the lower courts, municipal magistrates, village officers, &c., are under his control. The judiciary consists of a high court of appeal (Ober Appellations Gericht) at Munich; also a court of appeal for each circle, and the inferior courts. The Coder juris Bavarici has been in force since Jan. 1, 1811. The penal code is now under revision. A complete code is also in preparation. (See Feuerbach.) The executive consists of a privy council, called Geheime Rath, composed of 4 ministers of state, the 4 crown-officers, and from 12 to 16 other members, who deliberate in 3 sections on the affairs of the kingdom. The affairs of the Catholics in the kingdom are regulated by the concordat concluded with Pius VII, Jan. 5, 1817, which, in 1821, was promulgated the law of the land. Those of the 'rotestants are under the direction of a eneral consistory. The two sects live without contention. The circumstance that the queen of the late king was a Protestant (as is also the present queen, if we are not greatly mistaken) had a most beneficial influence. In the smaller council of the German diet, Bavaria has the third place, and in the plenum has four votes. (See German Confederacy.) Education made much progress under the government of the late Maximilian Joseph, and it is to be expected that the present king, who has manifested liberal views, on many occasions, more openly than any prince of the continent now living, will continue to give it the aid of the government. Many seminaries for the training of instructers have been erected, and the academy of sciences at Munich, with the three universities at Munich, Würzburg and Erlangen, produce the best results. (See Munich, Würzburg and Erlangen.) The first of these universities contains nearly 2000 students, whilst the medical department of Würzburg is considered one of the first in Europe. Agriculture and industry in general have received, since the reign of Maximilian, much attention. Several institutions for promoting them have been established, including agricultural seminaries, in which those young men who prepare themselves for village school-masters learn gardening, &c. A festival was instituted by Maximilian, generally called the October festival, at which prizes are assigned, by order of the king, for the best specimens of agricultural produce, the best cattle, &c. There are also races connected with this celebration. The present king, when

crown-prince, was a liberal patron of the fine arts, and still affords them much encouragement. As Bavaria is entirely an inland country, and has no great river crossing it, its commercial resources could be fully developed only in case of a perfectly free intercourse between all the German states; to obtain which, efforts have several times been made, but, unhappily, in vain. A great canal, near Nuremberg, has been sometimes spoken of, to unite, by means of small rivers, the Rhine and Danube, a work begun by Charlemagne : the traces of his work, still remaining, are called fossa Carolina : but the expense would be great for so small a kingdom, and it is very doubtful whether the commerce carried on in this way would be considerable, depending, as it would, upon so many governments, from the Turkish to that of the Nether lands.-According to Rudhart, Bavaria, contains 1384 noble families. Agriculture. is the chief branch of industry. Bavarian beer is excellent.

Bavaria, constitution of. Like most of the states of the middle ages, Bavaria had its constitution. No other state of Germany has so complete a collection of works relating to its ancient form of government. The estates consisted, as usual, of the three classes-the prelates, among whom the university had the first rank; the nobility, and the burgesses. Their privileges were great, but early lost by dissension among themselves. The last diet was holden in 1669. A committee of the estates arrogated the privileges belonging to the whole body; the secularization of the ecclesiastical establishments, in 1803, made the old constitution still more inefficient, and, in 1808, the system of the estates was abolished; but an order was issued, May 1 of the same year, instituting a new constitution. The king of Bavaria was the first among the sovereigns of Germany to fulfil the promise contained in the thirteenth article of the ordinances of the German confederation, which assures the people that they shall receive constitutional forms of gov. ernment. The king promulgated the new representative constitution May 26, 1818. The system of the two chambers has been adopted. The chamber of peers, or, as they are called in Bavaria, Reichs Rathe (counsellors of the realm), consists of the princes, the crown-officers, 2

archbishops, the 16 seniors of the fami. lies which were formerly members of the German empire, 1 bishop, appointed by the king, the president of the Protestan

consistory, besides 15 hereditary peers, and 12 who hold their stations for life, chosen by the king. The lower chamber consists of 14 representatives of the lower nobility, 1 representative of each of the three universities of the kingdom, 9 representatives of the Catholic, and 5 of the Protestant clergy, 2 of Munich, 1 of Augsburg, 1 of Nuremberg, 24 of all the other cities and market-places, and 56 of the land-owners (not noblemen). The elections in the cities are badly conducted, as they are in the hands of the city councils, the mayors, &c. Another great fault is, that the amount of property required in a representative is so great, that whole districts are excluded from representation. The rights which the representatives have are not altogether insignificant; yet there are many other things wanted, as, a perfectly free press, and many real guarantees of freedom, before we can speak of it as actually existing in Bavaria. The ministers are responsible, and yet their power is unconstitutionally great. It would not be very difficult for the Bavarian government to do any thing they pleased, without encountering many constitutional obstacles. The first meeting of the representatives was held Feb. 4, 1819. There is 1 representative for about 35,000 souls. The constitution is a granted one, viz., given by the king, not a compact between two parties, the people and the ruler. It promises liberty and equal rights to all religions, and also freedom of the press, which, however, no American or Englishman would call truly free. Bond-service is abolished. The king appoints the president of the representatives.

BAVIUS, Marcus, and MEVIUS; still notorious as two miserable poets and presumptuous critics, satirized by Virgil.

BAWDY-HOUSE; a house of ill fame, to which persons of both sexes resort for sexual intercourse. Such houses, under the name of brothels or stews, are licensed by the laws of some countries. They were formerly licensed in England, from the reign of Henry II to the last year of Henry VIII, when they were suppressed 'by sound of trumpet, with as great ceremony as the religions houses. The laws of most civilized countries prohibit the 'keeping of bawdy-houses, as tending not nly to the corruption of morals and anners, but also to a breach of the peace, by bringing together disorderly and viious people. The keeping of such a House is indictable at the common law, and so is the frequenting of it; but these

offences are, most generally, the subjects of positive statutes. In some parts of Europe, such houses are licensed, and under the care of the medical police.

BAXTER, Andrew; an ingenious philosopher and metaphysician. He was a native of Aberdeen, and was educated at King's college in that city; after which he was employed as a private tutor. About 1730, he published an Enquiry into the Nature of the Human Soul; wherein the Immateriality of the Soul is evinced from the Principles of Reason and Philosophy. This work was applauded by Warburton, and obtained for the author a high reputation; though his arguments, which are founded on the vis inertia of matter, have since been controverted by Hume and Colin Maclaurin. In 1741, he went abroad with one of his pupils, and remained for some years at Utrecht, where he contracted an acquaintance with some of the Dutch literati. He returned to Scotland in 1747, and resided at Whittingham, in East Lothian, where he died in 1750, aged 63. He was the author of a Latin treatise, entitled Matho sive Cosmotheoria puerilis Dialogus, which he afterwards translated into English, and published in 2 vols. 12mo.

BAXTER, Richard, the most eminent of the English nonconforming divines of the 17th century, was born in the village of Rowton in 1615. The example of his father, who was accused of Puritanism, gave him a serious turn very early in life. After receiving his education, he was sent to London, under the patronage of sir Henry Herbert, master of the revels; but he soon returned into the country with a view to study divinity, and, in 1638, received ordination in the church of England. The imposition of the oath of universal approbation of the doctrine and discipline of the church of England, usually termed the et cætera oath, detached him and many others from the establishment. When the civil war broke out, he sided with the parliament, and, after the battle of Naseby, accepted the appointment of chaplain to colonel Whalley's regiment. He is said to have been, the whole of this time, a friend to the establishment, according to his own notions, and to have repressed sectaries as much as he was able In 1647, he retired, in consequence of illhealth, from his military chaplainship, and when he recovered, opposed the measures of those in power, and preached urgently against the covenant. He even endeavored to persuade the soldiery not to encounter the Scottish troops who came

into the kingdom with Charles II, and hesitated not to express an open dislike to the usurpation of Cromwell, whom he told, in a conference very characteristic of both parties, that the people of England deemed the ancient monarchy a blessing. The fact is, that B., with many more zealous religious partisans, held civil liberty to be of secondary consequence to what he esteemed true religion, and appears, from the tenor of a sermon which he preached before Cromwell, to have deemed the toleration of separatists and sectaries the grand evil of his government. After the restoration, he was made one of the king's chaplains, and a commissioner of the Savoy conference, to draw up the reformed liturgy. The active persecution of the Nonconformists soon followed; and, upon the passing of the act against conventicles, he retired, and preached more or less openly, as the act was more or less rigidly enforced. After the accession of James II, in 1685, he was arrested for some passages in his Commentary on the New Testament, supposed hostile to Episcopacy, and was tried for sedition. The violence of Jefferies, who would neither hear the accused nor his counsel, produced a verdict of guilty on the most frivolous grounds. He was sentenced to two years' imprisonment and a heavy penalty, which, after a short confinement, the king remitted, probably with some degree of compunc tion for the manner of its infliction. Henceforward, B. lived in a retired manner till his death, in 1691. His wife cheerfully shared all his sufferings on the score of conscience, both in and out of prison. The character of B. was formed by his age; his failing was subtle and controversial theology; his excellence, practical piety. In divinity, he sought to estabish a resting-place between strict Calvinism and high-church Arminianism, by the admission of election, and the rejection of reprobation. Christ died for some especially, and for all generally; that is to say, all possess the means of Salvation. A body called Baxterians long acknowledged these distinctions, and the nonconformist clergy, after the revolution, were divided between this body, the pure Calvinists, and the high-church passive-obedient Arminians. B. was a voluminous writer: his Saints' Everlasting Rest, and the Call to the Unconverted, have been extraordinarily popular.

BAYADEER, in the East Indies; young girls, from 10 to 17 years of age, who are instructed in dancing, singing, and acting

little plays. They are under the care of matrons, who are experienced in all female arts, and particularly in that of pleasing. These select from the lowest classes of the people the most beautiful girls, of seven or eight years of age, secure them, by inoculation, from the disfiguring consequences of the small-pox, and instruct them in all the arts of their profession, the object of which is to amuse the rich, and minister to their passions. Their presence is considered necessary, even at the smallest entertainments. If any of the spectators desires to become better acquainted with the talents of a bayadeer, only a hint is needed. For a girl of the greatest attractions, the matron to whom she belongs receives a hundred rupees for an evening, and as much for a night, besides a present for the girl. After their 17th year, when their first charms have faded, they retire to a pagoda (the temple of their idols), under the protection of the Bramins, but not, like public girls in Europe, to become devotees. They continue to exercise their profession in the temple, and what they gain belongs to the Bramins, who give them food and shelter. Their profession is not thought infamous in India.

BAYAMO, or ST. SALVADOR; a town of Cuba, on a river which forms a port on the S. E. coast; 520 miles E. S. E. Havannah; lon. 76° 55′ W.; lat. 20° 46′ N.; population estimated at 12,000. The town is about 20 miles distant from the port. It gives name to a channel situated between the main land of Cuba and the islands called the Queen's Gardens.

BAYARD, Pierre du Terrail, chevalier de, called the knight without fear and without reproach, born in 1476, in the castle of Bayard, near Grenoble, was one of the most spotless characters of the middle ages. He was simple and modest; a true friend and tender lover; pious, humane and magnanimous. The family of Terrail, to which he belonged, was one of the most ancient in Dauphiné, and was celebrated for nobility and valor. Young B., educated under the eyes of his uncle George of Terrail, bishop of Grenoble, early imbibed, in the school of this worthy prelate, the virtues which distinguished him afterwards. At the age of 13, he was received among the pages of the duke of Savoy, the ally of France. Charles VIII, who saw him at Lyons, in the suite of this prince, was struck with the dexterity with which the youth managed his horse: he begged him of the duke, and committed him to the care of

Paul of Luxemburg, count de Ligny. The tournaments were his first field of glory. At the age of 18, he accompanied Charles VIII to Italy, and distinguished himself greatly in the battle at Verona, where he took a standard. At the beginning of the reign of Louis XII, in a battle near Milan, he pursued the fugitives with such eagerness, that he entered the city with them, and was taken prisoner. Ludovico Sforza returned him his arms and his horse, and dismissed him without ransom. Whilst the French were in Apulia, B. defeated a Spanish corps, and made their leader, don Alonzo de Sotomayor, prisoner. He treated him with generosity. Sotomayor, however, not only violated his parole by flight, but calumniated B., who, according to the custom of that time, challenged him, and killed him. Afterwards, like Horatius Cocles, he defended a bridge over the Garigliano singly against the Spaniards, and saved the French army by checking the advance of the victorious enemy. For this exploit, he received as a coat of arms a porcupine, with the motto Vires agminis unus habet. He distinguished himself equally against the Genoese and the Venetians. When Julius II declared himself against France, B. went to the assistance of the duke of Ferrara. He did not succeed in his plan of taking the pope prisoner; but he refused, with indignation, an offer made to betray him. Being severely wounded at the assault of Brescia, he was carried into the house of a nobleman, who had fled, and left his wife and two daughters exposed to the insolence of the soldiers. B. protected the family, refused the reward of 2500 ducats, which they offered to him, and returned, as soon as he was cured, into the camp of Gaston de Foix, before Ravenna. In an engagement, which shortly after ensued, he took two standards from the Spaniards, and pursued the fugitives. Gaston, the hope of France, perished through his neglect of the advice of B. In the retreat from Pavia, B. was again wounded. He was carried to Grenoble; his life was in danger. "I grieve not for death," he said, "but to die on my bed, like a woman." In the war commenced by Ferdinand the Catholic, he displayed beyond the Pyrenees the same talents, the same heroism, which had distinguished him beyond the Alps. The fata reverses which imbittered the last years of Louis XII only added a brighter splendor to the personal glory of B. Henry VIII of England, in alliance with Ferdinand and Maximilian, threatened

Picardy in 1513, and besieged Terouane The French army disgracefully took to flight. B., with his accustomed intrepid ity, made an ineffectual resistance to the enemy: overpowered by superior num bers, his troop was on the point of laying down their arms, when B., perceiving an English officer at some distance from him, immediately galloped towards him, presented his sword to his breast, and cried, "Yield, or die!" The Englishman surrendered his sword: B. immediately gave him his own, saying, "I am Bayard, and your captive, as you are mine." The boldness and ingenuity of this action pleased the emperor and the king of England, who decided that B. needed no ransom, and that both captives were released from their parole. When Francis I as cended the throne, he sent B. into Dau phiné, to open for his army a passage over the Alps, and through Piedmont. Pros per Colonna lay in wait for him on his march, expecting to surprise him, but B. made him prisoner. This brilliant exploit was the prelude to the battle of Marignano, in which B., at the side of the king, performed wonders of bravery, and decided the victory. After this glorious day, Francis was knighted with the sword of B. When Charles V invaded Champagne, with a large army, and threatened to penetrate into the heart of France, B. defended the weakly-fortified town of Mezieres against every assault, until the dissensions of the hostile leaders compelled them to retreat. B. was saluted in Paris as the savior of his country: the king bestowed on him the order of St. Michael, and a company of 100 men, which he was to command in his own name-an honor which, till then, had only been conferred on princes of the blood. Soon afterwards, Genoa revolted from France: B's presence reduced it to obedience. But, after the surrender of Lodi, fortune changed, and the French troops were expelled from their conquests. Bonnivet was obliged to retreat through the valley of Aosta; his rear was beaten, and himself severely wounded, when the safety of the army was committed to B. It was necessary to pass the Sesia in the presence of a superior enemy, and B., always the last in retreat, vigorously attacked the Spaniards, when a stone, from a blunderbuss, struck his right side, and shattered his back-bone. The hero fell, exclaiming, "Jesus, my God, I am a dead man!" They hastened towards him. "Place me under yon tree," he said, "that I may see the enemy." For want of a crucifix, he kissed the cross of his

sword, confessed to his squire, consoled his servants and his friends, bade farewell to his king and his country, and died, April 30, 1524, surrounded by friends and enemies, who all shed tears of admiration and grief. His body, which remained in the hands of his enemies, was embalmed by them, given to the French, and interred in a church of the Minorites, near Grenoble. His monument consists of a simple bust, with a Latin inscription. (See Hist. de P. Terrail, dit le Chevalier Bayard sans Peur et sans Reproche, by Gayard de Berville, new edition, Paris, 1824).

BAYARD, James A., an eminent American lawyer and politician, was born in Philadelphia, in 1767. His classical education was completed at Princeton col'ege. In the year 1784, he engaged in the study of the law, and, on his admission to the bar, settled in the state of Delaware, where he soon acquired considerable practice and reputation. A few years after he reached his majority, he was elected a representative of Delaware in congress. The first occasion, on which he particularly distinguished himself, was the impeachment of William Blount, a senator of the U. States. Mr. B. was chairman of the committee of eleven, who were selected, by the house of representatives, to conduct that impeachment. He took the chief and a very brilliant part in the discussion of the constitutional questions which arose out of the successful plea of the accused to the jurisdiction of the senate. At an early period of his political career, president Adams offered him the post of envoy to the French republic, which prudential reasons induced him to decline. Mr. B. was one of the leaders of the federal party in congress at the epoch of the election of Mr. Jefferson to the office of president. In the memorable contest in the house of representatives, which was produced by the equality of votes for Mr. Jefferson and colonel Burr, he finally prevailed upon his political coadjutors to adopt the mode of proceeding which enabled the friends of Mr. Jefferson to triumph. Hostile as he was to that statesman, and much as he had reason to expect of personal advantage from a different issue, he sacrificed party feeling and ambitious hope, when he perceived that the peace of the country and the stability of the constitution might be endangered by continuing the struggle. In no debate of the house did Mr. B. display his genius more than in that which preceded the repeal, in March, 1802, of the judiciary bill. A volume of the speeches

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which were delivered in this famous controversy has been published. It was almost universally conceded that he was the ablest advocate of the system or organization which was destroyed. He continued in the house of representatives after the change of administration, always conspicuous for his sound principles, con stant acuteness, extensive knowledge, and manly, copious eloquence. Elected to the senate of the U. States by the legislature of Delaware, he displayed, for several years, in that assembly, the same talents and patriotism. In 1812, he strenuously opposed the declaration of war with Great Britain. President Madison selected him as one of the commissioners to treat for peace under the proffered mediation of the emperor Alexander of Russia. He embarked on this important mission, which had not been sought nor expected by himself or his friends for him, from the port of Philadelphia, May 8, 1813, and arrived at St. Petersburg in July of that year. The absence of the emperor prevented the transaction of any business, and, when all hope of advancing the main object seemed idle, Mr. B. proceeded (January, 1814) by land to Holland. There he learned the willingness of the British court. to treat directly with the American envoys. Previously to the arrival of his colleagues, who, in consequence of this annunciation, were despatched by the American government, he visited England. At the proper period, he repaired to Ghent, which was ultimately chosen as the scene of the negotiations which terminated in the treaty that bears the name of that place. His share in the oral discussions and the written corre spondence with the British plenipotentiaries was such as might have been expected from his peculiar fitness for the task of negotiation. On the conclusion of this business, he made a journey to Paris, where he remained until he heard of the ratification of the treaty, and of his appointment as envoy to the court of St. Petersburg. This he promptly declined. It was his intention, however, to go to England, in order to co-operate in the formation of a commercial treaty with the British cabinet, as he was included in the commission sent for that purpose; but an alarming illness put an end to every plan, except that of reaching his home as early as possible. He embarked at Havre in May, 1815, in a state of the most painful debility, suffered unfortunate delays in the voyage, and arrived in the U. States only to die in the arms of his family.