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18 to be afraid of the wolf's mischief. Indeed, it was a fault of Little Red Riding Hood that she was sometimes too fond of talking: and when she thought upon this matter, more and more she felt that she had done wrong in telling the wolf anything. The best thing she could do, she said, will be to hasten onwards as quickly as possible.

The wolf, when he left her, darted through the forest, bounding over the furze and brambles, and ran as hard as he could until he reached the house of the grandmother. He tapped at the door, and the grandmother, who was in bed, called to him to come in, not knowing it was a wolf. The sly wolf said,

"Are you alone, madam?"

"Yes, quite alone," was the answer.

So he rushed in and flew upon the bed, tore the grandmother out of it, and ate her up in a few minutes.

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118 Fritz was charged to dig a hole in the earth, to be covered with boards, and serve as a dairy, till something better was thought of. Finally, we ascended our leafy abode, and slept in peace.

I an excursion with my eldest son, to explore the limits of our country, and satisfy ourselves that it was an island, and not a part of the continent. We set out, ostensibly, to bring the sledge we had left the previous evening. I took Turk and the ass with us, and left Flora with my wife and children, and, with a bag of provisions, we left Falcon’s Nest as soon as breakfast was over.

In crossing a wood of oaks, covered with the sweet, eatable acorn, we again met with the sow; our service to her in the evening did not seem to be forgotten, for she appeared tamer, and did not run from us. A little farther on, we saw some beautiful birds. Fritz shot some, among which I recognized the large blue Virginian jay, and some different kinds of parrots. As he was reloading his gun, we heard at a distance a singular noise, like a muffled drum, mingled with the sound made in sharpening a saw. It might be savages; and we plunged into a thicket, and there discovered the cause of the noise in a brilliant green bird, seated on the withered trunk of a tree. It spread its wings and tail, and strutted about with strange eontortions, to the great delight of its mates, who seemed lost in admiration of him. At the same


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Rh time, he made the sharp cry we heard, and, striking his wing against the tree, produced the drum-like sound. I knew this to be the ruffed grouse, one of the greatest ornaments of the forests of America. My insatiable hunter soon put an end to the scene; he fired at the bird, who fell dead, and his crowd of admirers, with piercing cries, took to flight.

I reprimanded my son for so rashly killing everything we met with without consideration, and for the mere love of destruction. He seemed sensible of his error, and, as the thing was done, I thought it as well to make the best of it, and sent him to pick up his game.

"What a creature!" said he, as he brought it; "how it would have figured in our poultry-yard, if I had not been in such a hurry."

We went on to our sledge in the Gourd Wood, and, as the morning was not far advanced, we determined to leave all here, and proceed in our projected excursion beyond the chain of rocks. But we took the ass with us to carry our provisions, and any game or other object we should meet with in the new country we hoped to penetrate. Amongst gigantic trees, and through grass of a prodigious height, we travelled with some labour, looking right and left to avoid danger, or to make discoveries. Turk walked the first, smelling the air; then came the donkey, with his grave and careless step; and we followed, with our guns in readiness. We met with plains of potatoes and of manioc, amongst the stalks of which were sporting tribes of agoutis; but we were not tempted by such game.

We now met with a new kind of bush covered


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Rh When he had finished his meal, he thought to himself, "Little Red Riding Hood will soon be here, and she will make a most delicious feast. But I must hide myself from her until she is fairly inside of the cottage." He then went to the press in the room, and took out one of the grandmother's night gowns and night caps, and put them on as quickly as he possibly could, and jumped into the bed.

Presently the garden gate was opened, and there came a little quick footstep across the pebbled walk leading to the cottage door, and then a gentle tap, tap, tap, at the door.

It was Little Red Riding Hood. She listened, but heard no answer. Her hand went tap, tap, tap, against the door a second time.

"Who's there?" said the wolf, trying to speak like the grandmother.

"Only Little Red Riding Hood."

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120 with small white berries about the size of a pea. On pressing these berries, which adhered to my fingers, I discovered that this plant was the Myrica cerifera, or candle-berry myrtle, from which a wax is obtained that maybe made into candles. With great pleasure I gathered a bag of these berries, knowing how my wife would appreciate this acquisition; for she often lamented that we were compelled to go to bed with the birds, as soon as the sun set.

We forgot our fatigue, as we proceeded, in contemplation of the wonders of nature, flowers of marvellous beauty, butterflies of more dazzling colours than the flowers, and birds graceful in form, and brilliant in plumage. Fritz climbed a tree, and succeeded in seeming a young green parrot, which he enveloped in his handkerchief, with the intention of bringing it up, and teaching it to speak. And now we met with another wonder: a number of birds who lived in a community, in nests, sheltered by a common roof, in the formation of which they had probably laboured jointly. This roof was composed of straw and dry sticks, plastered with clay, which rendered it equally impenetrable to sun or rain. Pressed as we were for time, I could not help stopping to admire this feathered colony. This leading us to speak of natural history, as it relates to animals who live in societies, we recalled in succession the ingenious labours of the beavers and the marmots; the not less marvellous constructions of the bees, the wasps, and the ants; and I mentioned particularly those immense ant-hills of America, of which the masonry is finished with such skill and


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Rh solidity that they are sometimes used for ovens, to which th bear a resemblance.

We had now reached some trees quite unknown to us. They were from forty to sixty feet in height, and from the bark, which was cracked in many places, issued small balls of a thick gum. Fritz got one off with difficulty, it was so hardened by the sun. He wished to soften it with his hands, but found that heat only gave it the power of extension, and that by pulling the two extremities, and then releasing them, it immediately resumed its first form.

Fritz ran to me, crying out, "I have found some India-rubber!"

"If that be true," said I, "you have made a most valuable discovery?"

He thought I was laughing at him, for we had no drawing to rub out here.

I told him this gum might be turned to many useful purposes; among the rest we might make excellent shoes of it. This interested him. How could we accomplish this?

"The caoutchouc," said I, "is the milky sap which is obtained from certain trees of the Euphorbium kind, by incisions made in the bark. It is collected in vessels, care being taken to agitate them, that the liquid may not coagulate. In this state they cover little clay bottles with successive layers of it, till it attains the required thickness. It is then dried in smoke, which gives it the dark brown colour. Before it is quite dry, it is ornamented by lines and flowers drawn with the knife. Finally, they break the clay form, and extract it from the mouth; and there remains the


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122 India-rubber bottle of commerce, soft and flexible. Now, this is my plan for shoemaking; we will fill a stocking with sand, cover it with repeated layers of the gum till it is of the proper thickness; then empty out the sand, and, if I do not deceive myself, we shall have perfect boots or shoes."

Comfortable in the hope of new boots, we advanced through an interminable forest of various trees. The monkeys on the cocoa-nut trees furnished us with pleasant refreshment, and a small store of nuts besides. Among these trees I saw some lower bushes, whose leaves were covered with a white dust. I opened the trunk of one of these, which had been torn up by the wind, and found in the interior a white farinaceous substance, which, on tasting, I knew to be the sago imported into Europe. This, as connected with our subsistence, was a most important affair, and my son and I, with our hatchets, laid open the tree, and obtained from it twenty-five pounds of the valuable sago.

This occupied us an hour; and, weary and hungry, I thought it prudent not to push our discoveries farther this day. We therefore returned to the Gourd Wood, placed all our treasures on the sledge, and took our way home. We arrived without more adventures, and, were warmly greeted, and our various offerings gratefully welcomed, especially the green parrot. We talked of the caoutchouc, and new boots, with great delight duiing supper; and, afterwards, my wife looked with exceeding content at her bag of candle-berries, anticipating the time when we should not have to go to bed, as we did now, as soon as the sun set.


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20 "Pull down the latch, and come in, my child."

So Little Red Riding Hood entered, but it struck her ear, that her Grandmother's voice was very hoarse this morning. As she entered, she said,

"I am afraid, dearest granny, that your cold is worse this morning."

"Much worse, dear," said the wolf very gruffly under the bed clothes.

"I have brought you a pot of my virgin honey, which will do your cold good; and mother has sent you a little pat of fresh butter, some of the first we have had made from our new cow's milk."

"Put the things down, child, and come into bed to me, for I have been wretchedly cold all night."

Little Red Riding Hood thought it rather strange that her grandmother should tell her

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Rh to come into bed, instead of sitting by the side of the bed as she had been used to do. So she went to the bed side, and gently pulling aside the curtain saw a head, which though in her grandmother's night cap, did not altogether seem like that of her grandmother's. She thought it was something like the wolf's head—Could it be the wolf? she asked herself. Poor thing! she could hardly help screaming out for fright, but she stopped herself, and said, " Granny, what large ears you have!"

A gruff voice said, "The better to hear with, my dear."

It did not sound like the grandmother's voice, so she said faintly, "Granny, what large eyes you have !"

"The better to see you with, my dear."

Her voice faltered still more, and she said, "Granny, what a large nose you have!"

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16 the able-bodied passengers, one of whom observed, not inaptly, that Momus might have discovered an easier way to see a man's inside than by placing a window in his breast. He needed only have taken a salt-water trip in a packet-boat. I am inclined to believe, that a packet is far superior to a stage-coach as a means of making men open out to each other!"

The importance of his observations during the voyage may be estimated by this one:—

"At four o'clock I observed a wild duck swimming on the waves, a single solitary wild duck! It is not easy to conceive how interesting a thing it looked in that round objectless desert of waters!"

At the house of Klopstock, brother of the Poet, he saw a poi trait of Lessing, which he thus describes to the Public. "His eyes were uncommonly like mine! if any thing, rather larger and more prominent! But the lower part of his face! and his nose—what an exquisite expression of elegance and sensibility!" He then gives a long account of his interview with Klopstock the Poet, in which he makes that great man talk in a very silly, weak, and ignorant manner. Mr Coleridge not only sets him right in all his opinions on English literature, but also is kind enough to correct, in a very authoritative and dictatorial tone, his erroneous views of the characteristic merits and defects of the most celebrated German Writers. He has indeed the ball in his own hands throughout the whole game; and Klopstock, who, he says, "was seventy-four years old, with legs enormously swollen," is beaten to a standstill. We are likewise presented with an account of a conversation which his friend W. held with the German Poet, in which the author of the Messiah makes a still more paltry figure. We can conceive nothing more odious and brutal, than two young ignorant lads from Cambridge forcing themselves upon the retirement of this illustrious old man, and, instead of listening with love, admiration, and reverence, to his sentiments and opinions, insolently obtruding upon him their own crude and mistaken fancies,—contradicting imperiously every thing he advances,—taking leave of him with a consciousness of their own superiority,—and, finally, talking of him and his genius in terms of indifference bordering on contempt. This Mr W. had the folly and the insolence to say to Klopstock, who was enthusiastically praising the Oberon of Wieland, that he never could see the smallest beauty in any part of that Poem.

We must now conclude our account of this "unaccountable" production. It has not been in our power to enter into any discussion with Mr Coleridge on the various subjects of Poetry and Philosophy, which he has, we think, vainly endeavoured to elucidate. But we shall, on a future occasion, meet him on his own favourite ground. No less than 182 pages of the second volume are dedicated to the poetry of Mr Wordsworth. He has endeavoured to define poetry—to explain the philosophy of metre—to settle the boundaries of poetic diction—and to show, finally, "what it is probable Mr Wordsworth meant to say in his dissertation prefixed to his Lyrical Ballads." As Mr Coleridge has not only studied the laws of poetical composition, but is a Poet of considerable powers, there are, in this part of his Book, many acute, ingenious, and even sensible observations and remarks; but he never knows when to have done,—explains what requires no explanation,—often leaves untouched the very difficulty he starts,—and when he has poured before us a glimpse of light upon the shapeless form of some dark conception, he seems to take a wilful pleasure in its immediate extinction, and leads "us floundering on, and quite astray," through the deepening shadows of interminable night.

One instance there is of magnificent promise, and laughable non-performance, unequalled in the annals of literary History. Mr Coleridge informs us, that he and Mr Wordsworth (he is not certain which is entitled to the glory of the first discovery) have found out the difference between Fancy and Imagination. This discovery, it is prophesied, will have an incalculable influence on the progress of all the Fine Arts. He has written a long chapter purposely to prepare our minds for the great discussion. The audience is assembled the curtain is drawn up—and there, in his gown, cap, and wig, is sitting Professor Coleridge. In comes a servant with a letter; the Professor gets up, and, with a solemn voice, reads it to the audience.—It is from an enlightened Friend; and its object is to shew, in no very courteous


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1817.] terms either to the Professor or his Spectators, that he may lecture, but that nobody will understand him. He accordingly makes his bow, and the curtain falls; but the worst of the joke is, that the Professor pockets the admittance-money,—for what reason, his outwitted audience are left, the best way they can, to "fancy or imagine."

But the greatest piece of Quackery in the Book is his pretended account of the Metaphysical System of Kant, of which he knows less than nothing. He will not allow that there is a single word of truth in any of the French Expositions of that celebrated System, nor yet in any of our British Reviews. We do not wish to speak of what we do not understand, and therefore say nothing of Mr Coleridge's Metaphysics. But we beg leave to lay before our readers the following Thesis, for the amusement of a leisure hour.

"This principium commune essendi et cognoscendi, as subsisting in a, or primary of self-duplication, is the mediate or indirect principle of every science; but it is the mediate and direct principle of the ultimate science alone, i. e. of transcendental philosophy alone. For it must be remembered, that all these Theses refer solely to one of the two Polar Sciences, namely, to that which commences with and rigidly confines itself within the subjective, leaving the objective (as far as it is exclusively objective) to natural philosophy, which is its opposite pole. In its very idea, therefore, as a systematic knowledge of our collective  (scientia scientiæ), it involves the necessity of some one highest principle of knowing, as at once the source and the accompanying form in all particular acts of intellect and perception. This, it has been shown, can be found only in the act and evolution of self-consciousness. We are not investigating an absolute principium essendi; for then, I admit, many valid objections might be started against our theory; but an absolute principium cognoscendi. The result of both the sciences, or their equatorial point, would be the principle of a total and undivided philosophy, as for prudential reasons, I have chosen to anticipate in the Scholium to Thesis VI. and the note subjoined."

We cannot take leave of Mr Coleridge, without expressing our indignation at the gross injustice, and, we fear, envious persecution of his Criticism on Mr Maturin's "Bertram." He has thought it worth his while to analyse and criticise that Tragedy in a diatribe of fifty pages. He contends evidently against his own conviction, that it is utterly destitute of poetical and dramatic merit, and disgraceful, not to Mr Maturin alone, but to the audiences who admired it when acted, and the reading Public, who admired it no less when printed. There is more malignity, and envy, and jealousy, and misrepresentation, and bad wit, in this Critical Essay, than in all the Reviews now existing, from the Edinburgh down to the Lady's Magazine. Mr Coleridge ought to have behaved otherwise to an ingenious man like Mr Maturin, struggling into reputation, and against narrow circumstances. He speaks with sufficient feeling of his own pecuniary embarrassments, and of the evil which Reviewers have done to his worldly concerns—but all his feeling is for himself, and he has done all in his power to pluck and blast the laurels of a man of decided Poetical Genius. This is not the behaviour which one Poet ought to shew to another; and if Mr Coleridge saw faults and defects in Bertram, he should have exposed them in a dignified manner, giving all due praise, at the same time, to the vigour, and even originality of that celebrated Drama. Mr Coleridge knows that "Bertram" has become a stock play at the London Theatres, while his own "Remorse" is for ever withdrawn. Has this stung him? Far be it from us to impute mean motives to any man. But there is a bitterness—an anger—a scorn—we had almost said, a savage and revengeful fierceness in the tone of Mr Coleridge, when speaking of Mr Maturin, which it is, we confess, impossible to explain, and which, we fear, proceeds (perhaps unknown to his metaphysical self) from private pique and hostility, occasioned by superior merit and greater success. As a proof that our opinion is at least plausible, we quote Mr Coleridge's description of Bertram.

"This superfetation of blasphemy upon nonsense—this felo de se and thief captain—this loathsome and leprous confluence of robbery, adultery, murder, and cowardly assassination—this monster, whose best deed is, the having saved his letters from the degradation of hanging him, by turning Jack Ketch to himself."

What a wretched contrast does Mr Coleridge here afford to Mr Walter Scott. That gentleman, it is known, encouraged Mr Maturin, before he was


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22 "The better to smell with, my dear."

Little Red Riding Hood felt almost sure it was the wolf. Her tongue could hardly speak. She trembled from head to foot at last she muttered in a whisper, "Granny, what large teeth you have!"

"The better to eat you up."

And saying this, the wolf sprang out of the bed, and in an instant devoured Little Red Riding Hood.

This is the traditional ending of the Tale—but it is a grievous one, which most children dislike.—And as I have heard a version related, in which poetical justice is done to the wolf, I insert it for those who prefer it:

He seized Little Red Riding Hood, and she screamed. Suddenly a loud rap was heard at the door. Again she screamed—and in rushed her father and some other faggot makers, who, seeing the wolf, killed him at once, and released Little Red Riding Hood.

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Rh These were the faggot makers she had met in the wood. They, thinking she was not quite safe with a wolf, went and told her father, and they all followed her to her grandmother's house and thus saved her life.

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 THE HOME TREASURY OF BOOKS, PICTURES, TOYS, ETC. FELIX SUMMERLY.

HE character of most Children's Books published during the last quarter of a century is fairly typified in the name of Peter Parley, which the writers of some hundreds of them have assumed. The books themselves have been addressed after a narrow fashion almost entirely to the cultivation of the understanding of children. The many tales sung or said from time immemorial, which appealed to the other, and certainly not less important elements of a little child's mind, its fancy, imagination, sympathies, affections, are almost all gone out of memory, and are scarcely to be obtained. The difficulty of procuring them is very great. Of our national nursery songs, some of them as old as our language, only a very common and inferior edition for children can be procured. Little Red Riding Hood and other fairy tales hallowed to children's use, are now turned into ribaldry as satires for men. As for the creation of a new fairy tale or touching ballad, such a thing is

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Rh unheard of. That the influence of all this is hurtful to children, the conductor of the proposed series firmly believes. He has practical experience of it every day in his own family, and he doubts not that there are many others who entertain the same opinions as himself. He purposes at least to give some evidence of his belief, and to produce of series of Works for children, the character of which may be briefly described as anti-Peter Parleyism.

Some will be new Works, some new combinations of old materials, and some reprints carefully cleared of impurities, without deterioration to the points of the story. All will be illustrated, but not after the usual fashion of children's books, in which it seems to be assumed that the lowest kind of art is good enough to give the first impressions to a child. In the present series, though the statement may perhaps excite a smile, the illustrations will be selected from the works of Raffaelle, Titian, Hans Holbein, and other old masters. Some of the best modern Artists have kindly promised their aid in creating a taste for beauty in little children. All the illustrations will be coloured.

In addition to the printed Works, some few Toys of a novel sort, calculated to promote the same object, will from time to time be published.

The following may be specified as among the earliest productions which it is proposed to include in this series:—

1. Several, beginning with one of Animals selected from the Old Masters, Paul Potter, Snyders, Cuyp, Berghem, &c.

2., First Series, illustrated by Hans Holbein.---Second Series, with Illustrations by Raffaelle.

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Rh no result was reached till just at the close of the session.

The interpretation of the clause of the constitution relating to the suspension of the writ of habeas corpus, was not, however, definitely decided even then. It was admitted on all sides that the general impression, from the foundation of the government, had been that the power of suspension was in Congress. The insertion of the clause in the article relating to Congress indicates that such was the idea of the committee on style and revision in the convention. As first presented to the convention and referred to the committee of detail, the clause contained the words "by the legislature." Tucker's Blackstone and Story's Commentaries assume without discussion that Congress alone can suspend the writ. The Supreme Court indicated such an opinion in Bollman and Swartwout. And especially significant of the early idea is the fact that when, in 1807, a bill was proposed suspending the writ in connection with Burr's conspiracy, a long and violent debate in the House disclosed not the slightest intimation that any one suspected that the power was in the President. The action of Mr. Lincoln's administration, however, had been justified by opinions from eminent lawyers, and officially by that of the attorney-general. The grounds on which these


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Rh Texas reached a like stage in the process of re-organization. The next step required by the Reconstruction Acts was the submission of each draft constitution to the registered voters of the state for ratification. For the purposes of this election the qualification of voters and the authority of the commanders were the same as in the previous election. The contest throughout the South assumed a distinctly fiercer form during this second canvass. Race and class animosity had been whetted by the discussions centering about the conventions; the provisions of the new constitutions afforded definite issues on which party organizations, hitherto inchoate, were molded into efficiency; and the bearing of the results of the elections on national issues and on the outcome of the approaching Presidential canvass brought into play influences from without that in no way tended to allay the bitterness within the states.

Party lines, so far as they were drawn at all in the rebel states under the Presidential regime, followed ante-bellum prejudices. Though very energetic efforts were made in 1865-66 by the leaders of the National Republican Party to extend their organization throughout the South, the results were not satisfactory. Few Southern whites ventured to identify themselves with a name of such evil


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Rh 3. , with entirely new Pictures by eminent Modern Artists.

4., a Grammatico-Allegorical Ballad, with Designs reprinted by permission.

5. A Series of Popular, each Tale illustrated by Four Pictures.

6. A Series of, written expressly.

7., each Ballad illustrated with Four Pictures.

8. A Toy to be called, for Children and others, formed out of the Mosaics published by Mr. Blashfield, purposed to cultivate correct taste in Ornament.

9. of  geometrically proportioned, each Brick being one eighth of the size of the Common Brick in its several measurements, and manufactured under Mr. Prosser's Patent, by Messrs. Minton, of Stoke upon Trent.

THE FOLLOWING WORKS ARE NEARLY READY.

1., illustrated by Hans Holbein.

2.

3.

4.

5.

6.

LONDON:

JOSEPH CUNDALL, 12, OLD BOND STREET.

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Rh Congress persisted, however, in retaining the Virginia form, and in some cases made no concealment of a conscious and deliberate purpose to fix thus an interpretation upon the national constitution that should vastly enlarge the powers of Congress. The Mississippi bill became law on the 23d of February, and the Texas bill on the 30th of March. Military rule was at once withdrawn and the states assumed their normal condition.

VI

At the beginning of April, 1870, of the ten commonwealths whose reconstruction had been undertaken by Congress Georgia alone was unrestored to the full enjoyment of state autonomy. The situation of the state in December, 1868, has already been described. She had been by act of June 25 declared entitled to representation in Congress upon the performance of certain acts by her legislature; these acts had been performed, military government had been withdrawn from the state, and her representatives had been admitted to the lower house in Congress. On this condition of the facts the legal status of Georgia as a state of the Union appeared pretty well established.


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 {| cellpadding="2" align="center" the newer name of "Ta-han,” recently bestowed upon the land by the present ruler, when, as a result of the war between Japan and China, he found himself monarch of an independent country. He had been formerly King of Korea, vassal to the Emperor of China and to the Mikado of Japan. But on the conclusion of the war, Korea was declared an Empire, with the new title of Ta-han, while the ruler raised himself from the rank of King to that of Emperor, so he might reign in Seoul as the equal of their Imperial majesties of Dai Nippon and of the Middle Kingdom, whose capitals are Tokyo and Peking.
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The port of Fusan, distant one day's voyage from Nagasaki, is as Japanese in aspect as any city in Japan itself. The houses, shops, and temples are precisely like the houses, shops, and temples of Nagasaki; the people in the streets wear the dress and speak
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xxvi the Jesuit Rapin on that point is in general reading. Livy's history is certainly more august, more splendid, more amazing; I only insist that it is not more useful. And, though Livy be happier in his subject, this ought not to degrade Thucydides, who seized the only tine subject that could offer itself to him: in regard to him, it was either this or none at all. The parallel should be only drawn in regard to execution, where much hath been said on both sides, and the superiority still remains undecided.

This brings me to the inward abilities of genius and understanding, which capacitated my author to execute his work. His genius was certainly of the highest order: it was truly sublime. Here the critics unanimously applaud. In the arrangement of his matter he emulated Homer. In the grandeur of his thoughts and loftiness of his sense he copied Pindar. He is ever stately and majestic; his stateliness perhaps too formal,


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Rh would come to Magdalen, for all her £12,000. I used to be attentive to her, though (as it's always useful to be), and Mary would sometimes laugh and sometimes cry at my flirting with Magdalen. This I thought proper very quickly to check. "Mary," said I, "you know that my love for you is disinterested,—for I am faithful to you, though Miss Crutty is richer than you. Don’t fly into a rage, because I pay her attentions, when you know that my heart and my promise are engaged to you."

The fact is, to tell a little bit of a secret, there is nothing like the having two strings to your bow. "Who knows," thought I, "Mary may die; and then where are my £10,000?" So I used to be very kind indeed to Miss Crutty; and well it was that I was so; for when I was twenty, and Mary eighteen, I'm blest if news did not arrive that Captain Waters, who was coming home to England with all his money in rupees, had been taken—ship, rupees, self and all—by a French privateer! and Mary, instead of £10,000, had 4


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38 only £5,000, making a difference of no less than £350 per annum betwixt her and Miss Crutty.

I had just joined my regiment (the famous North Bungay Fencibles, Colonel Craw commanding), when this news reached me; and you may fancy how a young man, in an expensive regiment and mess, having uniforms and what not to pay for, and a figure to cut in the world, felt at hearing such news! "My dearest Robert," wrote Miss Waters, "will deplore my dear brother’s loss: but not, I am sure, the money which that kind and generous soul had promised me. I have still five thousand pounds, and with this and your own little fortune (I had £1000 in the five per cents.!) we shall be as happy and contented as possible."

Happy and contented, indeed! Didn't I know how my father got on with his £300 a year, and how it was all he could do out of it to add a hundred a year to my narrow income, and live himself! My mind was made up. I instantly mounted the coach, and flew to our village,—to Mr. Crutty's, of course. It


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Letter to the Editor of The Times from John Coleridge, 1st Baron Coleridge, June 5, 1891

To the Editor of The Times.

S IR ,—I shall be much obliged if you can find room for these letters in your Monday paper. Your obedient servant, C OLERIDGE. 1, Sussex Square, Hyde Park, W., June 6.
 * 37, Temple, E.C.,

 * June 5, 1891.

M Y L ORD ,—Since it appears there is little or no chance of gaining admittance into your Court without a ticket, I now formally apply for one. I base my application on the ground that although a Judge is indeed absolute emperor over his Court, yet his power does not extend to the selection of what body of people shall represent the "public" in cases which are not heard in camera. Although a Judge has the undoubted right to take such measures as to insure the convenience of those having business in the Court, even to the exclusive issuing of tickets of admission, yet such tickets should be distributed impartially to all applicants. I have no personal knowledge that such has not been actually the case. This I know, that I have been told that Lady Coleridge has distributed most of the tickets among her friends. I say this, not because I in any way wish to be insulting or disrespectful to a lady, but simply as a statement of fact as to what I heard a Templar say. I also say it in order to call attention to a fact I am sure your lordship will admit to be true, and that is your lordship's personal friends have no more right to represent the public than the friends of John Smith. It would seem that this ticket-issuing, or rather its distribution, has practically resulted in the above-mentioned undesirable outcome. I also maintain that if there is room in the well of the Court, any member of one of the Inns of Court has a prior right to a seat therein over an ordinary member of the public—whether provided with tickets from the Judge or not. This system of admittance by tickets only, if tolerated, will practically confer on the Judge the power of selecting his audience—a right which up to now, I labour under the impression, has not been conferred on them either by statute or any other law. It is not within my province to find fault with your lordship for taking the best means in your opinion to insure the comfort of those who are bound to be in your Court, any more than to do so with reference to the degrading of the Bench to the level of a grand stand; but I consider that no one, by virtue of holding a ticket of admission, has the right to take precedence of those who are standing much nearer to the door than he is—in other words, no member of the public having no locvs standi in your Court has the right to have the seat kept reserved for him, the first 72 members of the public who present themselves at the public gallery have the right to be admitted. I say 72, because I believe that is the number which can be accommodated in the public gallery of your lordship's Court. I believe I am not wrong in saying that there is no denying my assertion. The Court, so far as I know, takes no notice of the difference between peer and pauper in the question of admittance therein. If John Smith, labourer, is in front of Lord Knows Who, and there is only one seat vacant in the public gallery, the peer has no prior right to occupy that seat. Your lordship probably knows all this better than I do, yet in the face of recent events, it is well to mention all that I have. I respectfully propose to your lordship that orders be given to the official at the door to admit members of the Inns of Court (on presentation of their cards of membership, or on their otherwise satisfying them of the person being such), giving them precedence over members of the public possessing a ticket which, strictly speaking, gives them no more right to be admitted than a piece of waste-paper. If the tickets only admit by "courtesy" and not by "right," then I claim, my Lord, that such courtesy should be extended first to members of the Inns of Court. Be that as it may, but since admission to the Court has been by ticket, I think I may safely conclude that as many tickets as there are seats have been already distributed. If that is so, in order to show such distribution did not practically amount to a selection of the "public" among your lordship's friends and acquaintances, one or other of my alternatives should be acted upon. Either the members of the Inns of Court should be admitted by virtue of their membership, or a ticket should be sent to one who has not the honour of being a friend or acquaintance of your lordship's—to wit, to me. As I have said before, I deny the right of anyone to "reserved" seats in a Court of justice. A member of my Inn, in palliation, said that the tickets were not sold, but granted gratis to all applicants. I hope that is so. Armed with a ticket of admittance I hope to be able to gain an entry, taking my chance with others similarly armed. Supposing the possessor of a ticket issued before the trial commenced is absent, his seat should be kept vacant. If he is late, an earlier ticketholder should occupy the space allotted to him when present. On these grounds I respectfully ask your lordship to issue tickets over and above those already issued, so that there should be no appearance of the Court being reserved for a few personal friends. Your obedient servant,

L. Tallien A. M'vane. To the Right Hon. J. D. Lord Coleridge.

1, Sussex Square, W., June 6, 1891.

Sir,—I have hesitated whether to take any notice of your letter; but it has become the custom to assume that anyone has a right to accuse any other person of anything, and that if that other is not at the trouble of replying to the accusation he must be taken to admit its truth. It is very inconvenient just now to spend valuable time in replying to you; but in such a matter as the public administration of justice it is perhaps better to submit to the inconvenience.

No one except the Sovereign and the Judges has any right upon the Bench; but it has been the immemorial custom for the Judges to extend the courtesy of a seat there to peers, Privy Councillors, and any other persons whom they may choose to invite. I speak from a personal recollection of more than 50 years. It is a discretion I shall exercise as my illustrious predecessors have exercised it, when and as I think fit, and with which, except by Parliament, I shall permit no interference.

The statement as to my wife, which you profess to have heard from "a Templar," is absolutely untrue. It seems that some Templars can be like other men—inaccurate.—and that other Templars can forget what is usually considered due to a lady. It is equally untrue that the Bench has been filled by my personal friends. My wife has had at her disposal three seats, and three seats only, including her own. The majority of persons on the Bench have been unknown to me, even by sight, but they have been persons to whom, for one reason or another, it seemed proper to grant the privilege. Exactly the same observations apply to my own small gallery and to a portion of the gallery opposite the Bench. The rest of that gallery and the whole of the body of the Court has been absolutely free, but I have given strict orders to prevent overcrowding, so that the quiet and orderly trial of the cause shall be secured; with the further direction that the utmost available space shall be given to members of the Bar in costume; and that the reporters for the Press, who keep the public informed of the proceedings in Court, shall be able to perform their important duty, as far as possible, in ease and comfort.

I believe that my orders have not been wholly ineffectual, and they will certainly be continued. When the Court is full my orders are to exclude everyone. There are thousands, I daresay, who would like to hear the trial of an interesting cause; but it is, in my opinion, far more important that those who do hear it should be comfortable (so far as comfort is possible in the Royal Courts of Justice), and therefore quiet and orderly, than that a few more persons—it may be 100—should hear it at the expense of the comfort, the quiet, and the order of the whole audience. I have acted before now on these views; and shall certainly act on them now and whenever it may be my fate to preside at the trial of a case which excites public interest. I can make no alteration in your favour.

As the person you refer to as "a Templar" and yourself may perhaps repeat your mistakes, I shall send your letter and my answer to the newspapers.

I am, Sir,
 * your obedient, humble servant,
 * C OLERIDGE.

L. T. A. M'Vane, Esq.


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Scott v. Jones Lessee of Detroit Young Men's Society/Dissent McLean

Mr. Justice McLEAN.

I think there is jurisdiction in this case. The Detroit Young Men's Society, in their corporate capacity, brought an action of ejectment against Scott and Boland to recover possession of the lot in question.

The deed under which the lessors of the plaintiff claimed was dated the 1st July, 1836, and was signed by three judges of the Territory of Michigan. In making the conveyance, the judges acted under a law of Congress of the 21st April, 1806. As regards this question, it is not important to examine the execution of this trust.

On the trial it was proved 'that a legislature of the State of Michigan, duly elected and returned, was organized and duly qualified under the constitution of the State of Michigan on the 3d November, 1835; and that Stevens T. Mason, having been duly elected and returned, was on the same day qualified as governor, &c. That the act entitled 'An act to incorporate the members of the Detroit Young Men's Society' was approved 26th March, 1836.'

It was proved; by reputation, that John S. Horner purported to act as territorial governor of Michigan until some time in the year 1836, and that George Morell and Ross Wilkins acted as judges until June of that year. That a session of the territorial court was held on the first Monday of January, 1837.

The State of Michigan was admitted into the Union by the act of the 26th January, 1837.

On the trial, the counsel moved the court to instruct the jury, that the act 'to incorporate the members of the Detroit Young Men's Society' was not of binding force, 'unless the jury should find that the State government of the State of Michigan was, at the time of the passing and approval of said act, established, and in full and legal force and operation.'

The twenty-fifth section of the Judiciary Act of 1789 provides, 'that a final judgment or decree in any suit, in the highest court of law or equity of a State in which a decision in the suit could be had, where is drawn in question' 'the validity of a statute of, or an authority exercised under, any State, on the ground of their being repugnant to the constitution, treaties, or laws of the United States, and the decision is in favor of such their validity,' may be re examined in this court by a writ of error.

This act of incorporation was given in evidence, as a part of the plaintiff's title; and on the validity of the act his right to a recovery depended. The deed having been made to the lessors of the plaintiff as corporators, they could recover only in that capacity. The validity of this statute was questioned, as appears from the record, on the ground that it was passed before the State was admitted into the Union; and the court held that the statute was valid. By the constitution, Congress has power to admit into the Union 'new States.' The time of admission is a question of law, and not a political question. At the present term we have had occasion to decide the date of the admission into the Union of the States of Florida and Iowa.

The above facts present the very case provided by the statute for the exercise of jurisdiction by this court. A right was set up under the statute of a State, and that statute was alleged to be repugnant to the constitution and laws of the United States; and the decision of the State court was in favor of the validity of such statute. No case, it would seem, could arise, more completely within the letter and spirit of the twenty-fifth section.

It is said that the act upon its face does not purport to be repugnant to the constitution or laws of the United States. If this be admitted, it by no means follows that the act is constitutional. Whether constitutional or not must be determined by the effect of the act. But in my judgment this act is repugnant to the constitution and laws of the Union.

Michigan was an organized Territory of the United States. Its governor, judges, and all other territorial officers, were in the discharge of their various functions. The sovereignty of the Union extended to it. Under these circumstances, the people of Michigan assembled by delegates in convention, and adopted a constitution, and under it elected members of both branches of their legislature, governor, and judges, and organized the State government. No serious objection need be made, in my judgment, to the assemblage of the people in convention to form a constitution, although it is the more regular and customary mode to proceed under the sanction of an act of Congress. But until the State shall be admitted into the Union by act of Congress, the territorial government remains unimpaired.

No act of the people of a Territory, without the sanction of Congress, can change the territorial into a State government. The constitution requires the assent of Congress for the admission of a State into the Union; and 'the United States guaranty to every State in the Union a republican form of government.' Hence the necessity, in admitting a State, for Congress to examine its constitution.

The act 'to incorporate the members of the Detroit Young Men's Society,' was the exercise of sovereign power,-a power totally repugnant to the sovereignty of the Union, in its territorial form. Until the 26th of January, 1837, Michigan was not admitted into the Union and recognized as a State. Whatever effect this admission may have, by way of relation, on the exercise of the political powers of the State prior to that time, is not now a question. The question of jurisdiction relates to the time the act was passed, and its validity.

This act of incorporation was repugnant to the constitution of the United States, under which the territorial government was organized. It was repugnant to the laws of Congress which formed that organization. It was an exercise of sovereignty incompatible with the sovereignty of the Union, in all its legal forms. And this act was declared by the Supreme Court of Michigan to be valid. I cannot conceive of a clearer case for jurisdiction.

In Holmes v. Jennison, 14 Pet., 540, the governor, in the exercise of a supposed power in the State, directed a fugitive from justice, claimed by the Canadian government, to be delivered up; and the Supreme Court of that State, having brought the accused before it by a habeas corpus, remanded him to custody. This court, under the twenty-fifth section, took jurisdiction of the case, on the ground, in the language of the chief justice, 'that the exercise of the power in question by the States is totally contradictory and repugnant to the power granted to the United States.' And again he says,-'All the powers which relate to our foreign intercourse are confided to the general government.' 'If there was no prohibition to the States, yet the exercise of such a power on their part is inconsistent with the power upon the same subject conferred on the United States.'

Now, in the case of Holmes, there was no power to surrender the fugitive in the federal government, as such power was not conferred by the laws of nations, but must be given by a treaty, or by reciprocal legislation. Still, as the foreign intercourse was vested in the general government, no part of it could be exercised by the States without conflicting with the federal power. Now the conflict of power, in the case under consideration, is clear and direct. The two sovereignties of the State and the territorial government cannot exist at the same time within the same limits. The territorial government exists in full vigor until it is abolished by the admission of the State. There was, then, a direct and irreconcilable repugnance in the exercise of the sovereign power by the State, so long as the federal authority was exercised in the Territory.

Mr. Justice WAYNE concurred, that this court had not jurisdiction in this case, but did not assent to any conclusions in the opinion on the merits in this controversy involving the political relations of Michigan with the United States before Michigan was admitted into the Union.

Mr. Justice NELSON concurred with the opinion of Mr. Justice McLean.


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Rh him, and had his shoes made regularly by that foreign upstart.

Thirdly, he happened to want a pair of shoes mended at this particular period, and as he was measured by the disgusting old High-Dutch Cobbler, he told him his old friend Stubbs was going to be married.

"And to whom?" said old Stiffelkind, "to a voman wit gelt, I vil take my oath."

"Yes," says Bunting, "a country girl—a Miss Magdalen Carrotty or Crotty, at a place called Sloffemsquiggle."

"Schloffemschwiegel!" bursts out the dreadful boot-maker, "Mein Gott, mein Gott! das geht nicht—I tell you, sare, it is no go. Miss Crotty is my niece. I vill go down myself. I vill never let her marry dat goot-for-noting schwindler and tief." Such was the language that the scoundrel ventured to use regarding me!


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Fox v. Ohio/Dissent McLean

Mr. Justice McLEAN.

I dissent from the opinion of the court, and, as this is a constitutional question, I will state the reasons of my dissent.

The defendant in the State court was indicted and convicted of passing 'a certain piece of false, base, counterfeit coin, forged and counterfeited to the likeness and similitude of the good and legal silver coin, currently passing in the State of Ohio, called a dollar.' This is made an offence by the law of Ohio, and punished by imprisonment in the penitentiary, and being kept at hard labor, not more than fifteen, nor less than three years. The defendant was sentenced to imprisonment at hard labor for three years.

The act of Congress of the 3d of March, 1825, punishes the same offence, 'by a fine not exceeding five thousand dollars, and by imprisonment and confinement to hard labor not exceeding ten years.'

The eighth article of the constitution gives power to Congress 'to coin money, regulate the value thereof, and of foreign coin.' Also, 'to provide for the punishment of counterfeiting the securities and current coin of the United States.'

Jurisdiction is taken in this case, on the ground that the law under which the defendant in the State court was sentenced is repugnant to the constitution of the United States, and the above-cited act of Congress.

Objection is made to the sufficiency of the description of the counterfeit coin alleged to have been passed. But I think the indictment, although not technical in this averment, is maintainable. The false coin is alleged to be of the similitude 'of the good and legal silver coin, currently passing in the State of Ohio, called a dollar.' The words 'legal,' 'currently passing,' and 'dollar,' are significant, and must be held to be the coin made legal and current by act of Congress, and that the denomination of a dollar, so connected, is a coin legal and current.

The power to 'coin money, regulate the value thereof and of foreign coin,' vested by the constitution in the federal government, is an exclusive power. It is expressly inhibited to the States. And the power to punish for counterfeiting the coin is also expressly vested in Congress. This power is not inhibited to the States in terms, but this may be inferred from the nature of the power. Two governments acting independently of each other cannot exercise the same power for the same object. It would be a contradiction in terms to say, for instance, that the federal government may coin money and regulate its value, and that the same thing may be done by the State governments. Two governments might act on these subjects, if uniformity in the coin and its value were not indispensable. There can be no independent action without a freedom of the will, and in this view how can two governments do the same thing, not a similar thing? The coin must be the same and the value the same; the regulation must be the result of the same discretion, and not of distinct and independent judgments. This power, therefore, cannot be exercised by two governments.

The act of Congress of the 3d of March, 1825, 'more effectually to provide for the punishment of certain crimes against the United States,' &c., provides, by the twenty-sixth section, that 'nothing in that act shall be construed to deprive the courts of the individual States of jurisdiction, under the laws of the several States, over offences made punishable by that act.'

Offences are made punishable in that act committed on the high seas, in navy-yards, and other places where the United States have exclusive jurisdiction, and also for counterfeiting the coin of the United States. Now it must be admitted that Congress cannot cede any portion of that jurisdiction which the constitution has vested in the federal government. And it is equally obvious, that a State cannot punish offences committed on the high seas, or in any place beyond its limits. The above section, therefore, cannot extend to offences without the State, nor to State statutes subsequently enacted. It is a settled rule of construction, that the statutes of a State subsequently enacted must be expressly adopted by Congress. The statute under which the defendants below was indicted was passed the 7th of March, 1835, so that no force could be given to it by the act of Congress of 1825.

That Congress have power to provide for the punishment of this offence seems to admit of no doubt. Coin is the creation of the federal government; and the power to punish the counterfeiting of this coin is expressly given in the constitution. And these powers must be incomplete, and in a great degree inoperative, unless Congress can also exercise the power to punish the passing of counterfeit coin. Such a power has been exercised by the federal government for many years, and its constitutionality has never been questioned.

Counterfeiting the notes of the Bank of the United States was made an offence by Congress, and punishments were inflicted under that law. This power was never doubted by any one who believed that Congress had power to establish a national bank. It seemed to be the necessary result of the power to establish the bank. For the principal power was in a great degree a nullity, unless Congress had power to protect that which they had created. I speak not of the power to establish the bank, but of the power which necessarily resulted from the exercise of that power. And if this power to protect the notes of the bank was necessary, the power to protect the coin is still clearer, as there can be no question as to the constitutionality of the act of Congress to establish the coin and punish the act of counterfeiting it. In relation to the bank, the principal power is doubted by many, but in relation to the coinage there can be no doubt. The protection of the coin was at least as necessary as the protection of the notes of the bank. But it cannot be necessary further to illustrate the power of Congress to punish the passing of counterfeit coin. It is a power which seems never to have been doubted.

Under the power 'to establish post-offices and post-roads,' Congress have provided for punishing violations of the mail, regulated the duties of the agents of the post-office department, required, under heavy penalties, ferry-keepers to pass over the mail without delay, &c. These and numerous other regulations are necessary to carry out the principal power. And so in relation to the coins. Is it reasonable to suppose that Congress, having power to coin money, and to punish for counterfeiting the coin, should have no power to punish for passing counterfeit coin? Is this coin created by the federal government, and thrown upon the community, without power to prevent a fraudulent use of it? The powers of the general government were not delegated in this manner. Where a principal power is clearly delegated, it includes all powers necessary to give effect to the principal power. This is not controverted, it is believed, by any one. It would seem, therefore, that the power to punish for passing counterfeit coin is clearly in the federal government.

Can this same power be exercised by a State. I think it cannot. Formerly Congress provided that the State courts should have jurisdiction of certain offences under their laws, and in several States indictments were prosecuted, and to a limited extent the laws of the Union were enforced by the States. But some States very properly refused to exercise the jurisdiction in such cases, and it was too clear for argument that Congress could not impose such duties on State courts. And this doctrine is now universally established. Consequently no State court will undertake to enforce the criminal law of the Union, except as regards the arrest of persons charged under such law. It is therefore clear, that the same power cannot be exercised by a State court as is exercised by the Courts of the United States, in giving effect to their criminal laws.

In some cases the acts of Congress adopt the laws of the States on particular subjects; but even these, so far as the United States are concerned, become their laws by adoption, as fully as if they had been originated by them, and cannot be considered in any different light than as if they had been so passed.

If a State punish acts which are made penal by an act of Congress, the power cannot be derived from the act of Congress, but from the laws of the State. And in this light must the act of Ohio be considered, under which the defendant below was punished.

The act of Ohio does not prescribe the same punishment for passing counterfeit coin as the act of Congress. This State law must stand upon the power of the State to punish an act over which the law of Congress extends and punishes. The passage of counterfeit coin is said to be a fraud which the State may punish.

With the same propriety, it is supposed that a State may punish for larceny a person who steals money from the mail or a post-office. And yet a jurisdiction over this offence, it is believed, has not been exercised by a State.

The postmaster or the carrier, as the case may be, has a temporary possession of letter, but the money abstracted from a letter in the mail or in the post-office may be laid in the owner, who, in contemplation of law, retains the right of property until the money shall be received by the person to whom it is forwarded.

Many, if not all, of the States punish for counterfeiting the coin of the United States, while the same offence is punished by act of Congress. And, as before stated, the constitution vests this power expressly in Congress. Now in these two cases, viz. counterfeiting the coin, and passing counterfeit coin, the same act is punished by the federal and State governments. Each government has defined the crime and affixed the punishment, without reference to the action of any other jurisdiction. And the question arises whether, in such cases, where the federal government has an undoubted jurisdiction, a State government can punish the same act. The point is not whether a State may not punish an offence under an act of Congress, but whether the State may inflict, by virtue of its own sovereignty, punishment for the same act, as an offence against the State, which the federal government may constitutionally punish.

If this be so, it is a great defect in our system. For the punishment under the State law would be no bar to a prosecution under the law of Congress. And to punish the same act by the two governments would violate, not only the common principles of humanity, but would be repugnant to the nature of both governments. If there were a concurrent power in both governments to punish the same act, a conviction under the laws of either could be pleaded in bar to a prosecution by the other. But it is not pretended that the conviction of Malinda Fox, under the State law, is a bar to a prosecution under the law of Congress. Each government, in prescribing the punishment, was governed by the nature of the offence, and must be supposed to have acted in reference to its own sovereignty.

There is no principle better established by the common law, none more fully recognized in the federal and State constitutions, than that an individual shall not be put in jeopardy twice for the same offence. This, it is true, applies to the respective governments; but its spirit applies with equal force against a double punishment, for the same act, by a State and the federal government.

Mr. Hamilton, in the thirty-second number of The Federalist, says there is an exclusive delegation of power by the States to the federal government in three cases:-1. Where in express terms an exclusive authority is granted; 2. Where the power granted is inhibited to the States; and 3. Where the exercise of an authority granted to the Union by a State would be 'contradictory and repugnant.'

The power in Congress to punish for conterfeiting the coin, and also for passing it, is exercised under the third head. That a State should punish for doing that which an act of Congress punishes, is contradictory and repugnant. This is clearly the case, whether we regard the nature of the power or the infliction of the punishment. As well might a State punish for treason against the United States, as for the offence of passing counterfeit coin. No government could exist without the power to punish rebellion against its sovereignty. Nor can a government protect the coin which it creates, unless it has power to punish for counterfeiting or passing it. If it has not power to protect the constitutional currency which it establishes, it is the only exception in the exercise of federal powers.

There can be no greater mistake than to suppose that the federal government, in carrying out any of its supreme functions, is made dependent on the State governments. The federal is a limited government, exercising enumerated powers; but the powers given are supreme and independent. If this were not the case, it could not be called a general government. Nothing can be more repugnant or contradictory than two punishments for the same act. It would be a mockery of justice and a reproach to civilization. It would bring our system or government into merited contempt. The sixth article of the constitution preserves the government from so great a reproach. It declares, that 'this constitution, and the laws of the United States made in pursuance thereof, &c., shall be the supreme law of the land; and the judges in every State shall be bound thereby, any thing in the constitution or laws of any State to the contrary notwithstanding.' That the act of Congress which punishes the passing of counterfeit coin is constitutional, would seem to admit of no doubt. And if that act be constitutional, it is the supreme law of the land; and any State law which is repugnant to it is void. As there cannot, in the nature of things, be two punishments for the same act, it follows that the power to punish being in the general government, it does not exist in the States. Such a power in a State is repugnant in its existence and in its exercise to the federal power. They cannot both stand.

I stand alone in this view, but I have the satisfaction to know, that the lamented Justice Story, when this case was discussed by the judges the last term that he attended the Supreme Court, and, if I mistake not, one of the last cases which was discussed by him in consultation, coincided with the views here presented. But at that time, on account of the diversity of opinion among the judges present, and the absence of others, a majority of them being required by a rule of the court, in constitutional questions, to make a decision, a reargument of the cause was ordered. I think the judgment of the State court should be reversed.

title: Fox v. Ohio/Dissent McLean