The Express.
London, England, 1852-07-13 00:00:00

LITBRATU.RB.

775• Blytheriale Ronumee. By NATIIIAICIIL HAWTIIOI,4I,
Author of the Starlet Letter." Chemists and Hall.
While all England is in the ferment of a general
election, and what we call politics assumes its most
practical form, our attention is directed to a book
which deals with the poetry of all the agitation
which is at the heart of modern life. The "Blythe.'
dale Romance " is no fiction of the ordinary charac-
ter, but has a purpose of its own, and belongs to a
region of higher air than the common novelist soars
to. Here and there a reader will be glad to
learn something of a work which bears a relation,
though an indirect one, to all the controversies now
raging amongst us. We, who remember the influence
of fiction on the modern revolutions of France, thank
the chance which throws in our way an account of
the speculations of our Yankee kinsmen. It is
quite a mistake to suppose that the commercial ac-
tivity is the only noticeable feature in these later
times among them their country is rife with
theorists ' • their towns swarm with enthu-
siasts. Their lecture-rooms attract crowds to
listen to the declamations of men who are
aiming at social changes of a nature far
more dangerous to conservatism than those opinions
which in the hubbub of politics over here evoke the
terror of the middle classes, and the solemn indigna-
tion of Sir Marry Inglis.
Hawthorne is one of the American writers who
has been very late in attaining English reputation,
but whose books by this time challenge the atten-
tion of all who profess themselves to be reading
people. He is as perfectly original in his way as
any writer wo know. But then it is not a way
at all calculated (very luckily fur him) to make
a sudden hit. For anything so tranquil, medi-
tative, deep and gentle, as his flow of thoughtful
prose—one must go back to earlier times. We speak
of such books as the "Twice-told Tales" and the
" Scarlet Letter." The leading characteristic of these
is knowledge of the human heart. We do not con-
sider his power of creating various dramatic charac-
ters very remarkable. Nor is his invention of incidents
strikingly noticeable—has indeed been excelled
bv far meaner writers. But what makes
his tales enchant your interest, and carry
you along with them with sympathy and
admiration, is his knowledge of the *human
heart—the quality of Richardson and God-
win. Indeed, the way in which Hawthorne deve-
lops. expounds, and unravels with continuous power,
the movement of a chain of emotions, reminds one
often of Godwin. And allowing for his own pecu-
liar qualities—for a graceful tenderness. a certain
quiet fanciful humour to which egotism gives quaint-
ness, we might call his muse a child of Godwin's
brought up among the fairies. He has an under-
current of brooding mysticism, with an upper surface
of homely fun. Of course the reader will understandus
es by no means calling him a copy of anybody
else. To set off against the qualities wo attribute to
him, let us remark that his knowledge of character
possibly getting palled by daily observation, seems
inclined to make him bend to working on the dis-
eased specimens of humanity ; which tendency will
always be apt to make a writer shock where he
does not expect it. Add also, that it is an im-
mense merit of this writer that his style is sin-
gularly beautiful, chaste, and graceful English. He
laves and is felicitous in showing his love for the
external beauty of nature—his gift in that way
being determined, however, by his predominant sub.
jeetivily of disposition : that is, that Nature her-
self, with all her beauty, freshness, power, and won-
der, has to him to play the port of illustrator
of human emotions, and to take her chief charm in
his books from what sentiment endows her with.
Finally, be it said—Hawthorne is perhaps pre-
eminently a sentimentalist. Humour, gaiety, ob-
servation, reflection, are all powerful in him; but
your leading notion of him, after all, is—this is a
man who ire Is
The subject of the present book was hspipoi4li
chosen. thus the reader ever heard of the B
Farm project? Of the thoughtful, gifted knot of
Yankee gentlemen and ladies, who, sick of civilian-
ticm, and weary of the age, took a farm to try and
attain the better life in seclusion, and tilling the
ground? Confess that the idea was an honest one!
The age being all given over (thought they) to
money getting acd vanities—faith being dead--and
hypocrisy and what we hastily call "humbug"
dominant everywhere—suppose we cut ourselves
adrift from its unwholesomeness, and go and
live in the heart of nature and by healthy toil. Such
was the leading notion. The world was to be re-
formed by a nobler example ; Mammon was to be
reformed by the spectacle of a society founded on
love and nut on selfishness. The society did form
itself and proceed with its object. As for as we
have beard any historic account of its proceedings, it
was unsuccessful.
Of course, this is just the result the world ex-
pected ; and, we must say, expected with great
justice. The withdrawing from the world in com-
munities has always been a spiritual experiment of
great popularity, and has a profound relation to
human wants. But mark the difference between this
Brook Farm one and the ancient powerful ones of
the world. The Christian withdrew, with a faith—
the Brook Farm community for want of one! One
retired because the world was wanting in some-
thing positive that he held to be God's truth ;
the other, because it bad no particular belief
to sustain it in public action anywhere. The
Yankee monks and nuns (honi sod gni mai
Wlease carried down with them to the
est nu belief in particular—but an amorphous
bundle of egotisms, and all the isms of the
age. It was less a society that they established
than an hospital. Every irpirituil malady was
gathered together there, and particularly the mala-
dies which nothing but work in the world—what-
ever may be the world's condition—can cure. Like
certain experiments by early Christians, recorded in
the pages of Gibbon, this experiment ended by
• insulted nature"—" vindicating her rights."

Mr. Hawthorne has taken the society an the base-
work of his story, and lays his plot in the actual
farm, where Miles Covordale, the poet who tells the
story, goes down to join the body. Hollingsworth
the philanthropist is there; a queenly Zcnobia who
represents the heroine of life, and the tender, spiritual
dreamy Priscilla, his natural opposite—all tender-
ness and reliance on the man's will, as Zenobia is the
far-aspiring female reformer, who darts beautiful light-
ning at the institutions of the time. In these three per-
sonages, and Miles Coverdale's relation to them, lies
the interest. It is the interest of three characters
of different moral forces—trying to resolve round a
central idea. But nature breaks in; egotism is do-
minant here, and passion has its natural force there.
All begins in contradiction to common ideas, and
ends in conformity with the oldest ones. Every-
thing starts as if it started in Utopia, and runs to an
end at lust in the very commonest frshion of the
squares and streets of Pimlico. This is Mr. Haw-
thorner n
Thu bo, k, besides its high philosophical interest,
has the chi rat of a really fine romance too—has ad-
venture. vivacity, tine scenery, and human interest.
Our busintts is not with it in its capacity of tale, but
wo may tell the tale reader, however indifferent to
" socialist" questions—that he will find here a really
interestirg story—culminating in a manner, as im-
perishable, too, to him u to the philosopher. What
more shall wo say ? Tha character of "Weeterudt is
made less of than we could wish, and unreality
attaches to certain parts of tho story proper. But
everybody will find something in it to like. And the
thinker will find fresh material for reflection in the
intellectual phenoiucna of the time.

GOLD Gli;,,teir,4.—Laat night a lecture was deli-
vered in the Lonrkm Mechanics' Institstiem. Bouttbenepten-
bnildinge, by Mr. Judge, on the en** if aagiradka to
Australia. As the lecture was chiefly draigned kr the
benefit of intending emigrants—and mom eapecially for
those who intend to proceed to the gold dietrieta—it was
altogether of a praetical eharacter, giving information os to
what the emigrant should do and what he should avoid.
Mr. Judge stare useful and ample information as to the
selection of vowels, the outfit which the emigrant should
provide himself with, and the implement. necessary for
conducting the mining operations with seems. On these
several points the information which he gave wan full and
minute, and the lecture was listened to throughout with
the greatest interest and attention. Model, of the tools
neeewary to be taken out were on the platform of the
theatre, and were inspected after the lecture with the
turenest curiosity.
Dr-rrw or Silt °LOWE Hawaii' SMYTH, HAP.T.—
We have to announce the death of Sir tf. H. Smyth, Bart.,
et Ihreerehneeti Hall, Colehintei sad &Amway fur many
Lartio ]4P. for that borough, which took plus on Sunday

Lain intelligence.

EQUITY COURTS.-YmaDAT.
!luau TN. Loss CI.K.LIM.
STV.OXORILL V. ANSTRY —TROST SATs—POWI2I

JUDOMINT.
This was an appeal motion from a Jaggiest of the Vies-
Chancellor Knight Bruce. A Mr. Aimee, doesesed, by his
will, altar appointing emientors and trustees, gave • Mese
hold estate to his wife for her life, diluting that after Me
decease it should be sold, and form pert of the reeideeng
estate. The testator then bequeathed his residuary MeV
to his trustees upon trust to convert into money, ape,
therefrom, to pay his testamentary and funeral enteeletns
just debts, and certain legacies made by the will. effil eds•
heat to direetiesethenia given, and to invest the peedese
of the estate in motets Buts intern& fidscleglieLe
and profits to • poem for life ad
trustees were authorised to give amassth the=
of the leeesheld property busneetWthe
wife, sad to any other loolfho PORI_
pest of the trust funds to Mom, area
trustees. The plaintiffs, two IOU" had adenoma
certain ill= to the trustees, Meters. Rohm OM Amery.
the younger, on a mortgage of part of the lershohil We in 1
in the residuary devise. This mortgage was nob 18 yeess
after the testator's death, the property being then vestedlia
the trusters under an assignment by the executor of Ifie
will. Mr. Hobson, who appeared to have ben the Why
trustee, on receiving the money on the serlyeepeadd
into his bankers to his own private aoseasit, rod ash
sequently absconded. The suit was lasehoied he tie Dew
pose of having the priacipal sum, tosellesr aft r• its
rest of the said mortgage, raised and paid oat of the aserh
gaged estates. His Honour the Vioe-Chancellor gave jeer
meat in favour of the mortgagees.
The Lord Chancellor, in now yivingysiseuniersoid the
question was one of very great unpeutense,
into a detail of the facts, his loofa* leMenlied Me
clause empowering the trustees netit Callibillge psi
chasers and to persoas paying try Am Oa, wee
somewhat obscure, seeing that the LA pot 1101111•1111 the
power to the purchaser of a partieffiet boom but WWI
together, it was clear enough than print was given be
grant discharge to the parebeeses of any or all of !
the trust premises. Ccsearsseetly an adverse decision to
the claim would not be grounded ea ths eastantica that the
trustees were not empowered to glen efilsetOal disirsp
a bond, fide sale. There could bone question that at the
time of the mortgage the estate In question wee valled fn'
the trustees. The plain question then wan, whether omfer
the circumstances stated, the mortgage was within the power
given to the trustees by the will? Ciressetemewa entgall
jostify trustees having • legal estate vested is stem bist
testator, for a particular trust, mortgaging a priffelni
stead of selling it as directed by the Will; but the pressed
ease was not one of that nature; for here the tenet was
created to make an absolute sale and conversion. It wee
only oy such a sale that the trusts °self be satisfied. In no
Whew way amid the different perms entitled under the
Wal MMe lb, piper proportions owl them which
the trotter dhow( should be pill to thou. The
=Was therefore unauthorised and could not be
, and cossequently the dense below must be
reversed. But before dismissing the question he must ad-
vert to a point which had been seised of great general im-
portance, namely, the reference to sues of this nature
where a direction to sell was given to trustees, and there
wan a charge of debts but no declaration, that the trustees'
receipts should be sufficient discharge to the purchaser.
That led to a difference of opinion between the late Vice-
Chaneellor of England and other judges. The first case
was that of " Watkins v. Cheek" (2 Sim. and St., 199),
in which it was held that, though the general rule was that
the estate being charged in the first instance with the pay-
ment of debts, the purchaser was not bound to see to the
application of the purchase money, yet if he had notice
that the vendor intended to commit a breach of trust, and
was selling the estate for that purpose, he would by pur-
chasing under such circumstances he concurring in the
breach of trust and thereby become responsible. In John-
son v. Kennett" (3 Mylne and Kees), which was a very
simple case, Lord Lyndhurst, in reversing a decision of the
Vise-Chancellor, held that the rule as to the charge
hr debts, discharging the purchaser from liability to see to
the application of his purchase money, had reference to the
death of the testator; and therefore that, even supposing
the debts were paid before the sale, and that the legacies
alone remained as a charge, that circumstance would not
vary the general rule. In " Page v. Adams" (I Beavan,
463), in the Rolls, and " Forbes v. Peacock " (1 l'hil., 707),
Lords Langdale and Lyndhurst followed the rule, and the
latter noble and learned lord again reversed the decision of
sir Lancelot Shadwell. In a note to the latter case, it was
stated that Lord Lyndhurst had intimated that he did net
intend, by hi. judgment in " Johnson v. Kennett," to lay
down any rule which should govern the cases of there being
no
debts due at the time of a testator's death, and a pur-
Auer knowing it, or to imply that the rule laid down
would not apply to such a ease. lie (the Lord
Chancellor) ventured to differ from that noble
end lcanud judge' and thought that so impatient
a question ought not to be disposed of in a manner so moo.
tinfactory. The ease must stand en one of two pounds: In
the tint place, either the purchaser was discharged from
seeing to the application of his purchase nosey, because
there were no debts at the death of the UMW ; or neat,
because the testator having by his will chugs* the property
directed to be told with the payment of I& dielles sod iv*
cies, showed that he intended to give the treeless oal power
to give effectual discharges to purchasers, and thee amble
them with greater ease to execute tho trust. In his spites
the latter was the correct rule. Where there was a tikes*
tion to sell and to pay debts and legacies, the trustees could
give effectual discharges to the purchaser. He, however.,
apprehended that none of these cases had any proper bearing
on the present claim. The mortgages, for the reasons
stated, must therefore be set aside and the judgment below
reversed, hut under the circumstances of hardship in the
we, the appeal would be allowed without costs.

- -
IN RE vex EXCITE CIIARITITS.—TRVIIIT2I,II.
Mr. Follett supported a petition fur the appointment of
new trustees. Under the Municipal Corporation Reform
Act, the charities which had been under the government of
the corporation, were placed under trustees appointed by
the court. There were two sorts of charities in the city—
first, those connected with the church ; and, secondly, gene-
ral charities ; each of which were managed by different
trustees. Nineteen were appointed fur the general chari-
ties. Of these five had died and five were disqualified. Ile
now applied for the appointment of new trustees.
The Lord Chancellor directed the matter to stand over,
in order to save expense, by making one order on the peti-
tions relating to the two sets of charities.

COURT OF BANKRUPTCY.—YesTERDAY.
ISarota Me. Calunamapaa
I 7 lit RANI CASTELLI..

This was the adjourned meeting fur the last examination
in the este of this bankrupt, who had carried on business as
a general merchant, under the firm of Castelli, Giustiniani,
and Co.,tin Bury-court, St. Nary-axe. Thu accounts, which
are ♦olaminouo, have already appeared in the Express
on more than one occasion.
Mr. Cotterill appeared for the assignees, and did not op-
pose the bankrupt's passing.
Mr. Peachey supported the bankrupt.
Mr. Lawrence and Mr. Nobler opposed for Messrs. lA-
fuente and Webster, of Liverpool, and others, who claimed
to be joint creditors of the firm of Castel'', Ginetiniani,
and Co. . . . .

....Mr.Feachey said he had to apply that the bankrupt
should now be allowed to pass. There had been seven' ad-
journments, and he understood it was the intention of cer-
tain creditors to ask for a further adjournment, which he
should resist. The failure had taken place so loog ago as
August, 1851. The official assignee (Mr. Groom), the trade
assignee, and the solicitor to the assignees, were now pre-
sent; and he should severally ask thins whether or not
they were satisfied that the bankrupt ought to be allowed
to pass.
Mr. Cotterill, the solicitor to the assignees, said he was
perfectly willing that the bankrupt should peso For his
own part, he did not sec that any good whatever had arisen
to the estate from the additional accounts that had been
called for and tiled, and from the repeated adjournments.
Mr. Groom, the official assignee, said be thought no
benefit whatever would arise from a further adjournment.
The accounts presented by Mr. CuteUi were upon the whole
suisfactory, and be thou At he ought to be allowed to pass.
In ri ply to further questions from Mr. reachey,
Mr. Groom said that the bankrupt hod been most assi-
duous in his attendance at the official assignee's office, and
had giver, every reqoisite explanation es to the entries in
his books and the affairs of his estate generally.
The trade assignee also expressed himself satisfied with
r. Castelli's accounts, and said he thought he should be
allowed to pass.
Mr. Nutley said that, on the former occasion, the pro-
ceedings elsewhere had been urged as a reason why the
bankrupt should not pass, but these were entirely confined
to questions of law, which could have no bearing on the
figures of the balance-sh,et, or on the question of the bank-
rupt passing his lest examination. These proceedings had
arisen in this way. After Frank Castelli was made bank-
rupt, a petition was filed, on the 7th of November last,
against him and three other
_gentlemen, who had been
partners in his firm in 1850. They were all declared bank-
rupts on the fith, but they appealed to the Lords Justices,
who, on the 22nd January, decided to send the case to a
court of law, to try the question of partnership. That &a-
non came on for trial at Guildhall, on Friday last, before
Lord Chief Justice Campbell, when • verdict was given for
the plaintiffs (the alleged partners), and • special case
was grauted, on which various important questions of
law would he brought before the four judges. It was not pro-
liable that these would be determined before Hilary term nest.
It was said Messrs. Lahti nte and Webster were determined

to have a more thorough investigation of the accounts than
bad been made by Mr. Oroom ; but these gentlemen,
though petitioning creditors sg_ainst the firm, were not cre-
ditors of the separate estate. The official assignee and the
creditors' assignee having expressed themselves satisfied
with the accounts it was not competent for any creditor to
delay the bankrupt passing on the pretext of a further in-
vistigistien--a mere fishing inquiry. Such a course was
contrary to all the practice of the court, leaving any dissa-
tisfied creditor to pursue his own inquiries, and to bring for-
wart the result at the certificate meeting.
Me Lawrence said the question was one between the sepa-
rate and the joint creditors, the latter ef whom ho repre-
sented, and who were not satisfied with the accounts. They'
expressed no dissatisfaction with Mr. Groom's investiga.
tiou, and wished to cast no imputation on him; (or no
officer of the court acted more fairly or was more ready to
m. et the views of creditors. At the last meeting Mr.
Dimes had required further time to examine the goods ite•
count recently filed ; and it was only on Thursday last that
he bad morloded that examination, and that the acemint
was amweible to Messrs. Leuente end Webster. They re-
quired a reasonable time for their examination whisk had not
ban allowed; sad of OWN thas croakers Mood la pie-