed him guilty, and those who, during the canvass, had industriously circulated the report, now labored with untiring diligence to collect and accumulate the evidence which should sustain their previous assertions. But arrayed in the panoply of innocence, he stood firm, and confident of acquittal. The best counsel had been engaged—and on the day of trial, Hamilton stood before the assembled county—an arraigned culprit in the presence of those before whom he had walked in honor from childhood.

As the trial proceeded, the confidence of his friends diminished, and those who had doubted, became confirmed in the belief of the prisoner's guilt. Trifles light as air became confirmations strong as proofs of Holy Writ to the jealous minds of the audience, and one fact was linked to another in curious coincidence, until the chain of corroborating circumstances seemed irresistibly conclusive. His recent intimacy with the deceased, and even the attentions which friendship and hospitality had dictated, were ingeniously insisted upon as evidences of a deliberate plan of wickedness—long formed and gradually developed. The facts, that he had accompanied the deceased on his way—that he had lost the path in a country with which he was supposed to be familiar—his conduct on hearing of the death of his friend—the money—the knife—caused the most incredulous to tremble for his fate. But when the breast-pin of Hamilton, found near the body of the murdered man, was produced—and a pistol, known to have been that of the prisoner, was proved to have been picked up near the same spot—but little room was left, even for charity to indulge a benevolent doubt. Nor was this all—the prosecution had still another witness—the pale girl who sate by him, clasping his hand in hers, was unexpectedly called upon to rise and give testimony. She shrunk from the unfeeling call, and buried her face in her brother's bosom. That blow was not anticipated—for none but the cunning myrmidons of party vengeance, who had even violated the sanctuary of family confidence, in search of evidence, dreamed that any criminating circumstance was in the possession of this young lady. At the mandate of the court, she arose, laid aside her veil, and disclosed a face haggard with anxiety and terror. In low tremulous accents, broken with sobs, she reluctantly deposed, that the clothes worn by her brother, on his return from that fatal journey, were torn, soiled with earth, and bloody! An audible murmur ran through the crowd, who were listening in breathless silence—the prisoner bowed his head in mute despair—the witness was borne away insensible—the argument proceeded, and after an eloquent, but vain defence, the jury brought in a verdict of guilty! The sentence of death was passed.

* * * * *

The summer had passed away. The hand of autumn had begun to tinge with mellow hues the magnificent scenery of the forest. It was evening, and the clear moonbeams were shining through the grates of the prisoner's cell. The unhappy man, haggard, attenuated, and heart-broken, was lying upon his wretched pallet, reflecting alternately upon the early wreck of his bright hopes, the hour of ignominy that was just approaching, and the dread futurity into which he should soon be plunged. It was the season at which his marriage with Almira was to have been solemnized. With what pride and joy had he looked forward to this hour! And now, instead of the wedding festivities, the lovely bride, and the train of congratulating friends, so often pictured in fancy, he realized fetters, a dungeon, and a disgraceful death! The well-known tread of the jailer interrupted the bitter train of thought. The door opened, and as the light streamed from a lantern across the cell, he saw a female form timidly approaching. In a moment Almira had sunk on her knees beside him, and their hands were silently clasped together. There are occasions when the heart spurns all constraint, and acts up to its own dictates, careless of public opinion, or prescribed forms—when love becomes the absorbing and overruling passion—and when that which under other circumstances would be mere unlicensed impulse, becomes a hallowed and imperious duty. That noble-hearted girl had believed to the last, that her lover would be honorably acquitted. The intelligence of his condemnation, while it blighted her hopes, and withered her health, never disturbed for one moment her conviction of his innocence. There is an union of hearts which is indestructible, which marriage may sanction, and nourish, and hallow, but which separation cannot destroy—a love that endures while life remains, or until its object shall prove faithless or unworthy. Such was the affection of Almira; and she held her promise to love and honor him, whose fidelity to her was unspotted, and whose character she considered honorable, to be as sacred, as if they had been united in marriage. When all others forsook, she resolved never to forsake him. She had come to visit him in his desolation, and to risk all, to save one who was dear and innocent in her estimation, though guilty in the eyes of the world.

The jailer, a blunt, though humane man, briefly disclosed a plan, which he, with Almira, had devised, for the escape of Hamilton. He had consented to allow the prisoner to escape, in female dress, while she was to remain in his stead, so that the whole contrivance should seem to be her own. 'I am a plain man,' concluded the jailer, 'but I know what's right. It 'aint fair to hang no man on suspicion—and more than that, I am not agoing to stand in no man's way—especially a friend who has done me favors, as you have. I go in for giving every fellow a fair chance. The track's clear, Mr. Hamilton, and the quicker you put out, the better.'

To his surprise, the prisoner peremptorily refused the offer.

'I am innocent,' said he; 'but I would suffer a thousand deaths rather than injure the fair fame of this confiding girl.'

'Go, Dudley—my dear Dudley,' she sobbed: 'for my sake, for the sake of your broken-hearted father and sister—'

'Do not tempt me—my dear Almira. I will not do that which would expose you to disgrace.'

'Oh, who would blame me?'

'The world—the uncharitable world—they who believe me a murderer, and have tortured the most innocent actions into proofs of deliberate villainy, will not hesitate to brand you as the victim of a cold-blooded felon. And why should I fly? to live a wretched wanderer, with the brand of Cain on my forehead, and a character stamped with infamy?'—

He would have said more—but the form, that during this brief dialogue, had sunk into his arms, was lying lifeless on his bosom. He kissed her cold lips, and passionately repeated her name—but she heard him not—her pure spirit had gently disengaged itself, and was flown forever. Her heart was broken. She had watched, and wept, and prayed, in hopeless grief, until the physical energies of a delicate frame were exhausted: and the excitement of the last scene had snapped the attenuated thread of life.

Hamilton did not survive her long. His health was already shattered by long confinement, and the chaffing of a proud spirit. Almira had died for him—and his own mother—oh! how cautiously did they whisper the sad truth, when he asked why she who loved him better than her own life, had forsaken him in the hour of affliction—she, too, had sunk under the dreadful blow. His father lived a withered, melancholy man, crushed in spirit; and as his sister hung like a guardian angel over his death-bed, and he gazed at her pale, emaciated, sorrow-stricken countenance, he saw that she, too, would soon be numbered among the victims of this melancholy persecution. When, with his last breath, he suggested that they would soon meet, she replied: 'I trust that God will spare me to see your innocence established, and then will I die contented.' And her confidence was rewarded—for God does not disappoint those who put their trust in him. About a year afterwards, a wretch, who was executed at Natchez, and who was one of the three persons named in the commencement of this narrative, confessed that he had murdered Saunders, with a pistol which he had found at the place where the two friends had slept. 'I knew it would be so,'—was the only reply of the fast declining sister—and soon after she was buried by the side of Dudley and Almira.—Reader, this is not fiction—nor are the decisions of God unjust—but his ways are above our comprehension.

EMILLION.

LAW LECTURE AT WILLIAM AND MARY.

A Lecture on the Study of the Law; being an Introduction to a course of lectures on that subject, in the College of William and Mary, by Beverley Tucker, Professor of Law.—Richmond: T. W. White. Nov. 1834.

It is impossible for a Virginian not to feel an interest in old William and Mary. Recollecting the many able men who have been nurtured within its walls, and signalized as lawyers, legislators and statesmen, we cannot but feel gratified at every effort in its behalf that promises to be of use. From the time of Judge Semple's last appointment as Judge of the General Court, until the month of July, the law chair had remained vacant. A vacancy in so important a department continuing for so long a period, could not fail to be prejudicial to the institution. It was in vain that the other professorships were ably filled. The circumstance of the lectures in the law department being suspended, made many fear that the other professorships would one by one share the same fate—that this vacancy was but a precursor to others—that a failure to fill this would be followed by like failures hereafter—and that in a few years the doors of this venerable pile would be closed. These inferences are strengthened by the fact, that a very important professorship (the professorship of mathematics) had formerly been permitted to remain vacant for even a longer period than that which is the subject of these brief reflections. With such anticipations, it is no wonder that every class has latterly been characterized by the smallness of its numbers.

The Board of Visiters, at their meeting in July, resolved that the vacancy should continue no longer, and conferred the appointment of law professor upon Beverley Tucker. Mr. Tucker is well known as a writer upon constitutional questions, and his appointment to the bench of another state, after a short residence in it, affords evidence of the estimation in which his legal attainments were there held. The same professorship to which he is now appointed, was filled many years ago by his father St. George Tucker, whose edition of Blackstone's Commentaries, and subsequent appointment first in the state and then in the federal judiciary, have given him a reputation with members of the bar throughout the Union.

The letter and answer which precede the introductory lecture of Professor Tucker, sufficiently explain the circumstances under which that lecture is published.

Williamsburg, October 27, 1834.

Dear Sir:—The students of William and Mary, highly gratified by your able and eloquent address, delivered before them this day, have held a special meeting, and by unanimous vote adopted the following resolution:

Resolved, (At a meeting of the students in the large lecture room on the 27th inst.) That a committee be appointed to address a note to Professor Tucker, for the purpose of expressing their admiration of the able and interesting lecture which he has this day delivered, introductory to his course on law, and to solicit the same for publication.

We hope for your assent to this request, and in performing this agreeable duty, we tender you our sentiments of respect and esteem.

JNO. W. DEW,
WM. T. FRENCH,

CHAS. H. KENNEDY,
JOHN MURDAUGH,

Committee.

Professor Tucker.

Williamsburg, October 28, 1834.

Gentlemen:—I acknowledge the receipt of your polite note, and am happy to comply with the request which it conveys. Identified with the College of William and Mary by the early recollections and warm affections of youth, I have nothing so much at heart as a desire to be found worthy to aid in restoring that venerable institution to all its former prosperity and usefulness. Your approbation is dear to me, as encouraging a hope that my efforts may not be unavailing. If I shall be so fortunate as to send out into the world but one more, to be added to the list of illustrious men, who are every where found upholding, with generous, devoted and enlightened zeal, the free institutions inherited from our fathers, in their true spirit, I shall have my reward. If I can succeed in impressing on my class the conviction, that freedom has its duties, as well as its rights, and can only be preserved by the faithful discharge of those duties, I shall have my reward. If I can do no more than to furnish to the profession members devoted to its duties, and qualified to sustain its high character for intelligence and integrity, by diligence and fidelity even in its humblest walks, I shall still have my reward. In either case I shall have rendered valuable service, to you, to this venerable institution, to this scene of my earliest, happiest and best days, and to Virginia—my mother—the only country to which my heart has ever owned allegiance. Far as my feet have wandered from her soil, my affections have always cleaved to her, and as the faithful mussulman, in every clime, worships with his face towards the tomb of his prophet, so has my heart ever turned to her, alive to all her interests, jealous of her honor, resentful of her wrongs, partaking in all her struggles, exulting in her triumphs, and mourning her defeats. May she again erect herself to her former proud attitude and walk before the children of liberty in the pathless desert where they now wander, as a "cloud by day, and a pillar of fire by night."

For yourselves, gentlemen, and those whom you represent, be pleased to accept my acknowledgments for the compliment implied in your application. I would ask you to accept the expression of another sentiment, if I knew how to express it. Returning to Williamsburg after an absence commencing in early life, the long and dreary interval seems obliterated. I find myself remitted at once to the scenes and to the feelings of youth. It would seem more natural to me to come among you as a companion than as an instructer. But this may not be much amiss. My business is with your heads, but the road to them is through the heart, and if I can only bring you to understand and reciprocate my feelings, there will be nothing wanting to facilitate the communication of any instruction I may be capable of bestowing.

I remain, gentlemen, with high regard, your friend and obedient servant,

B. TUCKER.

To Messrs. J. W. Dew, John Murdaugh, Wm. T. French, and Chs. H. Kennedy.

YOUNG GENTLEMEN:

I gladly avail myself of an established custom, to offer some remarks on the mutual relation into which we have just entered, and the studies which will occupy our attention during the ensuing course.

This day is to you the commencement of the most important æra of life. You have heretofore been engaged in studies, for the most part useful, but sometimes merely ornamental or amusing. The mind, it is true, can hardly fail to improve, by the exertion necessary to the acquisition of knowledge of any kind, even as the athletic sports of the boy harden and prepare the body for the labors of the man. But, in many particulars, what you have heretofore learned may be of little practical value in the business of life; and your past neglects may perhaps be attended with no loss of prosperity or respectability in future. Some of you are probably acquainted with sciences of which others are ignorant; but are not for that reason any better prepared for the new course of studies on which you are about to enter. Nor will such knowledge necessarily afford its possessors any advantage at the bar, or in the senate, or on any of the arenas, where the interests of individuals and nations are discussed, and the strifes of men decided. But the time is now past with you, young gentlemen, when you can lose a moment, or neglect an opportunity of improvement, without a lasting and irreparable detriment to yourselves. You this day put on the toga virilis, and enter on the business of life. This day you commence those studies on which independence, prosperity, respectability, and the comfort and happiness of those who will be dearest to you, must depend. For, trust me, these things mainly depend on excellence in the profession or occupation, whatever it may be, which a man chooses as the business of his life. The humblest mechanic will derive more of all these good things from diligence and proficiency in his trade, than he possibly can from any knowledge unconnected with it.

This, which is true of all occupations, is most emphatically true of that which you have chosen. To be eminent in our profession is to hold a place among the great ones of the earth; and they, who devote themselves to it, have the rare advantage of treading the path which leads to the highest objects of honorable ambition, even while walking the round of daily duties, and providing for the daily wants of private life. The history of our country is full of proof that the bar is the road to eminence; and I beg you to remark how few of its members have attained to this eminence in public life, without having been first distinguished in the profession. To win its honors, and to wear them worthily, is to attain an elevation from which all other honors are accessible: but to turn aside disgusted with its labors, is to lose this vantage ground, and to sink again to the dead level of the common mass. You should therefore learn to look on the profession of your choice, as the source from whence are to flow all the comforts, the honors, and the happiness of life. Let it be as a talisman, in which, under God, you put your trust, assuring yourselves that whatever you seek by means of it you will receive.

I have the more naturally fallen into these remarks, as they are in some sort suggested, and are certainly justified by the history of this institution. If you trace back the lives of the men, who at this moment occupy the most enviable pre-eminence in your native state, you will find that they received the rudiments of their professional and political education at this venerable but decayed seminary. There are certainly distinguished members of the profession, and illustrious men out of the profession, to whom this remark does not apply. But when Virginia (Magna Parens Virum,) is called on to show her jewels, to whom does she more proudly point than to men who once occupied those very seats; who here received the first impulse in their career; who here commenced that generous strife for superiority which has placed them all so high.

The subject of our researches, young gentlemen, will be the municipal law of Virginia. The text book which will be placed in your hands is the American edition of Blackstone's Commentaries, published thirty years ago by one of my predecessors in this chair. You will readily believe that it would be my pride to walk, with filial reverence by the lights which he has given us, and that, in doing so, I should feel secure of escaping any harsh animadversion from those to whom I am responsible, and who still cherish so favorable a recollection of his services. I shall certainly endeavor to avail myself of this privilege; though it may be occasionally necessary to assume a more perilous responsibility. A brief sketch of the plan which I propose to myself, will show you how far I shall follow, and wherein, and why, I shall deviate from the path which he has traced.

Municipal law is defined by Mr. Blackstone, "to be a rule of civil conduct prescribed by the supreme power of the state." By Justinian it is said, "Id quod quisque populus sibi jus constituit, vocatur jus civile:" which has been well rendered thus: "It is the system of rules of civil conduct which any state has ordained for itself."

Whatever definition we adopt, we shall find that municipal law is distinguishable into four grand divisions, which may be properly designated by the following description:

1. That which regulates the nature and form of the body politic; which establishes the relation that each individual bears to it, and the rights and duties growing out of that relation, which determines the principles on which it exercises authority over him; and settles a system of jurisprudence by which it operates to protect and enforce right, and to redress and punish wrong.

2. That which determines the relations of individual members of society to each other; which defines the rights growing out of that relation; and regulates the right of property, and such personal rights as must subsist even in a state of nature.

3. That which defines the wrongs that may be done by one individual member of society to another, in prejudice of his rights, whether of person or property, and provides means for preventing or redressing such wrongs.

4. That which defines and denounces the wrongs which may be done by any individual member of society, in violation of the duties growing out of his relation to the body politic, and provides means for preventing and punishing such violation.

The first of these divisions is treated by Mr. Blackstone in his first book, under the comprehensive head of "The Rights of Persons." Under the same head he includes so much of the second division as relates to such personal rights as must have belonged to man in a state of nature, and such as grow out of his relation to other individual members of society. Such are the relative rights of husband and wife, parent and child, guardian and ward, and master and servant—and the absolute rights, of personal liberty, and of security to life, limb and reputation. These rights are obviously not the creatures of civil society, however they may be regulated and modified by municipal law. They in no wise depend on "the nature or form of the body politic;" nor on "the relations which individuals bear to it;" nor on "the rights and duties growing out of that relation;" nor on "the principles on which it exercises authority over individuals;" nor on "the system of jurisprudence."

As little indeed do they depend on "the rights of property," but they have much in common with them. Together with them, they collectively form the mass of "individual rights," as contradistinguished from "political rights." Neither class derives its existence from civil society, although both are alike liable to be regulated by it, and the two together form the subject of almost all controversies between man and man. Now with rights in actual and peaceable enjoyment, law has nothing to do. It is controversy which calls it into action; and as both this class of personal rights, and the rights of property, have the same common origin—both subsisting by titles paramount to the constitutions of civil society; as both are the ordinary subjects of controversy between individuals; and as these controversies are all conducted according to similar forms, decided by the same tribunals, and adjusted by the like means,—it is found convenient to arrange them together in a course of instruction. Such I believe has always been the practice in this institution. Proposing to conform to it, I have thought it best, in the outset, to intimate this slight difference between this practice and Mr. Blackstone's arrangement.

There is another particular in which Mr. Blackstone's order of instruction has been advantageously changed at this place. His is certainly the true philosophical arrangement of the subject. When we are told that "municipal law is a rule of civil conduct prescribed by the supreme power in the state," it is obvious to ask, "what is that supreme power, and whence comes its supremacy?" When we are told that it is "the system of rules of civil conduct, which the state has ordained for itself," the first inquiry is, "what is the state?" Thus whatever definition of municipal law we adopt, the subject of inquiry that meets us at the threshold is the Lex Legum; the law which endues the municipal law itself with authority.

If the individual to be instructed were one who had heretofore lived apart from law and government, yet capable (if such a thing were possible) of understanding the subject, it is here we ought to commence. To him it would be indispensable to explain, in the first instance, the structure of the body politic; to specify the rights surrendered by individuals; and to set before him the equivalent privileges received in exchange. We too might be supposed to require a like exposition before we would be prepared to submit to the severe restraints and harsh penalties of criminal law. But in regard to controversies between individuals we feel no such jealousies. In these, the law, acting but as an arbiter, indifferent between the parties, no question concerning its authority occurs to the mind. The readiness with which we acquiesce in its decisions, is strikingly manifested in the fact, that the whole of England, Ireland and the United States are, for the most part, governed by a law which has no voucher for its authority but this acquiescence. The same thing may be said of the authority of the civil law on the continent of Europe. It thus appears that the mind does not always require to be informed of the origin of the law which regulates and enforces, or protects individual rights, before it will condescend to inquire what are its behests. Prima facie it should be so; but being, in point of fact, born in the midst of law, habituated to it from our infancy, and accustomed to witness uniform obedience to its authority on the part of those whom we were taught to obey, we learn to regard it as a thing in rerum natura, rather than of human invention; a sort of moral atmosphere, which, like that we breathe, seems a very condition of our existence.

There is therefore no inconvenience to be apprehended from taking up the subject in an inverted order, treating first of individual rights, and reserving those that grow out of the relation of the citizen to the body politic, and the correlative duties of that relation, for future inquiry.

While there is nothing to be objected to this arrangement, there is much in favor of it. It is important that they who engage in the study of political law, should come to the task with minds prepared for it; well stored with analogous information, and sobered and subdued by the discipline of severe investigation. There is a simplicity in some views of government which is apt to betray the student into a premature belief that he understands it thoroughly; and then, measuring the value of his imagined acquirements, not by the labor that they have cost him, but by the dignity and importance of the subject, he becomes inflated, self-satisfied and unteachable; resting in undoubting assurance on the accuracy and sufficiency of such bare outline as his instructer may have thought proper to place before him. But in those countries where the authority of government rests on a questionable title, they who are entrusted with the education of youth, may naturally wish to keep them from looking into it too narrowly. Hence it may be a measure of policy with them, to introduce the student, in the first place, to the study of political law, in the hope of making on his raw and unpractised mind, such an impression, as may secure his approbation of the existing order of things. The faculty of investigating legal questions, and forming legal opinions, may almost be regarded as an acquired faculty; so that, in the earlier part of his researches, the student necessarily acquiesces in the doctrines which are pronounced ex cathedra by his teacher. At this time he readily receives opinions on trust; and if it be his interest to cherish them, or if he is never called on in after life to reexamine them, he is apt to carry them with him to the grave. This is perhaps as it should be in England and other countries of Europe. Having no part in the government, it may be well enough that he should learn to sit down contented with this sort of enlightened ignorance.

But with us the case is different. The authority of our governments is derived by a title that fears no investigation. We feel sure, that, the better it is understood, the more it will be approved. It rests too on a charter conferring regulated and limited powers; and the well being of the country requires that the limitations and regulations be strictly observed. Now every man among us has his "place in the commonwealth." It is on the one hand, the duty of every man to aid in giving full effect to all legitimate acts of government; and on the other, to bear his part in restraining the exercise of all powers forbidden or not granted. Every man therefore owes it to his country to acquire a certain proficiency in constitutional law, so as to act understandingly, when called on to decide between an alleged violation of the constitution, and an imputed opposition to lawful authority. Such occasions are of daily occurrence. Scarcely a day has passed, since the adoption of the federal constitution, when some question of this sort has not been before the public. Such is the effect of that impatience of restraint natural to man. So prompt are the people to become restive under laws of questionable authority, and so apt are rulers to strain at the curb of constitutional limitations, that one or the other, or both of these spectacles, is almost always before us.

When you come then, young gentlemen, to the study of political and constitutional law, you will find it no small advantage to have been engaged for some months before in studies of a similar character. The opinions you will then form will be properly your own. I may not be so successful as I might wish, in impressing you with those I entertain; but I shall be more gratified to find you prepared to "give a reason for the faith that is in you," whatever that faith may be, than to hear you rehearse, by rote, any political catechism that I could devise. I shall accordingly postpone any remarks on constitutional and political law, until your minds have been exercised and hardened by the severe training they will undergo in the study of the private rights of individuals, of wrongs done in prejudice of such rights, and of the remedies for such wrongs. All these topics are embraced in the second and third division of municipal law, that I have laid before you.

To these belong the most intricate and difficult questions in the science of law. In introducing you to the study of these, let me say, in the language of one from whom I am proud to quote, that, "I cannot flatter you with the assurance that 'your yoke is easy and your burden light.' I will not tell you that your path leads over gentle ascents and through flowery meads, where every new object entices us forward, and stimulates to perseverance. By no means! The task you have undertaken is one of the most arduous; the profession you have chosen one of the most laborious; the study you are about to pursue, one of the most difficult that can be conceived. But you have made your election. You have severed yourselves from the common herd of youth, who shrink from every thing that demands exertion and perseverance. You have chosen between the allurements of pleasure and the honors which await the disciples of wisdom. You yield to others to keep the noiseless tenor of their way in inglorious ease. You have elected for yourselves the path that philosophers and moralists represent as leading, up a rugged ascent, to the temple of fame. It may be the lot of some of you to elevate yourselves by talents and unabating zeal, in the pursuit you have selected. But these distinguished honors are not to be borne away by the slothful and inert. Nulla palma sine pulvere. He who would win the laurel, must encounter the sweat and toil of the arena. Nor will it suffice that he occasionally presses on to the goal. If he slackens in his efforts he must lose ground. We roll a Sisyphean stone to an exalted eminence. He who gives back loses what his strength had gained; and sinking under the toil his own indolence increases, will at length give up his unsteady efforts in despair."—1. T. C. Introduction, p. vi.

I can add nothing to these striking remarks but my testimony to their truth. There is, perhaps, no study that tasks the powers of the mind more severely than that of law. In it, as in the study of mathematics, nothing is learned at all that is not learned perfectly; and a careless perusal of Euclid's elements would not be more unprofitable, than that of a treatise on the laws of property. Nor will a mere effort of memory be of more avail in the one case than in the other. Both must be remembered by being understood; by being through the exercise of intense thought, incorporated as it were into the very texture of the mind. To this end its powers must be fully and faithfully exerted. As, in lifting at a weight, you do but throw away your labor, until you man yourself to the exertion of the full measure of strength necessary to raise it; so, in this study, you may assure yourselves that all you have done is of no avail, if you pass from any topic without thoroughly understanding it. And let no man persuade you that genius can supply the place of this exertion. Genius does not so manifest itself. The secret of its wonderful achievements is in the energy which it inspires. It is because its prompting sting, like the sharp goad of necessity, urges to herculean effort, that it is seen to accomplish herculean tasks. He is deceived who fancies himself a favored child of genius, unless he finds his highest enjoyment in intellectual exercise. He should go to the toil of thought like the champion to the lists, seeking in the very certaminis gaudia the rich reward of all his labors.

There may be something startling, I fear, in this exhibition of the difficulties that lie before you, and it is proper to encourage you by the assurance that by strenuous effort they may be certainly overcome. Remember too that this effort will be painful only in the outset. The mind, like the body, soon inures itself to toil, and wears off the soreness consequent on its first labors. When this is done, the task becomes interesting in proportion to its difficulty, and subjects which are understood without effort, and which do not excite the mind to thought, seem flat and insipid.

But lest the student should falter and give back in his earlier struggles, it is the duty of the teacher to afford him such aids as he can. This is mainly to be done by means of such an analysis and arrangement of the subject as may prevent confusion, and consequent perplexity and discouragement.

There are two sorts of analysis, each proper in its place. The one philosophical, by which the different parts of a subject are so arranged, as to exhibit in distinct groups those things that depend on the same or like principles, and such as are marked by characteristic points of resemblance; giving a sort of honorary precedence to the most important. The other sort of analysis may be termed logical. It is that method by which different propositions are so arranged, as that no one of them shall ever be brought under consideration, until all others which may be necessary to the right understanding of that one, have been established and explained. Of this last description sire Euclid's elements, in which it is interesting to observe that no one proposition could with propriety be made to change its place; each one depending for its demonstration, directly or indirectly, upon all that have gone before.

Blackstone's Commentaries may be cited as an example of philosophical analysis. He has indeed been careful to avoid perplexing his reader, through the want of a strictly logical arrangement, by dealing chiefly in generalities, and never descending to such particulars as might be unintelligible for want of a knowledge of matters not yet treated of. This I take to be the reason why his work has been characterized as being "less an institute of law, than a methodical guide or elementary work adapted to the commencement of a course of study. He treats most subjects in a manner too general and cursory to give the student an adequate knowledge of them. After having pursued his beautiful arrangement, he is obliged to seek elsewhere for farther details. After having learnt the advantage of system, he is almost at the threshold of the science, turned back without a guide, to grope among the mazy volumes of our crowded libraries. This cannot be right. If system is of advantage at all, it is of advantage throughout. Were it practicable, it would be better for the student to have a single work, which embracing the whole subject, should properly arrange every principle and every case essential to be known preparatory to his stepping on the arena. Much, very much indeed, would still be left to be explored in the course of his professional career, independent of the apices juris, which the most vigorous and persevering alone can hope to attain."—Tucker's Commentary, Introduction, p. 4.

The justice of these remarks none can deny. It might be thought unbecoming in me to say how much the writer from whom I quote them has done to supply such a work as he describes. Yet I cannot suffer any feeling of delicacy to restrain me from the duty of recommending that work to your attentive perusal. I shall eagerly, too, avail myself of his permission to make frequent use of it, as I know of no book which so well supplies the necessary details to parts of the subject of which Mr. Blackstone has given only loose and unprofitable sketches. It is to be lamented that in doing this he has so strictly bound himself to the arrangement of that writer. That arrangement, as I have remarked, imposed on Mr. Blackstone the necessity of being occasionally loose and superficial. For want of one more strictly logical, the Virginia Commentator often finds it impossible to go into the necessary detail, without anticipating matters which properly belong to subsequent parts of his treatise; and too often, where this is impracticable, topics and terms are introduced, the explanation of which is, perhaps, deferred to the next volume.

An instance will illustrate my meaning:—Mr. Blackstone classes remedies for private wrongs, thus: "first, that which is obtained by the mere act of the parties themselves; secondly, that which is effected by the mere act and operation of law; and thirdly, that which arises from suit or action in courts." Now, it probably occurred to him, that he could not go into details on the two first of these three heads, without presenting ideas which would be unintelligible to any who had not already studied the third. In striving to avoid this, he has touched so lightly upon the other two, that his remarks on the important subjects of distress and accords, which come under the first head, leave the student nearly as ignorant as they found him. For this there was no real necessity, as a knowledge of the two first heads is by no means necessary, or indeed at all conducive to the right understanding of the third. Had the pride of philosophical analysis, and symmetry of arrangement, been sacrificed to the laws of logic and reason, there was nothing to forbid the introduction of treatises on these important topics, as copious and elaborate as those supplied by the diligence and research of the Virginia Commentator. The manner in which this has been done, has made it manifest how unfavorable the arrangement of Mr. Blackstone sometimes is to amplification and minuteness. The essays of the President of the Court of Appeals on distresses and accords, leave nothing to be desired. Yet no one can read them profitably without having first studied the law of remedies by suit or action.

These, and some other instances of the same sort, have led me to this determination. Wishing to avail myself of the labors of the Virginia Commentator, without losing the benefit of Mr. Blackstone's analysis, I propose to preserve the latter, but to make occasional changes in his arrangement, substituting one more logical, though perhaps less philosophical. This, and the postponement of the study of political law, are the only liberties I propose to take. The fourth division, which relates to crimes and punishments, will be the last considered. This will be done not only in a spirit of conformity to Mr. Blackstone's plan, but also because one of the most important branches of criminal law has reference to an offence of which no just idea can be formed without a previous and diligent study of the Constitution and of the science of government.

This last mentioned subject, young gentlemen, I should perhaps pass over but lightly, were I free to do so, contenting myself with a passing allusion to its connexion with the study of the law, and the encouragement you should derive from the honorable rewards that await distinguished merit in our profession. But this is not a mere school of professional education, and it is made my duty, by the statutes of the College, to lecture especially on the constitution of this state and of the United States. In the discharge of this duty it may be necessary to present views more important to the statesman, than to the mere practitioner. When I think of the difficulty and high responsibility attending this part of my task, I would gladly escape from it; but considerations of its importance and of the benefit to the best interests of our country which has heretofore resulted from its faithful execution, come in aid of a sense of duty, and determine me to meet it firmly and perform it zealously.

The mind of the student of law is the ground in which correct constitutional opinions and sound maxims of political law should be implanted. The study of the common law involves the study of all the rights which belong to man in a state of society. The history of the common law is a history of the occasional invasions of these rights, of the struggles in which such invasions have been repelled, and of the securities provided to guard against their recurrence. A mind thoroughly acquainted with the nature and importance of the writ of habeas corpus, and the trial by jury, and rightly understanding the indestructible character of the right of private property, will hardly fail to be awake to any attack which may be aimed at liberty from any quarter. Hence liberty finds in the students of the law a sort of body guard. Their professional apprenticeship serves as a civil polytechnic school, where they are taught the use of weapons to be wielded in her defence. The history of our country from the first dawning of the revolution is full of proofs and examples of this. The clear view of the rights of the colonies which led to the Declaration of Independence, was one which hardly any but lawyers could have taken, and of the accuracy of which none but lawyers could have been sure. It was from them the ball of the revolution received its first impulse, and under their guidance it was conducted to the goal. Some few others were placed forward by circumstances; but they soon fell back, or found their proper place of service in the field; leaving the great cause to be managed by those whose studies qualified them to know where to insist, and where to concede; when to ward, and when to strike. The state papers emanating from the first congress will, accordingly, be found worthy to be compared with the ablest productions of the kind recorded in history; displaying an ability, temper, and address, which prepares the reader to be told that a large majority of the members of that body were lawyers.

In Mr. Blackstone's introductory lecture are some remarks on the importance of the study of the law to English gentlemen, strictly applicable to this view of the subject. "It is," says he, "perfectly amazing, that there should be no other state of life, no other occupation, art, or science, in which some method of instruction is not looked upon as necessary, except only the science of legislation, the noblest and most difficult of any. Apprenticeships are held necessary to almost every art, commercial or mechanical: a long course of reading and study must form the divine, the physician, and the practical professor of the laws: but every man of superior fortune thinks himself born a legislator. Yet Tully was of a different opinion: 'it is necessary,' says he, 'for a senator to be thoroughly acquainted with the constitution; and this,' he declares, 'is a knowledge of the most extensive nature; a matter of science, of diligence, of reflection; without which no senator can possibly be fit for his office.'"

If the part in the government allotted to the people of England renders this admonition important to them, how much more important must it be to us, who are in theory and in fact our own rulers. Not only is every office accessible to each one of us; but each, even in private life, as soon as he puts on manhood, assumes a "place in the commonwealth." In practice, as in theory, the SOVEREIGNTY OF THE STATE is in us. Born to the purple, the duties of that high destiny attach upon us at our birth; and unless we qualify ourselves to discharge them, we must cease to reproach the ignorance and folly, the passion and presumption, which so often disgrace the sovereigns of the old world, and heap wretchedness and ruin on their subjects. The same causes will have the like effects here as there. Power does not imply wisdom or justice, whether in the hands of the few or the many: and it is only by the diligent study of our duties in this important station that we can qualify ourselves so to administer its functions, as to save the free institutions inherited from our fathers, from the same reproach which the testimony of history fixes upon all other governments.

Not only is this true in reference to us as well as to the kings of the earth, but it is more emphatically true of us than of them. Whatever be their theory of sovereignty, and however they may prate about divine right, they all know, and feel, that, after all, they are but kings by sufferance. They may talk of absolute sovereignty, and claim for government that sort of omnipotence which is said to reside in the British parliament. But, after all, they know and feel, that there is much they cannot do, because there is much they dare not do. The course of events now passing in England is full of proof of this. We have just seen that same omnipotent parliament, new-modelling itself to suit the wishes of the people. This act indeed, was itself an exertion of this pretended omnipotence, but wisely and discreetly exercised, in surrendering power. It was certainly done with a very bad grace; and at this moment we see that body anxiously watching the temper of the multitude, and adapting its measures, not to the views of its members, not even to the views of the constituent body, but to the real or supposed interests of the great unrepresented mass. Such is the check, which in spite of all positive institutions, the physical force of numbers, however degraded, and, professedly, disregarded, must exercise over their rulers; and in this check, they find a motive to justice, forbearance, and circumspection, which, in a measure, restrains the abuse of power.

But may not we, the sovereign citizens of these states, abuse power too? When men are numerous and "strong enough to set their duties at defiance, do they cease to be duties any longer?" Does that which would be unjust as the act of ninety-nine, become just, as being the act of an hundred? Is it in the power of numbers to alter the nature of things, and to justify oppression, though it should fall on the head of only one victim? It would be easy to point to instances in which we all believe that majorities have done great wrong; and that under such wrongs we have suffered and are still suffering we all know. But where is the check on such abuse of power? Constitutional authority and physical force are both on the same side, and if the wisdom and justice of those who wield both does not freely afford redress, there arc no means of enforcing it. "There is no sanction to any contract against the will of prevalent power."

The justice of these ideas is recognized in the forms of all our governments. The limitations on the powers of congress and the state legislatures, are all predicated on the certain truth "that majorities may find or imagine an interest in doing wrong." Hence there are many things which cannot be lawfully done by a bare majority; and many more, which no majority, however great, is authorised to do. Two-thirds of the senate must concur in a sentence of impeachment. The life and property of an individual cannot be taken away but by the unanimous voice of his triers; and all the branches of all our governments collectively cannot lawfully enact a bill of attainder, or an ex post facto statute.

But though such acts are forbidden by the constitution, they may nevertheless be passed, and judges may be found to enforce them, if those holding legislative and judicial offices shall be so minded. The constituents, too, of a majority of the legislature may approve and demand such acts. Where then is the security that such things will not be done? Where can it be but in the enlightened sense of justice and right in the constituent body?

I am not sure that such restraints on the powers of public functionaries are not even more necessary in a republican government than in any other. A king can scarcely have a personal interest in ruining one portion of his dominions for the benefit of the rest, and he would not dare to ruin the whole, while a spark of intelligence and spirit remained among the people. But in a republic, whenever the inclination and the power to do such a wrong concur, the very nature of the case secures the rulers from all fear of personal consequences. The majority is with them. Their own constituents are with them. To these is their first duty; and shall they hesitate to do that which is to benefit their constituents, out of tenderness to those who are not their constituents? We know how such questions are answered, when the occasion is one where a fixed majority have a fixed interest in the proposed wrong. Is not this the reason why legislative encroachment so much disposes men to acquiesce in executive usurpation? Is it not this, which, when the barriers of constitutional restraint are seen to fall, drives minorities, as by a sort of fatal instinct, to seek shelter under the arm of a common master, from the all pervading tyranny of majorities exercising the power of universal legislation? The wrongs of America were the act of the parliament of England, goaded on by the people. It was they who claimed a right to legislate in all things for the colonies. It was they who demanded a revenue from America; and the colonies, eagerly looking to the crown for protection, maintained an unshaken loyalty, until the king was seen to take part with their oppressors. The wrongs of Ireland are the act of the people of England. Ireland is the rival of England in agriculture, manufactures and commerce; and every concession to the former, seems to the multitude to be something taken from the prosperity of the latter. But the representation of Ireland in parliament is to that of England as one to five; and when the Irish people cry to parliament for redress, they are answered as all appeals from minorities are answered by the representatives of majorities. But how would they be answered if the representative and constituent bodies were both thoroughly instructed in the sacred character and paramount authority and importance of the duties which belong to the high function of sovereignty? We justly deny and deride the divine right of kings; and we assert and maintain the divine right of the people to self government. And it is a divine right. It is a corollary from the right and duty to fulfil the purposes of our being, which accompany each one of us into the world. The right and the duty both come from the author of that being. He imposes the one when he gives the other, and thus fixes on us a responsibility which clings to us through life. We deceive ourselves if we think to get rid of any portion of this responsibility by entering into partnership with others, each one of whom brings into the concern the same rights, the same duties, and the same responsibilities;—neither more nor less than ourselves. We do but multiply, and divide again by the same number. Each receives, by way of dividend, the same amount of right, duty, and responsibility that he carried into the common stock. Of so high a nature are these, and so vast are the interests with which they are connected, that it has been truly said, that, whether we mount the hustings or go to the polls, we may well tremble to give or to receive the power which is there conferred.

Gentlemen; if these ideas be just, how important is the duty imposed on me by that statute of the college which requires me to lecture on constitutional law! How desirable is it that there should be every where schools, in which the youth of our country should be thoroughly imbued with correct opinions and just sentiments on this subject! It was Agesilaus, I think, who said that "the business of education was to prepare the boy for the duties of the man." How pre-eminently important, then, must be that branch of education which is to qualify him to perform this highest of all social duties, and to bear worthily his part in that relation which has been characterized as "a partnership in all science, in all art, in every virtue, and in all perfection; a partnership, not only between those who are living, but between those who are living, those who are dead, and those who are yet to be born."

These striking words, which are from the pen of the celebrated Edmund Burke, call to mind the high testimony which he has borne in favor of the study of the law, as a school of political rights. After having acted an important part in procuring the repeal of the stamp act, he made his last effort in favor of the rights of the colonies, in March, 1775. On that occasion, laboring to dissuade the British parliament from pushing America to extremities, he descanted on the love of freedom, which he pronounced to be the predominating feature in the character of our fathers. The prevalence of this passion he ascribed to a variety of causes, none more powerful than the number of lawyers, and the familiarity of the people with the principles of the common law. His ideas I will give you in his own words, for it is only in his own words that his ideas ever can be fittingly expressed.

He says, "In no country perhaps in the world is the law so general a study. The profession itself is numerous and powerful; and in most provinces it takes the lead. The greater number of the deputies sent to the congress were lawyers. But all who read, and most do read, endeavor to obtain some smattering in that science.... This study renders men acute, inquisitive, dexterous, prompt in attack, ready in defence, full of resources. In other countries, the people, more simple, and of a less mercurial cast, judge of an ill principle in government only by an actual grievance; here they anticipate the evil, and judge of the pressure of the grievance by the badness of the principle. They augur misgovernment at a distance, and snuff the approach of tyranny in every tainted breeze."

Such, young gentlemen, is the important and useful influence which the study of our profession enables its members to exert. But if, instead of preparing their minds by this study, the very men to whom the people look up for light, do but provide themselves with a few set phrases contrived to flatter and cajole them, what but evil can come of it?

"The people can do no wrong." Why! this if but what all sovereigns hear from their flatterers. In one sense, it is indeed true of both, for there is no human tribunal before which either king or people can be arraigned. But neither can make right and wrong change places and natures.

"Vox populi, vox Dei." "It is the voice of God." So said the Jews of the impious Herod. But the judgments of the insulted Deity showed how mere a worm he was; and his judgments are not limited to kings, nor withheld by numbers. We may preserve all the outward forms of freedom, the checks and balances of the constitution may remain to all appearance undisturbed, and yet he who can "curse our blessings" may give us over to all the evils of despotism, if we do not "lay to heart" the high duties of that freedom wherewith he has made us free.

I am sensible, young gentlemen, that, to many, these ideas will not be acceptable. And for an obvious reason. "Men like well enough," it is said, "to hear of their power, but have an extreme disrelish to be told of their duties." Yet in a government of equal rights, these are strictly correlative. The rights of each individual are the exact measure of the duties which others owe to him, and of coarse, of those he owes to others. This is so obviously true, that it needs but be stated, to be recognized at once as a man recognizes his face in the glass. But he "goeth his way, and straightway forgetteth what manner of man he was." Let not us do likewise.

But there is another reason why many will hear with impatience of the difficulties attendant on the proper discharge of duties, which are too often made the low sport of a holiday revel. None can deny the truth and justice of the remarks already quoted from Mr. Blackstone; but few, I fear, are willing to bring them home, and to acknowledge the necessity of such severe preparation to qualify themselves to exercise the franchises of a citizen. Let me hope, young gentlemen, that you will view the matter in a different light, and go to your task with the more cheerfulness, from the assurance that you will thus be qualified to derive a blessing to yourselves and to your country, from the discreet and conscientious exercise of a privilege, which others, from a want of correct information and just sentiments, so often pervert to the injury of both.

Before I conclude, give me leave to offer a few remarks on a subject in which every member of the faculty has an equal and common interest. If there be any thing by which the University of William and Mary has been advantageously distinguished, it is the liberal and magnanimous character of its discipline. It has been the study of its professors to cultivate at the same time, the intellect, the principles, and the deportment of the student, laboring with equal diligence to infuse the spirit of the scholar and the spirit of the gentleman. He comes to us as a gentleman. As such we receive and treat him, and resolutely refuse to know him in any other character. He is not harassed with petty regulations; he is not insulted and annoyed by impertinent surveillance. Spies and informers have no countenance among us. We receive no accusation but from the conscience of the accused. His honor is the only witness to which we appeal; and should he be even capable of prevarication or falsehood, we admit no proof of the fact. But I beg you to observe, that in this cautious and forbearing spirit of our legislation, you have not only proof that we have no disposition to harass you with unreasonable requirements; but a pledge that such regulations as we have found it necessary to make, will be enforced. If we did not mean to execute our laws, it might do little harm to have them minute and much in detail on paper. It is because we do mean to enforce them that we are cautious to require nothing which may not be exacted without tyranny or oppression, without degrading ourselves or dishonoring you.

The effect of this system, in inspiring a high and scrupulous sense of honor, and a scorn of all disingenuous artifice, has been ascertained by long experience, and redounds to the praise of its authors. That it has not secured a regular discharge of all academical duties, or prevented the disorders which characterize the wildness of youth, is known and lamented. But we believe and know, that he who cannot be held to his duty, but by base and slavish motives, can never do honor to his instructers; while we are equally sure that such a system as keeps up a sense of responsibility to society at large, is most conducive to high excellence. We think it right, therefore, to adapt our discipline to those from whom excellence may be expected, rather than to those from whom mediocrity may barely be hoped. Such a system is valuable too, as forming a sort of middle term between the restraints of pupilage and the perfect freedom and independence of manhood. Experience shows that there is a time of life, when the new born spirit of independence, and the prurience of incipient manhood will not be repressed. They will break out in the airs or in the graces of manhood. Between these we have to choose. The youth of eighteen treated as a boy, exhibits the former. Treated as a man, he lays aside these forever, and displays the latter. This system is thus believed to afford the best security against such offences as stain the name of the perpetrator. Of such our records bear no trace; nor is there, perhaps, a single individual of all who have matriculated here, that would blush to meet any of his old associates in this school of honor.

May we not hope then, young gentlemen, when so much is trusted to your magnanimity, that the dependence will not fail us? May we not hope, when we are seen anxious to make our relation, not only a source of profit, but of satisfaction to you, that you will not wantonly make it a source of uneasiness and vexation to us? I persuade myself that you, at least, commence your studies with such dispositions as we desire. If this be so, there is one short rule by which you may surely carry them into effect. "Give diligent attention to your studies." This is the best security against all unpleasant collision with your teachers, and against that weariness of spirit which seeks relief in excess or mischief. It carries with it the present happiness, which arises from a consciousness of well doing; it supplies that knowledge which encourages to farther researches, and renders study a pleasure; it establishes habits of application, the value of which will be felt in all the future business of life; and lays the foundation of that intellectual superiority by which you hope to prosper in the world, and to be distinguished from the ignoble multitude who live but to die and be forgotten.

Williamsburg, October 27, 1834.

For the Southern Literary Messenger.

THE MARCH OF MIND.

"Tempora Mutantur."

The present is emphatically the age of useful invention and scientific discovery; and it is the peculiar good fortune of the present generation, that the indefatigable labors of a few gigantic minds have opened to it new and expanded sources of enjoyment, by the development of principles which have long eluded the grasp of philosophy, and by their practical application to the most ordinary affairs of life. Men are not now bewildered by the imposing mysteries in which scientific truth has been so long enveloped; nor are they deterred from a bold investigation into the solidity of theories and hypotheses, by the studied ambiguity of phrase in which the votaries of learning have veiled them. They have learned properly to appreciate the fallacy of those abstruse speculations and metaphysical researches, into which so many thousands, in pursuit of some vain chimera, have been inextricably involved—and have erected the standard of utility as that alone by which all the lucubrations of moonstruck enthusiasts, and all the experiments of visionary projectors are to be rigidly scanned and tested. The practical benefits which have resulted from the rapid march of mind, are to be seen in the application of steam to the propulsion of boats, and in the innumerable rail roads, canals, and other stupendous improvements, which have developed the resources of this extensive country, and multiplied the blessings so bounteously bestowed upon it by providence. But in the first glow of astonishment and exultation which these have excited in the minds of men, numerous beneficial changes of minor importance have followed the march of intellect, which from their comparative insignificance, have almost escaped observation.

Formerly, the professors of the complex sciences of law, medicine, and divinity, were regarded as exalted by their attainments, to an immeasurable height of superiority over the mass of mankind, because they shrouded the truths and principles of science from the vulgar eye, by a veil of unintelligible jargon and grandiloquent technicalities, entirely above the ordinary powers of comprehension. Years of laborious and incessant toil were requisite to master the hidden complexities of those venerated and "time-honored" professions; and he, who with martyr-like resolution and unwearied perseverance, devoted his time and talents to their attainment, was regarded by the "vulgus ignobile" with sentiments of respect and admiration, nearly approaching to the idolatrous reverence of a Hindoo, for the fabled virtues of his bloody Juggernaut. But the illusion has at last been dispelled by the refulgent light of truth, and those illustrious individuals, the Luthers of the age, who have stripped these hoary errors of the veil which concealed their enormity, may with merited exultation and triumph exclaim, "Nous avons changé toute cela!" The art of economising time has been simplified, and subjected to the grasp of the most obtuse intellect; so that a science which formerly required years of intense and unremitted study, united with long experience and observation, is now thoroughly understood and mastered in a fortnight! So rapid indeed has been the march of intellect, sweeping from its path obstacles heretofore deemed insurmountable, and scaling the most impregnable fortifications of philosophy, with a force no less astonishing than irresistible, that many of our most profound adepts in the "glorious science" of the law, are (mirabile dictu!) at once initiated into all its mysteries by a single perusal of "Blackstone's Commentaries" and the "Revised Code!" instead of toiling his way up the steep ascent of fame by consuming the midnight oil, by exploring the dark and forbidding chambers of the temple of law, dragging forth truth from the musty volumes of antiquity, and searching the origin of long established principles. Among the feudal customs of our Saxon progenitors, a man may now become "like Mansfield wise, and Old Forster just," by one month's attendance at the bar of a county court! At the expiration of that period, he can rivet an admiring audience in fixed attention, by the strains of Demosthenian eloquence, in which he asks if "the court will hear a motion on a delivery bond?" And will astound some illiterate ignoramus, by the consequential pomposity with which he prates of "contingent remainders," "executory devises," and all the labyrinthian subtleties of nisi prius! No one will then contest his right to perambulate the streets, with all the ostentatious dignity of a man "learned in the law," and to parade before the eyes of the admiring rabble, his colored bag of most formidable dimensions,—albeit, it may be filled with cheese and crackers to stay his stomach in the intervals of business.

But the inappreciable benefits which the "March of Intellect" has showered upon mankind, are easily discovered by referring to the stupendous revolutions it has achieved, not only in the science of law but in divinity, medicine, education, manners, and morals. Men do not now venerate the ancient fathers of the church for the profound erudition and wonderful acquirements displayed in those ponderous tomes which now and then greet the eyes of the bibliopole, exciting the same degree of astonishment as the appearance of a comet illumining the immensity of space with its brilliant scintillations, or some lusus naturæ like the Siamese twins. Far from it. Modern philosophers have discovered the inutility and absurdity of wading through the voluminous discussions of controversial theologists, and tracing the origin of some religious dogma or doctrinal schism, which has for ages furnished these pugnacious wiseacres with food for inquiry and research. Instead of wasting the time necessarily consumed in these ridiculous studies, men who formerly might have dragged out their lives in the vulgar vocation of a tailor, a butcher, or a hatter, spring forth in a single week armed cap-a-pie to defend their religion from the unhallowed assaults of infidels, and amply qualified to expound the sacred texts, and deal out damnation with the indiscriminate prodigality of a spendthrift, for the first time cursed with the means of gratifying his extravagant propensities.

Formerly too, the most attentive and patient observation of the progressive development of the mental faculties of a child were necessary to enable a parent to adapt his education to the sphere of life in which nature had destined him to move. Innumerable obstacles were to be encountered in tutoring his mind to the comprehension of the profession for which he was intended; and, perhaps, after years of incessant toil and intense parental anxiety, the young stripling blasted all the hopes of his kindred, by either becoming the hero of a racefield or the magnus apollo of a grog shop, or distinguished his manhood by the puerile follies of youth, or the incurable stupidity of an idiot. But the "March of Mind" has obviated or removed all these difficulties, by the discovery of the renowned science of phrenology. A parent, in this blessed age of intellectual illuminism, may by an examination of certain craniological protuberances, ascertain with mathematical exactness, whether his child is a hero or a coward, a philosopher or a—fool; and may regulate his education in conformity to the result. The safety and well being of society, too, is thus encompassed with additional safeguards, which will effectually protect it from those evils which have heretofore been only partially suppressed by legislation. If any ill favored monster of the human species happens to have the organ of destructiveness largely "developed," (ut verbum est) and not counteracted by any antagonist organ,—all the murders, rapes and thefts which he is morally certain to perpetrate,—with their attendant train of want, calamity and ruin, may be at once prevented by hanging the scoundrel in terrorem, as a kind of scarecrow to all evil doers. A desideratum in political economy will thus be also attained. The accounts of those "caterpillars of the commonwealth," clerks, sheriffs, lawyers, et id omne genus, who swarm around the treasury in verification of the old maxim of Plautus, "ubi mel, ibi apes,"—(Anglice—Where there is money, there are lawyers,) are balanced without the payment of a cent; for it is obvious that there is no necessity for all the tedious formalities of a trial at law, the guilt of the murderer being already ascertained and summarily punished by this preventive justice, and the commonwealth of course exempted from the expense of a prosecution.

It would require a volume to enumerate all the advantages which have resulted from the discovery of this science. But even these are about to be quadrupled by the successful experiments recently made in the immortal and euphoniously titled science of phrenodontology, by which a man's grinders are regarded as the unerring indices of his habits, manners and propensities; and should these last be of an evil nature, they can be entirely eradicated by the extraction of such of the incissores as indicate their existence. There is no necessity whatever of inculcating self denial, regular habits, fortitude and virtue, to correct the depravity and vice of any individual. Only knock out his teeth, (or as that method is somewhat too summary,) have them extracted secundum artem by a dentist, and you instantly metamorphose him into a paragon of moral purity!

But one of the principal benefits of the "March of Mind," is the salutary reformation effected in the opinions of mankind, in relation to numerous important subjects. All those low and grovelling ideas which once tenanted the crania of our honest yeomanry as to the education of their children, have now evaporated into thin air. Instead of tying their sons to a vulgar plough, bronzing their visages to the complexion of an Indian, as was formerly the absurd practice, they are now transplanted into the genial hothouse of a town life, where they are soon installed in all the fashionable paraphernalia of tights, dickey, and safety chain; and astonish their honest old dads by the dexterity with which they flourish a yardstick, and by the surprising volubility with which they can chatter nonsense, a la mode du bon ton. I have often been enraptured with the incontrovertible evidence of the "March of Mind," when I saw one of these praiseworthy youngsters, with his crural appendages, cased in a pair of eelskin inexpressibles, and his nasal adjunct inflamed to that rubicund complexion which Shakspeare has immortalized in the jovial Bardolph, quiz a country greenhorn, and cul, in the genuine Brummel style, some vulgar, lowborn, mechanic acquaintance, who insolently aspired to the honor of a nod! The improvement too, in the education of our young ladies, is "confirmation strong as proof of holy writ," of the rapid and resistless march of science and intellect. With a precocity of talent which would have absolutely dumbfoundered a belle of the olden time, they now arrive at full maturity at the age of thirteen; when

"My dukedom to a beggarly denier,"

they can out-manoeuvre the most consummate coquette of fifty! They perfect their education with almost the rapidity of light; and prattle most bewitchingly in French or Italian, before their pretty mouths have been sullied by their vulgar vernacular. The odious and despicable practice of knitting stockings and baking pies, fit only for a race of Goths in an age of Vandalism, has been inscribed with "Ilium fuit," and is now patronised only by the rustic canaille, who still adhere to the horrid custom of rising at the dawn of day and attending to household business. Their proficiency too, in the science of diacousticks, or the doctrine of sounds, is truly amazing—and the whole posse comitatus of foreign fiddlers, jugglers, and mountebanks who kindly condescend to instruct them in music, (as they facetiously term it) are often thrown into raptures by the ease with which they produce every variety of noise on a piano, from the deafening roar of a northwester to the objurgatory grunt of a Virginia porker, unceremoniously ousted from his luxurious ottoman of mud!

But, as Byron says, greater "than this, than these, than all," are the wonderful phenomena which have occurred in the science of medicine. The physicians of modern times, have snatched the imperishable laurels from the brows of Galen and Hippocrates, and have compelled Old Esculapius himself, to "hide his diminished head!" It had long been a source of the most poignant regret to the philanthropic observer of the ills and afflictions incident to human nature, that the benign system of medical jurisprudence, designed originally for the alleviation of human suffering, had been so dilatory and uncertain in its operation, and so fatally ill adapted to the eradication of numerous diseases from the human frame, as to effect only a partial accomplishment of its beneficent purpose. This radical disadvantage in that system of medical science, might reasonably have been attributed to the want of a proper firmness and adventurous temerity in its practitioners;—probably, also, it might have resulted from their lamentable ignorance of the structure and conformation of the human frame. This system, as was to have been expected, had met with numerous advocates, principally in consequence of their perfect personal indemnity from the frequently fatal result of their ignorance or mismanagement; it being well known that under this system a practitioner might, if he so chose, administer a deadly poison to his patient, who would naturally "shuffle off this mortal coil," while his afflicted relatives would piously attribute his decease to a dispensation of Providence; and the physician, composedly pocketing his fees, would have the satisfaction of seeing himself eulogised in his patient's obituary, as a man of "science and skill." It is obvious that under this system the patient's life was but

"A vapour eddying in the whirl of chance,"

and the distressing frequency with which we were called on to attend the remains of a fellow being to the gloomy prisons of the dead, imperatively demanded a radical and extensive reform.

But fortunately for the human species, the "March of Mind" has led to medical discoveries which have chained up the monster Death in impotence, and rendered him a plaything to "the faculty." The long and pompous pageants of M. D.'s diplomas, &c &c. have ceased to overawe the eager aspirant for medical celebrity, and he now steps forward in the path of fame at the age of nineteen, maximus in magnis, greatest among the great! Diseases that formerly baffled the utmost skill of science, and preyed upon their victims for years, are now thoroughly extirpated in an hour! The long catalogue of noxious medicines with which the pharmacopia was crammed, and which served no other purpose than to swell

"The beggarly account of empty boxes,"

which the shelves of a rascally apothecary presented to view, are now discarded; and their places are supplied by medicines so simple and so efficacious, that the value of life, once considered so inestimable, has actually undergone a considerable diminution, merely because of the ease with which it may be enjoyed. It is now no longer necessary to watch the various diagnostics of an obdurate disease through their origin and development; it is no longer important that the unfortunate patient should be bolstered up in bed for months, and his stomach annihilated by a nauseous diet of mush and water gruel. This was but the quackery of the rapacious cormorants, who grew rich upon the credulity of their dupes. The patient may be on his feet in half an hour, by the salutary operation of some harmless medicine, which produces no other evil effect than a remarkable elongation of the visage, and divers contortions of the abdominal viscera! Instead of first ascertaining to what extent the body of the patient has been debilitated by the ravages of his disorder, it is only requisite to refer to a mystical talisman, vulgarly called a teetotum, which entirely supersedes the necessity of thought or reflection; and whose final position, after performing sundry gyrations on its point, informs the practitioner with unerring certainty, whether his patient should be puked, sweated, or blistered! The result is certain. The most complicated case of pulmonary consumption is instantly and thoroughly cured by steam; and an obstinate fever, produced by a superabundance of bile upon the stomach, is effectually extirpated by an injection of cayenne pepper! As revolutions never retrograde, these important changes in medical jurisprudence will only terminate in the actual resuscitation of a dead body, by an external application of camphorated salts! a "consummation devoutly to be wished," and most certain to be effected, by the rejection of all mineral medicines,—which the "March of Mind" has demonstrated to be hurtful,—and the substitution in their stead of a few simple vegetable remedies, accurately arranged, classified, and numbered!

But enough. No man can reflect upon these things, without applying, as I do, the trite quotation, "tempora mutantur," &c. Although it has been used for the ten thousandth time, by the whole tribe of newspaper scribblers and juvenile poetasters, yet it has never been more apropos. Times are changed; and "oh, how changed!" What mind does not expand at the delightful contemplation of these grand revolutions; and who does not look forward with eagerness to the memorable era when all the vulgar bourgeois qualities of common sense, common decency, and common virtue, will fade into nothingness before the resistless and all powerful "March of Mind!"

Lynchburg, Oct. 30, 1834.

The Southern Literary Messenger, Vol. I., No. 4, December, 1834

SOUTHERN LITERARY MESSENGER:

EVERY DEPARTMENT OF LITERATURE

THE FINE ARTS.

CONTENTS OF VOLUME I, NUMBER 4

SOUTHERN LITERARY MESSENGER.

SKETCHES OF THE HISTORY

And Present Condition of Tripoli, with some accounts of the other Barbary States.