The Sun.
London, England, 1840-12-01 00:00:00

.TII E st7Ni LONAMN. TIT ESOAY._III;CEM PER 1, IS4O.

CHANCERY COURT-(THIS RAY.)

111 AG &GINE DAY.

IN REIIAINES-CIIURCIP.RATES.

BLACKIVOCW.
The first article in the present Numbtr is a tale en-
titled " Raymond," and is from the pen of the author of
the " Picture Gallery"—a collection of stories which,
it may be remembered, appeared in this Magazine a
year or two since. The tale appears carefully written,
and records the adventures of a young man who, on
quitting tile University, trusted to achieve fame and
fortune by his pen ; but was cruelly disappointed in
both cases, for fortune kept studiously aloof from him,
►nd fame served but to gild his memory about thirty
years after his death. The details of his disappoint-
ment deepening into despair, and terminating in mad-
ness and suicide, painful as they are to read, are, we
fear, not exaggerated. But the reader must judge for
himself. " A Night Excursion with Martin Zurbano"
is a stirring episode in the late civil war in Spain. The
Christino Chief, Martin, is, of course, the hero, and a
most truculent hero he is, as ever one would desire to
be acquainted with—at a safe distance. There is a
little too much of the swagger of patriotism in the
Reminiscences of the Year 1813 in Germany."
Doubtless, patriotism is a very fine quality, but,
like other virtues, it may he overdone. The
truest patriots arc not always the noisiest—
witness Hampden, as calm and modest a man as ever
existed. From the letters inserted in this 'arti-
cle addressed by some young German soldiers to their
relatives, it would seem that. they themselves and their
Prussian colleagues were the bravest rind most enthusi-
astic spirits of the acre ; yet we know that the troops of
the Great Frederick were annihilated in a day at Jena
and Auerstadt, and that throughout the campaigns of
1813 and 1814, they seldom fought to advantage
against the French, The letters of Korner are the
best, for though they breathe a noble spirit of self-con-
fidence, there is nothing of bluster about them. This
lofty-minded youth died too soon for himself and his
country—we might almost add, for Europe. Had he
lived, Goethe might have found in him his most formid
able rival. His " Sword Song" is the most stirring
war-lyric of modern times. Perhaps the following de-
scription of the arrival at Dresden of a small remnant of
Napoleon's famous army of Russia may interest our
readers :

Mr. M. D. HILL, upon this case being called on, 'sale
my Lord, I have the honour to attend your Lordship
move for a writ of habeas corpus on the part of William
Baines, who is now a prisoner in the county gaol of Lei-
cester, upon a writ de contumacio capicndo, which issue,
from this Court upon a significavit from the official of th(
Archbishop of Canterbury, in the Court of Arches, certi•
fjing to this Court that Mr. Baines was in contempt of
that Court, for not obeying a decree upon him, to pa)
the suns of 2/. 53. fir a Curch.rate, and the sum of 125/

for the costs of the trial resp, cting such rate. My Lord,
it is right I should inform y our Lordship a writ of habeas
corpus, upon the ground on which I now appear to ask
your Lordship for another writ (.f habeas corpus, WM
granted by the Court of Queen's Bench, and that, after
argument, that Court &Tidal against the applicant, and
remanded him to Elm custody of the Sheriff. I mentior,
that htcause ft is proper your Lordship should know the
exact state in which the case is ; but your Lordship, 1
think, will have no difficulty in agreeing that the circum
stance of a writ of habeas corpus having been sued out
in another Court is of no more force and effect than this—
that it shows the case is one which is proper for a writ of
habeas corpus; and your Lordship would feel yourself no
more bound by the decision of the former Crain than if this

were an appeal to your Lordship from the Vier-Chancellor
or the Nlaster of the Rolls ; or to take an illustration from

our own Courts, than if were a writ of error fur a

udgment of a Court below. That is to say, my Lord, 1
ake it to be a general rule, and above all applicable to

cases of habeas corpus, that a decision in the seine case is
no authority when the case comes before another Court,
because it is brought before that other Court for the very
purpose of seeing either expressly or incidentally whether
the decision of the former Court be right or not. My
Lord, that being so, your Lordship must consider that as
a matter of right William Baines might make his
application to every Court in Westminster Hall, and
ins application and refusal in one Court would be no bar
to him, nor any authority even against him, in his applica-
tion to another Court. But my Lord, with my Learned
Friend the Attorney-General, and other gentlemen with
whom I have the honour to be associated in this ease, 1
myself feel the deepest conviction that the best mode of
preserving all our privileges is to use them with modera-
tion and discretion ; we should all have been very averse to
raising this question again, if, after a careful and most con-
scientious consideration of the judgment which has been
pronounced, we did not feel, however, errone-
ously, thoroughly satisfied in our own minds, that
the judgment of the Court of Queen's Bench in this mat-
ter has been founded in error. It is, therefore, that we
come before your Lordship. Your Lordship is aware that
iu time of vaoation there is no other Court we could conic
to except your Lordship's, where there might be an open
and public hearing of the matter. The case, as I have
stated? was one of subtraction of Church-rate. It appear:
by the significavit that the case was originally promoted in
the Curt of the Arehdeaconry of Leicester, which is in
the Bishopric of Lincoln, but that immediately by letters of
requ st the cause was transferred to the Court uf Arches. It
appears upon the significavit that the defendant was cited
to appear in the Court of Arches, that he did not appear,
and that he has never appeared in any stage of the pro-
ceedings. Being duly cited to appear, and the citation
personally strycd upon him, your Lordship is perfectly
aware that by the ancient course of the law, ratified and
confirmed by the 53d Gee. 111., which shot tened the course
of proceeding in those matters to some extent, it was then
competent far the Court to have pronounced Baines contu-
macious, to have signified his contumacy to your Lordship,
upon which the writ de conturnacio c.piendo would have
issueu ; it would 'nave issued at that moment when the costs
were comparatively light. Instead of that, passing over the
contumacy, the Court of Arches assumed to itself the
power of proceeding in the absence of the defendant, going
through all the steps of the case, pronouncing a final de-
cree, serving the defendant with a monition to obey the
final decree, declaring him contumacious for not obey ing
such monition, and signifying to your Lordship the con-
tumacy, not as not appearing in the first instance, but as
not obeying this final decree to pay the rate with the costs.
My Lord, my first objection, and probably the only one
which your Lordship will think it necessary 1 should
urge in the present stage of the proceedings, is,
that the Court had no power to proceed to a
final decree, calling upon the defendant for payment,
until he had been brought into Court. I say that is pro-
bably the only objection your Lordship will think me jus-
tified in taking up the time of the Court by laying before
you on the present occasion, because my only present
object can be to have the writ of habeas corpus. When
that writ goes the Sheriff will make such return upon it
as he shall be advised, and objections, which we cannot
now anticipate, may be made upon that return. Other
objections which i might anticipate may be shut out by the
form and the substance of that return. Your Lordship is
aware it is usual only to suggest a sufficient ground to in-
form the mind of the Court that there is something to be
inquired into, and then the writ of habeas corpus issues, and
so slight is the ground considered sufficient fur that purpose
that I
am not aware of any application for a writ
of habeas corpus having been at any time refused. Still,
my Lord, as this is a very serious matter indeed, I shall
take the liberty of laying at some little detail before your
Lordship the ground on which I now make this motion.
The Learned Gentleman, in support of his objection, went
on to observe that, according to the ancient practice of the
Courts, a party could not be proceeded against in his ab-
sence. It was necessary to bring him before the Court.

" I was lately eye-witness of a terrible scene. The re-
giment of the body guard that acquitted itself so manfully
at Minsk, has, in the retreat from.Moseow been altogether
cut up, mainly by the frost. Of the whole regiment only
about sever.ty men remain. Single bodies arrive by de-
grees, but in the main most pitiable plight. When they
reach the SAxen border they arc assisted by their comps-
Fionate countrymen, who enable them to make the rest of
the road in some carriage or wagg6;n. On Sunday fore-
noon last I went to the Linkeschca Bad, and loand a
crowd cO:lected round a ear in which some soldiers had
just returned from Russia. No grenade or grape could
have so &figured them as I beheld them—the victims of
the cold. One of them had lost the upper joints of all
his ten fingers, and he showed us the black stumps; another
looked as if he had been in the hands of the Turks, he
wanted both cars and nose. More horrible was the look
of a third, w hose eyes had been frcz,nt ; the eyelids hung
down rotting, the globes of the eyes wore burst, and pro-
truded out of their sockets; it was awfully hideous, and
yet a more bide:-.‘us spectacle was to present itself. Out of
the slaw in the bottom of the car, I now beheld a figure
creep painfully, which one could scarcely believe to be a
human being, so wild and so distorted were the features :
the lips were rotted away, the teeth stood exposed; he
pulled the cloth from before his mouth, and grinned on us
like a death-head ; then be burst out into a wild laughter,
began to give the word of command in broken French,
with a voice more like the bark of a dog than anything
human, and we saw that the poor wretch was mad—mad
from a frozen brain I Suddenly a cry was heard, Henry
my Henry and a young girl rushed up to the car; the
poor lunatic rubbed his brow, as if trying to recollect
where he was, then stretched out his arms towards the dis-
tracted girl, and lifted himself up with his whole strength;
a shuddering fever fit came over him; he fell collapsed,
and lay breathless on the straw : the girl was removed
forcibly from the corpse. It was her bridegroom. Her
agony now found vent in the most terrible imprecations
against the French and the Emperor ; and her rage com-
municated itself to the crowd around;
especially the
women, who were assembled in considerable numbers;
they expressed their passion in language the most fearfullyfrantic. I should advise no Frenchman to enter into
such a mob ; the name of the King himself would help
him little there. Such are the dragon-teeth of woe which
the Corsican Cadmus has sown. The crop rises superbly ;
and already I sec in spirit the fields bristling with lances,
the meadows with swords. You and I doubtless will find
our place among the rr;wors."
" A Few Hours at Hampton-Court" is one of those
slight, flimsy, periodical essays which one reads to-day
to forget to-morrow. The author is quite in raptures
with Wolsey, and says of this arrogant, selfish, osten-
tatious Cardinal, that his ambition " was a compound
of various noble and excellent feelings, crowned with
ability and power, and enlarged to a beneficence far out
of sight of self." What rhodomontade is this T. Self—
self—and nothing but self—was the governing princi-
ple of Wolsey. It was for self he intrigued, now with
Francis, now with Charles V. For sea' he built
palaces, and amassed wealth that Kings might envy.
To gain the Popedom he hesitated not to light the flames
of war in Europe ; and unhesitatingly sacrificed every
just, generous, loyal, and patriotic feeling on the shrine
of his insatiable ambition. That he was beneficent, in
the proper acceptation of the term, we deny. Benefi-
cenceedesnt is a modest quality, and blows no trumpet. The
" Contrabandist " is an animated translation from a
popular modern Spanish ballad. The substance of
th 14ioguay
riaphiebael
foundaket in Golddit he
h's life of the .• Monarch of
Bath
sketch beaded
once celebrated Beau Nash, whence tilt! majo-
rity of the anecdotes arc taken. Tile introduction
e
is very cleverly written—indeed is the hest part of the
article. Though once a character of first-rate mark and
likelihood in the fashionable world of England, Nash is
now utterly forgotten. Yet the man who reformed the
domestic habits of his age, by teaching his uncouth,
reserved countryman to cultivate good-fellowship with
each other, and all the better social qualities ; who in
the hey-day of his power made the proudest nobles
tremble at his frown ; and whose word at Bath and
Tunbridge—then the head-quarters of fashion—was a
law from which there was no appeal—such a man de-
serves to be rescued from the long list of forgotten
dandies, for his could have been no ordinary character.
The " Beauty Draught" is a pleasing story told gaily
and unaffectedly. " Charles Edward after Culloden"
is a graceful lyric from the pen of Mr. Simmons.
" Post Mortem Musings" arc a series of appropriate
Lctions suggested by a visit to the Kensal Green Ce-
metery. We ourselves have often wandered on summer
evenings to this hushed, sylvan spot, and never without
deriving benefit from the thoughts it awoke in our mind.
It is indeed, in places like this, where all around speaks of
serene, and even smiling repose—how different from the
loathsome city churchyards I
--that we best learn to look
calmly and rationally at death, and set a proper value on
existence. How paltry seem even the loftiest ob-
jects for which men struggle with such unwearied ar-
dour for years and years together, when we look down
upon some unnoticed grave that covers a mere handful
of dust and ashes, which, but the other day, perhaps,
rejoiced and sorrowed, toiled and endured like ourselves!
Disappointment is a great instructor—experience a
greater—but there is nothing like a tomb in a retired
church-yard, to read ambition the lesson it most re-
quires. The " Non-Intrusion Question" is not want-
ing in argument, but it is dismally dud—so dull, that
to read it through at a sitting, and when read, to di.
gest it, demands the patience and perseverance of a Job.

he was contumacious, and refused to come, then was the

time for the Court to INC those powers which had been
given to it, let them be many or few, strong or acak, for
the purpose of compelling his attendance. No doubt
much inconvenience was found to arise from the strict and
rigid adoption of that principle, and a century had nearly
elapsed since power was given by statute to a plaintiff to
enter an appearance fur a defendant. That was the ancient
practice of the Equity Courts until Sir Edward Sugdrn's
Act amended that state of things. If that was the state of
things in the Equity Courts and in the three superior
Courts of Westminster Hall. the presumption would be
very strong that the ancient practice of the Ecclesiastical
Courts conformed to that principle. That presumption
was very much strengthened by the terms of the Act of the
the 53d of George the 3d, chap. 127, the Act upun which
the present proceeding was founded Non-appearance by
that Act was treated not only as a contumacy
but as a contumacy which called for summary
remedy by the interference of the secular power.
That was a state of things which he (the Learned
Counsel) contended with great submission was utterly re-
pugnant to the supposed power of the Court as witnessed

in these proceedings, because if the Spiritual Court had
the power in the absence of the defendant to go through
stages of the cause and come to a final decree, the non-
appearance was not contumacious—it was not a contempt

•
—for what was a contempt ? A contempt was something
which obstructed the proceedings of the Court ; but the
absence of the defendant, so far from obstructing the pro-
ceedings (if the Court had power to proceed without him),
very much facilitated the proceedings of the Court. It was
proverbial that justice, or at least decisions, would
go on pretty rapidly if it were only necessary to hear one
of the parties. The Learned Counsel then referred to
" Houghton," and other books of practice, in support of
his proposition, that it appeared by the ssgnificavit the
Spiritual Court had exceeded its jurisdiction, and conclu •
dcd by saying it was for that Court, which called upon his
Lordship for aid, to show that all the preliminary steps
had been duly taken. It was with reference to the time
of the Court that he wished to take his Lordship's plea-
sure whether he should go through the other objections,
which ran to a considerable length.
The Loan CHANCELLOR thought Mr. Hill had shown
enough to entitle him to the writ, but suggcstd, for thee
Lelined Counsel's consideration, whether another mode of
proceeding was not more consistent with the practice of
that Court in questions of that kind, namely, a motion to
discharge the writ de contumacio capiendo if, as he under-
stood the Learned Counsel to state, the significavit
d:d not state enough to justify the issuing of the
writ. The Court had been the habit of eniertaining those
questions upon an application to discharge its own writ.
Mr. HILL replied that the Common Law Courts enter-
tained motions for discharging the writ, but they also enter-
tained the question upon a writ of habeas corpus. The
Court of Queen's Bench thought the defendant was per-
fectly regular in moving for a writ of habeas corpus. Hay.
ink; taken the course (though if the suggestion had crossed
their own minds, which his Lordship had done Oh m the
kindness to throw out, they would most probably have
adopted it) and as he and his Learned Friend believed no
inconver.ience would attend it, they would rather abide ny it.
The Learned Gentleman then said it was not des red that
Mr. Baines should be brought up from the prison in Lti-
ccstcr. It was competent, upon an agreement on both
sides, to consider the party in Court ; and that was the
course, with his Lordship's permission, it was proposed
to take.
This day week was then fixed for the hearing of the mo-
tion for the prisoner's discharge.

tghreamoirilae:sisi,3
tainiearit'-uesviireigwCir makes
ernsi'ortheeivorMY
BENTLEY'S MIS CELLARI'.
The " Ncw Comic English Grammar" formuisz, thluivet
subject of a sprightly critical notice in the present Mu,.
cellany. The Reviewer hints that such a work is much
and expresses a modest hope that the 4 Comic" will sips_
wanted, for that we arc very
gram-
marian
itrnitulcaederties
ic,gri ec nit tmirn goodo f
nillol yspt chtei k
mentionil ne lgi cool cif nteiiY e. various The
shocking'igi er anmo
use r
laatn Eotbosne,„e observes
twhere,hat speaking ki, r.i gof
masculinethe
anal the feminine !" This gross violation of all politeness
should have been animadverted on in becoming terms of
indignation. 'file wood-cuts, in illustration of this quiz-
zical notice, are sonic of them as good as it is possible
for such things to be. The best is the "Respeciable
Man," which professes to explain the exact ineanin,* 01
that much-misunderstood adjective. A stout, elderly
man is represented standing bolt-upright in his
counting-house, with his two thumbs stuck in the
arm-holes of his waistcoat, and his pen behind
his ear. From his jolly' red nose, which tens of
many a bibulous Achievement ;
his handsome paunch,
and m.issive gold chain and seals which dangle hail way
1 down to his knees ; and still more trent the business-like
papers sticking out of his coat pockets, it is clear that
he is a man well to do in the world—in short, one of
those shrewd, sleek, respectable individuals who will
never dishonour a bill, or overdraw an account at, a
banker's. That he keeps a gig is certain ; possibly he
subscribes to a charity or two ; never misses inornint;
church on Sundays, and if he must s-I
eop. is far too
decorous to snore during the sermon. When he dies,
we should say—judging from rippcarances—that he will
" cut up" fur at least twenty thousand pounds ; tind a
tomb stone will be erected to him in the church-yard
of his parish, setting forth that he was endowed with ali
the virtues that can elevate frail humanity. See,
what it is to he a respectable—that is to say,
a rich man ! ~ Guy Fawkes': presents us with
a long love dialogue between Viviano; the heroine
of the tale, and Humphrey Chethain. We can-
not
ate
congratu . • l Mr. Ainsworth on his success in
this instance. His language is stiff —fornal—cold—anil
utterly', without grace or sensibility. Were a steam-
. engine to make love to a spinning-jenny,
he would ex•
press himself pretty nearly in the same style! " Merrie
England in the Olden Time," describes the Sunday
holiday-making of the cockney with much unction. The
allusion to his dislike of being " put out of his way " is
true to the letter. He is methodical even in his plea-
sures. If he goes, for instance, being a lover of the
rut al, to regale his eyes on the prospect from
Hampstead Heath, his first glance, is always
directed towards the distant St. 'Paul's, and
Ahe would no more think of omitting to commence

COMMON PLEAS.-(THIS DAY.)

SHREWSPURY V. 111.01:NT AND OTHERS.

This action was brought against six Directors of the
Ip.te Company formed for working the Wheal Brothers'
tin, lead, and silver mine (Cornwall), to recover from
them the several sums of 700/. ar4(l 8001. paid for shares
in the Company, epos the fraudulent representations of
the defendants.

Sergeants Talfourd, Channel!, Holroyd, and Sir Wil-
liam Follett conducted the case for the plaintiff; and
Sergeant Maning, Sir F. Pollock, Mr. Kelly, and Mr.
Erie, Q C., with Mr. Smith, appeared for the defendants.
Mr. S,.,rgearit TALFOURD having stated the plaintiff's
case in an address of two honrs and a half's duration,
called the Secretary of the Company, Mr. Harrison, son
of one of the defendants, who proved the formation of the
Company in the early part of the year 1835, by his father,
at the request of Mr. Malachi, the lessee, of the mine.
'The number of shares first issued was 1,000, but in July
1835, the Company was remodelled, and the shares were
increased to 5,000, each holder of one share being required
to take four in addition. The reading of the deed of
partnership of the Company, the assignment of the pro-
perty to the Directors, and other documents put in evi-
dence through this witness, occupied a great part of the
morning. Mr. Kelly and Sir Frederick Pollock making
several objections to the admission of certain pals of this
evidence against those of the defendants, who were not
proved to be present at the meetings of which the minutes
were here put in.
The case is of great commercial importance, and it will
occupy the Court to a late hour, the first witness being
still under examination when we went to press.

Many daring burglaries were committed on Sa-
turday night, during the dense fog, which afforded an
opportunity to the thieves to carry on their depreda-
tions with impunity. In the neighbourhood of Lambeth
and Stamford-street seven houses were broken into and
robbed of property to a considerable amount. Not less
than twenty burglaries have been reported to the police.

his 4ith this favourite object, that he would
think of going Witt oili ,iinner. Then if he goes
pleasuring to Richmond or TWiCll:ent:Frri t,e must dine
at precisely the same hour that he dined the ', ?..,efpre
at his cook-shop or counting-house, otherwise the enjoy-
ment of his trip is 19et• There is not so methodical an
animal in creation as yOtit true apekney, or who has so
completely the art of turning piedstift into business, and
business into pleasure. In the " 111ot'a1 ktenomy of
large Towns," we find some sad, but useful, 041ot/tires
of the state of destitution and demoralization that exists
among the lowest classes in Glasgow. The narrative is
a sickening one, but will not be without its good
effect. The " Visionary" is a strange, 'wild story,
yet it interests, despite its manifest improbability.
" Autobiography of a Duck," is a villainous
collection of incorrigible puns strung together with-
out rhyme or reason. Nothing but an hour in
the stocks will cure a punster. As for remonstrat-
ing with such a sinner, it is hopeless ; we therefore
forbear to criticise. " The Golden Legend" is another
of Tom Ingoldsby's inimitable, humorous fancies. The
lines bound on as nimbly and gracefully as a stag over a
park-lawn, and sparkle with wit and merry conceits.
How many a heart-ache has Toon been the means of
curing with his drolleries! May lie live to the age of
Methusalem, end may the rich wine of his fancy run clear
to the last. NVe subjoin a passage or two from his Lc-

gend :
And see, the portals opening wide,
From the Abbey flows the living tide ;
Forth from the do as
The torrent pours,
Acolytes, Monks, and Friars in scores,
This with his chasuble, that with his rosary,
This from his incense-pot turning his nose awry,
Holy Father, and Holy Mother,
Holy Sister, and Holy Brother,
Holy Son, and Holy Daughter,
Holy Wafer, and Holy Water ,
Every one drest
Like a guest in his best,
In the smartest of clothes they're permitted to wear,
Serge, !ackcluth, and shirts of the same sort of hair
As now we make use of to stuff an arm-chair,
Or weave into gloves, at three shillings a pair,
And employ for shampooing in cases rheumatic,—a
Special specific, I'm told, for Sciatica.

Through groined arch, and by cloister'd stone,
With anoskes and ivy long o'ergrown,
Slowly the throng
Come passing along,
Witt many a chaunt and solemn song,
Adapted for holidays, high-days, and Sundays,—.
Dies ire, and De profundis,
Miserere, and Domine dirige nos,—
Such as, I hear, to a very slow tune are all
Commonly ehaunted by Monks at a funeral,
To secure the drfunet's repose,
And to give a broad hint to Old Nick, should the net NS
Of a prelate's decease bring him there on a cruise,
That he'd better be minding his P's and his Q's,
And not come too near,—since they can, if they choose,
Make him shake in hie hoofs—as he does not wear shoes.
Still on they go,
A goodly show,
With footsteps sure, though certainly slow,
Two by two, in a very long row ;
With feathers, and Mutes
In mourning suits,
Undertaker's men walking in hat-bands and boo's,—
Then conies the Crosier, all jewels and geld,
Borne by a lad about eighteen years old ;
Next, on a black velvet cushion, the Mitre,
Borne by a younger boy, 'cause it is lighter.
Eight Franciscans sturdy and strong
Bear in the midst the good Bishop along ;
Eight Franciscans stout and tall
Walk at the corners, and hold up the pall,
Eight more bold a canopy high over all,
With eight Trumpeters, tooting the Dead March in Saul
Behind, as Chief Mourner, the Lord Abbott goes, his
Monk,. coming after him all with posies,
And white pocket-handkerchiefs up at their noses,
Which they blow whenever his Lordship blows his.
And oh ! 'tis a comely sight to see
How Lords and Ladies of high degree
Vail, as they pass, upon bonded knee,
While quite as polite arc the Squires and the Knights,
In their helmets, and hauberks, and cast-iron tights.

NEW MONTHLY MAGAZINE.
Mr. Theodore Hook's shrewd conceptions of character
have never appeared to greater advantage than in his pre.

scut story of " Fathers and Sons." His Mrs. Smylar,
the intriguing housekeeper of Colonel Bruff, the one
great aim of whose existence is to prevail on her master
to marry her, seems logged down, strictly and literally,
from the impressions of actual life. This artful dame,
with her mingled sycophancy and superciliousness, is,
we incline to think, the most sustained and consistent
portrait that the author has yet drawn. The peculiar
style of her manceuverings, nay, even her very dialogue,
having a truth and appositeness that we at once recog-
nise as genuine. She is cleverly contrasted with her
unsuspecting young mistress, the Colonel's daugh-
ter, in an interview which Mr. Hook describes
with manifest relish in the present chapter. As

narchies, and pcMic and national institutions. Th, t con-
sequ:::.ne is, that the Icrrs of change is encouraged, e bY
those whose laJsitions in tile would scorn to point the to out
as the props and mporters of society. M. Maug; sin is
very intimate with tilt the Bonapartists , the
ficrt'Sicans, and though ht. sthernitely laughs at then Irate i 1
he suppori al.l oppositions, and lanes see men in
in a cleft stick, of .1., impasse.

To thee imperial rule is destined-
4ud thine shall be baronial sway :
May tii;. who hold thee in their guidance,
Endow 61,7 c for another day !

Wheii earthly pomp has pass'd and vanish'd,
And thou', thy worldly. labours done,
Shalt come with other worm." to tremble
Before the one gtersval thrond.
Bright be thy path in peace alai glory,
Worthy of her who rules the free,
And fit to crave froze Him a blessing,
Who died as well for as as thee.
Sir Morgan O'lloherty's three seonets on arc same
subject are much more to our taste, for there is a broad
drollery about them that, without trespassing on pro,
priety, sets all sentiment at defiance. They are capital
November reading, when a man needs the cheering
stimulus of a hearty laugh, if only to stave off awkward
thoughts of suicide. By the bye, we perceive that Sir
Morgan is republishing his periodical articles under the
title of " Magazine Miscellanies." The idea is a pro-
mising one, and will not fail to bring grist to his mill.
In the notice of Grantley Berkeley's last novel, the
critical lash is laid on without mercy. We have not
read the work in question, and therefore cannot speak
to its deserts or otherwise ; but from the extracts given
by the Reviewer, we are not without a suspicion that
it must be sad stuff. " The Thrao Great Epochs" is
a tale founded on the donteetic polities of 1829, when
the passing of the t..latholic Relief Bill occasioned such
heart-burnings among the more ratapant Tories. The
sketch of a fierce old boroughmonger, rho hated the
Papists as intensely as the hates holy rater, is
pnurtrayed with equal truth and breadth of effect.
" Scotch Lairds Forty years ago" turns upon
humours of a halicraztd Highland proprietor, who, in
a fit of rage, compels a rascally attorney to eat a pair
of tallow candles—a pleasant luncheon enough for a
Cossack or an ostrich, but ill-suited, we should imagine,
to the digestion of a Christian attorney—if indeed an
attorney can be said to be a Christian ! The " House
of Uncommons" is a clever quiz upon Select Parlia-
mentary Committees. " Sketches of National Litera-
ture" is an agreeable, rambling essay, not devoid of
scholarship, but expatiating over too ample a field. Had
the author contracted the range of his inquiries, he would
have succeeded better. Much of his criticism
is sound, but there is much also to which
we object. His estimate of Terence, for in-
stance, is too high, that of Plautus too low. A
" divine salt" is certainly not the chiet characteristic
of the former's comedies, which arc remarkable for
little more than a uniform, elegant insipidity. They
never excite you by their vigour or spirit—never make
you laugh to your heart's content. A languid smile is
all that they can extract from you. Not so Plautus,
who, though somewhat of a buffoon at times, abounds
in true humour ; is forcible when force of ilea or ex-
pression is requisite ; and in his play of Amphitryon,
with its grotesque mistakes and surprises, keeps your
risible muscles on the stretch throughout. Speaking
of Cicero, the critic tells us that " his chief anxiety was,
not what to say, but bow to say." This is tersely and
justly put. Of Ovid a very indifferent opinion is ex-
pressed, to the propriety of which we can by no means
assent, fur in point of luxuriant fancy, ease and variety
of expression, and eloquent, animated description, he
is, to our thinking, the first of the Latin poets. His
account of the Pythagorean system is a splendid piece
of declamation interspersed with striking thoughts and
rare touches of feeling ; and as a pathetic, well-sustained
narrative, we prefer his " Ceyx and Halcyone" to the
best episodes in the Georgics or the iEncid. Proper-
tius we give up to the critic's censure, for he is a mere
pedantic humbug, on whom sentiment sits with as ill a
grace as it would on a Hottentot or an Esquimaux. We
cordially agree, too, in the praises bestowed on Tacitus's
Agricola, the pensive and thoughtful beauty of whose
closing passages lay a strong grasp on the reader's
memory. " Pascal and his Friends" is an intelligent
essay varied by extracts from the writings of this emi
nent Frenchman. The " Past Year and Present Pros-
pects" is penned in too inveterate a party-spirit to find
readers without the pale of Toryism. Of course, every
thing that Ministers have done during the last twelve
months is shown to have been wrong ; and a pretty con-
fident opinion is expressed that their genius for blund-
ering is far from being exhausted. From a highly en-
tertaining paper. headed the " Cafe de la Regence," we
quote an anecdote of Napoleon, which we are assured
has never till now appeared in print :
While about to enter upon the famous Polish campaign,
the Emperor was one day playing chess in the Tuileries
with Marshal Berthicr. when the Persian Ambassador was

to George Grindlc, the young fashionable roue,
he is too exaggerated. The sketch, besides, is
much too coarse and ropulsive to please generally. The
colouring should be toned down a little. The " Life
and Adventures of Charles Chesterfield" display a good
deal of cleverness--for what does Mrs. Trollops write
that has not some clever points about it ?—but the tale
is less a representation of daily life than a bold, reckless
caricature. The reason of this is, that the authoress
describes things and persons with which she is but im-
perfectly acquainted, and trusts to a salient, teeming
fancy' to earry,her stieeessfully• through her task. How-
ever this might *iv° answered in the days of
the D'Arblayi, Roehes, and Charlotte Smiths, it will
do no longer. We arc grown fastidious and practical,
and demand truth and some portion of matter•of-fact
even in our boldest fictions. The passing sketch of
the literary lion, Mr. Marchmont, is the best thing that
has yet appeared in the tale ; but even this is not
without a dash of extravagance. " Susceptible People,"

annoui:ced, as requesting an audience. The game was at
an interesting crisis, and Napoleon would no more permit
it to be suspended, than would Charles of Sweden leave
his chess-board when the Turks commenced battering dovin
his house in Bender. Bonaparte ordered the Ambassador
to be shown in, and M. Arnedee Jaubert was commanded
to the presence as interpreter. The Emperor continued
his game with Berthier, overwhelming the astounded Per-
sian with questions all the while, in his usual rapid mode
of asking to gain information. The Mussulman toned it
difficult to plant his replies suitably ; the various topics
bcing,Turkey, Persia, Mohammed, and the Koran; Eastern
harems, wives in sacks, the vaccine, military discipline,
and ten thousand other matters. The Persian, however,
steered his way like the really skilful diplomatist he was.
He exalted Persian institutes to the seventh heaven, or a
little higher, and dwelt especially upon the horse-soldiers
of Espahan, as being the finest cavalry in the world. Na-
poleon good-humouredly disputed the assertion, and inter-
rupted the son of Iraun more than ones ; but the Ambas-
sador constantly returned with his pet cavalry to the charge,
and, getting warmer, by degrees, pronounced his judg-
ment with even more and more decision. " There could
be no doubt about it,—the foot-soldiers of Europe were
otxcellent—but the Persian horse !"—Napoleon laughed
outright as the interpreter rendered the sentences in
French; and, carelessly addressing Jaubert in reply, said,
" Tell him that to-morrow we'll show him a little cavalry
here." The Persian made his salaam, and quitted the
Palace. The long-contested chess-game was not even
then finished. While pondering over the subsequent
moves, the F,mperer found time to issue certain brief
orders upon slips of paper, centralising upon Paris the
instant march of various bodies of horse-soldiers from
their cantonments in the vicinity. Like the knights on the
chess-hoard, ho had them all in his hand. The subject
was not again alluded to ; the game was played out ; but
the next morning saw forty thousand French cavalry defile
before Napoleon and the Persian Envoy, in all tho glitter-
ing pomp of military decoration. Paris beheld that ca-
valry almost for the last time. Moscow awaited them.

by Mrs. Gore, is a sparkling and sagacious essay. In its
terse and compact style it is not unlike Elia. We have
been struck with the worldly wisdom of this remark :
" There is no stronger symptom of insignificance than
to be touchy. The moment a person's position is de- '
finite, he ceases to be anxious concerning the slights
of society ; while those by birthright placed shove the
little impertinences of the little, are incapable of sur-
mising the possibility of affront ; susceptibility on such
points is almost the unfailing symptom of a raw.—
Touchiness is one of the most paltry phases of egotism
and vanity. It is only those with whom self is ever
uppermost, who dream of being touchy." This obser-
vation will remind the reader of that exquisite scene

in
.Farqtthar's Beaux Stratagem, where the vulgar, con
cetted Scrub takes for granted that certain gentlemen
arc talking of him, because " they laughed so con-
sumedly." " Foreign Sporting," by Nimrod, is amusing,
but it is too much spun out. We have enough,
and more than enough, of German and Italian
noblemen's studs of horses. " The Literary Public,'
is the production of a writer of strong common
sense. Few will dispute the justice of this assertion :
The class of average readers has been lowered by the
general spread of education. As useful knowledge
sprang out of Mechanics' Institutes, so the intense,
the blackguard, the lackadaisical, and the insane
have arisen in the attempt to supply the literary demands
of those to wl om nature has denied a susceptible taste,
or who are cut off by poverty from the exercise of a
practised judgment." The " Crown Prince of Hanover"
is very stupid. " A Quarrel with some Old Acquain-
tances' refutes with rare ingenuity the well-known
adage, that " a guilty conscience needs no accuser."
The article throughout evinces tact and quickness of
observation. " A Soiree at Monsieur Guizot's," is hap-
pily timed, and will be generally read and approved.
Here is a personal reminiscence of 'Thiers, as he ap-
peared at one of these soirees :
For a short time there was a pause in the arrivals, when
of a sudden the door opened, and the servant announced
M. Thiers.
The announcement produced some effect, and all ey(s
were turned to the little man as he entered the room. M.
Guizot received him with affability, and at once engaged
him in conversation.
" Que voulez vous? que voulez vous? mon cher Gui-
zot," was soon repeated in a loud and petulant voice by
the new corner ; whilst M. Guizot replied,
" The triumph of order and of the laws."
" C'est hien, c'est bien, et moi aussi," retorted the little
man ; " rnais—" and the rest of the sentence was lost
It was a short debate as to M. Rossi and his bad recep-
tion by the students : no doubt, M. Thiers vindicating not
the students, "but the pressure from without," and M.
Guizot opposing it.
M. Thiers was soon surrounded, he had much tittle-
tattle from the palace, he jumped, he shrugged his
shoulders, he declared the Ministry " incapable," " ab-
surd," " stupid," &c., &c. He sat down, he jumped up,
he stood on his toes, he pulled M. Royer Collard's but-
tonhole (the greatest possible offence to a man of his gra-
vity), he took off his spectacles, he put them on again,
and with his vehemence, exclamations, life, and energy, he
made a sort of emeute in the room No. I , of M. Guizot.
The host preserved his calmness and his dignity, but he
evidently enjoyed the scene. The question was the defeat
of the Ministry at the Chamber of Deputies, and the pro
bablc conduct of the King. " II fee un changement
complet," cried M. Thiers in a passion : and from that
momenta line of conduct was organized which eventually
led to the present state of affairs in that country. The
wise men of the circle looked grave and distrustful ; but
some of the Dukes and Marquisses went into the room
No. 2, and repeated to those there conversing, that
Thiers said there must be a total change."
" M. Jollivet," cried the man-servant, and in walked,
or rather ran, a tall, good-tempered, lively barrister and
Deputy, with a quick tongue, a light step, and ro ordi-
nary portion of animation. He is la
good hater of Tillers,
and he did not hesitate to say so.
" Rely upon it," said M. Jollivet to an English friend,
" that man will bring us all into trouble."
This was his prediction ; we enter not into the question
of whether it has been realized, but leave this to wiser
heads than our own to determine.
" M. Mauguin" was ushered in with all the honours ;
but M. Guizot received him coldly. M. Mauguitt belongs
to his own party, and seldom visits his political antagonists.
He is caustic, clever, a good jurist, and a sort of railer at
the tribune. But on the occasion in question he had voted
with Thicrs and Guizot, and now came according- to cus-
tom, " to enjoy the sport." Political mon in France are
too otters jesting vthen they speak of government 6, mo:

UNITED SERVICE JOURNAL.
The " Battle of Nizib," writter by Mr. J. M. Rus-
sell, late of the Kurdistan expedition, will be read n ith
interest, even after the great events which have taken
place on the coast of Syria. This gentleman having
been an amateur warrior in the camp of Hafiz
had an opportunity of observing the great features of
the coiatest so f4tal to the Turks ; and his account cer-
tainly gives us a very mean idea of the military skill and
foresight of the two leaders. Had Ibrahim Pacha been
opposed by an army much smaller than his own, but
marshalled and led on to battle in proper order, he
could not have stood before it for an hour. His army
was in the greatest disorder. By his oven ac-
count, eight battalions refused to advance, seve-
ral squadrons of horse displayed the same bad feeling,
and while the Egypt4n officers were actually sabring
the recusant soldiers, and the Turks might have gained
the victory by ono decisive charge, many of them only
thought of plunder, and were actually making for the
Turkish camp for that purpose. " Thus," says the
writer, " the field presented the extraordinary sight of
two bodies of armed men recoiling from each other
without exchanging a blow." Some great folly on the
part of the Turkish commander afterwards gave Ibra-
him an advantage, which he seized, and thereby decided
the contest. Altogether, the battle was of the most
contemptible description, and gives us a very unfavour-
able idea of the troops of both Turkey and Egypt.
The account is accompanied with a good plan of the
field of battle (if it deserves the name), which illustrates
the movements of the two wretched armies. Most of
the other articles are of the usual description ; and in
the Editor's Portfolio full tattles are given of the ❑um-
ber and strength of the British fleets in the Mediter-
ranean and Chinese seas.

T4IIT'S MAGAZINE.
The important question of the " Condition of the
Labouring Poor in Scotland," which was commenced in
the last Number of Tait, is resumed in the present one.
The question is reasoned with great care, and the
writer, not satisfied with mere argument, adduces a
multitude of statistic iacts in support of his assertion,
that an immediate, searching, and impartial inquiry is
necessary into the condition of the Scottish poor," which
can no more be efficiently conducted by the Ministers
and heritors of parishes, than any inquiry whatever by
parties strongly interested." The " Sketches of Lill
and Manners" contain more literary reminiscences by
the English Opium Eater, who dwells with markedl
pleasure on his acquaintance with the author of " lon
—the most sterling classic drama of which the present
age can boast—and adds, "Of all the men whom I
ss
have known, after long intercourse with
of the world, the Learned Sergeant is the
Th.
all outward aPpear
who most preserves, tothe businoene

If

ante, the freshness and integrity of his yout...
spirits." The cursory remarks on Junius, in connection
with Sir Phillip Francis, are not the least entertaining
portions of the Opium Eater's Recollection. He is
firmly of opinion that the Right Hon. Baronet was th a
real man in the mask ; and we hold the same faith,
though the question is hardly worth discussing at this
time of day. As an influential author, Junius is filet
I going down hill : and no wonder, for take away his
FRASER'S' MAGAZINE. _ i, ; bitter sarcasm, and love of striking antithesis, and you
It is astonishing what a quantity cf i leave him scarce a leg to stand upon. " St. Stephens.
some bad, and some positively exer7tciating, a lt "
I and the Kirk" is a broad, farcical article thrown into
birth, death, or marriage, is the means Of putting into i
poesy, some_g,o%. _ !
' the form of dialogue. As Tait is usually sparing of
circulation. Here, among divers other chow..." Artie' es; jocularity, we congratulate him on this successful attempt
we have " Stanzas on the Birth of the Princess ii.,'l-01, at the facetious. As a specimen of our Radical friend's
of which the utmost we can say is, that their loyalty' 1 I po ;try, we quote these lines on " Change" :
more to be commended than their fancy or their feeling.' i Change ! change ! The mournful story
The author's muse is indeed no goddess, but a mere Of all that's gone before !
`,waddling old woman, who hobbles along on crutches. The wrecks of perished glory
Ve select the only passable stanzas in the poem : Bestrewing every shore.
Sweet was the song, though small its moment, The shattered tower and palace,
Sung to loved boy by gipsy crone, That frown o'er every glen,
Which told that stream, and hill, and valley, b,-oken language, tell us
Seen from his towers were all his own. 10O.' Y t`e fleeting power of men.
chaba,..,
.; ,:hange ! The scythe is sweeping
O'er n 0,..!. a cottage hearth;
The sickleci n %od is reaping
O'er scmc sc
Sacs of household mirth.
The sheaf is bouts
i where daughters
Round their moth.
Sr used to spin ;
And where little feet . 4id patter
Full often out and in.

Change change ! for all t;;;ngs human !
Kingdoms, statcs of amole.l wing
liaN%v•eitthhethireflmigehatneasntdmfoarltlal
,itnhein(,:nr
:mon
With beauty, love, and passion ';‘
With all of earthly trust;
With life's smallest wavelet, rushing,
Curling, breaking into dust!
.Where arose in marbled grandeur,
The wall'd cities of the past,
The ,sullen winds now wander
O'er a rt.o:i-huddled waste.
Rent is the pa;ac” Eplendid ;
The owl, in si:s;Cee, wings
where, e;' '-Attended,
faced O'er floors,
the satidalleci.,%et of kings.

Still change ! Go thou Lid yiew it,
All desolately sunk :
The circle of the Druid
The cloister of the monk ;
The abbey, holed and squalid,
With its grass-maned staggering sln. 'U.
Ask by whom these were unhallowed--
'Ter as Change that did it all.

But Mind, the ever_ living,
From Time's each succeding birth,
Will receive some more of heaven,
Will retain some less of earth.
Mort of truth, and less of error;
Less of hate and more of love;
Till the vcqrld below shall mirror
4!11 the pu,ity above.

CAMBRIDGg L'IVI'YELRSI7'Y MAGAZINE.
We like the spirit and t.`oo f this young Megazine.
which, if it continue to be ck.'udn,ated as ably as it hags
hitherto been. bids fair to attain ;Jr a very respectable,
longevity. Though dated from a Uzio.ne of the pe.-
uversity, there isa
-a
:no undue assumption of learning in
,things are more
dantry of scholarship, than which few'
repulsive, especially in periodical literat cc. 'The first;
article is a Epirited protest against the sya.'cm pursued
at. Cambridge of compelling candidates far i.'""rs
pass through a certain mathematical examivatin. a, before:
they try for the iii,lhest classical prizes. Some y.ll ears
ago—say fifteen or twnty—this system was very t.'lguY
enforced ; but it is now, we understand, greatly re 7
4 that it were abolish ed
lazed. It were to be wishi,
altogether. Classical and mathomat:cal studies are Cut
good yoke•fellows. They do not draw well together,:
though we grant that there are son'lli pple.-idid exceptions
to the contrary. The refined and devoted `aiste that ap-
preciates the beauties of the Greek drama: fists and the
Latin poets is apt to turn with a shudder fi'ol.
close, matter-of fact problems of Euclid ;the dry,
a.' to take
fright at the bare mention of that most perple.xing and
crabbed of sciences—Algebra. And yet before
d
a gra-
duate can aspire to the honours of the Craven sci.'(!ir-
ship or the Medal, he must have swallowed—and,* if
possible, digested—no slight quantity of mathematic s
Surely this is about as unreasonable as to force a ma xl
who is qualifying himself for a medical diploma to un-
dergo a previous examination in theology ! .4 Some
Passages from the Life of a Wandering Irishman" are
too flippant ; and what is worse, their flippancy is cora-
mon-place. " Ode to Bacchus" is a vigorcus, elegant,
and tolerably faithful, translation from Eur'picles. The
" Queen of the South" is humorous, but the h 'amour is
rather overdone. " Literature and the Arts b.s they
now arc," is a shrewdly reasoned prose essay—int:eed is
the cleverest contribution in the Number.