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From the Economist.
woollen, or flax, as well as cotton. The solitary exception of Mecklenburg, there will material, after being dried in the dark, is be practically one Customs Union. exposed to the light with a perforated screen There is now no difficulty in the way of of paper, by which the pattern is formed. reöpening the conferences for the renewal of Projectors are busy in many places upon the the Zollverein with the accession of the electric light, and some of them are erelong to Steuerverein; and it is easy to foresee that the succeed in producing it. It is one of those States of the Darmstadt coalition will this things which we must believe only on the time offer no unnecessary obstacles to their soundest demonstration. And to conclude own reädmission. By the agreement of with a fact interesting to all who are inter- Austria on the south with Prussia on the ested in books; the Academy of Moral and north, their own flank is turned, they are out. Political Science of Paris have elected Mr. manoeuvred, and their adhesion becomes a Macaulay one of their members, and the King matter of almost geographical necessity. of Prussia has made him a knight of his Order of Merit.
PRINCIPLES AND EFFECTS NOT PATENTABLE. - The Supreme Court of the United States at
its late session decided that principles, or a GERMAN COMMERCE.
new power, or new results, cannot be patented,
but only the processes by which the new The new commercial treaty between Austria result is obtained. Judge McLean, in anand Prussia is to come into force on the 1st of nouncing the opinion of a majority of the January, 1854, for the term of twelve years ; Court, said :but, immediately after its commencement, The word principle is used by elementary commissioners are to be appointed, who shall writers on patent subjects, and sometimes in adinquire into the possibility of increasing the judications of courts, with such a want of prefacilities of intercourse by the further reduction cision in its application as to mislead. It is ador total repeal of duties, the object being to mitted that a principle is not patentable. A prepare the way for a perfect unity of customs principle in the abstract is a fundamental truth, even previous to the expiration of the present an original cause, a motive ; these cannot be treaty.
patented, as no one can claim in either of them The right of becoming parties to this treaty exist to a new power, should one be discovered
an exclusive right. Nor can an exclusive right is reserved by Prussia for all the German in addition to those 'already known. Through States that may be members of the Zollverein the agency of machinery a new steam power may on January 1, 1854, or subsequently may be be said to have been generated, but no one can
On the side of Austria the same appropriate this power exclusively to himsel: right is reserved for her Italian territories. under the patent laws. The same may be said
On the 23d instant Hanover published her of electricity, and of any other power in nature, new tariff, which is to come into force from which is alike open to all, and may be applied to the 1st of March, preparatory to the incorpora- useful purposes by the use of machinery. tion of the Hanoverian Steuerverein and the In all such cases the processes used to extract, Prussian Zollverein on the 1st of January, modify, and concentrate natural agencies con1854. By the same edict Hamburg has ceased stitute the invention. The elements of the power to be a free harbor.
exist ; the invention is not in discovering them, Seldom has so comprehensive a treaty been but in applying them to the useful objects. concluded between any two powers as this Whether the machinery used be novel, or consist
of a new combination of parts known, the right between Austria and Prussia, not only affecting import, export, and transit duties, but also of the inventor is secured against all who use the internal and coast navigation, railroad traffic, stantially the same. A patent is not good for an
same mechanical power, or one that shall be subdouane at the frontiers,
and reciprocal protec- effect or the result of a certain process, as that tion to the subjects of both crowns at the would prohibit all other persons from making hands of the consuls of either power ; even a the same thing by any means whatever. This, common coinage and identical weights and by creating monopolies, would discourage arts measures belong now to the number of possi- and manufactures against the avowed policy of bly attainable acquisitions. It is the first the patent laws. real step towards German unity, or anything A new property, discovered in matter, when approaching to hearty and sincere coöperation, practically applied in the construction of a usesince the dark and melancholy days of Napo- ful article of commerce or manufacture, is patentleon's tyranny,
able, but the process through which the new After the lapse of this year the whole property is developed and applied must be statel centre of the continent of Europe will be mechanic to construct and apply the necessary
with such precision as to enable an ordinary united in one solidarite of commercial and process. This is required by the patent laws of fiscal regulations, if not of interests ; from the England and of the United States, in order that plains of Lombardy on the south to the coasts when the patent shall run out the public may of the Baltic and the North Sea, with the know how to profit by the invention.
From the Spectator. discovered and named Prince of Wales Land. KENNEDY'S SECOND VOYAGE OF THE The journey extended over two degrees of
latitude and ten of longitude - 720, 74° north PRINCE ALBERT. *
latitude, 90° to 100° west longitude. The principal feature of this volume is a Mr. Kennedy's residence in America has winter beyond the Arctic circle, and a foot given to his style somewhat of the forced journey of some eleven hundred miles over vivacity which distinguishes the penman of land and frozen seas in the spring, which in the New World. Yet his narrative really that region is equivalent to winter. The ex- makes the hardships and merit of the advenpeditions in search of Franklin, fitted out by turous journey appear less than they must government, have been directed to explore the have been. În Europe, a man who should seas and islands to the westward or the lands undertake to walk a thousand miles in two and channels to the northward of Barrow's months, in the fine weather, would look upon Strait. It appears to have been considered by it as a feat. In this Arctic journey, six men Lady Franklin and her friends, that the land and five dogs dragged or carried amongst them on the south side of the Strait might perchance about two thousand pounds' weight (which, furnish some traces of Sir John and his hardy however, continually diminished by conband, and that it ought to be thoronghly ex- sumption), slept in snow-houses, encamping plored. The first expedition undertaken for five or six nights upon frozen seas, almost through her personal exertions and influence dependent upon their own stores for their had that end in view, but did not succeed, means of subsistence, and went without fire apparently from some dissatisfaction in the when they halted for a day to recruit. Yet crew.t. With affectionate pertinacity, Lady it is only when something extraordinary Franklin was not discouraged by the Prince happens that we hear of any difficulty - such Albert's return, but resolved to despatch that as snow-storms, snow-blindness, frost-bites, little fairy yacht of ninety tons a second time. or scurvy - and then as a fact, not as a Mr. Kennedy, who appears to have had expe- complaint; while a misadventure becomes a rience of northern regions in Canada and the matter of mirth. Hudson's Bay Territory, was appointed to the command; and M. Bellot, a young French
The gale of Saturday (28th February) connaval officer, joined the expedition as volun- tinuing during three days, we were of necessity teer, and acted as lieutenant.
compelled to remain in camp. During a short Not much of interest, beyond that of a com
interval on the 2d of March, the weather apmon northern voyage, occurred till their to return for what cargo had been left behind
pearing to get more moderate, we were enabled arrival in Prince Regent's Inlet, where they during our former trip. It was taken onward as wintered in Batty's Bay. The vessel was too far as we dared, and we returned to the camp small and the crew too few in number to ad- against a wind so keen that no face escaped mit of the varied amusements and literary being frost-bitten — the strong wind in this inundertakings which serve to employ the time stance being the cause, rather than the degree in the larger expeditions. Their only diver- of temperature, for this was comparatively modsion was an organ, the gift of Prince Albert; erate. On the morning of the 3d, a lull of an but they were so fully occupied in preparing hour or so enticed us to bundle up and lash our for their overland excursion and forming depots sleighNo sooner had we done this and proalong their proposed route, that tiine can ceeded a short distance than the gale came on scarcely be said to have hung heavy on their with redoubled fury; in consequence of which hands. On the 25th of February they started we had to hasten back to our snow retreat, and from head-quarters; but such were the ob- shelter when caught by it, as we had much diffistacles from the weather, especially snow- culty in keeping on our feet from the violence of storms, that they did not arrive at Fury Beach the whirling eddies, that came sweeping along till the 5th of March, having been detained an exposed headland near us. Such was the for a whole week in an encampinent of snow-force of the wind, that column after column of houses. It was the latter end of March before whirling spray was raised by it out of a continuthey were able to take their grand departure, ous lane of water, more than a mile broad, which and they did not return to the ship till the the present gale had opened out along the coast, 30th of May. During their peregrinations at the distance of only a few yards from our they had explored three sides of North Som- present encampment. As these successive colerset, and a large portion of the block of lands umns were lifted out of the water, they were beyond it, whose coast Captain Ommaney had borne onward with a speed scarcely less rapid
than the “wings of the wind" itself. Whilst * A Short Narrative of the Second Voyage of detained here we narrowly escaped being buried the Prince Albert in Search of Sir John Franklin. by an infant avalanche. A hardened mass of snow By William Kennedy, Commanding the Expedi- of several tons in weight having been disengaged tion. Published by Dalton.
from the summit of the cliff above us by the † Spectator, 1851. Snow's“ Voyage of the Prince sweeping winds, came rolling down with a noise Albert."
that told fearfully of its approach. In its descent
it carried along with it several fragments of rock | the old stores of the Fury (at Fury Beach), that lay in its path ; and at length, being able which we found not only in the best preservato advance no farther, lodged itself within a few tion, but much superior in quality, after thirty yards of our present dwelling, after ploughing years of exposure to the weather, to some of our up a bed for itself in the hard-packed snow be- own stores, and those supplied to the other fore it, and doing us no other harm than scatter- Arctic expeditions. This high state of preservaing a few harmless masses of snow about the base tion, I cannot help attributing in some measure of our encampment ; which brought forth the to the strength and thickness of the tins, in words from one of our party, “ Come, boys, let which the preserved meats, vegetables, and soups us run," to the no small merriment of the rest.
had been placed. The flour had all caked in This is a picture of rest on an Arctic tramp. solid lumps, which had to be reground and
passed through a sieve before it was fit for the Wednesday, 13th [.April.] - Still snowing, cook's hands. In other respects it was fresh and and the weather very thick ; which, added to our sweet as ever, and supplied us with a stock of snow-blindness, compelled us to camp at two excellent biscuit. P. M., after making a very inconsiderable distance from our last encampment. 14th, 15th, 16th, and 17th. — After several
From the Examiner, 19th March, abortive attempts to make head against the
SELF-CRIMINATION. storm, found ourselves compelled to remain where we were. Although the loss of so much We had not the opportunity last week of valuable time was a subject of much regret to us noticing Lord Brougham's able argument for all, the relief from exposure to the glare of the the abolition of the absurd rule of evidence, snow was of great benefit to those affected with protecting a witness against self-crimination. snow-blindness.
No doubt there was a time when this law During this detention, and, indeed, on all other occasions of a similar nature throughout its inconveniences in other respects. It was
a high purpose, more than atoning for the journey, we restricted ourselves to one meal a day, and, to save fuel, ate our biscuit or pem
a bar to torture, when fears might have been mican with snow or ice instead of water ; and by entertained of its revival, or of resort to it this means were enabled to make twenty-five days’ upon extraordinary occasion. The application provision and fuel last thirty-five. The luxury of the question was rendered impossible by the of a cup of hot tea — and it was a luxury which maxim, Nemo se ipsum tenetur inculpare. we would have exchanged for the wealth of But that use, however excellent in its time, Ophir was reserved for our marching-days. has long passed away, and the rule has surThe flame of a gill and a half of spirits of wine vived its only virtue. Latterly it has been was sufficient to boil a pint of tea for each of our defended on the plea of its humanity to the party ; and this quantity was duly measured out offender, for whom a law is demanded by lawwith the most scrupulous exactitude every morn-yers, like the law, in sporting phrase, accorded ing and evening for breakfast and tea, except-| to game or to the fox, which is not to be put ing of course the banian days of our detention.
to death except by the hounds, after a chase The thermometer at noon indicated +-22 ; a conducted according to certain rules. Detecttemperature which, to our sensations, was abso- ing a culprit out of his own mouth has been lutely oppressive. One of our dogs, through regarded by lawyers as knocking a fox on the over-exertion combined with the unusual heat, head is looked upon by squires, or as shooting fuinted in his traces, and lay gasping for breath a pheasant sitting, or a bare in its form, is to for a quarter of an hour, but after recovering a sportsman. Law is claimed for these creawent on as merrily as ever. These faithful crea- tures as for culprits, who must not be made to tures were perfect treasures to us throughout criminate themselves. The absurdity of this the journey. They were all suffering like our rule was thus ably exposed by Lord Brougham : selves from snow-blindness, but did not in the least relax their exertions on this account. The
When a witness was produced in court, for what Esquimaux dog is, in fact, the camel of these purpose was he produced ? For the purpose of Northern deserts ; the faithful attendant of man, between the parties,
or in the trial of the guilt or
investigating the truth in the trial of the issue and the sharer of his labors and privations.
innocence of the parties. It was for the sake of The travellers were greatly assisted by the truth to further the ends of justice, and to obtain depots of provisions left by former expeditions from his testimony a knowledge of the truth, atCape Walker and along the coast of Re- that the witness was called. Well, then, how
gent's Inlet, especially the early one of Sir did the objection to his giving this evidence James Ross. The articles were in capital arise ? A question was put to him. It was becondition — better, in fact, than the later lieved to be relevant to the matter in issue. If provisions. This Mr. Kennedy attributes to not, it was objectionable, as being totally irrelethe cases ; we should rather ascribe it to the vant ; and then no question could arise as to the contents — " cheap and nasty" was not a protection of the witness. But, admitting the principle of general action thirty years ago.
question to be relevant, admitting it to be im
portant, admitting the answer to the question, We had helped ourselves very liberally from whether given affirmatively or negatively, ma
terial to enlighten the court - admitting that cause a witness, said, “I cannot answer that the truth was to be got at by the answer given question, for it will tend to criminate me. Не to that question, he had a right to go further, felt bound to say, however, that until they were and to assume that the truth could not be got prepared to alter the law a great deal more, and at without an answer being given to that ques- to say that it should be part of their system to tion. But the law said the witness was ex- interrogate prisoners upon charges, he did not empted from answering, because he said that the think the clause proposed by his noble and answer he might give might, peradventure, learned friend could by possibility become the criminate himself
. Assuming all the difficulties, law of the land. If it was the law that a person anomalies, and uncertainties of the law — ad-charged with picking a pocket had a right to mitting for the present that the answer was say, You are not to ask me such questions ; I right, “I will not answer that question because will answer nothing ; prove the charge if you it is a question which may tend to criminate can;" would it not be a strange anomaly if myself,” — he (Lord Brougham) would remind they evaded that law by calling the accused their lordships that the court was not to be person as a witness in some other proceeding? satisfied that the question would criminate the He (the lord chancellor) was perfectly ready to witness. If the witness thought it would crimi-concur with his noble and learned friend in any. nate him, that was enough ; nay, if he said so, reasonable inquiry as to whether the law ought it was enough. The interest of the parties to to be altered – whether the rule of law, “ Nemo the cause was put entirely out of view. They could tenetur seipsum inculpare,” was or was not not have their cause tried because a man on correct principle ; but he thought it would be whom, by his own showing, suspicion rested, impossible to consent to a clause enabling them chose to say he would not give evidence. A man to call upon a person to answer, as a witness, might be tried — his property, his liberty, his questions which, if a direct charge were made life, might be in jeopardy that which many against him, he could not be called upon to answer. men valued more than life, his reputation, might be at stake ; a witness might be put into the box
Now, we cannot recognize the good sense of to swear away his estates, his liberty, his life, continuing this bad rule in the five cases out his character, and might have committed the of six, of witnesses, because in the sixth case most atrocious offences, yet that man so to be of a prisoner on trial, it would seem anomatried for the sake of his property, his liberty, his lous that the interrogation allowed in the other life, his character, was not suffered by the law, instances should not be permissible. It would by the humanity and evenhanded justice of the surely be desirable to get rid of a rule adverse law, to ask a question to ascertain whether the to the ends of justice in the examination of witness were a miscreant, utterly incredible, or witnesses, though it may not be practicable were a person perfectly honest, honorable, trust- to abolish it in the smaller class of cases of worthy, and worthy of belief. And why? To persons in the dock. But, after all, it is odd protect the witness ? No ; it was said, no. witness was prevented from giving' evidence, enough that the law which so stickles for because people would not give evidence if they defending criminals against question as to were to expose themselves to the risk of being by asking them whether they are guilty, of
their offence, yet cominences its proceedings detected and discovered. The evidence of a man who had committed an offence might be very not guilty; but of course with full license of valuable in a cause in other respects where he mendacity in their reply. And, according to had no interest ; it might be very fit to examine the old law, the prisoner was liable to severe him for the ends of justice, but, at all events, if pains if he refused to plead ; so that the he were ever so untrustworthy — and the more alternative of the law was either that he 80 the better for the argument - the stronger should criminate himself to the fullest extent, the reason for excluding that cross-examination or resort to a lie in order that the proceedings the tendency and inevitable effect of which must for the discovery of the truth might have their be to destroy his evidence. The law abhorred
An auspicious commencement, truly, the trial of collateral issues, but there was a for such an end! Further, Lord Cranworth worse thing than trying a collateral issue, and
remarked : that was deciding without the issue being tried.
Although he (the lord chancellor) felt, with hig We must confess that we are not satisfied noble and learned friend, that this was a matter with Lord Cranworth’s objection to Lord which onght to be looked into, and although he Brougham's proposal to abolish this prepos- regretted the discreditable scenes which were terous rule of evidence.
sometimes witnessed in courts of justice, he re
garded with very considerable apprehension any He entirely concurred in the feeling which had system which would create a sort of rival dexprompted his noble and learned friend to en- terity among different judges as to examining a deavor to devise some mode of getting out of that prisoner, and entrapping him into some admisdifficulty ; for, in common, he was sure, with all sion that would implicate him. This was a mode who had been in the habit of attending courts of of proceeding which every one who had attended justice, or of taking part in the proceedings in foreign courts of justice must frequently have such courts, he (the lord chancellor) had con- observed ; but he thought it was a system more tinually been shocked by the certainty that in- unpleasant to witness than the occasional escape justice was done, and truth was excluded, be- l from justice of persons accused under our laws.
This seems to us to be arguing from the Mines. We were together in Italy, in Switzerabuse against the use. The judicial office land, in France - four months in Saltzberg. M. abroad is not of the dignity iť is of in this De Buch was not only one of the great illustracountry. And a corresponding difference of tions of his age-- he was a man of noble soul. conduct and demeanor is found in the func- His mind left a track of light wherever it passed. tionaries, especially in France, where the Always in contact with Nature herself — he majority of judgeships rank far below the could boast of having extended the limits of ge
ological science. I grieve for him profoundly police magistracy of this country. But even
without him I feel desolate. I consulted him as with our neighbors, in the higher judicial
a master ; and his affection (like that of Gay stations, the scenes to which Lord Cranworth Lussac and that of Arago, who were also his alludes are rare and exceptional; and, objec- friends) sustained me in my labors. He was tionable as they are, we cannot agree with four years my junior – and nothing forewarned the chancellor that the escape of guilt is me of this misfortune. It is not at the distance preferable to exhibitions of judicial indecorum. of a few hours only from such a loss, that I can And it is really not to the law, but to national say more respecting it. Pity me — and accept temperament, that is to be referred the uv- the homage of my profound respect and affecseemly exhibitions in the interrogation of tionate devotion.
AL. HUMBOLDT. criminals in France ; for the same cause that gives to discussions between our mercurial
And my poor countryman Overweg, in Africa ! neighbors the appearance of a quarrel, accounts of the astronomer Vogel the magnetic condition
What a blessing to learn one day by means for the vehemence and passion of the bench, of the interior of a vast continent ?" in extorting the self-betrayal of prisoners. It is not English law that would make the generality of French judges staid and demure, Rural Essays. By A. J. Downing. G. P. nor would French law make our bench eager,
Putnam. New York. warm, and fiercely disputatious with the This beautifully-printed volume comprises, with prisoner.
one or two exceptions, all Mr. Downing's editorial papers in the Horticulturist, and is as im
portant a contribution to the literature of rural M. DE BUCH.
taste as any of his previous works. After the
completion of his “ Treatise on the Theory and The following is a translation of an affect- Practice of Landscape Gardening,” his Coting letter from the veteran Baron Alexander tage Residences,” and his “ Fruit and Fruit Humboldt to Sir Roderick Murchison — the Trees of North America,” which have done so original of which has been kindly communi- much to impart a new charm to country life, and cated by Sir Roderick to us. 'It conveys to beautify the face of the land, Downing devoted intelligence which will be heard with great himself more to the details of rural reform. In regret in the scientific world of England.
the monthly numbers of his journal he gave his
many readers hints on green-houses and flowerBerlin, March 4, 1853.
gardens, the drapery of cottages, lawns, vineThat I should be destined — I, an old man of yards, hedges and ornamental trees, country eighty-three — to announce to you, dear Sir churches and country school-houses — public Roderick, the saddest news that I could have to parks and cemeteries, and all other matters in convey ; – to you for whom M. De Buch pro- which his cultivated taste detected the want of fessed a friendship so tender — and to the many improvement. We consider these papers models admirers of his genius, his vast labors, and his in their way. Downing never dwells long enough noble character ! Leopold De Buch was taken upon any topic to exhaust or to fatigue the reader. from us this morning by typhoid fever - so He made his suggestions as they occurred to him violent in its attack that two days only of dan- in his rambles. His object was to point out how ger warned us. He was at my house so lately as a countryman should do justice to the land on the 26th (ult.), despite the snow and the dis- which he lived, and make himself a home in contance between us — talking geology with the formity with the character of the landscape which most lively interest. That evening he went into surrounded him. society; and on Sunday and Monday (the 27th We think this publication as opportune as it is and 28th) he complained of a feverish attack, valuable. The readers of the Horticulturist, which he believed to be caused by a large chil- familiar with these papers, will be pleased to blain swelling from which he had suffered for have them in this shape, and thousands of others, years. The inflammation required the applica- attracted by Downing's reputation and his meltion of leeches — but the pain and the fever in- ancholy fate, will read them, and, we hope, atcreased. He was speechless for thirty-eight tempt to carry out the excellent advice they conhours. . . . . He died surrounded by his friends tain. - most of whom knew nothing of his danger till This collection is edited by Mr. George William Wednesday evening, the 2nd of March.
Curtis, who has added a pleasing memoir of Mr. He and I were united by a friendship of sixty- Downing. Miss Bremer's letter to Mr. Downthree years; a friendship which never knew in- ing's friends, also printed in this volume, is a terruption. I found him, in 1791, in Werner's warm tribute to his character. – N. Y. E. house in Freiberg, when I entered the School of Post.