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advice is generally worth listening to. They are Without that enthusiasm, which if it prompts in everything hybrids between the man of thought self-sacrifice is unrelenting in its exaction of similar and the man of action ; and a very pleasing mixture sacrifices from others, Sydney Smith was throughthey are.
out life kind and disinterested. It has been insin'The great secret of Sydney Smith's success was uated that his only two prominent appearances of that he knew his place. He had taken a just late years were dictated by selfish motives. This measure of his own powers, and did not aspire to is unjust. In the case of the Canons Residentiary be anything else than he was. He was quite he raised his voice less for Sydney Smith than for aware that he could suggest to public men views one of those classes whose individual hardships which they might have overlooked—that he could are too apt to be disregarded in sweeping or express their views in a better and more taking bungling measures of reform. His identity of manner than they could—that there was a charm position enabled him to enter thoroughly into their in his compositions and conversation to make them feelings; but it was more their feelings than his run after." He felt that he could make himself own to which he gave utterance. In the case of necessary, and thus secure an agreeable position the Philadelphia Repudiation there can be little in society. And he did not fall into poor Swift's doubt that the pleasure of lashing the swindlers mistake, who, with pretty similar claims imagined amply repaid him for the loss that roused him to he could be master and dictator of those active the exertion. spirits to whom he was only competent to be an We hear less of Sydney Smith's writings than indispensable auxiliary. Sydney Smith was aware formerly. Other topics of the day have superseded that he could not become a Brougham, or even a those about which he wrote. His writings have Lord John Russell : but he felt that he knew them been relegated from the club and coffee-room to the both thoroughly ; and on their parts they had a library; and age has not yet winnowed away the rather uneasy consciousness of the same kind. To chaff of contemporary scribblers amid which his this tact and self-knowledge Sydney Smith added wheat is deposited. But his time is coming again. the advantage of being older than the colleagues His broad and genial humor, his reality, his shrewd with whom he started in life, and of having from appreciation of character, will insure his Sibylline his education at an English University something leaves a share in the immortality of the Montaignes less of the provincial. They believed that he and Steeles of past generations.--Spectator. knew more of the world, and was less liable than themselves to be carried away by mere impulse or one-side knowledge; and the ascendency he had at the outset he maintained to the end. This gave
THE UNITED STATES. him an authority in their conclaves, confirmed by The house of representatives have declared in that strength of character which passed through favor of annexing Texas and organizing a territothe intoxicating experience of a fashionable preach- rial government in Oregon ; and they have reer in the metropolis and a favorite of the salons ceived petitions from Michigan and Maine praying without having his head turned. To all these cir- for the anneration of Canada! The government cumstances he owed that he was an independent of Texas disclaims all desire to be incorporated power even in the Dom-Daniel of Holland House. into the union; the bill for organizing a governThe few frequenters of that circle who were strong ment in Oregon is a violation of an existing treaty in conscious power, and they who enjoyed the with England; and the Canadas certainly have hour without reflection, could relish Sydney Smith: evinced no wish to fraternize. The spirit that but the innumerable shams who must always com- animates the house of representatives is a lust of pose the bulk of such a coterie, feared while they domination, as precipitate and insatiable as that of were proud of him. He was one of those awkward any crowned tyrants, the butts of Americar oraallies who are not always easily managed, and tory. with whom men dare not break.
The rational and honest portion of the U. S. Much of the charm of Sydney Smith's writings citizens endeavor to reässure other countries by lay in the manner; but the matter was still more protesting that the senate never will adopt such valuable. His views, if not strictly original, were measures. Let us hope so; matters are already in his day uncommon; and he had made them his bad enough when one of the three coördinate own. He did not merely repeat what discoverers branches of the legislature can violate decorum told him; he saw himself what they pointed out, and respect for the rights of other nations to the and in his own way. He wrote only about what he extent of passing the Texas and Oregon bills. thoroughly understood : he was master of his sub- But how long can the senate persevere in resistject, not mastered by it. He was thus enabled to ance to these annually-repeated assaults on its virplay with his theme—to insinuate truths playfully, tue? It stands between two fires ; the president from the severe enunciation of which the public is as friendly to the acquisitive line of policy as mind would have shrunk. A suggestive fancy, the house of representatives; and both are urged and rare patience of elaboration, came to the aid on by popular feeling. The house of representaof this self-possessed disposition. But this talent tives is goaded by petitions for annexation and apwas always regulated by good sense, and kept in propriation ; General Jackson publishes oracles, subordination by earnestness of purpose.
Even ibai if Texas be not acquired peaceably now, it in his wildest license of burlesque he never trans- must be hereafter by the sword; and even Mr. gressed the limits of good taste, and there was John Quincy Adams tells stories about pattern always meaning and a useful aim in his jokes. young Americans, looking on the St. Lawrence
Few have pioneered so effectually the cause of and exclaiming, “It is and must be ours !". The reform in education, the law, and our political in- senate is elective as well as the other branches of stitutions; and of all the leaders of liberal opinion, the legislature; for how long can the honest he alone, perhaps, never stooped to coquet or com- Americans guarantee to England, Texas, and promise with the vulgar and mawkish cant of Mexico, (California being already eyed wistfully Exeter Hall.
I by the annexers,) that the senators who stem the
torrent of national cupidity will be allowed to own. By what right do we authoritatively interretain their seats?
pose to regulate under penal laws the conduct of The hardest task of the respectable class of foreigners? What right has one nation to interAmericans, of late years, has been to apologize fere with the citizens of another, except for its for their government. The government wished own protection ? Admit that we have a right to to abolish slavery; the government wished to pre- enforce our moral convictions vi et armis on alien serve national faith inviolate; the government nations, and we acknowledge the right of Rome, highly disapproved of the conduct of the New if she can, to impose Popery on us--of Islam to York sympathizers; but the government was introduce the Koran and polygamy. We arrogate checkmated in all its attempts to redress those the right to meddle with the citizen of the United wrongs, by “States rights.” Foreigners and States in such way that one state of the union negroes are not the only parties for whom the dares not pretend to act towards another-in such United States Government is too weak to procure mode as that encroachment which now causes war justice. In North Carolina there is a law that between the sovereign states of the Swiss Confedevery sailor of color in a foreign vessel shall be kept eration. Observe, if we speak only of moral conlocked up until his vessel departs ; under this law, viction and free consent, we must negotiate withfree black citizens of Massachusetts have been out cannon at our backs, without diplomatic rerepeatedly deprived of their liberty ; the Govern- serves, or custom-house bribes. The customment of Massachusetts lately sent an agent to re- house bribes are out of place, because we do not monstrate against this conduct of the Carolinian au- seek to purchase a benefit conceded to ourselves, thorities—the envoy, and (apparently) his daugh- but to dictate what another government shall do ter also, were only saved from the American to its own subjects, according to our code. Our accolade of tarring and feathering, by the gentle claim is a monstrous violation of sovereignty, to compulsion of some gentlemen who conveyed them which nothing but meanness or cowardice will on board ship and obliged them to set sail. induce any foreign country to submit.
Respectable citizens wish their government to The limits of our just interference are very be thought the best-disposed and most honorable clear; they are the limits of our ordinary jurisdicin the world; but, unfortunately, it lacks power tion—territory and allegiance. If we have come to give effect to its good intentions. It can only to certain conclusions as to what is crimė, we sigh over the excesses of its subjects, (we beg have a perfect right to enforce the rule within our pardon—"citizens,”'), not prevent, check, or pun- own territory and upon our own subjects. Let us ish them. Do the Americans fancy that other abolish slavery, if we will, and show, if we can, nations will always be put off with these whining that it is not only virtuous, but prudent, safe, and protestations of weakness and regret? that injured, profitable to do so. Do not let us burden our insulted, and sufficiently powerful European states, servants with the duty of enforcing English laws will not some day take in hand to punish those on Spaniards, Portuguese, French, and Ameriwho are too strong for their own government? cans, all along the coasts of Africa and America. Do they fancy that when other nations see their Such an enterprise would be clearly impracticable governinent not only tolerating the outrages of the and silly; it has failed for half a century. Limit worst class of citizens, but carrying into act its the police-restraint to our own jurisdiction and dishonest mandates, suspicions of complicity will territory. Let it be piracy for an Englishman to not be awakened ?
engage in the slave-trade, and few Englishmen In the United States are to be found individuals will run the risk of death or perpetual exile for any and classes as honorable, as intelligent, as in any share of profit. Above all, enforce the law, fully country in the world. Amid all the obliquities of and without qualification, that every man standing other departments, the bench of the United States on soil owned by Britain is a freeman; admit no has maintained its character untarnished. The qualification to that rule ; grant that it may cause officers of the army and navy are, as a body, gen- you to harbor a few runaway criminals, but say, tlemen in the strictest acceptation of the word. that so long as a nation consents to own slaves and The educated clergymen of the union are, in gen- makes freedom a crime, you will not venture to eral, men of integrity, and set an excellent exam- discriminate between the culprit and the innocent ple. But, year after year, these classes appear to fugitive at the suit of the slave-owning state ; do be losing their hold upon the executive and the all that, and you do all within your jurisdiction to legislature. It is not merely that these are now, secure personal freedom. That done, let your as they ever have been, forced to give way before colonists compete to their hearts' content with mobs, and content themselves with repairing the slave-traders in obtaining labor from Africa. There damage as they best might after the mischief has is no chance that under cover of such migration been done. They are worsted at every election ; a slave-trade would arise ; for as you refuse to the degrading sentiments of the inere rabble are recognize any bond—as you begin by regarding unblushingly avowed in their legislatures. The every man as a freeman, and acknowledge no obli constitution of the United States seems on the eve gation except such as he may incur after your reof changing from a democraoy-for demos elevates cognition of his liberty-you would frustrate the the whole people-to a kakocracy.--Spectator, 1 whole end and aim of slave-trading. You make Mar.
the transfer of the slave from dealer to purchaser impossible. Slave-traders deal in slaves, not in
freemen ; could you convert the cargo of a BaltiARMED SUPPRESSION OF THE SLAVE-Trade. more clipper, on landing, into so many Yankee
citizens defying ownership, you would have very Seeing clearly the mote that is in our brother's few Baltimore shippers investing money in that eye, let us not neglect a considerable speck in our trade.-Spectator, 1 Mar.
pediatur sententia—The antecedent bears relation
to what follows next, unless it interferes with the ECONOMICAL LUXURIES.–From recent accounts, meaning of the sentence. if it be true that mesınerism can convert water into
An indictment against John, the husband of beer or wine, and can work changes in the gas- Elizabeth Yeoman, is good ; for though Lindley tronomic way that Bradwell, Döbler, and Time, Murray would say the yeoman meant Elizabeth, were they to put three heads together, never could the law would say that a woman can't be a man, invent; why not then apply this new science of and that John, the husband, must be considered as cheap cookery to the improvement of workhouse the Yeoman referred to. So, in the case of the Jarders! Only consider the saving to each parish actor who burst in upon Richard the Third, exin the poor's rates, if the paupers were to imagine claiming, “My lord, 'i is I, the early village cock," the New River Moët's champagne, paving-stones and forgot the remainder of the passage-it is clear Joares of bread, and deal-boards haunches of veni- he could not have been sued as the early village son! The same legerdemain might be practised cock; for such a description, though grammation everything that passed their mouths ; and the cally correct, would have been at variance with all paupers, whilst they would fare at less cost, if probability. possible, than at present, would have the mental
OF Logic.-4. Cessante causâ cessat effectusenjoyment of imagining they had been dining off When the cause ceases, the effect ceases. This luxuries hitherto the abdominal perquisites of alder, maxim may be read either backwards or forwards ; men. Every Union will become an Arcadia, stocked for if it be true that when the cause ceases the with venison and currant-jelly, and poverty be a effect ceases, it is, à fortiori, a greater truth that thing only to be met with in works of fiction ! when the effects cease the cause will cease ; for
The Millennium, by the aid of magnetism, will be the lawyer, when he finds the effects all gone, brought to every man's door ; and the pot will be will let the cause come to a stand-still. kept boiling all through the world by means of
Though it is a general rule that effects cease the electric fluid.
there are cases to the contrary. And
the books tell us of a man who had a thrashing New TITLES OF HONOR.-It is stated to be the which caused him much pain, and the pain which intention of her majesty's advisers, in emulation of was the effect did not cease when the thrashing, the titles common in Spain, such as “ Duke of which was the cause, had been for a long time Victory," " Viscount of Loyalty," (recently conferred on the Baron de Meer,) &c., to institute a 5. Some things shall be construed according to new set of dignities, taking their denominations the original cause thereof.-Thus, if two men have from the qualities most distinguishing the intended a quarrel, and some long time afterwards fight, it recipieats. Thus, a noble ex-chancellor is to be is presumed they fought because they quarrelled ; created " Viscount of Vinegar;” Mr. O'Connell, but in the Irish courts, and some of the courts “ Viscount of Vituperation ;" and Sirs R. Peel about St. Giles', it has been decided otherwise. and J. Graham, (from the epistolary perfection of It has been there held that fighting may be carried the one, and the deciphering capabilities of the on from mere love and affection, and the fight is other,) respectively, " Lord Letterwriting,” and quite independent of any quarrel that may have “Lord Lelierreading.”. Nor are the new titles to preceded it. be confined to the political world ; Lord W. Len
6. Some things shall be construed according to nos, we understand, is to be raised to the peerage the beginning thereof.-Thus, if J. S. throws a by the style of " Viscount Scissors, of Sheffield;" stone at J. D., and misses him, and J. D. runs and the celebrated Mr. Grant, “Earl of English after J. S. to thrash him, and J. S. is beforehand Grammar," Mr. Bunn, the poet, is to be " Baron and knocks him down, J. S. is guilty of the asof Blazes ;' and the chivalrous Mr. Widdicombe sault, for he began by throwing the stone; and J. will have the appropriate title of “Marquis Methu- D. stands in the best position in the eye of the saleh.” However unusual it may be to ennoble law, though in other respects he has got rather the a Lord Mayor, or other city dignitary, we also worst of it. hear that, in consideration of his distinguished 7. Some things are construed according to the merit, the present occupant of that honorable end thereof.-Thus, a brilliant finale may save a office is likely to become “ Baron Brass."
dull opera, and a prosy speaker makes us feel sat
isfied with him at the end because we are pleased PUNCH's nor'S MAXIM$.
to find his speech is over.
8. Derivativa protestas non potest esse major OF GRAMMAR.-For ages the law has regarded primitiva—No power derived can be greater than Grammar as a guest at a dinner-party regards that it is derived from. The application of this champagne, taking it when it happens to be there, maxim is clear enough : for instance, “the bailiff but never insisting on having it. “ It has been of the disseisor shall not say that the plaintiff has setiled,' says an old jurist, “that Alfred the nothing in the land,” which is a nut that the legal Great lived before Lindley Murray, and as Alfred student may craok at his earliest convenience, made a very good code of laws without the aid of There are, however, cases in which a derivative Orthography, Etymology, Syntax, or Prosody, it power is greater than that from which it is dedoes not seem that the law absolutely requires any rived; “ as where a ticket-porter,” says Finch, one of them." Lycurgus, the Spartan lawgiver," is empowered by me to carry a chest of drawers was no great grammarian; but it was faoetiously on the top of his head, surely his power is greater said of him that he could decline though he would than mine in this respect.” Howell, in his never conjugate ; for he deolinad his brother's familiar letters, alludes to this as a knotty point, widow, and refused to enter into the conjugal state and makes no attempt to unravel it, with her. The only law maxim bearing on gram 9. Quod ab initio non valet, in tractu temporis
non convalescil—That which is not good in the 3. Ad proximum antecedens fiat relatio, nisi in beginning no length of time can make good.
Thus, if an infant makes a will it is bad, and if the cannot in law be taken from it; but an incidental
of a lower nature.—Thus a written agreement de-
brandy-and water-after it. An act of Parliament can only be avoided by an 18. Naturæ vis marima–The force of nature act of Parliament; and doubtless to save trouble, is the greatest. This maxim means that no Parliament frequently provides for this in one and power is greater than natural affection; but the the same act, by leaving loopholes in it, which ren- power of the steam-engine was unknown when der it easily voidable.
the maxim was written. Parental affection ap11. He who claims a thing by a superior title proaches nearer to steam; for a father frequently shall neither gain nor lose by it.-" Though,” blows up his child, and in some cases a good deal says Knight Bruce, " if a purchaser claims from of the affection of the former has been known to his wine-merchant a dozen of champagne, and gels evaporate. gooseberry, thus in fact claiming the gooseberry by 19. The law favoreth some persons. The reader the superior title of champagne, he does both gain will no doubt think that Noy was in a merry and lose; for he gains experience, and loses the mood when he talked of the law favoring any one value of his money.” In the old editions of Noy, but the lawyers themselves, though when it is we are told in illustration of this maxim, that “If ascertained who the favorites of the law really an executor recovers and dies intestate, and J. S. are, the maxim is not quite so enigmatical. The administers to the goods of the first testator, J. S. favored individuals are women, infants, idiots, shall not sue out execution upon this recovery." madmen, and persons without intelligence, who The only difficulty about this case appears to be being all of them helpless, may be supposed to how the executor happened to die, when we are fall an easy prey to the law, and are therefore its distinctly told that he recovered.
favorites; in the same sense as the sparrow is the 12. Debile fundamentum fallit opus-A weak favorite of the hawk, or as the lamb is the espetoundation destroys the superstructure.—Thus, a cial pet of the wolf, when the parties happen to very seedy coat will ruin the effect of a new hat, come in contact. The doctrine of tit-bits offers a and a horse will inevitably break down if he has wide scope for discussion; but it may be laid not a leg to stand upon. If he who claims the down as a general rule, that where the law gets freehold is defeated, all his tenants are defeated hold of an idiot with property, it will favor him in also, because the foundation is gone: and so, if the one sense for it will make much of him. The parlors (occupied by the landlord) should tumble gallantry of the law in classing women ar.d lunain, the floors above (let out in lodgings) would be tics together may be questionable ; but this is a sure to follow.
point we leave the lawyers and the ladies to settle 13. Incidents cannot be severed,- This maxim between them. means that anything incidental to something else 20. The law favoreth a man's person before hiz
possession. This is true enough ; for the law will Now, of the “expense" of breaking into a not spare a man's property, though it will often church we have not the remotest idea. We preleave his person unmolested. Thus, the law will sume, however, that it must be a costly operation. not lay hands on an idiot's person, even for fel. We particularly admire the word “removed :" ony, but it will lay hands on his property, by there is a fine delicacy in the phrase that is quite taking the earliest opportunity of clutching hold diplomatic. It is quite a touch for a prime minister of it.
or an ambassador, and here we find it pressed into 21. The law favoreth matter of possession more the service of a half-repentant gallows-bird. than matler of right, when the right is equal.- moved" is a good phrase. It was thus Napoleon Thus, if two persons were to knock a man down "removed" pictures from churches; it was thus with the intention of robbing him, the law would, he “removed” the Horses of St. Mark to the according to the above maxim, favor the thief gate of the Tuileries. The thief of St. Thomas', who managed to get possession of the property. however, betrays symptoms of pusillanimity that “ This,” says Spelman, " is the doctrine of first never disgraced the imperial robber. Our knave come first served ; for if six people sit down to hints of the anxiety" that has followed the dine on a chicken, it is clear that they cannot all transaction. It is clear there is a tender place in take; but he that is first seized, or rather seizes his conscience, as he plainly enough staies that first, will be entitled, though the right of all was " it is the first time" he has had to do with a in the first instance equal.” In the above case church.” Ha, this is it! He is but “ young in the remainder-man has no relief, even though crime.” Had he only “removed" as many valuthere may have been covin, for he has only a con- ables from churches as certain French marshals, tingent interest, which the estate-or chicken- he would have shared with them their heroic freemay not be large enough to satisfy.
dom from all " anxiety'' about the matter. To be 22. Matter of profit or interest shall be taken sure the world, in its lamentable ignorance, enterlargely, and it may be assigned, but it cannot be tains a different notion of the robber and the hero. countermanded. But maller of pleasure, trust, or To be able to lay hands upon church valuables by authority, shall be taken strictly, and may be coun- means of crow-bar, pick-axe, and lantern, is termanded.-- This maxim is somewhat long, or, as sacrilegious infamy—to take down pictures and Coke would say, it goes great lengths : for when carry off church-plate with beating drums and it says matter of profit should be taken largely, it Aying colors—that is a part and parcel of glory ; seems to hit at the law itself, which does cer- one of the lawful sweets of soldiering. One act tainly take as largely as it can any matter with is rewarded with a rope, the other with a garland. profit attached to it. If I allow a man to walk in my park, he cannot bring any one else to walk
WAKLEY'S ADDRESS TO HIS PROFESSION. with him, for it is merely a matter of pleasure ; but if I allow him to come to play at leapfrog in
Ye who have for Science bled, my yard, it is doubtful whether he could not bring
Ye whom WAKLEY oft has led, a few friends, for no man can play at leapfrog by
Who by Medicine earn your bread, himself, and the permission should include every
Or by Surgery : thing necessary to the full enjoyment of it.
Now's the day and now's the hour, A license to come into my house to speak with
find me may be countermanded, for, if the party takes
your prospects low'r? too much license and becomes impertinent, I may
See approach gross Humbug's power ;
Graham and Quackery! show him the door: as in Smith's case, where Smith was asked in, but beginning to dun for his Who would be so green and base, small account, the license to speak with me was As to Parr to yield his case ; revoked, and Smith, growing rude, was sent fly Or to Holloway give place? ing (vide Shower) down the hall-steps, till he
Let his patients flee. became tenant in tail of the pavement.
Who's for Medicine's rights and claims ? Church Thieves.—Thieves are, now-a-days,
Who will vote against Sir JAMES ?
Who would “burke” that bill of GRAHAM's? such prosaic rascals, that their doings have ceased to interest us. Perhaps it is that the graces of
Large his practice be. modern fiction have so elevated and set-off the
Down with our Profession's foe! burglar and the highwayman, that we are dis Tooth and nail against him go; appointed with the blank vulgarity of the real
Quacks are floored at every blow, thing. It is like seeing a Coburg Richard, reduced
At him, then, with me! to a Tweed-wrapper and a cotton umbrella, picking his way along the New Cut. We were, therefore, somewhat tickled by an epistle, sent, on the
Carte d'un Restaurant. Londres, 1845. 22d ult., by some sacrilegious knave, to the Rev. The volume now before us, mentally speaking, Mr. Dee, of St. Thomas', Southwark. Some is, in plain English, the bill of fare at a celebrated months back, the church was robbed of its com- French eating house at the West End, at which munion-plate. One of the thieves, however, treats we dined the other day. We have no disposition for its restoration. We extract from his homely to quarrel either with the contents of this book, epistle:
or the matters which they relate to ; but there is a " Reverd Sir,—The reward as is offred is not certain addition which, we would suggest, might, enaff for the plate removed from the church as the and ought to be made to them. They require expenses as been very heavy and the anxiety if you notes. It is true that opposite to the French list are disposed to make it fifty pounds to be divided of dishes there is an English parallel ; but this, in amongst us it may be restord as this is the first time many instances, is no translation at all : and, even have had to do with a church.”
if it were, would be useless. What, for instance,