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will is no crime at all. So that, to constitute a Now it appears that no inconsiderable share crime against human laws, there must be first a of the labour and embarrassment, frequently exvicious will, and secondly, an unlawful act con-perienced in the formation and administration of sequent upon such vicious will.
penal laws, would be avoided by discarding the “ Now there are three cases in which the will vindictive or expiatory principles involved in does not join with the act: 1. Where there is a our penal codes, and founding them entirely upon defect of the understanding. For where there is a conservative and restorative basis. no discernment, there is no choice; and where It is well known that when persons charged there is no choice, there can be no act of the with 'capital crimes are brought upon trial, and will." The other cases do not apply to our the charge is likely to be sustained, the counsel purpose.
for the defendant frequently resorts to the plea The Judge proceeds to discuss the cases in of insanity, and there is ample reason to believe which a defect of understanding may be pre- that this plea is often overruled or disregarded, in sumed to exist, so as to exempt the actual vio- cases wherein it is entirely correct. Since I lator of the law from its usual penalties. Here began writing this article, I have heard of a man infancy, idiocy, and lunacy are examined, and recently executed for murder in a neighbouring some nice distinctions are made or attempted in state, whose insanity was ascertained by a post relation to the degree of mental imbecility, mortem examination. And here let me add, that which can be urged as an available excuse for if criminals must be executed, it seems desirable the commission of crimes. The decision, how that they should be subjected to subsequent inever, turns upon the single point, how far the spection, so as to furnish such warning to legisoffender is competent to understand the nature lative and executive authorities as their cases and extent of the crime. The degree in which might supply. There is no doubt that executions the safety of society may be affected by the va-thus followed by strict scientific investigation, rious shades of rationality in the mind of the cul- would sometimes exhibit evidence of insanity prit is not examined. It seems to be tacitly ad- not previously suspected, and produce a more mitted that the degree of consciousness, which powerful effect in diminishing the number of must unquestionably render an individual ac- judicial murders, than the example of these countable to his Maker, is that which must also punishments ever has had in the prevention of subject him to punishment by human authority. murder without law.
E.L. Is not this to usurp the prerogative which had
(To be continued.) been expressly disclaimed? It is true that in adjusting the penalties to be awarded to particular violations of law, the probable conse
PROLIFIC ROSE BUSH.* quence of such violation is frequently brought into view, yet the principle is generally admitted
The writer having in his possession a Greville in civil society, that actions which do not indi- rose, of almost unprecedented luxuriance and cate a high degree of moral depravity, ought not beauty, and believing there are many subscribers to be visited by rigorous penalties. Justice is to “ Friends' Review,” who would feel interestsaid to forbid it. But by what mode of reason-ed, and perhaps gain some instruction from the ing do we arrive at the conclusion that justice treatment of his, it has induced him to offer the authorizes the infliction of severe punishment by following for publication. human authority in cases of manifest depravity, The bush was transplanted to its present how atrocious soever? The opinion can scarcely place, in the spring of 1844, and during that be defended upon any other principle than the summer attained the height of 33 feet; it has supposition that the punishment is expiatory. since spread, and now completely covers 104 The radical idea appears to be that the man, who, square yards of the stone dwelling to which it is with a correct perception of moral obligation, is attached. guilty of crimes, deserves' to suffer. The truth Early in the spring it was trained closely to of the proposition is not denied ; but the import- the building by means of wire, afterwards trimming ant question arises, who is to judge of the clear- off the small lateral branches within 6 or 8 inches ness and force of that perception, and of the of the wall, and when in leaf, concealing the measure of suffering which justice demands ? wires, and giving it the appearance of a clinging The answer is easy and conclusive. The Wisdom creeper ; it is at present filled with roses, and which fathoms the depth of the human heart, having carefully counted them, I found it contained and weighis the motives as well as the actions of 1020 clusters, averaging 5 or 6 flowers each, of men. Human tribunals have little concern with different colours, making the almost incredible the moral depravity by which actions are pro- number of five or six thousand roses from a duced, except as indications of the means to be single bush. It has a southern exposure, though adopted, for the security of society, and the reformation of the offenders.
* A friend of the editor in this city, informs him that he had, on a fine Greville rose bush in his yard,
this season, a beautiful cluster of thirty-two perfect • Commentaries, Vol. 4, p. 20.
For Friends' Review.
For Friends' Review.
Now it appears that on elan of the labour and embereket perienced in the formater el penal laws, would be avoided to be indictive or espiador para ur penal codes, and hortigiana conservative and restarzane bei It is well known that we are th capital crimes are loc de
charge is likely to be comes
the defendant frequently see unsanity, and there is ampe
this plea is often overed in = wherein it is entre care
effect in dimultan 1 erders, than the em s ever has had in der out law.
(To be ratio)
much shaded by trees, the soil dark and rich; the oath of supremacy,* and thus it was that our and almost constantly moist.
K. friends were brought under the operation of these Deer Creek, Md., 6th mo.-13th, 1848. cruel enactments, although wholly innocent of the
offence at which they were aimed. Their conscientious refusal of all oaths, subjected them to
penalties which sometimes involved the loss of PRÆMUNIRE.
life itself, many of them dying in prison, from
which there was under the law no escape but by It has probably happened to others, as well as the direct interposition of the monarch. C. myself, to feel the want of accurate information as to the meaning of this expression, which so
From Chambers's Edinburgh Journal. often occurs in the Journals of our early Friends.
DRY FOGS. “ To run them to a præmunire,” was a very common expedient of their persecutors, and, per- admits of an easy and natural explanation, as
The ordinary aqueous meteor called fog,' a writing this article, I love that haps, a brief explanation of the origin of the ly executed for purde 15 term, and the penalties resulting from the applica- held by the air in diffusion, and deposited in the
produced by the precipitation of watery vapour, vhose insanity was kerana
tion of the statute, may afford to some an illuson examination. And ber tration of the malice of their enemies, as well as
form of opaque spherules of water. Although
men of science have disagreed on the subject, nals must be ereti, ID of the sufferings of these excellent men. The word is derived from the terms with
it appears most probable that the vapour, in its y should be subjected to cart which the writ begins" Præmunire facias,” of water, containing each a liule-spherule of air.
precipitation, forms minute vesicles or bladders , so as to furnish sera
cause A. B. to be forewarned, that is to appear The direct causes of such phenomena are, withad executive authorize at
to answer for a contempt. Its origin is thus expply. There is no dude!
plained: The Roman See having set up claims out doubt, principally disturbances of atmoswed by striet sientales to certain ecclesiastical preferments in England, pheric temperature, often, probably, the inter
' metimes exhibit ende I these pretensions were resisted by Edward I.
a pusly suspected. 2017 and his succsssors, by imposing penalties upon warm, water-laded stream of air from the south
those who recognized them. By the statutes of or south-west. The peculiar, defiling, worldRichard II., the penalties imposed for this
renowned opacity of a' metropolitan fog—a offence, were the putting out of the king's pro- Ber'—is undoubtedly attributable to the infusion
genuine one, that is to say, the pride of Novemtection, a forfeiture of lands and goods to the king and attachment of the person ; the writ for of the smoke of a million chimneys. It has been the execution of these statutes, commencing as
clearly shown that carbonaceous particles posabove mentioned, the word "præmunire," by sess a great avidity for the absorption of different one of those singular corruptions, which seem to vapours and gases. Absorbing, then, the excesindicate the poverty of the language of the law sively saturated air, they become doubly increasin those days, came to signify not only the writ, ed in weight; and consequently, instead of disbut the offence itself of maintaining the papal sipating by the ordinary process, they sink down, power. As the strise between the see of Rome covering the great city with their hateful odours.
These few preliminary remarks are necessary, and the English monarchs continued, various additions were made to the offenees included because it is of importance to distinguish beunder this term ; all, however, having direct retween the phenoinena classed under the general
• It is thus ference to the introduction of a foreign spiritual jurisdiction into the realm. The recognition of nary acceptation of the term, is simply a hydrosuch jurisdiction was considered to be an offence meteor, connected often, though probably not immediately against the king, because it was a
invariably, if we give credit to M. Peltier, with
Dry fogs, distinguished from the above in penalties were extremely severe. They are thus origin and in character, cannot well be described, suinmed up by Coke: “ That from conviction, except from the appearances which attend them. the defendant shall be out of the king's protec
A mass of air appears of a dim blue colour ; the tion; and his lands, tenements and chattels for- azure of the sky has lost its ordinary purity of feited to the king, and his body shall remain in When Henry VIII., renounced the authority of the prison at the king's pleasure;" and he declares, pope, an act of parliament was obtained, declaring that so odious was this offence of præmunire, him the only supreme head of the church of England, that a man that was attainted of it, might be slain on the earth; and utterly abolishing the authority of
the Roman pontiff, within the British dominions. The by any other man without danger of the law; oath of snpremacy, was an engagement to observe the although this is denied by later authority, yet it is requisitions of this act; an acknowledgment of the admitted that a person so situated can bring no king and his successor as the supreme head of the action for any wrong, how atrocious soever, and F.nglish church on earth, and a renunciation of the auno man can with safety give him aid or relief. thority of the Bishop of Rome. The act establishing
the supremacy of the king, was repealed in the time of In the reign of Elizabeth, the pains of præmu- Mary, but revived upon the accession of Queen Elizabire were imposed upon persons refusing to take l beth.
For Prirode COLIFIC ROSE NE haring in his peuse si unprecedented as ering there are mus eriew," sho made gain some insta it has indard igi lication.
transpira11 ng of 1844. 3. he height of 2 now court scope dut xt
g it FT IN THE EVE inches Tier 7 in kali appezzz1 di teclis 5 or is
tone, and appears muddy; objects at any dis- markably gloomy and uncommonly disturbed tance are either altogether removed from sight, state of the atmosphere. Dr. Darwin adds his or are shrouded in a delicate mantle of light-blue; testimony, and declares that the air was quite
a the sun at mid-day is shorn of much of its bril- muddy, and the sun for many weeks obscured liancy, and its aspect is no longer golden, but by dry rog, so as to appear blood-red. At the reddish ; as it nears the horizon, the unprotect- same time that it mantled over England, it ed eye can look on it without annoyance, and shrouded Paris ; and travellers who had just sometimes, if the dry fog is dense, it is lost to come from Rome, declared it to be just as thick sight before it dips in reality beneath the distant and hot in Italy; and even the summits of the hills; lastly, there is often a peculiar odour per- highest Alps were covered with it. Travellers ceptible, and electrical and even volcanic pheno- from Spain affirmed the same of the condition of mena are often prevalent about the same time. the air in that country. , • At Dover,' says a conOccasionally dry fog reaches an intensity great temporaneous account, the oldest man living enough to attract public observation, and even to could not remember any fog of so long a continuclaim record in the works of historical authors. ance;' and it was stated that for weeks the oppos In 1557, after a very hot July, August, and Sep- site shore could not be descried. On the 10th tember, thick, ill-smelling fogs made their appear of June, it appears to have reached an extraordiance, and were much noted, by reason of the nary height at Lincoln. A thick, hot vapour alarming circumstances which followed in their filled for several days the valley between the hill train. În 1733, a still more extraordinary phe- on which the upper town stands and that which nomenon occurred in France. According to De descends from the heath; so that, to borrow an Jussieu, .fogs more dense than the darkness of expression of the time, the sun and moon apa Egypt, and of a most offensive odour,' covered peared • like heated brick-bats,' and as they are the land, and filled the inhabitants with conster- sometimes seen through a morning fog in the nation. History also makes mention of a simi- metropolis. The captains of vessels from the lar phenomenon which occurred in England at Archipelago and Mediterranean, declared that the time of the dreadful earthquake which shook the fog was equally dense in these generally the city of Lisbon to ruins. This fog lasted for transparent regions; and navigation became es. eight days, and for density and opacity, had not cessively hazardous in consequence. This ex. been equalled for a century previously. In Oc-traordinary phenomenon produced the greatest tober, 1775, the district of Galloway, in Scot- alarm. The churches, and cathedrals, and saints' land, was visited by a dark, dense fog, which shrines on the continent, were crowded with had the extraordinary duration of five weeks. panic-stricken multitudes, who augured from it It was accompanied with a particularly dis- the immediate dissolution of the present order of agreeable sinoky smell, but with very little rain : things. In England, serious impressions of a the wind continued pretty steadily from the similar kind, though differently manifested, were south-east. During the whole period of its con- awakened, and many sober-minded Christians tinuance, the sun was almost wholly obscured. believed the end of the world to be at hand. la It appears probable that this fog hád travelled Paris there was the greatest consternation. M. northward from France, as the autumn of thc de Lalande, the eminent member of the Royal same year had ushered thick and noisome fogs, French Academy of Sciences, sought to allay the with concurrent maladies, into that country. panic, and published a letter to the editors of
We believe, however, that not since the dawn several journals, conveying his views upon the of history has any dry fog been so remarkable probable cause of the phenomenon. He stated as that of the years 1782 and 1783. This phe- that a dry fog, of a somewhat similar character, nomenon, in fact, deserves a most conspicuous though of course far more circumscribed, had place among the memorabilia of meteorology; appeared in 1764, and was followed by storms its like has never been seen since, nor is there and hail. Such, he predicted, would very likely any account of a similar one before. It appeared be the conclusion of the present visitation; and in the form of a pale blue haze; it was most the event showed that he was correct. The dense at noonday; at a little distance, objects grounds on which he thus attempted the solution were totally lost sight of; the sun, at his meri- of the difficulty will be presently stated. dian, looked of a blood-red colour; it was said to The most tremendous volcanic and electrical possess an indescribably peculiar odour ; drying phenomena co-existed with the fog of 1783, and properties of a certain kind were also attributed succeeded to it. Calabria was rent by a devasto it; and it was believed to have deposited in tating earthquake, and in Iceland a volcanie some places drops of a viscid, acrid liquid. eruption of unparalleled violence took place, the The most remarkable fact was its enormous lava-stream of which desolated a large tract, and tract of distribution. It covered the immense burnt up seventeen villages. The thunderregion extending from Lapland to Africa! Dr. storms were of terrific energy. One of the Hamilton writes, that in England, from the 1st principal cities in the north of Hungary was de of January to the end of May, and especially in stroyed. The lightning struck it in nine different the latter weeks of that period, there was a re- places, setting the city on fire in every direction,
and it was thus burnt to the ground. In many parts of Germany churches were struck, public edifices seriously damaged, and powder-maga- was much addicted to smoking tobacco. She
There is a story told of a pious lady, who zines blown up. Silesia was distracted with a succession of similar catastrophes,
and experi- had indulged
herself in this habit until it had in
ad experi- creased so much upon her, that she not only enced in addition the terrors of devastating water- smoked her pipe a large portion of the day, but floods. In France, storms of wind laid the country waste, and the harvest of ten domains frequently sat up in bed for this purpose in the was altogether destroyed by tempests of hail. night. After one of these nocturnal entertainIn England the rain was awful. In the course
ments, she fell asleep, and dreamed that she of twenty days, at least eighteen deaths took angel, she asked him if her name was writen in of twenty days, at least eighteen deaths took died, and approached heaven. Meeting an place by lightning-stroke ; not to mention a very the book of life. He disappeared ; but replied, large number of persons who were struck, but escaped death. In the county of Norfolk, one said she, “ do look again ; it must be there."
upon returning, that he could not find it. 60,” farmer lost forty sheep, and several horses, by. He examined again ; but returned with a sorthe electric fluid ; the destruction of live-stock in other counties was very great. - Fire-balls fell
rowful face, saying that it was not there ! upon many houses, destroying them, or setting
“0," said she, in agony, “it must be there! them on fire, and causing the deaths of the inha- I have an assurance that it is there! Do look bitants. The shipping was struck, and many once more !" The angel was moved to tears lives lost; mills were burnt to the ground; by her entreaties, and again left her to renew his mansions and cottages alike were smitten with search. After a long absence, he came back, the ruin-dealing bolts. The thunder rolled its his face radiant with joy, and exclaimed, “ we deep tones incessantly over the affrighted have found it! we have found it! but it was country, and appeared to intimate the arrival of so clouded and covered with tobacco smoke, that more terrible judgments.' The lightning assumed we could hardly see it!” The good woman, the most fantastic forms, sometimes globular, upon waking, immediately threw her pipe a way, sometimes in broad sheets, and sometimes as if and never indulged in smoking again. it were emitted from the mouth of a cannon. The rains which followed wore unusually heavy, and many districts were laid deep under water.
THE GREAT REFINER. In the year 1814, a similar obscuration of the air took place, though of a more limited extent, and accompanied by excessive cold. In the metropolis and in Dublin the darkness was ex
'Tis sweet to feel that He who tries treme; probably much more so than in the case
The silver, takes his seat
Beside the fire that purifies; just referred to. Many persons perished by
Lest too intense a heat, ; walking into canals and rivers. At the Dublin Raised to consume the base alloy, post-office, in consequence of the condition of The precious metal too destroy. the atmosphere preventing their transport, it was calculated that at least ten tons of newspapers
'Tis good to think how well he knows lay waiting for fair weather. Persons who
The silver's power, to bear
The ordeal through which it goes ; charitably undertook to guide others through the
And that, with skill and care, dim air, were like the blind leading the blind;
He'll take it from the fire, when fit and the proverbial catastrophe in more than one For his own hand to polish it. instance followed. The atmosphere of the year 1831, that much-to-be-remenbered period, ex
'Tis blessedness to know that He hibited a similar foggy condition, but of less in
The piece he has begun
Will not forsake, 'till He can see, tensity, and apparently assimilating closer in
To prove the work well done, character to that of 1782-3. Dr. Hancock
An image, by its brightness shown, states that he was informed by an intelligent The perfect likeness of his own. captain of a sailing-vessel that he could not remember for thirty years such a condition of the But ah! how much of earthly mould, air as occurred at that time; and added, that he
Dark relies of the mine,
Lost from the ore must He behold, had not made one voyage free from fog for the
How long must He refine, past eighteen months. In 1834, says the me
Ere in the silver He can trace teorologist Kæmtz, a dense dry fog was ob
The first faint semblance to his face ? served, which covered a very large portion of Germany.
Thou great Refiner! sit thou by
Thy promise to fulfil, (To be continued.)
Moved by thy hand, beneath thine eye,
And melted at thy will, It is said there are now forty-five hundred,
O may thy work forever shine, miles of rail-road in operation in the U. States, Reflecting beauty pure as thine.
BY H. F. GOULD.
LIBRARIES IN THE UNITED STATES.
been elected President, and has declined, and that According to a table compiled from the re
the ratifications of the Treaty were exchanged on
the 30!h of 5th mo. The American troops had searches of a literary gentleman of New York, commenced their homeward march. Commissioner there are in the United States no less than 245 Sevier was expected to return home shortly, while public libraries. The aggregate number of vol. Clifford would remain as resident Minister. umes is set down at 2,351,860. It appears that EUROPE.-The Britannia brings news from Liver. the state of New York has 33 libraries, with pool to the 10th ult. The Bank of England was 174,000 volumes; Pennsylvania, 32 libraries, discounting on approved securities at 3 per cent. with 176,100 volumes ; Massachusetts, 30 libra- Cotton, Flour, Wheat and Corn had all receded in ries, with 203,000 volumes; Ohio, 23 libraries, have, it appears, agreed io unite in one society, to
price.' The contending parties of Irish Repealers with 68,000 volumes; Maryland, 11 libraries, be called the Irish League, and to agita fe the queswith 54,200 volumes; the District of Columbia, tion of repeal by constitutional means alone. The 9 libraries, with 75,000 volumes, and the other sale of Mitchell's furniture and household goods states smaller numbers. Rhode Island, in pro. attracted an immense attendance, and the articles portion to her population, has the largest num
were purchased at extremely high prices, as relics. ber of volumes of any state in the Union.
The French Assembly had passed a decree for preventing tumultuous assemblies in the streets.
The demand of the Procureur General for leave to Wit is brushwoud ; judgment is timber. The prosecute Louis Blanc on the charge of participating first makes the brightest flame, but the other in the insurrection of the 15th of 5th month, was gives the most lasting heat.
rejected by a vote of 369 to 331. Thiers and Louis Bonaparte are among the candidates recently
elected to fill vacancies in the Paris representation SUMMARY OF NEWS.
in the Assembly. In Brunswick (Germany) a law
has been promulgated, abolishing all disqualificaCONGRESS.-Senate, The Indian Appropriation tions on account of religion, and another repealing Bill, a bill to prevent the importation of adulterated the prohibition of intermarriage between Jews and drugs, and a joint resolution, authorising the pre- Christians. Italy. ---Peschiera surrendered to the sentation of a series of United States weights and Sardinians on the 30th, and on the same day a measures to the Government of France, have been battle took place at Goito, on the Mincio, between passed. On the 21st ult. a bill was reported from (as reported) 15,000 of the Italian troops and 30,000 the Post Office Committee, providing for the esta- Austrians, the latte having sallied out of Mantua, blishment of a uniform rate of postage, fixing letter The Austrians were completely defeated. , At postage at three cents, or five cents if not prepaid; Milan, on the 29th, a mob seized on the members and newspaper
at one cent, or if not prepaid, two of the Provisional Government and proclaimed a cents. On the 24th, a resolution, offered by !. P. Republic and a new Provisional Government; but Hale, instructing the Committee on the District of they were quickly dispersed by the National Columbia to report a bill for the abolition of Slavery Guard, and their leaders arrested. The ballot in the District, was voted down by yeas 7, nays 36. taken in the duchy of Parma, on the question of On the 26th the Senators from the new State of annexation to Sardinia, had resulted in favour of Wisconsin-Henry Dodge and J. P. Walker-took the annexation, by 37,250 votes out of 39,703. It their seats.
is said that Sicily has also made proposals for an. POLITICAL.—The Convention of the " Barnburn.
nexation. A formidable rising was expected ers” of New York, held at Utica on the 22d and shortly to take place in the kingdom of Naples. I: 23d ult., is represented as large and enthusiastic. is reported that the province of Calabria is already Martin Van Buren was nominated by acclamation in full insurrection, and that the Sicilians were for President, and Henry Dodge, of Wisconsin, for crossing over to join the insurgents. It appears Vice President. A letter from M. Van Buren, in there is a movement on foot among the Servians of reply to one addressed to him by some of the late Southern Austria and Northern Turkey, including delegates to Baltimore, was read. He takes de Croatia, Dalmatia, Illyria, &c., for national indecided ground in favour of free territory and the pendence-that the people are arming, and have Wilmot Proviso, and says, “I do therefore unhesi- called together a numerous Congress or Diet. tatingly approve of the course you propose to pursue, in withholding your votes from Gov. Cass, and
WEST-TOWN SCHOOL. shall do so myself. If no other candidates than those now before the country are presented, I shall
The Committee who have charge of this Institunot vote for President.” A Convention composed tion are desirous of employing a competent Friend of men of all parties, opposed to the extension of to teach Latin and Greek in the Boys' Department. slavery into free territory, and opposed to the nomi. Application may be made to Nathan Sharpless, nees of the Whig and Democratic parties, met at Concord, Pa.; Samuel Hilles, Wilmington, Del. Columbus, Ohio, on the 21st ult, and adjourned on Charles Yarna), Philadelphia, or Thomas Evans, the 22d. "The telegraphic report says, “ There Haverford, Delaware county, Pa.—They also wish were about 400 delegates present, who adopted a to engage the services of a Reading Teacher in the strong address and resolutions favouring a separate Boys' School. Apply to Samuel Beitle, Philadel. organization, and a National Convention to meet at phía; Nathan Sharpless; Joel Evans, Springfield;
tf Buffalo on the 9th of August to nominate a Free or Thomas Evans, Haverford. Territory candidate for the Presidency; ... The Convention resolved to support none but Wilmot IFA Friend with a small family wishes to Proviso men, for Congress or the Legislature." obtain a couple of boarders. Apply next door
Mexico.-It appears that General Herrera has below No. 163 Wood street above Tenth.