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 The Decree of the $18/30$th of March, 1863, referred to in Article I, having been issued by the National Assembly only, it was agreed to omit in the text of the said Article the mention of the 'Senate,' whose legislative functions had ceased at the time when the wish of the Hellenic nation called Prince William of Denmark to the Throne of Greece.

The Plenipotentiaries assembled in Conference recorded by the present Protocol these alterations made, by order of their Courts, in Articles I, II, IX, and XII subsequently to the exchange of the ratifications of the Treaty signed at London on the 13th of July.

The Representatives of the Courts of France, Great Britain, and Russia at Athens will be instructed to bring this Protocol to the knowledge of the Hellenic Government.

(Signed)

Treaty between Her Majesty, the Emperor of Austria, the Emperor of the French, the King of Prussia, and the Emperor of all the Russias, relative to the Ionian Islands.

In the name of the Most Holy and Indivisible Trinity.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland having made known to their Majesties the Emperor of Austria, the Emperor of the French, the King of Prussia, and the Emperor of all the Russias, that the Legislative Assembly of the United States of the Ionian Islands, having been duly informed of the intention of Her Majesty to consent to the union of those Islands to the Kingdom of


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68 .  to general cutoms, or the common law, properly o called; this is that law, by which proceedings and determinations in the king’s ordinary courts of jutice are guided and directed. This, for the mot part, ettles the coure in which lands decend by inheritance; the manner and form of acquiring and transferring property; the olemnities and obligation of contracts; the rules of expounding wills, deeds, and acts of parliament; the repective remedies of civil injuries; the everal pecies of temporal offences, with the manner and degree of punihment; and an infinite number of minuter particulars, which diffue themelves as extenively as the ordinary ditribution of common jutice requires. Thus, for example, that there hall be four uperior courts of record, the chancery, the king’s bench, the common pleas, and the exchequer;—that the eldet on alone is heir to his ancetor;—that property may be acquired and transferred by writing;—that a deed is of no validity unles ealed and delivered;—that wills hall be contrued more favorably, and deeds more trictly;—that money lent upon bond is recoverable by action of debt;—that breaking the public peace is an offence, and punihable by fine and imprionment;—all thee are doctrines that are not et down in any written tatute or ordinance, but depend merely upon immemorial uage, that is, upon common law, for their upport.

have divided the common law into two principal grounds or foundations: 1. Etablihed cutoms; uch as that where there are three brothers, the eldet brother hall be heir to the econd, in excluion of the younget: and 2. Etablihed rules and maxims; as, “that the king can do no wrong, that no man hall be bound to accue himelf,” and the like. But I take thee to be one and the ame thing. For the authority of thee maxims rets entirely upon general reception and uage; and the only method of proving, that this or that maxim is a rule of the common law, is by hewing that it hath been always the cutom to oberve it.

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 Greece, has unanimously pronounced in favour of that union ; and the condition prescribed by the last clause of the Protocol signed by the Plenipotentiaries of the Five Powers on the 1st of August last being thus fulfilled; their said Majesties, that is to say, the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of Austria, the Emperor of the French, the King of Prussia, and the Emperor of all the Russias, have resolved to record in a solemn Treaty the assent which they have given to that union, stipulating at the same time the conditions under which it shall be effected.

For this purpose their said Majesties have named as their Plenipotentiaries, that is to say:—

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable John Earl Russell, &c.. Her Majesty's Principal Secretary of State for Foreign Affairs;

His Majesty the Emperor of Austria, King of Hungary and Bohemia, the Count Felix de Wimpffen, &c., Chargé d'Affaires to the Government of Her Britannic Majesty;

His Majesty the Emperor of the French, the Sieur Camille de Nompère de Champagny, Marquis de Cadore, &c.. Chargé d'Affaires to the Government of Her Britannic Majesty;

His Majesty the King of Prussia, the Sieur Albert Count de Bernstorff-Stintenburg, &c.. His Ambassador Extraordinary and Plenipotentiary to Her Britannic Majesty;

His Majesty the Emperor of all the Russias, the Sieur Philip Baron de Brunnow, Ambassador Extraordinary and Plenipotentiary to Her Britannic Majesty, &c.;

Who, after having exchanged their full powers, found in good and due form, have concluded and signed the following Articles:—

. I. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland renounces on the conditions hereinafter specified, the Protectorate over the Islands of Corfu, Cephalonia, Zante, Santa Maura, Ithaca, Cerigo, and Paxo, with their dependencies, which, by the Treaty signed at Paris


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§. 3. here a very natural, and very material, quetion aries: how are thee cutoms or maxims to be known, and by whom is their validity to be determined? The anwer is, by the judges in the everal courts of jutice. They are the depoitary of the laws; the living oracles, who mut decide in all caes of doubt, and who are bound by an oath to decide according to the law of the land. Their knowlege of that law is derived from experience and tudy; from the “,” which Fortecue mentions; and from being long peronally accutomed to the judicial deciions of their predeceors. And indeed thee judicial deciions are the principal and mot authoritative evidence, that can be given, of the exitence of uch a cutom as hall form a part of the common law. The judgment itelf, and all the proceedings previous thereto, are carefully regitered and preerved, under the name of records, in public repoitories et apart for that particular purpoe; and to them frequent recoure is had, when any critical quetion aries, in the determination of which former precedents may give light or aitance. And therefore, even o early as the conquet, we find the “” reckoned up as one of the chief qualifications of thoe who were held to be “ .” For it is an etablihed rule to abide by former precedents, where the ame points come again in litigation; as well to keep the cale of jutice even and teady, and not liable to waver with every new judge’s opinion; as alo becaue the law in that cae being olemnly declared and determined, what before was uncertain, and perhaps indifferent, is now become a permanent rule, which it is not in the breat of any ubequent judge to alter or vary from, according to his private entiments: he being worn to determine, not according to his own private judgment, but according to the known laws and cutoms of the land; not delegated to pronounce a new law, but to maintain and expound the old one. Yet this rule admits of exception, where the former determination is mot evidently contrary to reaon; much


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 express a wish to that effect, to abandon the Protectorate of those Islands, confided to Her Majesty by the Treaty concluded at Paris on the 5th of November, 1815, between the Courts of Great Britain, Austria, Prussia, and Russia. Such wish having been expressed by a vote of the said Legislative Assembly passed unanimously on the 7th/19th October, 1863, Her Britannic Majesty consented, by Article I of the Treaty concluded on the 14th of November, 1863, between Her Majesty, the Emperor of Austria, the Emperor of the French, the King of Prussia, and the Emperor of all the Russias, to renounce the said Protectorate under certain conditions specified in that Treaty, and since defined by subsequent Protocols.

On their part, their Majesties the Emperor of Austria, the Emperor of the French, the King of Prussia, and the Emperor of all the Russias, consented by the same Article, and under the same conditions, to accept such renunciation, and to recognize, in conjunction with Her Britannic Majesty, the union of those Islands to the Kingdom of Greece.

In virtue of Article V of the Treaty signed at London on the 13th of July, 1863, it was moreover agreed by common consent between Her Britannic Majesty and their Majesties the Emperor of the French and the Emperor of all the Russias, that the Ionian Islands, when their union to the Kingdom of Greece should have been effected, as contemplated by Article IV of the same Treaty, should be comprised in the guarantee stipulated in favour of Greece by the Courts of Great Britain, France, and Russia, in virtue of the Convention signed at London on the 7th of May, 1832.

In consequence, and in accordance with the stipulations of the Treaty of the 13th of July, 1863, and with the terms of Article VI of the Treaty of the 14th of November, 1863, whereby the Courts of Great Britain, France, and Russia, in their character of Guaranteeing Powers of the Kingdom of Greece, reserved to themselves to conclude a Treaty with the Hellenic Government as to the arrangements which might become necessary in consequence of the union of the Ionian Islands to Greece, their said Majesties have resolved to


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70 much more if it be contrary to the divine law. But even in uch caes the ubequent judges do not pretend to make a new law, but to vindicate the old one from mirepreentation. For if it be found that the former deciion is manifestly aburd or unjut, it is declared, not that uch a entence was bad law, but that it was not law; that is, that it is not the etablihed cutom of the realm, as has been erroneouly determined. And hence it is that our lawyers are with jutice o copious in their encomiums on the reaon of the common law; that they tell us, that the law is the perfection of reaon, that it always intends to conform thereto, and that what is not reaon is not law. Not that the particular reaon of every rule in the law can at this ditance of time be always preciely aigned; but it is ufficient that there be nothing in the rule flatly contradictory to reaon, and then the law will preume it to be well founded. And it hath been an antient obervation in the laws of England, that whenever a tanding rule of law, of which the reaon perhaps could not be remembered or dicerned, hath been wantonly broke in upon by tatutes or new reolutions, the widom of the rule hath in the end appeared from the inconveniences that have followed the innovation.

doctrine of the law then is this: that precedents and rules mut be followed, unles flatly aburd or unjut: for though their reaon be not obvious at firt view, yet we owe uch a deference to former times as not to uppoe they acted wholly without conideration. To illutrate this doctrine by examples. It has been determined, time out of mind, that a brother of the half blood hall never ucceed as heir to the etate of his half brother, but it hall rather echeat to the king, or other uperior lord. Now this is a poitive law, fixed and etablihed by cutom, which cutom is evidenced by judicial deciions; and therefore can never be departed from by any modern judge without a breach


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 to negotiate with His Majesty the King of the Hellenes a Treaty for the purpose of carrying into execution the stipulations above mentioned.

His Majesty the King of the Hellenes having given his assent to the conclusion of such Treaty, their said Majesties have named as their Plenipotentiaries, that is to say:—

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Right Honourable John Earl Russell, &c., Her Principal Secretary of State for Foreign Affairs;

His Majesty the Emperor of the French, the Sieur Godefroy Bernard Henry Alphonse, Prince de la Tour d'Auvergne Lauraguais, Ambassador Extraordinary and Plenipotentiary to Her Britannic Majesty, &c.

His Majesty the Emperor of all the Russias, the Sieur Philip Baron de Brunnow, His Actual Privy Councillor, Ambassador Extraordinary and Plenipotentiary to Her Britannic Majesty, &c.

And His Majesty the King of the Hellenes, the Sieur Charilaüs S. Tricoupi, a Representative in the National Assembly of the Hellenes;

Who, after having exchanged their full powers, found in good and due form, have agreed upon and signed the following Articles:—

. I. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, desiring to realize the wish expressed by the Legislative Assembly of the United States of the Ionian Islands, that those Islands should be united to Greece, has consented, on the conditions hereinafter specified, to renounce the Protectorate over the Islands of Corfu, Cephalonia, Zante, Santa Maura, Ithaca, Cerigo, and Paxo, with their dependencies, which, in virtue of the Treaty signed at Paris on the 5th of November, 1815, by the Plenipotentiaries of Great Britain, Austria, Prussia, and Russia, were constituted a single free and independent State, under the denomination of 'the United States of the Ionian Islands,' placed under the immediate and exclusive protection of His Majesty the King of the United Kingdom of Great Britain and Ireland, his heirs and successors.

In consequence, Her Britannic Majesty, His Majesty the


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 Emperor of the French, and His Majesty the Emperor of all the Russias, in their character of signing parties to the Convention of the 7th of May, 1832, recognize such union, and declare that Greece, within the limits determined by the arrangement concluded at Constantinople between the Courts of Great Britain, France, and Russia, and the Ottoman Porte on the 21st of July, 1832 ,—including the Ionian Islands,—shall form a monarchical, independent, and constitutional State, under the Sovereignty of His Majesty King George and under the guarantee of the three Courts.

. II. The Courts of Great Britain, France, and Russia, in their character of guaranteeing Powers of Greece, declare, with the assent of the Courts of Austria and Prussia, that the Islands of Corfu and Paxo, as well as their dependencies, shall, after their union to the Hellenic Kingdom, enjoy the advantages of perpetual neutrality.

His Majesty the King of the Hellenes engages, on his part, to maintain such neutrality.

. III. The union of the Ionian Islands to the Hellenic Kingdom shall not involve any change as to the advantages conceded to foreign commerce and navigation in virtue of Treaties and Conventions concluded by foreign Powers with Her Britannic Majesty, in her character of Protector of the Ionian Islands.

All the engagements which result from the said transactions as well as from the regulations actually in force in relation thereto, shall be maintained and strictly observed as hitherto.

In consequence, it is expressly understood that foreign vessels and commerce in Ionian ports, as well as the navigation between Ionian ports and the ports of Greece, shall continue to be subject to the same treatment, and placed under the same conditions, as before the union of the Ionian Islands to Greece, until the conclusion of new formal Conventions, or of arrangements destined to regulate between the parties


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§. 3. breach of his oath and the law. For herein there is nothing repugnant to natural jutice; though the reaon of it, drawn from the feodal law, may not be quite obvious to every body. And therefore, on account of a uppoed hardhip upon the half brother, a modern judge might wih it had been otherwie ettled; yet it is not in his power to alter it. But if any court were now to determine, that an elder brother of the half blood might enter upon and eie any lands that were purchaed by his younger brother, no ubequent judges would cruple to declare that uch prior determination was unjut, was unreaonable, and therefore was not law. So that the law, and the opinion of the judge are not always convertible terms, or one and the ame thing; ince it ometimes may happen that the judge may mitake the law. Upon the whole however, we may take it as a general rule, “that the deciions of courts of jutice are the evidence of what is common law:” in the ame manner as, in the civil law, what the emperor had once determined was to erve for a guide for the future.

deciions therefore of courts are held in the highet regard, and are not only preerved as authentic records in the treauries of the everal courts, but are handed out to public view in the numerous volumes of reports which furnih the lawyer’s library. Thee reports are hitories of the everal caes, with a hort ummary of the proceedings, which are preerved at large in the record; the arguments on both ides; and the reaons the court gave for it’s judgment; taken down in hort notes by perons preent at the determination. And thee erve as indexes to, and alo to explain, the records; which always, in matters of conequence and nicety, the judges direct to be earched. The reports are extant in a regular eries from the reign of king Edward the econd incluive; and from his time to that of Henry the


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 sterling a year shall be appropriated, in monthly payments, to the augmentation of the Civil List of His Majesty the King of the Hellenes, so as to constitute the first charge upon the revenue of the Ionian Islands, unless provision be made for such payment, according to the Constitutional forms, out of the revenues of the Kingdom of Greece.

In consequence, His Majesty the King of the Hellenes engages to carry that Decree duly into execution.

. VI. Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, His Majesty the Emperor of the French, and His Majesty the Emperor of all the Russias, agree to relinquish in favour of His Majesty King George I, each four thousand pounds sterling a year, out of the sums which the Greek Treasury has engaged to pay annually to each of them, in virtue of the arrangement concluded at Athens by the Greek Government, with the concurrence of the Greek Chambers, in the month of June, 1860.

It is expressly understood that these three sums, forming a total of twelve thousand pounds sterling annually, shall be destined to constitute a personal dotation of His Majesty King George I, in addition to the Civil List fixed by the law of the State. The accession of His Majesty to the Hellenic Throne shall not otherwise involve any change in the financial engagements which Greece has contracted by Article XII of the Convention of May 7, 1832, towards the Powers guarantees of the loan, nor in the execution of the engagement taken by the Hellenic Government in the month of June, 1860, upon the representation of the three Courts.

. VII. His Majesty the King of the Hellenes engages to take upon himself all the engagements and contracts lawfully concluded by the Government of the United States of the Ionian Islands, or in their name by the Protecting Power of those Islands, conformably to the Constitution of the


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 Ionian Islands, whether with foreign Governments, with Companies and Associations, or with private individuals; and promises to fulfil the said engagements and contracts fully and completely, as if they had been concluded by His Majesty or by the Hellenic Government. Under this head are specially included: the public debt of the Ionian Islands; the privileges conceded to the Ionian Bank, to the Navigation Company known under the name of the Austrian Lloyds, in conformity with the Postal Convention of the 1st of December, 1853, and to the Malta and Mediterranean Gas Company.

. VIII. His Majesty the King of the Hellenes promises to take upon himself,—

1. The pensions granted to British subjects by the Ionian Government, in conformity with the rules established in the Ionian Islands respecting pensions.

2. The compensation allowances due to certain individuals actually in the service of the Ionian Government, who will lose their employments in consequence of the union of the Islands to Greece.

3. The pensions which several Ionian subjects are in the enjoyment of, in remuneration of services rendered to the Ionian Government.

A special Convention to be concluded between Her Britannic Majesty and His Majesty the King of the Hellenes shall determine the amounts of these different heads, and shall regulate the mode of their payment.

. IX. The civil authorities and the military forces of Her Britannic Majesty shall be withdrawn from the territory of the United States of the Ionian Islands in three months, or sooner if possible, after the ratification of the present Treaty.

. X. The present Treaty shall be ratified, and the ratifications shall be exchanged at London in six weeks, or sooner if possible.

In witness whereof the respective Plenipotentiaries have


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72 the eighth were taken by the prothonotaries, or chief cribes of the court, at the expene of the crown, and publihed annually, whence they are known under the denomination of the year books. And it is much to be wihed that this beneficial cutom had, under proper regulations, been continued to this day: for, though king James the firt at the intance of lord Bacon appointed two reporters with a handome tipend for this purpoe, yet that wie intitution was oon neglected, and from the reign of Henry the eighth to the preent time this tak has been executed by many private and cotemporary hands; who ometimes through hate and inaccuracy, ometimes through mitake and want of kill, have publihed very crude and imperfect (perhaps contradictory) accounts of one and the ame determination. Some of the mot valuable of the antient reports are thoe publihed by lord chief jutice Coke; a man of infinite learning in his profeion, though not a little infected with the pedantry and quaintnes of the times he lived in, which appear trongly in all his works. However his writings are o highly eteemed, that they are generally cited without the author’s name.

thee reporters, there are alo other authors, to whom great veneration and repect is paid by the tudents of the common law. Such are Glanvil and Bracton, Britton and Fleta, Littleton and Fitzherbert, with ome others of antient date, whole treaties are cited as authority; and are evidence that caes have formerly happened in which uch and uch points were determined, which are now become ettled and firt principles. One of the lat of thee methodical writers in point of time, whoe works are of any intrinic authority in the courts of jutice, and do not entirely depend on the trength of their quotations from older authors,


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 signed the same, and have affixed thereto the seal of their arms.

Done at London, the twenty-ninth of March, in the year of our Lord one thousand eight hundred and sixty-four.

The Plenipotentiary of His Hellenic Majesty declared that King George had decided to maintain, in all its integrity, that clause of the Decree concerning his election in virtue of which his legitimate heirs and successors to the throne of Greece must profess the tenets of the Orthodox Church of the East.

The Plenipotentiaries of France, Great Britain, and Russia, resolved to record this present declaration among the Acts of the Conference.


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Rh shalt meditate therein day and night, that thou mayest observe to do according to all that is written therein: for then thou shalt make thy way prosperous, and then thou shalt have good success. Have not I commanded thee? Be strong and of a good courage; be not afraid, neither be thou dismayed: for the Lord thy God is with thee whithersoever thou goest.

Then Joshua commanded the officers of the people, saying, Pass through the host, and command the people, saying, Prepare you victuals; for within three days ye shall pass over this Jordan, to go in to possess the land, which the Lord your God giveth you to possess it.

And to the Reubenites, and to the Gadites, and to half the tribe of Manasseh, spake Joshua, saying, Remember the word which Moses the servant of the Lord commanded you, saying, The Lord your God hath given you rest, and hath given you this land. Your wives, your little ones, and your cattle, shall remain in the land which Moses gave you on this side Jordan; but ye shall pass before your brethren armed, all the mighty men of valour, and help them; until the Lord have given your brethren rest, as he hath given you, and they also have possessed the land which the Lord your God giveth them: then ye shall return unto the land of your possession, and enjoy it, which Moses the


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II] Lord's servant gave you on this side Jordan toward the sunrising.

And they answered Joshua, saying, All that thou commandest us we will do, and whithersoever thou sendest us, we will go. According as we hearkened unto Moses in all things, so will we hearken unto thee: only the Lord thy God be with thee, as he was with Moses. Whosoever he be that doth rebel against thy commandment, and will not hearken unto thy words in all that thou commandest him, he shall be put to death: only be strong and of a good courage.

Joshua the son of Nun sent out of Shittim two men to spy secretly, saying, Go view the land, even Jericho. And they went, and came into an harlot's house, named Rahab, and lodged there. And it was told the king of Jericho, saying, Behold, there came men in hither to night of the children of Israel to search out the country. And the king of Jericho sent unto Rahab, saying, Bring forth the men that are come to thee, which are entered into thine house: for they be come to search out all the country. And the woman took the two men, and hid them, and said thus, There came men unto me, but I wist not whence they were: and it came to pass about the time of shutting of the gate, when it was dark, that the men went out: whither the men went I wot not: pursue after them quickly;


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Their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of the French, and the Emperor of all the Russias, on the one part, and His Majesty the King of the Hellenes on the other part, having concluded between them on the 29th of March, 1864, a Treaty for the union of the Ionian Islands to the Kingdom of Greece: and Their said Majesties, with reference to the Act under date of the 24th of April, 1819, whereby the Sublime Ottoman Porte recognised the Protectorate of Great Britain over the Ionian Islands, having proposed to His Imperial Majesty the Sultan to accede to the aforesaid Treaty; and His Imperial Majesty having accepted that proposal, the Plenipotentiaries of the High Powers, that is to say:—

On the part of Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, the Honourable William Stuart, Her Chargé d'Affaires to the Sublime Ottoman Porte;

On the part of His Majesty the Emperor of the French, the Sieur Lionel Marquis de Moustier, &c.. Ambassador of His Majesty the Emperor of the French to the Sublime Ottoman Porte;

On the part of His Majesty the Emperor of all the Russias, the Sieur Nicholas Ignatieff, Extraordinary and Minister Plenipotentiary to the Sublime Ottoman Porte, &c.;

On the part of His Majesty the King of the Hellenes, the Sieur Peter Delyanni, His Envoy Extraordinary and Minister Plenipotentiary to the Sublime Ottoman Porte, &c.

And on the part of His Imperial Majesty the Sultan, His Highness Mohammed Emin Aali Pasha, His Minister for Foreign Affairs, &c.;

Met together for the purpose of recording in due form the


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Rh for ye shall overtake them. But she had brought them up to the roof of the house, and hid them with the stalks of flax, which she had laid in order upon the roof. And the men pursued after them the way to Jordan unto the fords: and as soon as they which pursued after them were gone out, they shut the gate.

And before they were laid down, she came up unto them upon the roof; and she said unto the men, I know that the Lord hath given you the land, and that your terror is fallen upon us, and that all the inhabitants of the land faint because of you. For we have heard how the Lord dried up the water of the Red sea for you, when ye came out of Egypt; and what ye did unto the two kings of the Amorites, that were on the other side Jordan, Sihon and Og, whom ye utterly destroyed. And as soon as we had heard these things, our hearts did melt, neither did there remain any more courage in any man, because of you: for the Lord your God, he is God in heaven above, and in earth beneath. Now therefore, I pray you, swear unto me by the Lord, since I have shewed you kindness, that ye will also shew kindness unto my father's house, and give me a true token: and that ye will save alive my father, and my mother, and my brethren, and my sisters, and all that they have, and deliver our lives from death. And the men answered her, Our life for yours, if ye utter


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II] not this our business. And it shall be, when the Lord hath given us the land, that we will deal kindly and truly with thee. Then she let them down by a cord through the window: for her house was upon the town wall, and she dwelt upon the wall. And she said unto them, Get you to the mountain, lest the pursuers meet you; and hide yourselves there three days, until the pursuers be returned: and afterward may ye go your way. And the men said unto her, We will be blameless of this thine oath which thou hast made us swear. Behold, when we come into the land, thou shalt bind this line of scarlet thread in the window which thou didst let us down by: and thou shalt bring thy father, and thy mother, and thy brethren, and all thy father's household, home unto thee. And it shall be, that whosoever shall go out of the doors of thy house into the street, his blood shall be upon his head, and we will be guiltless: and whosoever shall be with thee in the house, his blood shall be on our head, if any hand be upon him. And if thou utter this our business, then we will be quit of thine oath which thou hast made us to swear. And she said, According unto your words, so be it. And she sent them away, and they departed: and she bound the scarlet line in the window. And they went, and came unto the mountain, and abode there three days, until the pursuers were returned: and the


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 Accession of His Imperial Majesty the Sultan, and the Acceptance of that Accession by the four Courts Parties to the Treaty.

In consequence the Plenipotentiary of His Majesty the Sultan declares, in virtue of his full powers, that the Sublime Porte formally accedes to the above-mentioned Treaty signed at London on the 29th of March, 1864, between Their Majesties the Queen of the United Kingdom of Great Britain and Ireland, the Emperor of the French, and the Emperor of all the Russias, on the one part, and His Majesty the King of the Hellenes on the other part, for the union of the Ionian Islands to the Kingdom of Greece, which Treaty is, word for word, as follows:—

The Plenipotentiaries of Great Britain, France, Russia, and Greece, in virtue of their full powers, formally accept, in the name of their respective Courts, the said Accession of the Sublime Ottoman Porte.

The present Act of Accession and Acceptance shall be ratified, and the acts of ratification thereof shall be exchanged at Constantinople in two months from this date, or sooner if possible.

In witness whereof the respective Plenipotentiaries have signed the same, and have affixed thereto the seal of their arms.

Done at Constantinople, the eighth day of April, in the year of our Lord one thousand eight hundred and sixty-five.

Convention between Her Majesty, the German Emperor, the Emperor of Austria, the President of


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Rh pursuers sought them throughout all the way, but found them not.

So the two men returned, and descended from the mountain, and passed over, and came to Joshua the son of Nun, and told him all things that befell them: and they said unto Joshua, Truly the Lord hath delivered into our hands all the land; for even all the inhabitants of the country do faint because of us.

Joshua rose early in the morning; and they removed from Shittim, and came to Jordan, he and all the children of Israel, and lodged there before they passed over. And it came to pass after three days, that the officers went through the host; and they commanded the people, saying, When ye see the ark of the covenant of the Lord your God, and the priests the Levites bearing it, then ye shall remove from your place, and go after it. Yet there shall be a space between you and it, about two thousand cubits by measure: come not near unto it, that ye may know the way by which ye must go: for ye have not passed this way heretofore. And Joshua said unto the people, Sanctify yourselves: for to morrow the Lord will do wonders among you. And Joshua spake unto the priests, saying, Take up the ark of the covenant, and pass over before the people. And they took up the ark of the covenant, and went before the people.


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 the French Republic, the King of Italy, the Emperor of Russia, and the Sultan, for the Settlement of the Frontier between Greece and Turkey.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India; His Majesty the German Emperor, King of Prussia; His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary; the President of the French Republic; His Majesty the King of Italy; and His Majesty the Emperor of all the Russias, exercising the mediation contemplated by Article XXIV of the Treaty signed at Berlin on the 13th July, 1878, of the one part; and His Majesty the Emperor of the Ottomans, of the other part; being equally animated by the desire to regulate, in the interest of European order, the questions relative to the rectification of the Turco-Greek frontiers, have determined to conclude a Convention destined to give a definitive solution to this question.

Their said Majesties and the President of the French Republic have, to this effect, appointed as their Plenipotentiaries, that is to say:

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India: the Right Honourable George J. Goschen, Her Special Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the Emperor of the Ottomans;

His Majesty the German Emperor, King of Prussia: Paul, Count de Hatzfeldt Wildenburg, His Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the Emperor of the Ottomans;

His Majesty the Emperor of Austria, King of Bohemia, &c., and Apostolic King of Hungary: Henry, Baron Calice, His Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the Emperor of the Ottomans;

The President of the French Republic: Charles Tissot, Ambassador of the French Republic at the Court of His Majesty the Emperor of the Ottomans;


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III] And the Lord said unto Joshua, This day will I begin to magnify thee in the sight of all Israel, that they may know that, as I was with Moses, so I will be with thee. And thou shalt command the priests that bear the ark of the covenant, saying, When ye are come to the brink of the water of Jordan, ye shall stand still in Jordan.

And Joshua said unto the children of Israel, Come hither, and hear the words of the Lord your God. And Joshua said, Hereby ye shall know that the living God is among you, and that he will without fail drive out from before you the Canaanites, and the Hittites, and the Hivites, and the Perizzites, and the Girgashites, and the Amorites, and the Jebusites. Behold, the ark of the covenant of the Lord of all the earth passeth over before you into Jordan. Now therefore take you twelve men out of the tribes of Israel, out of every tribe a man. And it shall come to pass, as soon as the soles of the feet of the priests that bear the ark of the Lord, the Lord of all rhe earth, shall rest in the waters of Jordan, that the waters of Jordan shall be cut off from the waters that come down from above; and they shall stand upon an heap.

And it came to pass, when the people removed from their tents, to pass over Jordan, and the priests bearing the ark of the covenant before the people; and as they


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APPENDIX.

the econd by the grace of God of Great Britain, France, and Ireland, king, defender of the faith, and o forth; to the heriffs of London and heriff of Middlefex, greeting. Lawrence earl Ferrers, vicount Tamworth, hath been indicted of felony and murder by him done and committed, which aid indictment hath been certified before us in our preent parliament; and the aid Lawrence earl Ferrers, vicount Tamworth, hath been thereupon arraigned, and upon uch arraignment hath pleaded not guilty, and the aid Lawrence earl Ferrers, vicount Tamworth, hath before us in our aid parliament been tried, and in due form of law convicted thereof; and whereas judgment hath been given in our aid parliament, that the aid Lawrence earl Ferrers, vicount Tamworth, mail be hanged by the neck till he is dead, and that his body be diected and anatomized, the execution of which judgment yet remaineth to be done: {{blackletter|We} require, and by thee preents trictly command you, that upon Monday the fifth day of May intant, between the hours of nine in the morning and one in the afternoon of the ame day, him the aid Lawrence earl Ferrers, vicount Tamworth, without the gate of our tower of London (to you then and there to be delivered, as by another writ to the lieutenant of our tower of London or to his deputy directed, we have commanded) into your cutody you then and there receive: and him, in your cutody o being, you forthwith convey to the accutomed place of execution at Tyburn: and that you do caue execution to be done upon the aid Lawrence earl Ferrers, vicount Tamworth, in your cutody o being, in all things according to the aid judgment. And this you are by no means to omit, at your peril. ourelf at Wetminter the econd day of May, in the thirty-third year of our reign.

Rh


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 His Majesty the King of Italy: Louis, Count Corti, His Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the Emperor of the Ottomans;

His Majesty the Emperor of all the Russias: Eugène Novikow, His Ambassador Extraordinary and Plenipotentiary at the Court of His Majesty the Emperor of the Ottomans;

And His Majesty the Emperor of the Ottomans: Mahmoud Server Pasha, President of his Council of State; the Mushir Ghazi Ahmed Moukhtar Pasha, President of the Commission of Inspection of Military Reforms; the Mushir Aly Nyzami Pasha; Artin Effendi Dadian, Under-Secretary of State in the Department for Foreign Affairs;

Who, furnished with the necessary powers, have agreed to the following Articles:—

. I. The new frontiers of Turkey and Greece are fixed as follows:—

The new frontier-line starting from a point near the defile of Karalik-Dervend, between the mouth of the Salamvrias and Platamona, about 4 kilom. to the south of the latter point, follows in a westerly direction the crest of the mountains, passes first between Krania and Avarnitza, then between Nezeros and Analipsis, arrives at the summit of Mount Godaman, then descends towards the south, following the crest of Olympus, reaches the summit of Kokkinopetra, and, taking a westerly direction from this point without leaving the same crest, passes between Ligara and Derveni-Melona, and arrives at the summit of Mount Kritiri. Thence turning towards the south the line gains the right bank of the Xeraghis, and, following the line of watershed towards the south-west, gains the summit of the heights situated to the north of the village of Zarko, then turns to the north-west in the direction of Diminitza and keeps to the line of watershed, leaving to Turkey the village of Elevtherokhorion. Before reaching Diminitza, at a distance of about 18 kilom. from that place, the frontier-line turns towards the west, still on the line of watershed, and passes by the villages of Flamouristi, Gavronon, and Georgitza to the summit of Mount Kratchovo. Then turning southwards by the crest, it passes by the summits of Mount Zygos, Dokini, and Peristeri, and gains the River


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OW after the death of Joshua it came to pass, that the children of Israel asked the Lord, saying, Who shall go up for us against the Canaanites first, to fight against them? And the Lord said, Judah shall go up: behold, I have delivered the land into his hand. And Judah said unto Simeon his brother, Come up with me into my lot, that we may fight against the Canaanites; and I likewise will go with thee into thy lot. So Simeon went with him. And Judah went up; and the Lord delivered the Canaanites and the Perizzites into their hand: and they slew of them in Bezek ten thousand men. And they found Adoni-bezek in Bezek: and they fought against him, and they slew the Canaanites and the Perizzites. But Adoni-bezek fled; and they pursued after him, and caught him, and cut off his thumbs and his great toes. And Adoni-bezek said, Threescore and ten kings, having their thumbs and their great toes cut off, gathered their meat under my table: as I have done, so God hath requited me. And they brought him to Jerusalem, and there he died. Now the children of Judah had fought against Jerusalem, and had taken it, and smitten it with the edge of the sword, and set the city on fire.


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vi judgment was o pronounced as aforeaid, in manner and form as the aid attorney general hath by his aid replication to the aid plea of the aid prioner now here at the bar alleged. And herupon the aid attorney general on behalf of our aid lord the king now prayeth, that the court here would proceed to award execution againt him the aid Thomas Rogers upon the aid attainder. Whereupon, all and ingular the premies being now een and fully undertood by the court here, it is orderd by the court here, that execution be done upon the faid prioner at the bar for the aid felony in puruance of the aid judgment, according to due form of law: And it is latly ordered, that he the aid Thomas Rogers, the prioner at the bar, be now committed to the cutody of the heriff of the county of Kent ( now alo preent here in court) for the purpoe aforeaid ; and that the aid heriff of Kent do execution upon the aid defendant the prioner at the bar for the aid felony, in puruance of the aid judgment, according to due form of law.

 * On the motion of Mr. Attorney General.

By the Court.

at the eion of gaol delivery of Newgate, for the city of London and county of Middleex, holden at Jutice Hall in the Old Bailey, on the nineteenth day of October lat, Patrick Mahony, Roger Jones, Charles King, and Mary Smith, received entence of death for the repective offences in their everal indictments mentioned; that execution of the aid entence be made and done upon them the aid Patrick Mahony and Roger Jones, on Wedneday the ninth day of this intant month of November at the uual place of execution. And it is his majety's command, that execution of the aid entence upon them the aid Charles King and Mary Smith be repited, until his majefty's pleaure touching them be farther known.

James Eyre, Recorder. L. S.


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OW it came to pass in the days when the judges ruled, that there was a famine in the land. And a certain man of Beth-lehem-judah went to sojourn in the country of Moab, he, and his wife, and his two sons. And the name of the man was Elimelech, and the name of his wife Naomi, and the name of his two sons Mahlon and Chilion, Ephrathites of Beth-lehem-judah. And they came into the country of Moab, and continued there. And Elimelech Naomi's husband died; and she was left, and her two sons. And they took them wives of the women of Moab; the name of the one was Orpah, and the name of the other Ruth: and they dwelled there about ten years. And Mahlon and Chilion died also both of them; and the woman was left of her two sons and her husband.

Then she arose with her daughters in law, that she might return from the country of Moab: for she had heard in the country of Moab how that the Lord had visited his people in giving them bread. Wherefore she went forth out of the place where she was, and her two daughters in law with her; and they went on the way to return unto the land of Judah. And Naomi said unto her two daughters in law, Go,


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 Arta, following the stream which carries off by the shortest way the rainfall from the summit of Mount Peristeri to this river, and passing near the villages of Kalarrhytes and Mikalitzi. Beyond these last points the line follows the thalweg of the River Arta to its mouth.

This delimitation will be fixed on the spot by a Commission composed of the Delegates of the Six Powers and of the two parties interested.

The Delimitation Commission will pass their Resolutions by a majority of votes, each power having but one vote.

It should meet within eight days after the ratification of the present Convention, or sooner if possible, so as to commence its labours.

. II. Punta and its territory, as it was determined by the first Article of the Act signed at Constantinople on the 21st July, 1832, will be ceded to Greece.

All the fortifications commanding the entrance to the Gulf of Arta, both on the side of Prevesa as well as on that of Punta, will be disarmed within three months after the signature of this Convention, and will remain disarmed in time of peace between the two States.

The navigation of the Gulf of Arta will be free.

. III. The lives, property, honour, religion, and customs of those of the inhabitants of the localities ceded to Greece who shall remain under the Hellenic administration will be scrupulously respected. They will enjoy exactly the same civil and political rights as Hellenic subjects of origin.

. IV. The rights of property on the farms, as well on the pasturages, meadows, grazing grounds ('kechlak'), forests, and every kind of lands or other real estate, held by private individuals and communes in virtue of firmans, hodjets, tapous,


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Rh §. 3. Entry of a Trial inftanter in the Court of King's Bench, upon a collateral Iue; and Rule of Court for Execution thereon.

Michaelmas term, in the ixth year of the reign of king George the third. Kent: The King againt Thomas Rogers The prioitev at the bar being brought into this court in cutody of the heriff of the county of Suex, by virtue of his majety's writ of habeas corpus, it that the aid writ and the return thereto be filed. And it appearing by a certain record of attainder, which hath been removed into this court by his majety's writ of certiorari, that the prioner at the bar tands attainted, by the name of Thomas Rogers, of felony for a robbery on the highway, and the aid prioner at the bar having heard the record of the aid attainder now read to him, is now Prioner aked by the court here, what he hath to ay for himelf, why the court here mould not proceed to award execution againt him upon the aid attainder, He for plea faith, that he is not the ame Thomas Rogers in the aid record of attainder named, and againt whom judgment was ame pronounced: and this he is ready to verify and prove, &c. To which aid plea the honourable Charles Yorke, equire, attorney general of our preent overeign lord the king, who for our aid lord the king in this behalf proecuteth, being now preent here in court, and having heard what the aid prioner at the bar hath now alleged, for our aid lord the king by way of reply faith, that the aid prioner now here at the bar is the ame Thomas Rogers in the aid record of attainder named, and againt whom judgment was pronounced as aforeaid; prayeth may be enquired into by the country; and the aid prioner at the bar doth the like: Therefore let a jury in this behalf immediately come here into court, by whom the truth of the matter will be the better known, and who have no affinity to the aid prioner, to try upon their oath, whether the aid prioner at the bar be the ame Thomas Rogers in the aid record of attainder named, and againt whom judgment was o pronounced as aforeaid, or not: becaue as well the aid Charles Yorke, equire, attorney general of our aid lord the king, who for our aid lord the king in this behalf proecutes, as the aid prioner at the bar, have put themelves in this behalf upon the aid jury. And immediately thereupon the aid jury come here into court; and being elected, tried, and worn to peak the truth touching and concerning the premies aforeaid, and having heard the aid record read to them, do ay upon their oath, that the aid prioner at the bar is the ame Thomas Rogers in the aid record of attainder named, and againt whom Vol. IV


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 organization of Mussulman religious bodies now existing, or which may hereafter be formed; nor with the management of the funds and real property belonging to them.

No obstacle shall be placed in the way of the relations of those bodies with their spiritual heads in matters of religion.

The local Courts of the Chéri shall continue to exercise their jurisdiction in matters purely religious.

. IX. A Turco-Hellenic Commission shall be entrusted with the settlement, within two years, of all matters concerning the property of the State, as well as of questions relating to the interests of private individuals, who may happen to be connected with them.

This Commission will have to decide on the indemnity which Greece is to pay to Turkey from the lands which shall be admitted to belong bonâ fide to the Ottoman Government, and to fix the annual revenue to be paid on them.

Those questions on which an understanding cannot be come to shall be submitted to the decision of the Mediating Powers.

. X. Greece shall bear a part of the Ottoman Public Debt proportionate to the revenues of the ceded territories. This portion shall be determined ultimately between the Sublime Porte and the Representatives of the Mediating Powers at Constantinople.

. XI. No exclusive and exceptional measure of disarmament shall be taken with regard to Mussulmans.

. XII. The Hellenic Government shall propose to the Chamber a Law for the renewal of the Convention of 1856 (1272), relating to the suppression of brigandage.

. XIII. The natives of the territories ceded to Greece, or persons actually domiciled in these provinces, who intend to retain Ottoman nationality, shall, for the space of three years from the exchange of the ratifications, and by a preliminary declaration made before a competent authority, enjoy the right of transferring their residence into the Ottoman Empire, and of establishing


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IV] begat Amminadab, and Amminadab begat Nahshon, and Nahshon begat Salmon, and Salmon begat Boaz, and Boaz begat Obed, and Obed begat Jesse, and Jesse begat David.


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E are now arrived at the fourth and lat branch of thee commentaries ; which treats of public wrongs, or crimes and midemenors. For we may remember that, in the beginning of the preceding volume, wrongs were divided into two orts or pecies ; the one private, and the other public. Private wrongs, which are frequently termed civil injuries, were the ubject of that entire book : we are now therefore, latly, to proceed to the conideration of public wrongs, or crimes and midemenors ; with the means of their prevention and punihment. In the puruit of which ubject I hall conider, in the firt place, the general nature of crimes and punihments ; econdly, the perons capable of committing crimes ; thirdly, their everal degrees of guilt, VOL. IV.


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 themselves there, in which case they shall retain their character of Ottoman subjects.

Those persons emigrating within the above-mentioned period of three years shall continue to enjoy the privilege stipulated for in the third paragraph of Article VI of the present Convention in favour of proprietors settled outside the limits of the Kingdom.

During the same period of three years Mussulmans shall not be liable to military service.

. XIV. The Commission created in virtue of Article IX of the present Convention is entrusted with the settlement, within the shortest period possible, of the questions relating to arrears of taxes due to the Ottoman Government in the ceded territories, as well as those which might arise from the collection of the taxes during the current year.

. XV. The details of the evacuation and transfer of the ceded territories are settled in a separate Act, which is, and remains, annexed to the present Convention, and will have the same force and value as if it formed part of it.

The Imperial Ottoman troops are bound to evacuate the ceded territories within the period fixed by this Act.

The Imperial Ottoman Government will, however, endeavour to shorten that period as far as possible.

. XVI. It is understood that the Mediating Powers reserve to themselves the power to appoint Technical Commissioners for the purpose of superintending the operations connected with the cession of the territories.

. XVII. A full and entire amnesty shall be granted by Turkey and Greece to all persons implicated or compromised in political events anterior to the present Convention, and relating to the question which is settled by it.

. XVIII. The Convention concluded this day between Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India; His Majesty the German Emperor, King of Prussia; His Majesty the Emperor of Austria, King of Bohemia, &c., Apostolic King of Hungary; the President of the French Republic; His Majesty the King of Italy; His Majesty


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2 as principals or acceories ; fourthly, the everal pecies of crimes, with the punihment annexed to each by the laws of England ; fifthly, the means of preventing their perpetration ; and, ixthly, the method of inflicting thoe punimments, which the law has annexed to each everal crime and midemenor.

, as to the general nature of crimes and their punihment : the dicuion and admeaurement of which forms in every country the code of criminal law ; or, as it is more uually denominated with us in England, the doctrine of the pleas of the crown : o called, becaue the king, in whom centers the majety of the whole community, is uppoed by the law to be the peron injured by every infraction of the public rights belonging to that community, and is therefore in all caes the proper proecutor for every public offence.

knowlege of this branch of juriprudence, which teaches the nature, extent, and degrees of every crime, and adjuts to it it's adequate and neceary penalty, is of the utmot importance to every individual in the tate. For (as a very great mater of the crown law has oberved upon a imilar occaion) no rank or elevation in life, no uprightnes of heart, no prudence or circumpection of conduct, hould tempt a man to conclude, that he may not at ome time or other be deeply intereted in thee reearches. The infirmities of the bet among us, the vices and ungovernable paions of others, the intability of all human affairs, and the numberles unforeeen events, which the compas of a day may bring forth, will teach us (upon a moment's reflection) that to know with preciion what the laws of our country have forbidden, and the deplorable conequences to which a wilful diobedience may expoe us, is a matter of universal concern.

proportion to the importance of the criminal law, ought alo to be the care and attention of the legilature in properly Rh


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 the Emperor of all the Russias; and His Majesty the Emperor of the Ottomans shall he immediately followed by the stipulation of a Convention, containing the same provisions, between His Majesty the Emperor of the Ottomans and His Majesty the King of the Hellenes.

. XIX. The present Convention shall be ratified and its ratifications exchanged at Constantinople within three weeks, or sooner, if possible.

In witness whereof, the respective Plenipotentiaries have signed it and have affixed thereto the seal of their arms.

Done at Constantinople, the twenty-fourth day of May, in the year one thousand eight hundred and eighty-one.

Her Majesty the Queen of the United Kingdom of Great Britain and Ireland, Empress of India; His Majesty the German Emperor, King of Prussia; His Majesty the Emperor of Austria, King of Bohemia, &c., Apostolic King of Hungary; the President of the French Republic; His Majesty the King of Italy; His Majesty the Emperor of all the Russias; and His Majesty the Emperor of the Ottomans, being desirous of settling the details and the mode of evacuation, and of the taking possession of the territories ceded to Greece in virtue of the Convention signed this day, have resolved with this view to sign a separate Act in accordance Rh


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Ch. 1. forming and enforcing it. It hould be founded upon principles that are permanent, uniform, and univeral ; and always conformable to the dictates of truth and jutice, the feelings of humanity, and the indelible rights of mankind : though it ometimes (provided there be no trangreion of thee eternal boundaries) may be modified, narrowed, or enlarged, according to the local or occasional neceities of the tate which it is meant to govern. And yet, either from a want of attention to thee principles in the firt concoction of the laws, and adopting in their tead the impetuous dictates of avarice, ambition, and revenge ; from retaining the dicordant political regulations, which ucceive conquerors or factions have etablihed, in the various revolutions of government ; from giving a lating efficacy to anctions that were intended to be temporary, and made (as lord Bacon exprees it) merely upon the pur of the occaion ; or from, latly, too hatily employing uch means as are greatly diproportionate to their end, in order to check the progres of ome very prevalent offence ; from ome, or from all, of thee caues it hath happened, that the criminal law is in every country of Europe more rude and imperfect than the civil. I hall not here enter into any minute enquiries concerning the local contitutions of other nations ; the inhumanity and mitaken policy of which have been ufficiently pointed out by ingenious writers of their own. But even with us in England, where our crown-law is with jutice uppoed to be more nearly advanced to perfection; where crimes are more accurately defined, and penalties les uncertain and arbitrary ; where all our accuations are public, and our trials in the face of the world, where torture is unknown, and every delinquent is judged by uch of his equals, againt whom he can form no exception nor even a peronal dilike ;—even here we hall occaionally find room to remark ome particulars, that eem to want reviion and amendment. Thee have chiefly arien from too crupulous an adherence to ome rules of the antient common law, when the reaons have ceaed upon which thoe rules were founded ; from not Rh


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172 the engine and the masts, everything had been cleared out and conveyed to shore, but in the event of a thaw it appeared that nothing short of a miracle could prevent the hull from being dashed to pieces, and then all means of leaving the promontory would be gone. The Hansa, of course, would share a similar fate; in fact, it had already heeled over to such an extent as to render it quite dangerous for its obstinate owner, who, at the peril of his life, resolved that he would stay where he could watch over his all-precious cargo, though continually invoking curses on the ill-fate of which he deemed himself the victim.

There was, however, a stronger will than Isaac Hakkabut's. Although no one of all the community cared at all for the safety of the Jew, they cared very much for the security of his cargo, and when Servadac found that nothing would induce the old man to abandon his present quarters voluntarily, he very soon adopted measures of coercion that were far more effectual than any representations of personal danger.

"Stop where you like, Hakkabut," said the captain to him; "but understand that I consider it my duty to make sure that your cargo is taken care of. I am going to have it carried across to land, at once."

Neither groans, nor tears, nor protestations on the part of the Jew, were of the slightest avail. Forthwith, on the 20th of December, the removal of the goods commenced.

Both Spaniards and Russians were all occupied for several days in the work of unloading the tartan. Well muffled up as they were in furs, they were able to endure the cold with impunity, making it their special care to avoid actual contact with any article of metal, which, in the low state of the temperature, would inevitably have taken all the skin off their hands, as much as if it had been red-hot. The task, however, was brought to an end without accident of any kind; and when the stores of the Hansa were safely deposited in the galleries of the Hive, Lieutenant Procope avowed that he really felt that his mind had been unburdened from a great anxiety.

Captain Servadac gave old Isaac full permission to take up his residence amongst the rest of the community, promised him the entire control over his own property, and altogether showed him so much consideration that, but for his unbounded respect for his master, Ben Zoof would have liked to reprimand him for his courtesy to a man whom he so cordially despised.

Although Hakkabut clamored most vehemently about his goods being carried off "against his will," in his heart he was more than satisfied to see his property transferred to a place of safety, and delighted, moreover, to know that the transport had been effected without a farthing of expense to himself. As soon, then, as he found the tartan empty, he was only too glad to accept the offer that had been made him, and very soon made his way over to the quarters in the gallery where his merchandise had been stored. Here he lived day and night. He supplied himself with what little food he required from his own stock of provisions, a small spirit-lamp sufficing to perform all the operations of his meager cookery. Consequently all intercourse between himself and the rest of the inhabitants was entirely confined to business transactions, when occasion required that some purchase should be made from his stock of commodities. Meanwhile, all the silver and gold of the colony was gradually finding its way to a double-locked drawer, of which the Jew most carefully guarded the key.

The 1st of January was drawing near, the anniversary of the shock which had resulted in the severance of thirty-six human beings from the society of their fellow-men. Hitherto, not one of them was missing. The unvarying calmness of the climate, notwithstanding the cold, had tended to maintain them in good health, and there seemed no reason to doubt that, when Gallia returned to the earth, the total of its little population would still be complete.

The 1st of January, it is true, was not properly "New Year's Day" in Gallia, but Captain Servadac, nevertheless, was very anxious to have it observed as a holiday.

"I do not think," he said to Count Timascheff and Lieutenant Procope, "that we ought to allow our people to lose their interest in the world to which we are all hoping to return; and how can we cement the bond that ought to unite us, better than by celebrating, in common with our fellow-creatures upon earth, a day that awakens afresh the kindliest sentiments of all? Besides," he added, smiling, "I expect that Gallia, although invisible just at present to the naked eye, is being closely watched by the telescopes of our terrestrial friends, and I have no doubt that the newspapers and scientific journals of both hemispheres are full of accounts detailing the movements of the new comet."

"True," asserted the count. "I can quite imagine that we are occasioning no small excitement in all the chief observatories."

"Ay, more than that," said the lieutenant; "our Gallia is certain to be far more than a mere object of scientific interest or curiosity. Why should we doubt that the elements of a comet which has once come into collision with the earth have by this time been accurately calculated? What our friend the professor has done here, has been done likewise on the earth, where, beyond a question, all manner of expedients are being discussed as to the best way of mitigating the violence of a concussion that must occur."

The lieutenant's conjectures were so reasonable that they commanded assent. Gallia could scarcely be otherwise than an object of terror to the inhabitants of the earth, who could by no means be certain that a second collision would be comparatively so harmless as the first. Even to the Gallians themselves, much as they looked forward to the event, the prospect was not unmixed with alarm, and they would rejoice in the invention of any device by which it was likely the impetus of the shock might be deadened.

Christmas arrived, and was marked by apropriateappropriate [sic] religious observance by everyone in the community, with the exception of the Jew, who made a point of secluding himself more obstinately than ever in the gloomy recesses of his retreat.

To Ben Zoof the last week of the year was full of bustle. The arrangements for the New Year fête were entrusted to him, and he was anxious, in spite of the resources of Gallia being so limited, to make the program for the great day as attractive as possible.


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4 uch of the old penal laws as are either obolete or aburd ; and from too little care and attention in framing and paing new ones. The enacting of penalties, to which a whole nation hall be ubject, ought not to be left as a matter of indifference to the paions or interets of a few, who upon temporary motives may prefer or upport uch a bill ; but be calmly and maturely conidered by perons, who know what proviion the laws has already made to remedy the michief complained of, who can from experience foreee the probable conequences of thoe which are now propoed, and who will judge without paion or prejudice how adequate they are to the evil. It is never uual in the houe of peers even to read a private bill, which may affect the property of an individual, without firt referring it to ome of the learned judges, and hearing their report thereon. And urely equal precaution is neceary, when laws are to be etablihed, which may affect the property, the liberty, and perhaps even the lives, of thouands. Had uch a reference taken place, it is impoible that in the eighteenth century it could ever have been made a capital crime, to break down (however maliciouly) the mound of a fihpond, whereby any fih hall ecape ; or to cut down a cherry tree in an orchard. Were even a committee appointed but once in an hundred years to revie the criminal law, it could not have continued to this hour a felony without benefit of clergy, to be een for one month in the company of perons who call themelves, or are called, Egyptians.

is true, that thee outrageous penalties, being eldom or never inflicted, are hardly known to be law by the public : but that rather aggravates the michief, by laying a nare for the unwary. Yet they cannot but occur to the obervation of any one, who hath undertaken the tak of examining the great outlines of the Englih law, and tracing them up to their principles : and it is the duty of uch a one to hint them with Rh


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 with the terms of Article XV of the said Convention, and have to this effect appointed:—

Who, furnished with the necessary powers, have agreed to the following Articles:—

. I. The territories to be ceded to Greece are divided into six sections, in accordance with the indications marked upon the annexed map.

. II. The evacuation of one of these sections shall take place within three weeks from the date fixed for the exchange of the ratifications of the Convention signed this day.

Four other sections shall be completely evacuated within three months from the same date.

The sixth section, which comprises Volo, and constitutes the only means of exit by which the Ottoman Government can remove its war material, shall be evacuated during the two following months, that is to say, within the whole period of five months from the date fixed for the exchange of the ratifications of the Convention.

It is understood that these various periods shall be abridged if possible.

The Ottoman authorities will draw up an inventory of that portion of the war material which cannot be removed during the said period of five months.

. III. The Mediating Powers will name Military Delegates, who will constitute a Commission, destined to act as intermediary, for the evacuation by the Ottoman authorities, and the taking over by the Hellenic authorities of the ceded territories.

''This Commission will exercise a general supervision over the evacuation and occupation of the ceded territories. It will intervene for the purpose of establishing an agreement between the Commanders on both sides, both as regards the military movements on either side, the fixing the distance which must always divide the troops of the two Powers, and the period which must elapse between the evacuation and the taking over of the different points to be ceded''.


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. IV. It will be the duty of the Ottoman and Greek authorities to afford aid and protection to this Commission during the accomplishment of its mission.

. V. The present Act forms an integral part of the Convention signed this day at Constantinople, and will have the same force and value. In witness whereof the respective Plenipotentiaries have signed it, and have affixed thereto the seal of their arms.

Done at Constantinople, the twenty-fourth day of the month of May, one thousand eight hundred and eighty-one.


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Rh It was a matter of debate that night whether the professor should be invited to join the party; it was scarcely likely that he would care to come, but, on the whole, it was felt to be advisable to ask him. At first Captain Servadac thought of going in person with the invitation; but, remembering Rosette's dislike to visitors, he altered his mind, and sent young Pablo up to the observatory with a formal note, requesting the pleasure of Professor Rosette's company at the New Year's fête.

Pablo was soon back, bringing no answer except that the professor had told him that "to-day was the 125th of June, and that to-morrow would be the 1st of July."

Consequently, Servadac and the count took it for granted that Palmyrin Rosette declined their invitation.

An hour after sunrise on New Year's Day, Frenchmen, Russians, Spaniards, and little Nina, as the representative of Italy, sat down to a feast such as never before had been seen in Gallia. Ben Zoof and the Russian cook had quite surpassed themselves. The wines, part of the Dobryna's stores, were of excellent quality. Those of the vintages of France and Spain were drunk in toasting their respective countries, and even Russia was honored in a similar way by means of a few bottles of kuemmel. The company was more than contented—it was as jovial as Ben Zoof could desire; and the ringing cheers that followed the great toast of the day—"A happy return to our Mother Earth," must fairly have startled the professor in the silence of his observatory.

The déjeuner over, there still remained three hours of daylight. The sun was approaching the zenith, but so dim and enfeebled were his days that they were very unlike what had produced the wines of Bordeaux and Burgundy which they had just been enjoying, and it was necessary for all, before starting upon an excursion that would last over nightfall, to envelop themselves in the thickest of clothing.

Full of spirits, the party left the Hive, and chattering and singing as they went, made their way down to the frozen shore, where they fastened on their skates. Once upon the ice, everyone followed his own fancy, and some singly, some in groups, scattered themselves in all directions. Captain Servadac, the count, and the lieutenant were generally seen together. Negrete and the Spaniards, now masters of their novel exercise, wandered fleetly and gracefully hither and thither, occasionally being out of sight completely. The Russian sailors, following a northern custom, skated in file, maintaining their rank by means of a long pole passed under their right arms, and in this way they described a trackway of singular regularity. The two children, blithe as birds, flitted about, now singly, now arm-in-arm, now joining the captain's party, now making a short peregrination by themselves, but always full of life and spirit. As for Ben Zoof, he was here, there, and everywhere, his imperturbable good temper ensuring him a smile of welcome whenever he appeared.

Thus coursing rapidly over the icy plain, the whole party had soon exceeded the line that made the horizon from the shore. First, the rocks of the coast were lost to view; then the white crests of the cliffs were no longer to be seen; and at last, the summit of the volcano, with its corona of vapor, was entirely out of sight. Occasionally the skaters were obliged to stop to recover their breath, but, fearful of frost-bite, they almost instantly resumed their exercise, and proceeded nearly as far as Gourbi Island before they thought about retracing their course.

But night was coming on, and the sun was already sinking in the east with the rapidity to which the residents on Gallia were by this time well accustomed. The sunset upon this contracted horizon was very remarkable. There was not a cloud nor a vapor to catch the tints of the declining beams; the surface of the ice did not, as a liquid sea would, reflect the last green ray of light; but the radiant orb, enlarged by the effect of refraction, its circumference sharply defined against the sky, sank abruptly, as though a trap had been opened in the ice for its reception.

Before the daylight ended, Captain Servadac had cautioned the party to collect themselves betimes into one group. "Unless you are sure of your whereabouts before dark," he said, "you will not find it after. We have come out like a party of skirmishers; let us go back in full force."

The night would be dark; their moon was in conjunction, and would not be seen; the stars would only give something of that "pale radiance" which the poet Corneille has described.

Immediately after sunset the torches were lighted, and the long series of flames, fanned by the rapid motion of their bearers, had much the appearance of an enormous fiery banner. An hour later, the volcano appeared like a dim shadow on the horizon, the light from the crater shedding a lurid glare upon the surrounding gloom. In time the glow of the burning lava, reflected in the icy mirror, fell upon the troop of skaters, and cast their lengthened shadows grotesquely on the surface of the frozen sea.

Later still, half an hour or more afterwards, the torches were all but dying out. The shore was close at hand. All at once, Ben Zoof uttered a startled cry, and pointed with bewildered excitement towards the mountain. Involuntarily, one and all, they plowed their heels into the ice and came to a halt. Exclamations of surprise and horror burst from every lip. The volcano was extinguished! The stream of burning lava had suddenly ceased to flow!

Speechless with amazement, they stood still for some moments. There was not one of them that did not realize, more or less, how critical was their position. The sole source of the heat that had enabled them to brave the rigor of the cold had failed them! death, in the cruellest of all shapes, seemed staring them in the face—death from cold!

Meanwhile, the last torch had flickered out.

It was quite dark.

"Forward!" cried Servadac, firmly.

At the word of command they advanced to the shore; clambered with no little difficulty up the slippery rocks; gained the mouth of the gallery; groped their way into the common hall.

How dreary! how chill it seemed!

Th fiery cataract no longer spread its glowing covering over the mouth of the grotto. Lieutenant Procope leaned through the aperture. The pool, hitherto kept fluid by its proximity to the lava, was already encrusted with a layer of ice.


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174 Such was the end of the New Year's Day so happily begun.

HE whole night was spent in speculating, with gloomy forebodings, upon the chances of the future. The temperature of the hall, now entirely exposed to the outer air, was rapidly falling, and would quickly become unendurable. Far too intense was the cold to allow anyone to remain at the opening, and the moisture on the walls soon resolved itself into icicles. But the mountain was like the body of a dying man, that retains awhile a certain amount of heat at the heart after the extremities have become cold and dead. In the more interior galleries there was still a certain degree of warmth, and thither Servadac and his companions were glad enough to retreat.

Here they found the professor, who, startled by the sudden cold, had been fain to make a precipitate retreat from his observatory. Now would have been the opportunity to demand of the enthusiast whether he would like to prolong his residence indefinitely upon his little comet. It is very likely that he would have declared himself ready to put up with any amount of discomfort to he able to gratify his love of investigation; but all were far too disheartened and distressed to care to banter him upon the subject on which he was so sensitive.

Next morning, Servadac thus addressed his people. "My friends, except from cold, we have nothing to fear. Our provisions are ample—more than enough for the remaining period of our sojourn in this lone world of ours; our preserved meat is already cooked; we shall be able to dispense with all fuel for cooking purposes. All that we require is warmth—warmth for ourselves: let us secure that, and all may be well. Now, I do not entertain a doubt, but that the warmth we require is resident in the bowels of this mountain on which we are living; to the depth of those bowels we must penetrate; there we shall obtain the warmth which is indispensable to our very existence."

His tone, quite as much as his words, restored confidence to many of his people, who were already yielding to a feeling of despair. The count and the lieutenant fervently, but silently, grasped his hand. "Nina," said the captain, "you will not be afraid to go down to the lower depths of the mountain, will you?"

"Not if Pablo goes," replied the child.

"Oh yes, of course, Pablo will go. You are not afraid to go, are you Pablo?" he said, addressing the boy.

"Anywhere with you, your Excellency," was the boy's prompt reply.

And certain it was that no time must be lost in penetrating below the heart of the volcano; already the most protected of the many ramifications of Nina's Hive were being pervaded by a cold that was insufferable. It was an acknowledged impossibility, to get access to the crater by the exterior declivities of the mountain-side; they were far too steep and too slippery to afford a foothold. It must of necessity be entered from the interior.

Lieutenant Procope accordingly undertook the task of exploring all the galleries, and was soon able to report that he had discovered one which he had every reason to believe abutted upon the central funnel. His reason for coming to this conclusion was that the caloric emitted by the rising vapors of the hot lava seemed to be oozing, as it were, out of the tellurium, which had been demonstrated already to be a conductor of heat. Only succeed in piercing through this rock for seven or eight yards, and the lieutenant did not doubt that his way would be opened into the old lava-course, by following which he hoped descent would be easy.

Under the lieutenant's direction the Russian sailors were immediately set to work. Their former experience had convinced them that spades and pickaxes were of no avail, and their sole resource was to proceed by blasting with gun-powder. However skillfullyskilfully [sic] the operation might be carried on, it must necessarily occupy several days, and during that time the sufferings from cold must be very severe.

"If we fail in our object, and cannot get to the depths of the mountain, our little colony is doomed," said Count Timascheff.

"That speech is not like yourself," answered Servadac, smiling. "What has become of the faith which has hitherto carried you so bravely through all our difficulties?"

The count shook his head, as if in despair, and said, sadly, "The Hand that has hitherto been outstretched to help seems now to be withdrawn."

"But only to test our powers of endurance," rejoined the captain, earnestly. "Courage, my friend, courage! Something tells me that this cessation of the eruption is only partial; the internal fire is not all extinct. All is not over yet. It is too soon to give up; never despair!"

Lieutenant Procope quite concurred with the captain. Many causes, he knew, besides the interruption of the influence of the oxygen upon the mineral substances in Gallia's interior, might account for the stoppage of the lava-flow in this one particular spot, and he considered it more than probable that a fresh outlet had been opened in some other part of the surface, and that the eruptive matter had been diverted into the new channel. But at present his business was to prosecute his labors so that a retreat might be immediately effected from their now untenable position.

Restless and agitated. Professor Rosette, if he took any interest in these discussions, certainly took no share in them. He had brought his telescope down from the observatory into the common hall, and there at frequent intervals, by night and by day, he would endeavor to continue his observations; but the intense cold perpetually compelled him to desist, or he would literally have been frozen to death. No sooner, however, did he find himself obliged to retreat from his study of the heavens, than he would begin overwhelming everybody about him with bitter complaints, pouring out his regrets that he had ever quitted his quarters at Formentera.

On the 4th of January, by persevering industry, the process of boring was completed, and the lieutenant could hear that fragments of the blasted rock, as the sailors cleared them away with their spades, were rolling into the funnel of the crater. He noticed, too, that they did not fall perpendicularly, but seemed to slide along, from which he inferred that the sides of the crater were sloping; he


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Rh that bare the ark were come unto Jordan, and the feet of the priests that bare the ark were dipped in the brim of the water, (for Jordan overfloweth all his banks all the time of harvest,) that the waters which came down from above stood and rose up upon an heap very far from the city Adam, that is beside Zaretan: and those that came down toward the sea of the plain, even the salt sea, failed, and were cut off: and the people passed over right against Jericho. And the priests that bare the ark of the covenant of the Lord stood firm on dry ground in the midst of Jordan, and all the Israelites passed over on dry ground, until all the people were passed clean over Jordan.

it came to pass, when all the people were clean passed over Jordan, that the Lord spake unto Joshua, saying, Take you twelve men out of the people, out of every tribe a man, and command ye them, saying, Take you hence out of the midst of Jordan, out of the place where the priests' feet stood firm, twelve stones, and ye shall carry them over with you, and leave them, in the lodging place, where ye shall lodge this night. Then Joshua called the twelve men, whom he had prepared of the children of Israel, out of every tribe a man: and Joshua said unto them, Pass over before the ark of the Lord your God into the midst of Jordan, and take you up every man of you a stone upon his


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IV], according unto the number of the tribes of the children of Israel: that this may be a sign among you, that when your children ask their fathers in time to come, saying, What mean ye by these stones? then ye shall answer them, That the waters of Jordan were cut off before the ark of the covenant of the Lord; when it passed over Jordan, the waters of Jordan were cut off: and these stones shall be for a memorial unto the children of Israel for ever. And the children of Israel did so as Joshua commanded, and took up twelve stones out of the midst of Jordan, as the Lord spake unto Joshua, according to the number of the tribes of the children of Israel, and carried them over with them unto the place where they lodged, and laid them down there. And Joshua set up twelve stones in the midst of Jordan, in the place where the feet of the priests which bare the ark of the covenant stood: and they are there unto this day.

For the priests which bare the ark stood in the midst of Jordan, until every thing was finished that the Lord commanded Joshua to speak unto the people, according to all that Moses commanded Joshua: and the people hasted and passed over. And it came to pass, when all the people were clean passed over, that the ark of the Lord passed over, and the priests, in the presence of the people. And the children of Reuben, and the


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Rh of Gad, and half the tribe of Manasseh, passed over armed before the children of Israel, as Moses spake unto them: about forty thousand prepared for war passed over before the Lord unto battle, to the plains of Jericho.

On that day the Lord magnified Joshua in the sight of all Israel; and they feared him, as they feared Moses, all the days of his life. And the Lord spake unto Joshua, saying, Command the priests that bear the ark of the testimony, that they come up out of Jordan. Joshua therefore commanded the priests, saying, Come ye up out of Jordan. And it came to pass, when the priests that bare the ark of the covenant of the Lord were come up out of the midst of Jordan, and the soles of the priests' feet were lifted up unto the dry land, that the waters of Jordan returned unto their place, and flowed over all his banks, as they did before.

And the people came up out of Jordan on the tenth day of the first month, and encamped in Gilgal, in the east border of Jericho. And those twelve stones, which they took out of Jordan, did Joshua pitch in Gilgal. And he spake unto the children of Israel, saying, When your children shall ask their fathers in time to come, saying. What mean these stones? then ye shall let your children know, saying, Israel came over this Jordan on dry land. For the Lord your God dried up


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v] the waters of Jordan from before you, until ye were passed over, as the Lord your God did to the Red sea, which he dried up from before us, until we were gone over: that all the people of the earth might know the hand of the Lord, that it is mighty: that ye might fear the Lord your God for ever.

it came to pass, when all the kings of the Amorites, which were on the side of Jordan westward, and all the kings of the Canaanites, which were by the sea, heard that the Lord had dried up the waters of Jordan from before the children of Israel, until we were passed over, that their heart melted, neither was there spirit in them any more, because of the children of Israel.

At that time the Lord said unto Joshua, Make thee sharp knives, and circumcise again the children of Israel the second time. And Joshua made him sharp knives, and circumcised the children of Israel at the hill of the foreskins. And this is the cause why Joshua did circumcise: All the people that came out of Egypt, that were males, even all the men of war, died in the wilderness by the way, after they came out of Egypt. Now all the people that came out were circumcised: but all the people that were born in the wilderness by the way as they came forth out of Egypt, them they had not circumcised. For the children of Israel walked forty years in the wilderness, till all the people that


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Rh about twenty-five years of age, of olive complexion, classic features, six feet three inches in height, and slim and straight as a young palm tree. I never saw a finer rider—all these men ride like Centaurs—or a handsomer man. His belt buckle was of finely wrought silver, and his pistol holster and pistol, marvels of rich ornamentation in the same metal.

At Tecolapa, twelve miles from La Calera, we saw long rows of Indian women going to the well with water-jars poised on their shoulders, exactly as has been done in Palestine from the days of Jacob and Rebecca to our own day.

It is thirty-six miles from La Calera to Colima. The Government is spending a large sum in grading a wagon-road over the mountains from Colima to the sea, and the thirty miles nearest Colima are finished. But the storm had torn it up fearfully, and in many places it was almost impassable. Rain came on, and when the moon went down behind the mountains, the darkness added to the difficulty of the trip, and we went on at a snail's pace. We changed teams three times in the thirty-six miles, but it was 2 o'clock in the morning before we emerged from the long "Via de Colima" upon the well-paved streets of that fine old city, and our coach, with a rattle and uproar which awakened all the sleeping watch-men, rolled up to the door of the truly palatial mansion of Señor Huarte.


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Rh counterpane and gilt canopy, and from that to the walls, painted in pale blue, and frescoed, and the cream-colored ceiling, with cross-beams of a soft, chocolate color, and then went to the iron-latticed window and looked down on a neatly-paved court, around which the house was built, and the great staircase with its wealth of brilliant-hued tropical flowers and climbing delicate-foliaged plants, and its Moorish dome painted in fresco. Where was I? Opening the door of my bedroom, I looked into the grand saloon, about sixty or seventy feet square, with its walls and ceiling painted like those just described, its glazed tile floor, double rows of Moorish arches and pillars supporting the roof, and chandeliers suspended with iron chains from the ceiling, and the long table with its crimson damask covering, and at last the truth of the situation flashed upon me. I was not in the Alhambra at Grenada, in 1469—I might have been, for everything was as thoroughly Moorish—but in Colima, in October, 1869.

"Is it a revolution?" I asked of the obsequious servant in white, who came at once to attend upon me. "Oh no, Señor; only the troops changing guard at the State Prison on the Plaza!"

Going out on the balcony, I looked across the way, and saw the band in front of the prison and the white-clad soldiers—all of Indian blood—with red plumes in their hats, and Springfield muskets of the year 1862 in their hands, going through the form of guard mounting. I saw those muskets in San Francisco, during the late war with France, if I mistake not. The ruinous old cathedral, dating far back into the 1600 and something, adjoins the prison, and all around the Plaza runs a row of shops, for the most part but one story high. All


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