Chapter 8

Nuts to Crack: or Quips, Quirks, Anecdote and Facete of Oxford and Cambridge scholars. By the author of Facetiæ Cantabrigienses, etc. etc. etc. Philadelphia: E. L. Carey & A. Hart.

Although this little volume is obviously intended for no other eyes than those of the 'Oxford and Cambridge scholar,' and although it is absolutely impossible for any American to enter fully into the spirit of its most inestimable quizzes, oddities and eccentricities, still we have no intention of quarrelling with Carey & Hart, for republishing the work on this side of the Atlantic. Never was there a better thing for whiling away a few loose or unappropriated half hours—that is to say in the hands of a reader who is, even in a moderate degree, imbued with a love of classical whimsicalities. We can assure our friends—all of them who expect to find in these excellent 'Nuts to Crack' a mererifacimentoof stale jests—that there are not more than two or three anecdotes in the book positively entitled to the appellation of antique. Some things, however, have surprised us. In the first place what is the meaning ofAnecdoteandFacete?In the second what are we to think of such blunders, as "one of honest Vere's classicaljeu d'esprit," (thejeu d'espritprinted too in Long Primer Capitals) in a volume professing to beAnecdoteandFacete(oh!—too bad) of Oxford and Cambridgescholars?And thirdly is it possible that he who wrote theFacetiæ Cantabrigiensesis not aware that the "cutting retort attributed to the celebrated Lord Chesterfield, when a student of Trinity Hall, Cambridge" may be found among the Facetiæ of Hierocles—not to mention innumerable editions of Joe Miller?

We have already said enough of theNuts to Crack, but cannot, for our lives, refrain from selecting one of its good things for the benefit of our own especial readers.

The learned Chancery Barrister, John Bell, K. C., "the Great Bell of Lincoln," as he has been aptly called, was Senior Wrangler, on graduating B.A., at Trinity College, Cambridge, in 1786, with many able competitors for that honor. He is likewise celebrated, as every one knows, for writing three several hands; one only he himself can read, another nobody but his clerk can read, and a third neither himself, clerk, nor any body else can read. It was in the latter hand, he one day wrote to his legal contemporary and friend, the present Sir Launcelot Shadwell, inviting him to dinner. Sir Launcelot, finding all his attempts to decypher the note about as vain, as the wise men found theirs to unravel the cabalistic characters of yore, took a sheet of paper, and having smeared it over with ink, folded and sealed it, and sent it as his answer. The receipt of it staggered even the Great Bell of Lincoln, and after breaking the seal, and eyeing it, and turning it round and round, he hurried to Mr. Shadwell's chambers with it, declaring he could make nothing of it. "Nor I of your note," retorted Mr. S. "My dear fellow" exclaimed Mr. B. taking his own letter in his hand, "is not this as plain as can be,—Dear Shadwell, I shall be glad to see you at dinner to day?" "And is not this equally as plain," said Mr. S. pointing to his own paper, "My dear Bell, I shall be happy to come and dine with you?"

The Practice in Courts of Law and Equity in Virginia. By Conway Robinson. Vol. II, containing Practice in suits in Equity, pp. 648. Richmond: Printed by Samuel Shepherd. 1835.

The first volume of this work came out about three years ago; and received so earnest a welcome from the legal profession, that the author's tardiness in producing the second might be matter of wonder, were not his devoted attention to an unusually large practice well known. The present is destined, because it deserves, to be a much greater favorite with the law-book-reading public, than the former volume was. The arrangement is after a better classification of subjects; rendering it easier to find the doctrine desired, on any given point: and there is a larger proportion of valuable matter—matter not to be found in the Revised Code, or in Tate's Digest. Indeed there are few works, more copiously filled with useful, andnot-too-obviouslearning. Industry and research are the author's manifest characteristics. He is a realbrownie—if not for supernatural speed of workmanship, at least in the world of trouble he will save his brethren. Here, within 442 pages (for the other 206 of this tome—horresco referens—areindex,) he has compressed matter, and inestimable matter too, for which the practitioner would otherwise have to hunt through, not only the thirty volumes of Virginia Reports (counting Chancellor Wythe's) but the numberless ones of New York, Massachusetts, the Federal Courts, and England.

In hisabstracts of cases, the author is, in the main, particularly successful. Not only does he give them with a clearness, (the result of brevity, effected by discarding non-essentials) which we would gladly see judges and reporters emulate,—but he sometimes gathers from them doctrines, which the reporter has overlooked, and which a cursory reader would therefore be little apt to discover. For example, in pp. 20, 21, he states these two points, as decided in the case ofBlowv.Maynard, 2 Leigh, 21: 1st, That a fraudulent donee of personalty is accountable for it and its increase, and also for hires, and profits, accruing since the donor's death, as executorde son tort;just as a rightful executor would be, who had taken possession at the donor's death: and 2d, That aprivyto the fraud, who shared with the donee the profits of the property fraudulently conveyed, is accountable jointly with the donee. Now the reporter in his marginal summary of the case, does not mention these as among the points decided; though in the decree of the court (2 Leigh, p. 67,) they manifestly appear. Again—in the case ofTodv.Baylor, (as now reported in 4 Leigh, 498,) it is not said, at all, thatonly two of the judges concurredin the third point there stated as adjudged. But our author tells us so, (p. 10,) and we are thus enabled to estimate the authority at its true value—aspersuasiveonly,—notobligatory, in other cases.

The mechanical execution of the book does infinite credit to the printer. The typography is unsurpassed; and the paper is white, pure, and firm, so as to receive notes of the pen without blotting—a great merit in law books.

If it were only to shew that we are free of our craft as critics, we must find some fault with this work: premising, thatmeritis itsstaple;and that, if more of the criticism be occupied with its faults, it is chiefly because they are somewhat hard to detect, amidst the pile of excellences. The chaff, this time, is hidden by the wheat.

There isnot enough compressionin some parts. In this volume, it is true, not a tithe of the statute law is quoted, that over-burthens the former one: but when he does cite a statute, the author still gives it to us in all the exuberance of legislative verbosity. Thus, he fills the third part of a page with the law oflapsing legacies;(p. 91) when, considering that only thesubstancewas essential—especially as every owner of the book may be supposed to have the Code also—it might more clearly, and as satisfactorily, have been couched in five lines, as follows: "When a legatee or devisee, descended from the testator, dies before him, leaving any descendant who survives him; the legacy or devise shall vest in such surviving descendant, as if the legatee or devisee had survived the testator, and then died unmarried and intestate." And he takesthree quarters of a page(copied from the Revised Code) to say that "a surety may in writing notify the creditor to sue upon the bond, bill, or note, which binds the surety; and unless the creditor sue in reasonable time, and proceed with due diligence to recover the sum due, the surety shall be exonerated." (pp. 132, 133.) In the name of all that is reasonable, why should not a writer disencumber his pages of the rubbish ofhowbeit,provided,nevertheless,notwithstanding, andaforesaid, when, by doing so, he might save himself and his readers so much time and toil?

Some quarrel, too, we have, with thejudiciallaw, which principally fills the book. It is toomere a digest of cases. A head in the Table of Contents refers us to a page, where we expect to find a full elementary exposition of at least the leading doctrines that fall under that head: but we see perhaps only a singlecase, or a judge'sdictum, not at all realizing the promise of the reference, by unfolding all pertinent general principles. Thus, under the caption, "WHEN A STATEMENT OF A TRANSACTION MUST BE TAKEN ALTOGETHER," instead of finding a general rule laid down on the point indicated, we find only a case briefly stated, from which we are left to deduce a rule,if we can. (pp. 329, 330.) Under the very next head, the well established principle, that 'an Answer is no evidence for the defendant, as to any thing it affirms, not responsive to the allegations of the Bill, but that itisevidence, so far as it responds to those allegations'—is whittled away to the position, that it is not evidence as to any affirmative matter, touching which the Billseeks no discovery. Now, if the Bill positively alleges one thing (whether it calls for adiscoveryor not,) and the answer as positively alleges the reverse; such denial stands for proof, and must be rebutted by testimony: and so, we conceive, do the cases clearly evince, which are cited by our author himself;Beckwithv.Butler,Paynesv.Coles(see 1 Munf. 379, 389, 397,) and evenTaylorv.Moore, whence he quotes (and quotes truly) in the form of a judge'sdictum, the position in question—not to speak of 1 Call, 224, 390; thedictaof Roane and Carrington in the case ofRowtonv.Rowton, 1 Hen. and Munf.; and many other authorities. The principle, in its true extent, is well illustrated by the case cited from1 Johnson's Reports, 580, where an Answer alleging usury, of which the Bill had said nothing, was heldno evidence. The case from 2 Leigh, 29, is infelicitously adduced. Thepointprofessedly quoted from it was not there adjudged: it was only maintained byone judge, who (we say it with a deference heightened by affection, as well as by respect) seems to us to have therein gainsayed the well settled doctrine we have referred to, and therefore to haveerred. The Answer, there, (see 2 Leigh, 35, 36) was responsive to the Bill, and must have prevailed against it, but for the numerous and weighty countervailing circumstances detailed by that judge himself. (pp. 49 to 53.) Thedeedin controversy was stamped with more badges of fraud than are enumerated in the celebratedTwyne's Case. These, doubtless, and not any doubt as to the legal effect of the Answer, satisfied the minds of the other judges, who merely agreed in pronouncing the deed fraudulent, without assigning reasons.

Some omissions in so comprehensive a work, were to be expected—indeed were unavoidable. Not in the spirit of censure, therefore, but merely to awaken the author's attention in his next edition, or in his next production, we remark, that he has overlooked an important decision; (in 2 Leigh, 370,) 'that a tenant, whose goods are wrongfully distrained, cannot obtain relief in equity, unless he shew good reason for not having brought his action of replevin.'

Divers other topics we were minded to discuss with our intelligent author: but on glancing over our two last paragraphs, we are struck with fear lest our unprofessional readers may have been already offended at the strongsmell of the shop, discernible in what we have produced; and stop their ears against the technical dissonance of

But we cannot let theIndexpass unreproved. Its length—the length of itsindicatingsentences—and the utter absence of anysub-alphabeticalarrangement—in a great degree frustrate its use as an index. We can find what we want nearly as well by the 'Contents.'

After all our censures, however—or cavils, if the author pleases—there remains to him so large a residue of solid desert, that he cannot miss the small deduction we have made. His book is one which we would advise every lawyer, in Virginia at least, to buy; and even those in other states—the Western, especially, whose Chancery systems most resemble ours—can hardly find one that will aid them so much in disentangling the intricacies of Chancery Practice. Never have we paid the price of a commodity more ungrudgingly.

A Memoir of the Reverend John H. Rice, D.D. First Professor of Christian Theology in Union Theological Seminary, Virginia. By William Maxwell. Philadelphia: Published by J. Whetham.

This Memoir will be received and read with pleasure generally: and among those who have been so fortunate as to have seen and heard Dr. Rice, it will be perused with the deepest interest and gratification. We believe there are very many, in Virginia especially, who will be able to identify the letters of this divine, contained in the present volume, with the voice, the manner, and personal appearance of the man himself—and upon all such Mr. Maxwell has conferred an obligation of no common kind. The greater portion of the work consists of these letters, and they are valuable in every respect. Many of them are, as Mr. M. himself expresses it, entirelynarrative, and give the most authentic and minute accounts of the various movements of the writer at different periods of his life, particularly after his removal to Richmond, and during his labors in establishing the Union Theological Seminary. Others again arepastoral, and addressed to different members of his Church. Some are merely ordinary letters of friendship. All, however, are full of thought, and give evidence of an elevated, a healthy, cheerful, powerful, and well regulated mind.

In availing himself of the assistance afforded by these letters, Mr. Maxwell has never anticipated their contents—thus avoiding much useless repetition, and suffering the subject of the Memoir to tell, in a great measure, his own story in his own words. The work is well—indeed even beautifullygotten up—is embellished with an admirably finished head of Mr. Rice, engraved by J. Sartain, from a painting by W. J. Hubard—and is, in every respect, an acceptable and valuable publication. Among the letters in the volume is one from John Randolph of Roanoke, and several from Wm. Wirt. We select one of these latter, being well assured that it will be read with that deep interest which is attached to every thing emanating from the same pen.

TO THE REV. JOHN H. RICE.

TO THE REV. JOHN H. RICE.

Washington, February 1, 1822.

MYDEARSIR,—Your letter of the 31st ult. is just received at 5 P.M. for I have just returned from the President's. I feel the blush of genuine shame at the apparent presumption of adding my name in favor of the magazine to that of the eminent gentlemen at Princeton. This is real and unaffected—but you desire it—and I dare follow your beck in any direction. Would that I could in one still more important.

Holingshead's History of Duncan of Scotland, is under copy by my Elizabeth (my daughter, once your pet) for the purpose of showing the full basis of Shakspeare's Macbeth. I think you will be pleased with it—and the readers of Shakspeare must differ much from me, if they do not find it very interesting.

If you suppose from what I said of nine o'clock that that is my hour of going to bed onweek-day nights, you are mistaken by several hours. For some time past, I have been obliged to be in my office before breakfast, and till nine or ten o'clock at night, when I have to come home, take my tea, talk over family affairs, and get to bed between eleven and twelve; but it is killing me also. And as death would be most extremely inconvenient to me in more respects than one, at this time, I shall quit that course of operations, and look a little to my health, if I can survive the approaching Supreme Court—sed quære de hoc.

My troubles not being already enough, in the estimation of the honorable body now assembled in the Capitol, they are beginning to institute inquiries, for my better amusement, into the circumstances of three fees paid me by the government, in the course of the four years that I have been here, for professional services foreign to my official duties—a thing which has been continually done at all times, under this government, but which they affect to think a new affair entirely, and only an additional proof among ten thousand others of the waste of public money, by the rapacity, if not peculation, of those in office. I am sick of public life; my skin is too thin for the business; a politician should have the hide of a rhinoceros, to bear the thrusts of the folly, ignorance, and meanness of those who are disposed to mount into momentary consequence by questioningtheir betters, if I may be excused the expression after professing my modesty. "There's nought but care on every hand;" all, all is vanity and vexation of spirit, save religion, friendship, and literature.

I agree that your story of theOystermanis the best, but Isuspect that the Orange story is the true original. I knew old Bletcher:hewas aBaptistpreacher; and although I did not hear the words, they are so much in his character that I verily believe them to have been uttered by him; and it would have been quite in his character too to have gone on with the amplification you suggest.

I do sincerely wish it were in my power to mount the aforesaid gay streamer, and long Tom, on your gallant little barque. I will try in the spring and summer to contribute a stripe or two, and a blank cartridge or so; but I shall not tell you when I do, that it is I, for it is proper you should have it in your power to say truly, "I do not know who it is." I have already got credit for much that I never wrote, and much that I never said. The guessers have an uncommon propensity to attribute all galling personalities to me, all sketches of character that touch the quick, and make some readers wince. I have, in truth, in times gone by, been a little wanton and imprudent in this particular, and I deserve to smart a little in my turn. But I never wrote a line wickedly or maliciously. There is nothing in the Spy that deserves this imputation, and nothing in the Old Bachelor, which, give me leave to tell you, "venia deter verbo," you and your magazine, and your writer, ** have underrated. There is a juster criticism of it in the Analectic Magazine—but this writer, too, has not true taste nor sensibility. He accuses me of extravagance only because he never felt himself, the rapture of inspiration. And you accuse me of redundant figure, because you are not much troubled yourself with the throes of imagination—just as G— H— abuses eloquence because there is no chord in his heart that responds to its notes. So take that. And if you abuse me any more, I will belabor your magazine as one of the heaviest, dullest, most drab-colored periodicals extant in these degenerate days. What! shall a Conestoga wagon-horse find fault with a courser of the sun, because he sometimes runs away with the chariot of day, and sets the world on fire? So take that again, and put it in your pocket. But enough of thisbadinage, for if I pursue it much farther you will think me serious—besides it is verging to eleven, and the fire has gone down. I began this scrawl a little after five—walked for health till dark—came in and found company who remained till near ten—and could not go to bed without a little more talk with you. But I shall tire you and catch cold—so with our united love to Mrs. Rice, my dear Harriet, and yourself, good night.

Your friend, in truth,WM. WIRT.

Oration on the Life and Character of the Rev. Joseph Caldwell, D.D. late President of the University of North Carolina, by Walker Anderson, A.M.

It was only within the last few days that we met with the above oration, in a pamphlet form—and we cannot refrain from expressing the very great pleasure its perusal has afforded us. Dr. Caldwell was unquestionably a great and good man—and certain are we that the task of paying tribute to his manifold qualifications and virtues, now that he is gone, could not have been committed to abler hands, than those of Professor Anderson. The tone of feeling pervading the oration is quite characteristic of its author—ardent—affectionate—consistent.

"We come," says he, near the beginning, "we come as a band of brothers, to do homage to that parental love, of which all of us, the old as well as the young, have been the objects; and by communing with the spirit of our departed father, to enkindle those hallowed emotions which are the fittest offering to his memory. But why needs the living speaker recall to your remembrance the venerated and beloved being whose loss is fresh in the memories of all who hear me? We stand not, it is true, over his grave, as the Spartan over the sepulchre of his king, but his memorials present themselves to the eye on every side and are felt in every throbbing bosom. The shady retreats of this consecrated grove—the oft frequented halls of this seat of learning—the sacred edifice in which we are assembled—and the very spot on which I stand, are memorials to awaken the busy and thronging recollections of many a full heart!Quocumque ingredimur in aliquam historiam vestigium ponimus.I look around this assembly and see monuments of his love and of his labors, such as can never grace the memory of the warrior, and which throw contempt on all the sculptured memorials of kings. I look at the eyes beaming with intelligence; I contemplate the refined intellects; I see their rich fruits in public and honorable employment; I recall the memory of others who are far distant, but whose thoughts are mingling with ours upon this occasion; who have carried with them the seeds of virtue and wisdom which they gathered here, and in other lands, have brought forth the noblest results of usefulness and honorable consideration. I revert, too, to those whose bright career is ended, and who preceded their guide and instructor to the abodes of the blessed. I think of all this, and feel that you need not the voice of the speaker to arouse your grateful recollections." p. 4.

Mr. Anderson shortly after this, goes into a very interesting sketch of the family history of the deceased, portraying with great tenderness and delicacy, the maternal solicitude to which young Caldwell was so deeply indebted for his well doing in after life—and evincing as we humbly conceive, in this part of his oration, fine powers as a biographical writer. There is much force in his development of the Doctor's character throughout, but especial beauty, we think, in the way in which he treats of his religious principles. One extract more from the pamphlet, in proof of what we have just said, must close this hasty and imperfect notice of it.

"The religious character of Dr. Caldwell, was not the formation of a day, nor the hasty and imperfect work of a dying bed. His trust was anchored on the rock of ages, and he was therefore well furnished for the terrible conflict that awaited him. We have seen that he had made Religion the guide of his youth; it beautified and sanctified the labors of his well spent life; nor did it fail him in the trying hour, which an allwise but inscrutable Providence permitted to be to him peculiarly dark and fearful. The rich consolations of his faith became brighter and stronger, amidst the wreck of the decaying tabernacle of flesh; and if the dying testimony of a pure and humble spirit may be received, death had for him no sting—the grave achieved no triumph. In any frequent and detailed account of his religious feelings he was not inclined to indulge—the spirit that walks most closely with its God, needs not the sustaining influence of such excitements—yet a few weeks previous to his death, a friend from a distant part of the State calling to see him, made inquiries as to the state of his mind, and had the privilege of hearing from him the calm assurance of his perfect resignation and submission to the will of God. His hope of a happy immortality beyond the grave, was such as belongs only to the Christian, and by him was modestly but humbly entertained. It was to him a principle of strength that sustained him amidst the conflicts of the dark valley; and to us who witnessed the agonies of his parting hour, a bright radiance illuming the gloom which memory throws around the trying scene." pp. 38, 39.

A Life of George Washington, in Latin Prose: By Francis Glass, A.M. of Ohio. Edited by J. N. Reynolds. New York: Published by Harper and Brothers.

We may truly say that not for years have we taken up a volume with which we have been so highly gratified, as with the one now before us. A Life of Washington, succinct in form, yet in matter sufficiently comprehensive, has been long a desideratum: but a Life of Washington precisely such as a compendious Life of that great man should be—written by a native of Ohio—and written too, in Latin, which is not one jot inferior to the Latin of Erasmus, is, to say the least of it,—a novelty.

We confess that we regarded the first announcementof thisrara aviswith an evil and suspicious eye. The thing was improbable, we thought. Mr. Reynolds was quizzing us—the brothers Harper were hoaxed—and Messieurs Anthon and Co. were mistaken. At all events we had made up our minds to be especially severe upon Mr. Glass, and to put no faith in that species of classical Latin which should emanate from the back woods of Ohio. We now solemnly make a recantation of our preconceived opinions, and so proceed immediately to do penance for our unbelief.

Mr. Reynolds is entitled to the thanks of his countrymen for his instrumentality in bringing this book before the public. It has already done wonders in the cause of the classics; and we are false prophets if it do not ultimately prove the means of stirring up to a new life and a regenerated energy that love of the learned tongues which is the surest protection of our own vernacular language from impurity, but which, we are grieved to see, is in a languishing and dying condition in the land.

We have read Mr. R's preface with great attention; and meeting with it, as we have done, among a multiplicity of worldly concerns, and every-day matters and occurrences, it will long remain impressed upon our minds as an episode of the purest romance. We have no difficulty in entering fully with Mr. Reynolds into his kindly feelings towards Mr. Glass. We perceive at once that we could have loved and reverenced the man. His image is engraven upon our fancy. Indeed we behold himnow—at this very moment—with all his oddities and appurtenances about him. We behold the low log-cabin of a school-house—the clap-board roof but indifferently tight—the holes, ycleped windows, covered with oiled paper to keep out the air—the benches of hewn timber stuck fast in the ground—the stove, the desk, the urchins, and the Professor. We can hear the worthy pedagogue's classical 'Salves,' and our ears are still tingling with his hyperclassical exhortations. In truth he was a man after our own heart, and, were we not Alexander, we should have luxuriated in being Glass.

A word or two respecting the Latinity of the book. We sincerely think that it has been underrated. While we agree with Mr. Reynolds, for whose opinions, generally, we have a high respect, that the work can boast of none of those elegancies of diction, no rich display of those beauties and graces which adorn the pages of some modern Latinists, we think he has forgotten, in his search after the mere flowers of Latinity, the peculiar nature of that labor in which Mr. Glass has been employed. Simplicityherewas the most reasonable, and indeed the only admissible elegance. And if this be taken into consideration, we really can call to mind, at this moment, no modern Latin composition whatever much superior to theWashingtonii Vitaof Mr. Glass.

The clothing of modern ideas in a language dead for centuries, is a task whose difficulty can never be fully appreciated by those who have never undertaken it. The various changes and modifications, which, since the Augustan age, have come to pass in the sciences of war and legislation especially, must render any attempt similar to that which we are now criticising, one of the most hazardous and awkward imaginable. But we cannot help thinking that our author has succeededà merveille. His ingenuity is not less remarkable than his grammatical skill. Indeed he is never at a loss. It is nonsense to laugh at his calling QuakersTremebundi.Tremebundiis as good Latin asTrementes, and more euphonical Latin thanQuackeri—for both which latter expressions we have the authority of Schroeckh: andglandes plumbeæ, for bullets, is something better, we imagine, than Wyttenbach'sbombarda, for a cannon; Milton'sglobulus, for a button; or Grotius'capilamentum, for a wig. As a specimen of Mr. G's Latinity, we subjoin an extract from the work. It is Judge Marshall's announcement in Congress of the death of Washington.

"Nuncius tristis, quem heri accepimus, hodierno die nimium certus advenit. Fuit Washingtonius; heros, dux, et philosophus; ille, denique, quem, imminente periculo, omnes intuebantur, factorum clarorum memoriâ duntaxat vixit. Quamvis enim, eos honore afficere solenne non esset, quorum vita in generis humani commodis promovendis insumpta fuit, Washingtonii, tamen, res gestoe tantoe extiterunt, ut populus universus Americanus, doloris indicium, qui tam latè patet, deposcere suo jure debet."

"Rempublicam hancce nostram, tam longè latèque divisam, unus ferè Washingtonius ordinandi et condendi laudem meret. Rebus omnibus, tandem confectis, quarum causâ exercitibus Americanis proepositus fuerat, gladium in vomerem convertit, bellumque pace lætissimè commutavit. Cum civitatum foederatarum Americanarum infirmitas omnibus manifesta videretur, et vincula, quibus Columbi terra latissima continebatur, solverentur, Washingtonium omnium, qui hancce nostram proeclaram rempublicam stabiliverant, principem vidimus. Cum patria charissima eum ad sedandos tumultus, bellumque sibi imminens ad propulsandum et avertendum, vocaret; Washingtonium, otium domesticum, quod ei semper charum fuit, relinquentem, et undis civilibus, civium commoda et libertatem servandi causâ, mersum, haud semel conspeximus; et consilia, quibus libertatem Americanam stabilem effecerat, perpetua, ut spero, semper, erunt."

"Cum populi liberi magistratus summus bis constitutus esset, cumque tertiò præses fieri facillimè potuisset, ad villam, tamen, suam, secessit, seque ab omni munere civili in posterum procul amoveri, ex animo cupiebat. Utcunque vulgi opinio, quoad alios homines, mutetur, Washingtonii, certè, fama sempiterna et eadem permanebit. Honoremus, igitur, patres conscripti, hunc tantum virum mortuum: civitatum foederatarum Americanarum consilium publicum civium omnium sententias, hác una in re, declaret."

"Quamobrem, chartas quasdam hîc manu teneo, de quibus Congressûs sententiam rogare velim: ut, nempe, civitatum foederatarum Americanarum consilium publicum proesidem visat, simul cum eo, gravi de hoc casu, condoliturum: ut Congressûs principis sella vestibus pullis ornetur; utque Congressus pars reliqua vestibus pullis induatur: utque, denique, idonea à Congressu parentur, quibus planè manifestum fiat, Congressum, virum bello, pace, civiumque animis primum, honore summo afficere velle."1

1The sad tidings which yesterday brought us, this day has but too surely confirmed. Washington is no more. The hero, the general, the philosopher—he, upon whom, in the hour of danger, all eyes were turned, now lives in the remembrance, only, of his illustrious actions. And although, even, it were not customary to render honor unto those who have spent their lives in promoting the welfare of their fellow men, still, so great are the deeds of Washington, that the whole American nation is bound to give a public manifestation of that grief which is so extensively prevalent.

Washington, we had nearly said Washingtonalone, deserves the credit of regulating and building up, as it were, the widely extended territory of this our Republic. Having finally achieved all for which he had accepted the command of the American forces, he converted his sword into a ploughshare, and joyfully exchanged war for peace. When the weakness of the United States of America appeared manifest to all, and the bands by which the very extensive land of Columbus was held together, were in danger of being loosened, we have seen Washington the first among those who re-invigorated this our glorious Republic. When his beloved country called him to quiet tumults, and to avert the war with which she was menaced, we have once more seen Washington abandon that domestic tranquillity so dear to him, and plunge into the waters of civil life to preserve the liberties and happiness of his countrymen: and the counsels with which he re-established American liberty will be, as I hope, perpetual.

When he had been twice appointed the Chief Magistrate of a free people, and when, for the third time, he might easily have been President, he nevertheless retired to his farm, and really desired to be freed from all civil offices forever. However vulgar opinion may vary in respect to other men, the fame of Washington will, surely, be the same to all eternity. Therefore, let us show our reverence for this so great man who is departed, and let this public counsel of the United States of America declare upon this one subject the opinion of all our citizens.

For this end I hold these resolutions in my hand, concerning which I would wish the opinion of Congress, viz: that this public counsel of the United States of America should visit the President to condole with him upon this heavy calamity—that the speaker's chair be arrayed in black—that the members of Congress wear mourning—and lastly, that arrangements be entered into by this assembly, in which it may be made manifest that Congress wish to do every honor to the man first in war, first in peace, and first in the hearts of his countrymen.

The 'barbarisms' of Mr. Glass are always so well in accordance with the genius of Latin declension, asnever to appear at variance with the spirit of the language, or out of place in their respective situations. His 'equivalents,' too, are, in all cases, ingeniously managed: and we are mistaken if the same can be said of the 'equivalents' of Erasmus—certainly not of those used by Grotius, or Addison, or Schroeckh, or Buchanan, neither of whom are scrupulous in introducing words, from which a modern one is deduced, in the exact sense of the English analogous term—although that term may have been greatly perverted from its original meaning.

Having said thus much in favor of theWashingtonii Vita, we may now be permitted to differ in opinion with Professor Wylie and others who believe that this book will be a valuable acquisition to our classical schools, as initiatory to Cæsar or Nepos. We are quite as fully impressed with the excellences of Mr. Glass' work as the warmest of his admirers; and perhaps, even more than any of them, are we anxious to do it justice. Still the book is—as it professes to be—a Life of Washington; and it treats, consequently, of events and incidents occurringin a mannerutterly unknown to the Romans, andat a periodmany centuries after their ceasing to exist as a nation. If, therefore, by Latin we mean the Language spoken by the Latins, a large proportion of the work—disguise the fact as we may—is necessarilynot Latin at all. Did we indeed design to instruct our youth in a language of possibilities—did we wish to make them proficient in the tongue whichmight have been spokenin ancient Rome, had ancient Rome existed in the nineteenth century, we could scarcely have a better book for the purpose than the Washington of Mr. Glass. But we do not perceive that, in teaching Latin, we have any similar view. And we have given over all hope of making this language the medium of universal communication—that day-dream, with a thousand others, is over. Our object then, at present, is simply to imbue the mind of the student with the idiom, the manner, the thought, and above all, withthe wordsof antiquity. If this is not our object, what is it? But this object cannot be effected by any such work as theWashingtonii Vita.

Norman Leslie. A Tale of the Present Times. New York: Published by Harper and Brothers.

Well!—here we have it! This isthebook—thebookpar excellence—the book bepuffed, beplastered, and be-Mirrored:the book "attributed to" Mr. Blank, and "said to be from the pen" of Mr. Asterisk: the book which has been "about to appear"—"in press"—"in progress"—"in preparation"—and "forthcoming:" the book "graphic" in anticipation—"talented"a priori—and God knows whatin prospectu. For the sake of every thing puffed, puffing, and puffable, let us take a peep at its contents!

Norman Leslie, gentle reader, a Tale of the Present Times, is, after all, written by nobody in the world but Theodore S. Fay, and Theodore S. Fay is nobody in the world but "one of the Editors of the New York Mirror." The book commences with a Dedication to Colonel Herman Thorn, in which that worthy personage, whoever he may be, is held up, in about a dozen lines, to the admiration of the public, as "hospitable," "generous," "attentive," "benevolent," "kind-hearted," "liberal," "highly-esteemed," and withal "a patron of the arts." But the less we say of this matter the better.

In the Preface Mr. Fay informs us that the most important features of his story are founded on fact—that he has availed himself of certain poetical licenses—that he has transformed character, and particularly the character of a young lady, (oh fi! Mr. Fay—oh, Mr. Fay, fi!) that he has sketched certain peculiarities with a mischievous hand—and that the art of novel writing is as dignified as the art of Canova, Mozart or Raphael,—from which we are left to infer, that Mr. Fay himself is as dignified as Raphael, Mozart, and Canova—all three. Having satisfied us on this head, he goes on to say something about an humble student, with a feeble hand, throwing groupings upon a canvass, and standing behind a curtain: and then, after perpetrating all these impertinences, thinks it best "frankly to bespeak the indulgence of the solemn and sapient critics." Body of Bacchus!we, at least, are neither solemn nor sapient, and, therefore, do not feel ourselves bound to show him a shadow of mercy. But will any body tell us what is the object of Prefaces in general, and what is the meaning of Mr. Fay's Preface in particular?

As far as we can understand the plot of Norman Leslie, it is this. A certain family reside in Italy—"independent," "enlightened," "affectionate," "happy,"—and all that. Their villa, of course, stands upon the seashore, and their whole establishment is, we are assured, "a scene of Heaven," &c. Mr. Fay says he will not even attempt to describe it—why, therefore, should we? A daughter of this family is nineteen when she is wooed by a young Neapolitan, Rinaldo, of "mean extraction, but of great beauty and talent." The lover, being a man of suspicious character, is rejected by the parents, and a secret marriage ensues. The lady's brother pursues the bridegroom—they fight—and the former is killed. The father and mother die (it is impossible to see for what purpose they ever lived) and Rinaldo flies to Venice. Upon rejoining her husband in that city, the lady (for Mr. Fay has not thought her worth enduing with a specific appellation) discovershim, for the first time, to be a rascal. One fine day he announces his intention of leaving herself and son for an indefinite time. The lady beseeches and finally threatens. "It was the first unfolding," says she, in a letter towards thedénouementof the story, "of that character which neither he nor I knew belonged to my nature. It was the first uncoiling of the basilisk within me, (good Heavens, a snake in a lady's stomach!). He gazed on me incredulously, and cooly smiled. You remember that smile—I fainted!!!" Alas! Mr. Davy Crockett,—Mr. Davy Crockett, alas!—thou art beaten hollow—thou art defunct, and undone! thou hast indeed succeeded in grinning a squirrel from a tree, but it surpassed even thine extraordinary abilities to smile a lady into a fainting fit!

"When I recovered"—continues the lady—"he was gone. It was two years before I could trace him. At length I found he had sailed for America. I followed him in the depth of winter—I and my child. I knew not the name he had assumed, and I was struck mute with astonishment, in your beautiful city, on beholding, surrounded by fair ladies, the form of my husband, still beautiful, and still adored. You know the rest." But as our readers may not be as well informed as the correspondent of the fair forsaken, we will enlighten them with some farther particulars.

Rinaldo, upon leaving hiscara sposa, had taken shipping for New York, where, assuming the name of "Count Clairmont of the French army," he succeeds in cutting a dash, or, in more proper parlance, in creating a sensation, among the beaux and belles of the city of Gotham. One fair lady, and rich heiress, Miss Flora Temple, is particularly honored by his attentions, and the lady's mother, Mrs. T., fired with the idea of her daughter becoming a real countess, makes no scruple of encouraging his addresses. Matters are in this position when the wife of the adventurer arrives in New York, and is quite bewildered with astonishment upon beholding, one snowy day, her beloved Rinaldo sleighing it to and fro about the streets of New York. In the midst of her amazement she is in danger of being run over by some horses, when a certain personage, by name Norman Leslie, but who might, with equal propriety, be called Sir Charles Grandison, flies to her assistance, whisks herself and child up in the very nick of time, and suddenly rescues them, as Mr. Fay has it, "from the very jaws of Death"—by which we are to understand from the very hoofs of the horses. The lady of course swoons—then recovers—and then—is excessively grateful. Her gratitude, however, being of no service just at that moment, is bottled up for use hereafter, and will no doubt, according to established usage in such cases, come into play towards the close of the second volume. But we shall see.

Having ascertained the address of Rinaldo,aliasthe Count Clairmont, the lady, next morning, is successful in obtaining an interview. Then follows a second edition of entreaties and threats, but, fortunately for the nerves Of Mrs. Rinaldo, the Count, upon this occasion, is so forbearing as not to indulge in a smile. She accuses him of a design to marry Miss Temple, and he informs her that it is no concern of hers—that she is not his wife, their marriage having been a feigned one. "She would have cried him through the city for a villain," (Dust ho!—she should have advertised him) but he swears that, in that case, he will never sleep until he has taken the life of both the lady and her child, which assurance puts an end to the debate. "He then frankly confesses"—says Mrs. Rinaldo, in the letter which we have before quoted,—"that his passion for Miss Temple was only a mask—he loved her not.Mehe said he loved. It was his intention to fly when he could raise a large sum of money, and he declared that I should be his companion." His designs, however, upon Miss Temple fail—that lady very properly discarding the rascal. Nothing daunted at this mishap our Count proceeds to make love to a certain Miss Rosalie Romain, and with somewhat better success. He prevails upon her to fly, and to carry with her upon her person a number of diamonds which the lover hopes to find sufficient for his necessities. He manages also to engage Mrs. Rinaldo (so we must call her for want of a better name) in his schemes.

It has so happened that for some time prior to these occurrences, Clairmont and Norman Leslie, the hero of the novel, have been sworn foes. On the day fixed for Miss Romain's elopement, that young lady induces Mr. Leslie to drive her, in a gig, a short distance out of town. They are met by no less a personage than Mrs. Rinaldo herself, in another gig, and driving (proh pudor!) through the woodssola. Hereupon Miss Rosalie Romain very deliberately, and to the great astonishment, no doubt, of Mr. Leslie, gets out of that gentleman's gig, and into the gig of Mrs. Rinaldo. Here's plot! as Vapid says in the play. Our friend Norman, finding that nothing better can be done, turns his face towards New York again, where he arrives, in due time, without farther accident or adventure. Late the same evening Clairmont sends the ladies aboard a vessel bound for Naples, and which is to sail in the morning—returning himself, for the present, to his hotel in Broadway. While here he receives a horse-whipping from Mr. Leslie on account of certain insinuations in disparagement of that gentleman's character. Not relishing this treatment he determines upon revenge, and can think of no better method of accomplishing it than the directing of public suspicion against Mr. Leslie as the murderer of Miss Romain—whose disappearance has already created much excitement. He sends a message to Mrs. Rinaldo that the vessel must sail without him, and that he would, by a French ship, meet them on their landing at Naples. He then flings a hat and feathers belonging to Miss Romain upon a stream, and her handkerchief in a wood—afterwards remaining some time in America to avert suspicion from himself. Leslie is arrested for the murder, and the proofs are damning against him. He is, however, to the great indignation of the populace, acquitted, Miss Temple appearing to testify that she actually saw Miss Romain subsequently to her ride with Leslie. Our hero, however, although acquitted, is universally considered guilty, and, through the active malice of Clairmont, is heaped with every species of opprobrium. Miss Temple, who, it appears, is in love with him, falls ill with grief: but is cured, after all other means have failed, by a letter from her lover announcing a reciprocal passion—for the young lady has hitherto supposed him callous to her charms. Leslie himself, however, takes it into his head, at this critical juncture, to travel; and, having packed up his baggage, does actually forget himself so far as to goa-Willising in foreign countries. But we have no reason to suppose that, goose as the young gentleman is, he is silly enough to turn travelling correspondent to any weekly paper. In Rome, having assumed thealiasof Montfort, he meets with a variety of interesting adventures. All the ladies die for him: and one in particular, Miss Antonia Torrini, the only child of a Duke with several millions of piastres, and a palace which Mr. Fay thinks very much like the City Hall in New York, absolutely throws herselfsans ceremonieinto his arms, and meets—tell it not in Gath!—with a flat and positive refusal.

Among other persons whom he encounters is a monk Ambrose, a painter Angelo, another painter Ducci, a Marquis Alezzi, and a Countess D., which latter personage he is convinced of having seen at some prior period of his life. For a page or two we are entertained with a prospect of a conspiracy, and have great hopes that the principal characters in the plot will so far oblige us as to cut one another's throats: but (alas for human expectations!) Mr. Fay having clapped his hands, and cried "Presto!—vanish!" the whole matter ends in smoke, or, as our author beautifully expresses it, is "veiled in impenetrable mystery."

Mr. Leslie now pays a visit to the painter Ducci, and is astonished at there beholding the portrait of the very youth whose life he saved, together with that of his mother, from the horses in New York. Then follows a series of interesting ejaculations, among which we are able to remember only "horrible suspicion!" "wonderful development!" "alack and alas!" with some two or three others. Mr. Leslie is, however, convinced that the portrait of the boy is, as Mr. F. gracefully has it, "inexplicably connected with his own mysterious destiny." He pays a visit to the Countess D., and demands of her if she was, at any time, acquainted with a gentleman called Clairmont. The lady very properly denies all knowledge of that character, and Mr. Leslie's "mysterious destiny" is in as bad a predicament as ever. He is however fully convinced that Clairmont is the origin of all evil—we do not mean to say that he is precisely the devil—but the origin of all Mr. Leslie's evil. Therefore, and on this account, he goes to a masquerade, and, sure enough, Mr. Clairmont, (who has not been heard of for seven or eight years,) Mr. Clairmont (we suppose through Mr. L's "mysterious destiny") happens to go, at precisely the same time, to precisely the same masquerade. But there are surely no bounds to Mr. Fay's excellent invention. Miss Temple, of course, happens to be at the same place, and Mr. Leslie is in the act of making love to her once more, when the "inexplicable" Countess D. whispers into his ear some ambiguous sentences in which Mr. L. is given to understand that he must beware of all the Harlequins in the room, one of whom is Clairmont. Upon leaving the masquerade, somebody hands him a note requesting him to meet the unknown writer at St. Peter's. While he is busy reading the paper he is uncivilly interrupted by Clairmont, who attempts to assassinate him, but is finally put to flight. He hies, then, to the rendezvous at St. Peter's, where "the unknown" tells him St. Peter's won't answer, and that he must proceed to the Coliseum. He goes—why should he not?—and there not only finds the Countess D. who turns out to be Mrs. Rinaldo, and who now uncorks her bottle of gratitude, but also Flora Temple, Flora Temple's father, Clairmont, Kreutzner, a German friend from New York, and, last but not least, Rosalie Romain herself; all having gone there, no doubt, at three o'clock in the morning, under the influence of that interesting young gentleman Norman Leslie's "most inexplicable and mysterious destiny." Matters now come to a crisis. The hero's innocence is established, and Miss Temple falls into his arms in consequence. Clairmont, however, thinks he can do nothing better than shoot Mr. Leslie, and is about to do so, when he is very justly and very dexterously knocked in the head by Mr. Kreutzner. Thus ends the Tale of the Present Times, and thus ends the most inestimable piece of balderdash with which the common sense of the good people of America was ever so openly or so villainously insulted.

We do not mean to say that there is positivelynothingin Mr. Fay's novel to commend—but there is indeed very little. One incident is tolerably managed, in which, at the burning house of Mr. Temple, Clairmont anticipates Leslie in his design of rescuing Flora. A cotillon scene, too, where Morton, a simple fop, is frequently interrupted in his attempts at making love to Miss Temple, by the necessity of forward-twoing andsachezing, (as Mr. Fay thinks proper to call it) is by no means very bad, although savoring too much of the farcical. A duel story told by Kreutzner is really good, but unfortunately not original, there being a Tale in theDiary of a Physician, from which both its matter and manner are evidently borrowed. And here we are obliged to pause; for we can positively think of nothing farther worth even a qualified commendation. The plot, as will appear from the running outline we have given of it, is a monstrous piece of absurdity and incongruity. The charactershave no character;and, with the exception of Morton, who is, (perhaps) amusing, are, one and all, vapidity itself. No attempt seems to have been made at individualization. All the good ladies and gentlemen are demi-gods and demi-goddesses, and all the bad are—the d—l. The hero, Norman Leslie, "that young and refined man with a leaning to poetry," is a great coxcomb and a great fool. What else must we think of abel-espritwho, in picking up a rose just fallen from the curls of his lady fair, can hit upon no more appropriate phrase with which to make her a presentation of the same, than "Miss Temple, you have dropped your rose—allow me!"—who courts his mistress with a "Dear, dear Flora, how I love you!"—who calls abuffetabufet, animprovisatoreanimprovisitore—who, before bestowing charity, is always ready with the canting question if the object bedeserving—who is everlastingly talking of his foe "sleeping in the same red grave with himself," as if American sextons made a common practice of burying two people together—and, who having not a sous in his pocket at page 86, pulls out a handful at page 87, although he has had no opportunity of obtaining a copper in the interim?

As regards Mr. Fay'sstyle, it is unworthy of a school-boy. The "Editor of the New York Mirror" has either never seen an edition of Murray's Grammar, or he has been a-Willising so long as to have forgotten his vernacular language. Let us examine one or two of his sentences at random. Page 28, vol. i. "Hewas doomed to wander through thefartherestclimes alone and branded." Why not say at oncefartherertherest? Page 150, vol. i. "Yon kindling orb should be hers; and that faint spark close to its side should teach her how dim and yet how near my soul was to her own." What is the meaning of all this? Is Mr. Leslie's soul dim to her own, as well as near to her own?—for the sentence implies as much. Suppose we say "should teach her how dim was my soul, and yet how near to her own." Page 101, vol. i. "You are both right and both wrong—you, Miss Romain, to judge so harshly of all men who are not versed in the easy elegance of the drawing room, and your father in too great lenity towards men of sense, &c." This is really something new, but we are sorry to say, something incomprehensible. Suppose we translate it. "You are both right and both wrong—you, Miss Romain,are both right and wrongto judge so harshly of all not versed in the elegance of the drawing-room, &c.; and your fatheris both right and wrongin too great lenity towards men of sense."—Mr. Fay, have you ever visited Ireland in your peregrinations? But the book is full to the brim of such absurdities, and it is useless to pursue the matter any farther. There is not a single page of Norman Leslie in which even a school-boy would fail to detect at least two or three gross errors in Grammar, and some two or three most egregious sins against common-sense.

We will dismiss the "Editor of the Mirror" with a few questions. When did you ever know, Mr. Fay, of any prosecuting attorney behaving so much like a bear asyourprosecuting attorney in the novel of Norman Leslie? When did you ever hear of an American Court of Justice objecting to the testimony of a witness on the ground that the said witnesshad an interestin the cause at issue? What do you mean by informing us at page 84, vol. i, "that youthinkmuch faster than you write?" What do you mean by "the wind roaring in the air?" see page 26, vol. i. What do you mean by "anunshadowedItalian girl?" see page 67, vol. ii. Why are you always talking about "stamping of feet," "kindling and flashing of eyes," "plunging and parrying," "cutting and thrusting," "passes through the body," "gashes open in the cheek," "sculls cleft down," "hands cut off," and blood gushing and bubbling, and doing God knows what else—all of which pretty expressions may be found on page 88, vol. i.? What "mysterious and inexplicable destiny" compels you to the so frequent use, in all its inflections, of that euphonical dyssyllableblister?We will call to your recollection some few instances in which you have employed it. Page 185, vol. i. "But an arrival from the city brought the fearful intelligence in all itsblisteringand naked details." Page 193, vol. i. "What but the glaring andblisteringtruth of the charge would select him, &c." Page 39, vol. ii. "Wherever the winds of heaven wafted the English language, theblisteringstory must have been echoed." Page 150, vol. ii. "Nearly seven years had passed away, and here he found himself, as at first, still marked with theblisteringand burning brand." Here we have ablisteringdetail, ablisteringtruth, ablisteringstory, and ablisteringbrand, to say nothing of innumerable other blisters interspersed throughout the book. But we have done with Norman Leslie,—if ever we saw as silly a thing, may we be —— blistered.


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