תמונות בעמוד

“The principle of reproduction stands propensity of a person rushing into wedlock, The singularity of a testator's mind is no. next in importance to its elder-born correla

or marked their disapproval or approval of a where so well evinced as in the conditions that tive, self-preservation, and is equally a fundacertain person as a conjugal partner.

may be annexed to a bequest. An example mental law of existence. It is the blessing

In the following instance a testator must of this kind was given in the case of the his. which tempered with mercy the justice of ex

have had as much dislike to Scotchmen as pulsion from paradise. It was impressed upon

torian Hume, who left in his will a conditional Dr. Johnson had : the human creation by a beneficent Providence

legacy to his old friend Mr. Jobn Home, of to multiply the images of himself, and thus

In the case of Perrin vs. Lyon in the Kilduff (who disliked port, and who contendto promote his own glory and the happiness

ninth volume of "East's Reports," one J. P. ed that “Home” was the correct spelling of of his creatures. Not man alone, but the devised real and personal estates to trustees his own name and Hume's). To him he left whole animal and vegetable kingdom are un- to pay thereout an annuity to his wife for “ ten dozen of my old claret at his choice, der an imperious necessity to obey its man- life, and out of the residue to pay sufficient and one single bottle of that other liquor dates. From the lord of the forest to the

for the maintenance, education, and support called port. I also leave him six dozen of monster of the deep-from the subtlety of the

of his only daughter, until she should attain port, provided that he attests under bis band, serpent to the innocence of the dove--from the celastic embrace of the mountain-kalmia to

the age of twenty-one years or marry, and signed John Hume, that he has himself alone the descending fructification of the lily of the

when she should attain the age of twenty-one finished that bottle at two sittings. By this plain, all Nature bows submissively to this

or marry, then to her absolutely: but in case concession he will at once terminate the only primeval law. Even the flowers which per- his daughter should die under age and un- two differences that ever arose between us fume the air with their fragrance, and deco- married, then the estates to go to his wife concerning temporal affairs." rate the forests and fields with their hues, are for life; with a proviso that if either his Some evince their religious antipathy, as but curtains to the nuptial bed.' The prin- wife or daughter should marry a Scotchman, in the case of the will of Hon. Araminta ciples of morality, the policy of the nation,

then his wife or daughter so marrying should Monck Ridley, proved in April, 1869: the doctrines of the common law, the law of

forfeit all benefit under his will; and the Nature and the law of God, unite in condemn

“If any or either of my said children, ing as void the condition attempted to be imestates given to her should descend to such

either in my lifetime, or at any time after my posed by this testator upon his widow." person or persons as would be entitled under

decease, shall become or shall marry a Rohis will in case his wife and daughter were man Catholic, or shall join or enter any rituTestators even venture to touch feminine dead.

alistic brotherhood or sisterhood, then or in attire ; for we find Mr. James Robbins, whose The daughter having married a Scotch- any of the said cases, the several provisions, will was proved in London in October, 1864, man, and died leaving a son, it was decided

whether original, substitutive, or accruing, declaring “ that, in the event of my dear wife such son could not inherit the property, as

hereby made for the benefit of such child of

cbildren, shall cease and determine, and benot complying with my request to wear a the mother having broken the condition, she widow's cap after my decease, and in the event obtained no rights to the property.

come absolutely void." of her marrying again, that then, and in both In another case a testator declared, if The chagrin of a spirit sorely vered with cases, the annuity which shall be payable either Jane or Mary married into the fami- the disappointments of life, or troubled with out of my estate shall be twenty pounds per lies of Prudence or Resignation, and had a the shallow pretenses of the world, or burannum, and not thirty pounds." As there son, then he gave all his estate to such son; dened with the thoughts of its own failure, was no definite time mentioned for the widow's but if they did not so marry, then the estate finds expression in the following curious cap to be worn, it is probable that Mrs. Rob- was to go to A. Jane and Mary married, document penned by an Earl of Pembroke, bins found it easy to comply with the letter but were not prudent or resigned enough to who lived during the political turmoils of the of the request in her husband's will, and yet marry into the aforesaid families, and A. seventeenth century. The will is filed in indulge her own taste in the matter.

In con

claimed the estate; but the court held that Doctors' Commons, in London, and is probtradistinction to this was the will of Mr. Ed- during the lives of Jane and Mary the claimably as unique a document of the kind as ward Concanen, who died in 1868, in which could not be determined, for one of them was ever filed. It is as follows: he says: “And I do hereby bind my said | might afterward satisfy the condition (Ran.

“I, Philip, V. Earl of Pembroke and Montwife that she do not after my decease offend dal vs. Payne, 1 Brown Ch. C., 55).

gomery, being as I am assured of unsound artistic taste, or blazon the sacred feelings In a case in New York State before Chan

health, but of sound memory, as I well remem. of her sweet and gentle nature, by the exhi- cellor Walworth, Bayeaux vs. Bayeaux, re- ber me that five years ago I did give my bition of a widow's cap."

ported in the eighth volume of “ Paige's Re- vote for the dispatching of old Canterbury, Testators are not permitted to restrain a ports,” a testator in the fourth clause of his neither have I forgotten that I did see my first marriage. As an old writer says: will provides :

king upon the scaffold; yet as it is said that law tolerates the restraint of a second mar.

death doth even now pursue me, and more

“I charge upon my children in every posriage, but abhors any restraint of a first mar

over as it is yet further said that it is my sible case, and under all circumstances, never riage."

practice to yield under coercion, I now make to make a matrimonial engagement, or bind

my last will and testament. Still, a certain restraint is permitted as themselves to any individuals by promise of

“Imprimis: As for my soul, I do confess I to a person, a place, or age. If a legacy be marriage, without full parental approbation have often heard men speak of the soul, but given to a person in case that he marries and consent, as it regards the favored indi

what may be these same souls, or what their with the consent of certain persons named, vidual. And while I consider it unjust as

destination, God knoweth; for myself, I know and if after majority he marries, such legacy well as unwise for any parent to coerce or to

not. Men have likewise talked to me of attempt forcibly to induce a child to marry an will be paid even if he marries without con

another world which I have never visited; nor object it cannot love, so do I also deem it

do I know even an inch of the ground that sent.

without any possible excuse on the part of the This condition is only attached to a lega-child to marry without the full consent of the

leadeth thereto. When the king was reign

ing, I did make my son wear a surplice, being cy by way of an idle threat, or in terrorem, as parents. And in the event of disobedience on

desirous that he should become a bishop; and, the legal phrase is, for the law will not favor the part of my child in this respect, my wish,

for myself, I did follow the religion of my such a restraint, for through whim, caprice, desire, and intention is to cu: that child off

master; then came the Scotch who made me & or some other motive, the required consent from any participation of the benefits arising Presbyterian, but, since the time of Crommight pot be given, and in this way the perfrom any property I may leave at my de

well, I have become an Independent. These son would generally be restrained from marry. cease, of every kind and description what

are, methinks, the three principal religions of ing. There is this distinction, however, that

the kingdom. If any one of the three can in case the legacy be given over to another This was declared ineffectual by the chan

save a soul, I desire they will return it to bim when the condition is broken, that other cellor, wbo said that he could not form any

who gave it to me. shall have the legacy, if the person to whom opirion as to what disposition the testator

"Item: I give my body, for it is plain I

cannot keep it, as you see the chirurgeons are it was first giren marries without consent. intended to make of his property, and that

tearing it to pieces. Bury me, therefore: I In this way testators have availed themselves the will must have been drawn by some per- hold lavds and churches enough for that. of the opportunity, in bestowing their bounty son equally ignorant of legal language and Above all, put not my body beneath the by means of a will, to restrain the too eager | legal principles.

church-porch, for I am, after all, a man of




birth, and I would not that I should be in- three sons; if the descendants of two were vious wills; and, of course, the disposition terred there where Colonel Pride was born.

dead, then to the sole living descendant. of this fund invested here failed. By a clause * Item: I will have no monument, for then I

The property sought to be accumulated was in the last will, of 1817, he used these words: must needs have an epitaphi, and verses over

six hundred thousand pounds, an immense “Je légue mes effets, ma voiture et mon my carcass. During my life I had enough of fortune at that day.

cheval y compris à Madame et à Monsieur these. “ Item:I desire that my dogs may be shared

The trusts of this will attracted wide and Zavier Zeltner, les hommes ci-dessus." It among all the members of the Council of State.

anxious attention on all sides. No similar was claimed that under this clause, by the With regard to them, I have been all things to

instance had been known of a testator for- use of the term “ mes effets," all his personal all men; sometimes went I with the peers, getting the claims of kindred, the demands of property, wherever situated, went to the persometimes with the commons. I hope, there- charity, or the ties of friendship, to build up sons named as residuary legatees; while, on fore, they will not suffer my poor curs to a mighty fortune to found a family that the other hand, it was claimed that such an want.

should bear his name to distant posterity. expression, being limited by the words that "Item: I give my two best saddle-horses

The children brought an action to declare followed, was to be taken as meaning such to the Earl of Denbigh, whose legs, methinks,

the trusts invalid. The most eminent coun. effects as he had then about his person, and must soon begin to fail him. As regards my other horses, I bequeath them to Lord Fairfax

sel of the time were engaged; the public that, therefore, as to the fund in the United that, when Cromwell and his council take away

looked on, while the case went through the States, he died intestate, and the descendants his coinmission, he may still bave some horse

courts, with deep interest; for, if a man of of his sisters were entitled to it. This last to command.

considerable wealth could, under legal rules, was the decision of the court, Justice Wayne "Item: I give all my wild beasts to the Thus tie up his property for generations, a delivering the opinion of the court. It was Earl of Salisbury, being very sure that he will | large and enormous part of the capital of the decided that as to this fund, which now preserve them, seeing that he refused the king

country would be rendered unproductive. If amounted to a considerable sum, he died ina doe out of his park.

the accumulation went on for seventy-five testate, and, being for upward of fifteen "Item: I bequeath my chaplain to the Earl of Stamford, seeing he has never had one

years, as was quite possible, it was calculated years before his death domiciled in France,

that the fund would amount to twenty-nine the distribution of it should take place in acin his employ, having never known any other than his son, my Lord Grey, who, being at

million pounds, a fortune larger than any cordance with the law of that country. the same time spiritual and carnal, will engenknown in Europe at that time.

The privilege of being allowed to speak der more than one monster.

Lord Loughborough, before whom the case one's mind to posterity is one that cannot "Item: I give nothing to my Lord Saye, was tried, endeavored to declare such an ac. be easily given up, even if a person has no and I do make him this legacy willingly, be- cumulation void ; but, under the law as it worldy goods to dispose of. It gives to a man cause I know that he will fuithfully distribute then stood, he was compelled to support the sense of importance when he can enter his it unto the poor.

trusts, and declared them valid. But so thoughts, his wishes, or his opinions, in a “ Item: Seeing that I do menace a certain

great did he think the danger of permitting document that is invested, in point of law, Henry Mildmay, but did not thrash him, I do

a man to suspend the alienation of his prop- and by long.observed custom, with a certain leave the sum of fifty pounds sterling to the lackey that shall pay unto him my debt.

erty, and order its accumulation, that he in- attention and solemnity. The will of Daniel “Itein: I should have given to the author troduced, in 1800, an act forbidding accumu- Martinett, an officer of the East Company's of the libel on women entitled “News of the

lation longer than twenty-one years, or dur-service, illustrates this very well. Dying Exchange,' threepence, to invent a yet more ing the life of the maker of the will.

very poor, this singular fellow bequeathed scurrilous mode of maligning; but, seeing The fears of the public have not been re- bis debts to the Governor of Bengal, who tha: he insulteth and slandereth I know not alized, for the expense of litigation, the fees genero accepted the equivocal legacy. how many honest persons, I commit the office of court, the commissions, etc., have been so We hardly know whether to admire more the of paying him to the same lackey who under heavy that, as is usual in such cases, when sang-froid of the testator, or the bonhomie of taketh the arrears of Henry Mildmay. He will large estates get into the grist-mill of the

the legatee. teach him to distinguish between honorable women and disreputable.

lawyers, they are ground exceedingly fine ; The wills of some persons often have a "Item: I give to the Lieutenant-General

and, in 1835, the property had but slightly didactic character, especially of those whose Cromwell one of my words, the which he must increased in value.

position in life entitled them to speak with want, seeing that he hath never kept any of

The will of General Kosciusko was brought | influence and impressiveness. The will of his own.

before the United States Supreme Court in Saladin is an example of this kind, who or- Itern: I give to the wealthy citizens of 1852, and is interesting as bringing up some dered, first, that considerable sums should be London, and likewise to the Presbyterians incidents connected with our Revolutionary distributed to Mussulmans, Jews, and Chris. and nobility, notice to look to their skins, for,

struggle, and the eminent persons who par- tians, in order that the priests of the three by order of the state, the garrison of White

ticipated in it. It is reported in Fourteenth religions might implore the mercy of God for hall has provided itself with poniards, and

Howard, 350. Kosciusko made four wills-him; next, he commanded that the shirt or useth dark lanterns in the place of candles. “ Item: I give up the ghost.”

one in the United States, in 1798; the second tunic he should be wearing at the time of his

at Paris, in 1806 ; and the last two in 1816 death should be carried on the end of a spear Probably the most ambitious and the and 1817, while sojourning in Switzerland. throughout the whole camp, and at the head most extraordinary scheme ever devised by He came here in 1776, and joined our of his army, and that the soldier who bore will was that of Peter Thellusson, reported army as a volunteer, and participated in the it should pause at intervals and say aloud : in the fourth volume of " Vesey's Reports." various events of the Revolution, and at its “Behold all that remains of the Sultan Sa. Mr. Theilusson was of Swiss parentage, had close be retired with the rank of brigadier- / ladin!” settled in England at an early age, and, general, poorer than when he came, and a

Joux PROFFATT. on a foundation of ten thousand pounds, creditor of our government for his military. raised the princely fortune that threatened, pay. He left, to participate in the heroic in its ascending greatness, the liberty of the struggle of his native land, and in 1799 Con

HER PRISON. kingdom. In his will, made in 1797, he left gress passed an act allowing him interest from all his property in trust to be accumulated 1793, on his military certificate (by which

(A LOVER'S CONCEIT.) during the lifetime of his three sons, of their he became entitled to $12,499.63), to 1798. children, and any grandchildren of his sons This sum was placed for his account under

My heart's her prison; roses climb who might be living at his decease. During the management of Jefferson, to whom he

They fear no winds, no wintry timethe lives of all these, and the survivor of wrote that he willed it to be used toward the

May guards the enchanted door. them, the estate was to be kept in trust, and purchase of young negroes who were to be its income invested in landed property, and educated and emancipated. This was the dis

The windows, roses, why embrace,

With arms of fragrance bound? on the death of the last survivor to be disposition made by his will of 1798. In the From every window looks her facerided into three equal parts, to be given to third will, of 1816, made in Switzerland, there We roses wreathe it round. the eldest male descendant of each of his was the usual clause revoking his two pre

John James Piatt.

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| those who study the facts of the past energies of the people than by governmental EDITOR'S TABLE. that these dreams of the poets cannot be fostering; and that even while state educa.

realized. If power were always wise, always tion is in itself harmless, it establishes a preUR readers will find elsewhere in this just, always master of the situation, it is cedent of governmental interposition by which

number of the JOURNAL Mrs. Howland's easy to see how it could interfere in affairs innumerable other offices are forced upon the reply to our comments on her proposition for to great advantage. The very ideal of a state, to the detriment of the general welfare. the establishment of science-schools by the perfect government is an authority somegovernment. We give a place to the article where that can suppress evil, regulate disor

The disposition in some quarters to laugh because the subject is an important one; but ders, and advance all the interests of society.

at Mr. Grant White's article in the last Gal. we deny altogether the claim set up by Mrs. It is this ideal that certain dreamers are azy seems to us unfair. One may be amused How land that she has a right to be heard seeking; but so long as human nature is at finding a certain form of mental aberration through our columns in defense of her propo- what it is, every attempt on the part of rulers dignified by a high-sounding Greek word, but sition. We are under no obligations to give to bring this ideal about will fail-just as

Mr. Grant confesses that he would have prepersons space for the defense or the ventila- they have always failed, sweeping the tide of

ferred to "heterophemy" a simpler pbrase tion of their theories. Any errors of fact that civilization from rather than toward the de

had he been able to find one. Perhaps some we may make we are in duty bound to corsired goal.

of our readers are ignorant of the article in rect; but this Journal is a medium only for This has not been because men are wicked, question, and are wondering what “heter. the publicity of such opinions or such argu- but because the task is beyond human power. ophemy” can mean. Mr. White, in a preced. ments as we may elect to give to the public. It was the opinion of Mr. Buckle that the mising article, while writing something about No one is justified in claiming access to our taken zeal of good rulers has wrought more

metric measures, bad casually mentioned that columns as a right, excepting for the correc- mischief in the world than the evil designs

“two gills make one pint,” whereupon : tion of an error injurious to him. If we of bad men. The interests of society form

general laugh went up. The article entitled were under obligations to give place to the wonderfully intricate and complicated ma

“ Heterophemy" is the reply to his critics, arguments of everbody who differed from us, chinery, each part dependent upon and inter

in which the learned writer asserts that be we should have to multiply the size of the locked with all other parts, and no skill that

knows as well as anybody else how many JOURNAL many fold.

ever yet guided the affairs of a country gills make a pint, and that his error is to be From the earliest times poets and philos. has interfered to adjust this machinery with

described as “heterophemy,” that is, an acophers have busied themselves in imagining out throwing it out of balance and harmony.

tion of the brain which takes place without Utopian societies, in which wise and pater- In the whole long history of the world just the volition of the individual, a form of what nal rulers have administered just laws, en- to the extent that the state has stepped be physiological psychologists call unconscious forced moral living, trained the public taste, yond the simple functions of a police, to that

cerebration. Mr. White's explanation of this and controlled unruly impulses. Nothing is extent has it disturbed and obstructed the phenomenon is as follows:

easier than to imagine what government working of the social machinery. Trade and “The blunder which I committed and

ought to do to bring about general security commerce have not been protected by the

which I have in mind is the blunder of the

world at large, the daily mental aberration of and felicity, and almost everybody is quite devices of government to protect them; liter

the human race. That error consists in thinksure he has just the panacea that will secure ature, science, and the arts, bave flourished ing one thing and speaking or writing an. the desired ends. It is moral education, says best in the end when free from the august other. There is no inaccuracy of information, one; it is the building of churches, thinks patronage of the state, however much they

no confusion of thought, no forgetting, even

for a moment. another; it is scientific training, urges a

The speaker or writer lias may have seemed to have temporarily gained perfect knowledge, thinks clearly, remembers third ; it is æsthetic culture, say some; it is thereby.

exactly, and yet utters precisely what he does a wise looking after affairs generally, affirm It is upon these broad principles that we

not mean. Everybody must have noticed this the rest; and each advocate draws a very

more or less in others and in himself, and rest our opposition to state interposition. We

yet so very strange a mode of mental action charming picture of the bappy results of his do not deny that science-schools, art-schools, has passed thus far, I believe, without avy special device. We also have a hobby. We music-schools, industrial schools, are all ad

remark whatever. It is of course more comthink that industrial or technical schools mirable things. We can conceive of hun

monly manifested in speech than in writing;

but it is very frequent in the latter; and to would be highly beneficial, would act direct- dreds of other admirable things. We can, it is due the fact (for it is a fact) that writers ly upon production, which is the source of all indeed, indulge like other people in glowing often fail to correct errors of statement when wealth, would elevate labor, would confer pow- dreams of political millenniums. All argu

they read their own proofs; the reason being

that they read one thing from the eyes outer and happiness upon the great mass of the ments that go to show what choice results

ward, and think another. The proof of the people. But convinced of this as we are-we will low from the judicious administration article throws the writer by association into cannot now enter upon arguments as to the of power are very captivating, plausible, and the same vein of thought and temper of mind merit of our plan—we have no idea of run. to some people entirely convincing; but our

in which he was when he wrote it, and the ning to Albany or to Washington to ask the

error that he unconsciously made when be distrusts are derived from the study of his

wrote passes undetected before his eyes. Just government to carry it out. We reflect that torical facts, from the practical working of so an accountant, if he makes an error, is technical education ought to grow out of schemes to confer benefit by arbitrary dicta, likely to repeat it on going over his calcuidthe inclinations and intelligence of the peo

tion; for which reason he reverses or in and hence we hold steadfastly to the idea

some way changes his procedure. Hence it ple, and not be thrust upon them by an ex. that altogether the best ideal of the state is is that the services of a good professional ternal force; and, for other reasons often that which permits the largest possible indi. proof - reader are indispensable when acceglven, we do not believe that Congress or vidual freedom-which simply guarantees to

racy is desired. His value is not so inuch in

his extended and exact information (although the Legislature ought to attempt any such each citizen every right not inconsistent with he frequently has it) as in his fresh eye, his scheme.

the rights of everybody else, and does no more. habit of minute accuracy, and last, not least, Delightful as the Utopian pictures are And we think that as a whole our civilization

his unacquaintance with what the author las

written. For even he sometimes fails to de that people persist in imagining the state will advance more swiftly and surely by the

tect errors when the subject is a very familcompetent to bring about, it is clear to unaided and untrammeled operation of the iar one to him.


“A necessary condition of this strange usual in the British official as to be touch- ing a reform in this state of things. No re. mode of mental action seems to be perfect ing, he refrains from the harrowing details liance is placed on the effect of the harrowacquaintance with the fact as to which the erroneous assertion is made.

For some years

of what he knows, lest he should rend the ing story to rouse legislative indignation and past I have given this subject such a degree public heart in their recital. The small part remedy; but “my lords and gentlemen " are of attention as I was able to give it incident

that he tells, however, is bad enough in all appealed to on the ground that the women, ally, and according to my observation this discrepancy of thought and utterance takes

conscience, and well merits the serious at. being weak, make weak chains and poor place only wben the occasion of it is so fa- tention of that vague power which Dickens pails, which, used in the chain.cables and miliar, or is so clearly in mind, that the described collectively as “my lords and gen- ships of the government, are likely to prospeaker or writer could not be reasonably

tlemen and honorable boards." The in- duce loss and disaster. Official pity, this supposed to forget it even for a moment. Another incident of its manifestation is that the spector's investigations having led him into journal evidently thinks, is not to be relied assertion made is most often not merely some- the manufacturing district, gloomily but vera- on; but the official anxiety not to be found thing that the speaker or writer does not mean

ciously called “the Black Country,” he found wanting in efficiency nay at least be trusted. to say, but its very reverse, or at least something notably at variance with his purpose.

women there hard at work upon nail and For this reason I have called it heterophemy,

chain manufacturing. This, it need scarcely The proper treatment of the insane, and which means merely the speaking otherwise, be told, is one of the most exhausting and especially of insane criminals, is still a by no and wbich has relations to and illustrations in

physically difficult of humau labors. The toil heterodoxy, heterogeneous, and heteroclite. I go

means wholly-solved problem. Medical sciunwillingly to Greek for a compound name

spent on the forging of large nails requires ence has not yet succeeded in so minutely descriptive of this mental phenomenon, and strong muscles and tough bodies. But there analyzing the operations and diseases of the would gladly see my word displaced by a

in the Black Country young women and old, brain as to give uniform and authoritative good English word, which I have vainly tried to form. Heterophemy of course gives us het

women who are single and women wbo are testimony in courts of justice in regard to erophemize and heterophemist.married, are bound in a slavery which com- them; for in almost every case wherein it is

important to determine the conscious reMr. White gives, among many striking pels them to this work all day, and often into examples of the class of errors he has de.

the night, for the very lowest grade of wages. sponsibility of an accused person, the doc

Nor is this the worst. While the women scribed, an instance from Alison, who, in

tors disagree as strenuously as in other thus wear themselves out, their husbands branches of their profession. enumerating in his “ History of Europe” the

A Scotch pall-bearers at the funeral of Wellington, idle

, and drink, and spend the poor creatures’ | physician of eminence has recently urged transformed the name of Sir Peregrine Mait

desperately gained earnings in the taverns. that the law should so recognize degrees in land into that of Sir Peregrine Pickle—the

The young men have a way of looking out insanity as to apportion punishments or rehero of one of Smollett's novels—and pei.

for strong, healthy wives, with this very pur- straints according to each degree. Some ther the historian nor the proof-reader de

pose in view. If they can win the heart of a crazy people, he boldly affirms, are tected the error, nor was it discovered until “likely girl” by such rude blandishments as

crazy to be hanged, but not too crazy to be after the volume was published. It is clear

they are masters of, they are made for life. consigned to penal labor and to the floggingthat this blunder arose from an association For them are the tavern and the skittle-post. It need scarcely be said that at pres

ent the law only draws the line at the point of ideas prompted by the identity of the ground, for their wives the merciless and Christian cognomen in the two names, the

eternal forge. Then if children come, they of moral responsibility. If the criminal is author writing Pickle when all the time he

must perforce be left to wander ragged about sane enough to know the wickedness of knew that Maitland was the word, and in

the dingy founderies, and drift in grimy what he is doing, punishment accordingly correcting the proof read wbat ought to have

shoals on toward a very dark and dreary inexorably follows. If he is not, he is acbeen written. Errors of this kind are so

puberty. Ten hours a day is the ordinary quitted of all punishment whatever, although

time of labor for these women ; and they get not perhaps of all restraint whatever. There common with writers that it is difficult to understand why Mr. White's article has met eight shillings—two dollars—a week! But is very likely something sound in the Scotch

doctor's proposition ; for it has at least come with so much derision. Have these sneering they have to purchase their own forging fuel,

and rent their own stalls to work at; these to be admitted that insanity is of infinite critics never committed mistakes of this kind? They may have not, but we bave; and

expenses reduce their wages by three shil- degrees and shades, and that cases of mono. so have many of the ladies and gentlemen lings. Their net gain, therefore, is a pitiful mania are no less common than cases of who contribute to the pages of the JOURNAL.

five shillings a week—and this must suffice minds wholly and irredeemably overthrown. These errors are commonly detected in time,

for food, for lodging, for clothing, for nurses, The inference, therefore, is that many who either by the proof-readers or by ourselves,

for doctors, and for the husband's low com- are of partially diseased brain may commit but occasionally one slips by us all and gets fort at the public-house.

crimes, being conscious that they are doing

These wretched slaves for they are before the public. We, therefore, instead of

so; and these ought surely to be punished. finding in the Galaxy article food for derisive

surely not a whit better—are “bossed” by The difficulty lies in the scientific imperfecgangs of “ factors

and laughter, confess that we are entitled to a

foggers who tion, which is yet unable to determine the place in the list of blunderers cited by Mr.

would not for a moment bear comparison degrees of insanity with that amount of acWhite, and are glad to see the strange and

for gentleness with the very worst specimens curacy which would enable them to be inoften embarrassing phenomenon philosophic.

of Southern overseers in slave-holding days. corporated in a precise code of criminal ju. ally considered and expounded.

They are generally as hard as the iron that is risprudence. At present, insanity is often forged into nails, and as merciless as human adopted as a convenient defense when none

machines, paid to have no hearts, usually are. other is possible, and this is principally dan. TRULY that is a sad and shocking story We have heard much of the bad condition gerous in the facility offered to it by the conwhich has just been told the English public of English factory operatives; but we are tradictory evidence of even the best medical by one of the factory-inspectors. He frank. | inclined to think that the story of the female Undoubtedly partially insane men ly admits, too, that his story is not a tithe nail- makers of the Black Country is the sometimes go scot - free after committing of the truth about the employment of wom- worst yet told. It almost excites a smile to crimes for which their insanity does not renen and children; with a tenderness so un- see the device of a London paper for effect- der them irresponsible. This is a necessary




evil, to be remedied only by further and pa- 1 given in the preceding pages all that has been objects described, and with no attempt at tient scrutiny into the causes, action, and er

written on the subject. Before a perfect ac- mere pictorial embellishment."

count of all that the native races left can be fects, of diseases of the brain.

Our second reason for ascribing a pre. written, before the material relics can reveal

eminent value to this treatise on American all they have to tell about the peoples whose work they are, a long and patient work of

antiquities is its conservative tone and the Literary. exploration and study must be performed

scrupulous consistency with which its author a work hardly commenced yet even in the

adheres to the recorded facts. Even if it thickly-populated centres of Old-World learn- had no other merit, Mr. Bancroft's work THE fourth volume of Mr. Bancroft's “Na- ing, and still less advanced naturally in the would be invaluable as an antidote to the wild tive Races of the Pacific States is broad, new fields and forests of the Far West.

guesses of speculative theorists which have devoted to Antiquities, and, besides present- In this volume the general reader may find an bitherto almost monopolized American archeing a detailed description of all material accurate and comprehensive, if not a very fas- ological discusion; and his habit of exam. relics of the past discovered within the tercinating, picture of all that aboriginal art has

ining every thing by “the cold, white light ritory falling properly within the limits of produced; the student of ethnological topics

of reason " gives us good reason to hope that may found his theories ou all that is knowa his work, gives a general view of the corre

in his forthcoming fifth volume-which is to respecting any particular monument here sponding remains in South America and the spread before him, rather than on a partial

deal with traditional and written archæology eastern portion of the United States. It is knowledge derived by long study from the ac

—we shall at last learn precisely how much worthy of notice that here, for the first time, counts in works to which he has access, con

and how little we actually know concerning the pathway wbich Mr. Bancroft marked out tradicted, very likely, in other works not con- those mysterious peoples whose civilizations for himself in the beginning leads him over sulted-and many a writer has subjected him- preceded our own on the North American ground that has been more or less thoroughly

self to ridicule by resting an important part Continent. worked by his predecessors; and it is, per. Smith, which has been proved an error or a

of his favorite theory on a discovery by
haps, the best possible evidence, both of the
value of his plan and of the excellence of its

hoax by Jones and Brown; thu antiquarian
student may save himself some years of hard

A VERY charming story, wbich ought to execution, that, in spite of the charm of perlabor in searching between five hundred and

have been noticed earlier, is “One Summer" sonal experience and adventure possessed by a thousand volumes for information to which

(Boston: J. R. Osgood & Co.). Even the the works of Stephens and Catherwood, he is here guided directly, even if he be un- word "charming" hardly expresses with sufSquier, Norman, Charnay, Waldeck, and oth- willing to take his information at second hand; ficient emphasis the pleasure we have taken ers, this volume will at once be accepted as by and, finally, the explorer who proposes to ex- in reading it; it is simply delightful, unique far the best, the most complete, and the most

amine a certain section of the country may ac- in method and manner, and with a peculiarly trustworthy treatise on American antiqui- quaint himself, by a few hours' reading, with piquant flavor of humorous observatiou. The ties that has ever been published. It is enall that previous explorers have done or failed

plot, indeed, is commonplace: a city young to do, and by having his attention specially titled to this position for two reasons, one of

lady meets a city gentleman wbile summering called to their work will be able to correct which will be mentioned further along in our their errors and supply what they have neg

in a New England village, with results dear to notice; the other and most important is that lected.”

the heart of novel writers and readers. But it is encylopedic in scope, embodying the re

here ends whatever of commonplaceness the searches and observatioes, not of one trav- But little need be added to the foregoing story contains; the action is rapid and draeler, but of five hundred, and combining in a description of the scope of the work; and matic, the incidents fresh and appropriate single panoramic view the whole vast net- Mr. Bancroft's literary methods and style and vividly narrated, and the character-drak. work of monumental relics left by the abo. have already been sufficiently indicated in ing exceedingly good. The character-drawing rigines of our entire continent. These re- our notices of previous volumes. One feat is the strong point of the book, and marks it searches, moreover, are not given in a sum- ure of the present volume which calls for as a work of genuine promise ; for, though mary or condensed, and therefore incomplete, special mention are the notes, which furnish the entire canvas is small-too small to adform, but are reproduced, so far as facts a copious and continuous commentary on the mit of elaboration-the several dramatis perand results are concerned, in full; so that text, scarcely less interesting, even to the sonæ stand forth with the distinctness of inMr. Bancroft's description of Copan, for in- general reader, than the text itself. These dividual portraits. Philip (igden, for exam. stance, or Uxmal, or Chichen, or Palenque, is notes give full references to and quotations ple, who acts the difficult part of hero, is of far more complete than that of any other from all the authorities consulted, thus sup- a type rare in fiction-a man who is a gentle writer wbatever. It is also more trustworthy; plying a complete index to all that has been man without being “ knightly," and intellifor, by careful study and comparison of infor- written on the subject. They contain, also, gent without being priggish. His debut into mation drawn from all available sources, the bibliographical notices and historical details the narrative occurs under rather awkward witnesses mutually corroborating or correct- of the discovery and successive explorations circumstances; but he advances steadily in ing one another's statements, the author has of each ruin, critical discussions on dis. the reader's estimation until before the close probably arrived in each case practically at puted points, hints as to the relative accuracy we are disposed to take his part even against the truth. The task must have been most and trustworthiness of different authors, and that most perversely-fascinating of recent laborious; and we can well believe that, other information of great interest and val- heroines, “Leigh” herself. Tom, too, and " though necessarils, to a great extent, a ue. Of course no clear idea of architectural Hetty, the irrepressible young married couple, compilation, the volume is none the less the remains or other material relics could be con. are cleverly drawn and amusing, though they result of hard and long - continued study.” veyed without pictures; and accordingly the rather tend to keep one's teeth on edge with But Mr. Bancroft does not exaggerate the volume contains numerous illustrat ns, in- the persistence and brilliancy of their reparvalue of his work to the student of archæ. cluding a general map of the entire region, The author's masterpiece, however, ology or ethnology when he comes to sum plans and charts, ground-plans and eleva- | the portrait of Jimmie Holbrook, familiarly up results in one of the later chapters : tions of important edifices, and pictures of known as “Gem." The Small Boy is not un"I have gone," be says,

over the whole sculpture and other decorations, idols, imple. known in literature, and no one can deny bis extent of the Pacific States, from the south- ments, ornaments, and hieroglypbics. “Or charms who has read Dickens's “Martin Chuzern isthmus to Behring Strait, carefully ex- the cuts employed,” says Mr. Bancroft, zlewit;" but in the person of “Gem" he reamining, so far as written records could en- “many are the originals taken from the pub. ceives his apotheosis. It is not possible that able me to do so, every foot of this broad lished works of explorers, particularly of be should ever be made more purely and utterritory, in search of the handiwork of its

Messrs. Stephens and Squier, with their per- terly delightful. Before our acquaintance aboriginal inhabitants. Practically I have

mission. . . . Where such originals could not with “Gem” has ripened into what may be

be obtained I have made accurate copies of called intimacy, his very name on the printed * The Native Races of the Pacific States of North America. By Hubert Howe Bancroft.

drawings carefully selected from what I have page calls up a smile, half humorous, half

Vol. IV. Antiquities. New York: D. Appleton & Co.,

deemed the best authorities, always with a tender; and, when the exigencies of the lore. į view to give the clearest possible idea of the making consign him to the sick-bed, the story

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