will is no crime at all. So that, to constitute a crime against human laws, there must be first a vicious will, and secondly, an unlawful act consequent upon such vicious will. 66 Now there are three cases in which the will does not join with the act: 1. Where there is a defect of the understanding. For where there is no discernment, there is no choice; and where there is no choice, there can be no act of the will."* The other cases do not apply to our purpose. The Judge proceeds to discuss the cases in which a defect of understanding may be presumed to exist, so as to exempt the actual violator of the law from its usual penalties. Here infancy, idiocy, and lunacy are examined, and some nice distinctions are made or attempted in relation to the degree of mental imbecility, which can be urged as an available excuse for the commission of crimes. The decision, how ever, turns upon the single point, how far the offender is competent to understand the nature and extent of the crime. The degree in which the safety of society may be affected by the various shades of rationality in the mind of the culprit is not examined. It seems to be tacitly admitted that the degree of consciousness, which must unquestionably render an individual accountable to his Maker, is that which must also subject him to punishment by human authority. Is not this to usurp the prerogative which had been expressly disclaimed? It is true that in adjusting the penalties to be awarded to particular violations of law, the probable consequence of such violation is frequently brought into view, yet the principle is generally admitted in civil society, that actions which do not indicate a high degree of moral depravity, ought not to be visited by rigorous penalties. Justice is said to forbid it. But by what mode of reasoning do we arrive at the conclusion that justice authorizes the infliction of severe punishment by human authority in cases of manifest depravity, how atrocious soever? The opinion can scarcely be defended upon any other principle than the supposition that the punishment is expiatory. The radical idea appears to be that the man, who, with a correct perception of moral obligation, is guilty of crimes, deserves to suffer. The truth of the proposition is not denied ; but the important question arises, who is to judge of the clear ness and force of that perception, and of the measure of suffering which justice demands? The answer is easy and conclusive. The Wisdom which fathoms the depth of the human heart, and weighs the motives as well as the actions of men. Human tribunals have little concern with the moral depravity by which actions are produced, except as indications of the means to be adopted, for the security of society, and the reformation of the offenders. Now it appears that no inconsiderable, share of the labour and embarrassment, frequently experienced in the formation and administration of penal laws, would be avoided by discarding the vindictive or expiatory principles involved in our penal codes, and founding them entirely upon a conservative and restorative basis. It is well known that when persons charged with capital crimes are brought upon trial, and the charge is likely to be sustained, the counsel for the defendant frequently resorts to the plea of insanity, and there is ample reason to believe that this plea is often overruled or disregarded, in cases wherein it is entirely correct. Since I began writing this article, I have heard of a man recently executed for murder in a neighbouring state, whose insanity was ascertained by a post mortem examination. And here let me add, that if criminals must be executed, it seems desirable that they should be subjected to subsequent inspection, so as to furnish such warning to legislative and executive authorities as their cases might supply. There is no doubt that executions thus followed by strict scientific investigation, would sometimes exhibit evidence of insanity not previously suspected, and produce a more powerful effect in diminishing the number of judicial murders, than the example of these punishments ever has had in the prevention of murder without law. (To be continued.) For Friends' Review. PROLIFIC ROSE BUSH.* E. L. The writer having in his possession a Greville rose, of almost unprecedented luxuriance and beauty, and believing there are many subscribers to "Friends' Review," who would feel interested, and perhaps gain some instruction from the treatment of his, it has induced him to offer the following for publication. The bush was transplanted to its present place, in the spring of 1844, and during that summer attained the height of 33 feet; it has since spread, and now completely covers 104 square yards of the stone dwelling to which it is attached. Early in the spring it was trained closely to the building by means of wire, afterwards trimming off the small lateral branches within 6 or 8 inches of the wall, and when in leaf, concealing the wires, and giving it the appearance of a clinging creeper; it is at present filled with roses, and having carefully counted them, I found it contained 1020 clusters, averaging 5 or 6 flowers each, of different colours, making the almost incredible number of five or six thousand roses from a single bush. It has a southern exposure, though *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 flowers. much shaded by trees, the soil dark and rich, and almost constantly moist. K. Deer Creek, Md., 6th mo.-13th, 1848. For Friends' Review. PRÆMUNIRE. It has probably happened to others, as well as myself, to feel the want of accurate information as to the meaning of this expression, which so often occurs in the Journals of our early Friends. "To run them to a præmunire," was a very common expedient of their persecutors, and, perhaps, a brief explanation of the origin of the term, and the penalties resulting from the application of the statute, may afford to some an illustration of the malice of their enemies, as well as of the sufferings of these excellent men. The word is derived from the terms with which the writ begins-"Præmunire facias," cause A. B. to be forewarned, that is to appear to answer for a contempt. Its origin is thus explained: The Roman See having set up claims to certain ecclesiastical preferments in England, these pretensions were resisted by Edward. I. and his sucesssors, by imposing penalties upon those who recognized them. By the statutes of Richard II., the penalties imposed for this offence, were the putting out of the king's protection, a forfeiture of lands and goods to the king and attachment of the person; the writ for the execution of these statutes, commencing as above mentioned, the word "præmunire," by one of those singular corruptions, which seem to indicate the poverty of the language of the law in those days, came to signify not only the writ, but the offence itself of maintaining the papal power. As the strife between the See of Rome and the English monarchs continued, various additions were made to the offences included the oath of supremacy, and thus it was that our friends were brought under the operation of these 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 life itself, many of them dying in prison, from which there was under the law no escape but by the direct interposition of the monarch. C. From Chambers's Edinburgh Journal. 'DRY FOGS. admits of an easy and natural explanation, as The ordinary aqueous meteor called 'fog,' produced by the precipitation of watery vapour, held by the air in diffusion, and deposited in the form of opaque spherules of water. Although men of science have disagreed on the subject, it appears most probable that the vapour, in its of water, containing each a little spherule of air. precipitation, forms minute vesicles or bladders The direct causes of such phenomena are, without doubt, principally disturbances of atmospheric temperature, often, probably, the intermixture of a cold current from the north, with a warm, water-laded stream of air from the south or south-west. The peculiar, defiling, worldrenowned opacity of a metropolitan fog-a ber-is undoubtedly attributable to the infusion genuine one, that is to say, the pride of Novemof the smoke of a million chimneys. It has been clearly shown that carbonaceous particles possess a great avidity for the absorption of different vapours and gases. Absorbing, then, the excessively saturated air, they become doubly increased in weight; and consequently, instead of dissipating by the ordinary process, they sink down, covering the great city with their hateful odours. These few preliminary remarks are necessary, because it is of importance to distinguish beunder this term; all, however, having direct re-head fog. It is thus seen that fog, in the orditween the phenomena classed under the general ference to the introduction of a foreign spiritual jurisdiction into the realm. The recognition of such jurisdiction was considered to be an offence immediately against the king, because it was a diminution of the authority of the Crown. Hence, in those times of arbitrary power, the penalties were extremely severe. They are thus suinmed up by Coke: "That from conviction, the defendant shall be out of the king's protection; and his lands, tenements and chattels forfeited to the king, and his body shall remain in prison at the king's pleasure;" and he declares, that so odious was this offence of pramunire, that a man that was attainted of it, might be slain by any other man without danger of the law; although this is denied by later authority, yet it is admitted that a person so situated can bring no action for any wrong, how atrocious soever, and no man can with safety give him aid or relief. In the reign of Elizabeth, the pains of præmunire were imposed upon persons refusing to take nary acceptation of the term, is simply a hydrometeor, connected often, though probably not invariably, if we give credit to M. Peltier, with electric phenomena. Dry fogs, distinguished from the above in origin and in character, cannot well be described, except from the appearances which attend them. azure of the sky has lost its ordinary purity of A mass of air appears of a dim blue colour; the * When Henry VIII., renounced the authority of the pope, an act of parliament was obtained, declaring him the only supreme head of the church of England, on the earth; and utterly abolishing the authority of the Roman pontiff, within the British dominions. The oath of supremacy, was an engagement to observe the requisitions of this act; an acknowledgment of the king and his successor as the supreme head of the English church on earth, and a renunciation of the authority of the Bishop of Rome. The act establishing the supremacy of the king, was repealed in the time of Mary, but revived upon the accession of Queen Elizabeth. ED. 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 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 fog, 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 oppoIn 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. In 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 apEgypt, 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 exeight days, and for density and opacity, had not cessively hazardous in consequence. This exbeen equalled for a century previously. In Oc-traordinary phenomenon produced the greatest tober, 1775, the district of Galloway, in Scotland, was visited by a dark, dense fog, which had the extraordinary duration of five weeks, It was accompanied with a particularly disagreeable smoky smell, but with very little rain: the wind continued pretty steadily from the south-east. During the whole period of its continuance, the sun was almost wholly obscured. It appears probable that this fog had travelled northward from France, as the autumn of the same year had ushered thick and noisome fogs, with concurrent maladies, into that country. We believe, however, that not since the dawn of history has any dry fog been so remarkable as that of the years 1782 and 1783. This phenomenon, in fact, deserves a most conspicuous place among the memorabilia of meteorology; its like has never been seen since, nor is there any account of a similar one before. It appeared in the form of a pale blue haze'; it was most dense at noonday; at a little distance, objects were totally lost sight of; the sun, at his meridian, looked of a blood-red colour; it was said to possess an indescribably peculiar odour; drying properties of a certain kind were also attributed to it; and it was believed to have deposited in some places drops of a viscid, acrid liquid. The most remarkable fact was its enormous tract of distribution. It covered the immense region extending from Lapland to Africa! Dr. Hamilton writes, that in England, from the 1st of January to the end of May, and especially in the latter weeks of that period, there was a re alarm. The churches, and cathedrals, and saints' shrines on the continent, were crowded with panic-stricken multitudes, who augured from it the immediate dissolution of the present order of things. In England, serious impressions of a similar kind, though differently manifested, were awakened, and many sober-minded Christians believed the end of the world to be at hand. In Paris there was the greatest consternation. M. de Lalande, the eminent member of the Royal French Academy of Sciences, sought to allay the panic, and published a letter to the editors of several journals, conveying his views upon the probable cause of the phenomenon. He stated that a dry fog, of a somewhat similar character, though of course far more circumscribed, had appeared in 1764, and was followed by storms and hail. Such, he predicted, would very likely be the conclusion of the present visitation; and the event showed that he was correct. The grounds on which he thus attempted the solution of the difficulty will be presently stated. The most tremendous volcanic and electrical phenomena co-existed with the fog of 1783, and succeeded to it. Calabria was rent by a devastating earthquake, and in Iceland a volcanic eruption of unparalleled violence took place, the lava-stream of which desolated a large tract, and burnt up seventeen villages. The thunderstorms were of terrific energy. One of the principal cities in the north of Hungary was destroyed. The lightning struck it in nine different places, setting the city on fire in every direction, and it was thus burnt to the ground. In many TOBACCO SMOKING. "0," parts of Germany churches were struck, public There is a story told of a pious lady, who edifices seriously damaged, and powder-maga- was much addicted to smoking tobacco. She zines blown up. Silesia was distracted with a had indulged herself in this habit until it had insuccession of similar catastrophes, and 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 ruin was awful. In the course died, and approached heaven. ments, she fell asleep, and dreamed that she Meeting an of twenty days, at least eighteen deaths took angel, she asked him if her name was written in 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. farmer lost forty sheep, and several horses, by He examined again; but returned with a sorthe electric fluid; the destruction of live-stock in rowful face, saying that it was not there! other counties was very great. Fire-balls fell upon many houses, destroying them, or setting 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 lives lost; mills were burnt to the ground; mansions and cottages alike were smitten with the ruin-dealing bolts. The thunder rolled its deep tones incessantly over the affrighted country, and appeared to intimate the arrival of more terrible judgments. The lightning assumed the most fantastic forms, sometimes globular, sometimes in broad sheets, and sometimes as if it were emitted from the mouth of a cannon. The rains which followed were unusually heavy, and many districts were laid deep under water. 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 extreme; probably much more so than in the case just referred to. Many persons perished by walking into canals and rivers. At the Dublin post-office, in consequence of the condition of the atmosphere preventing their transport, it was calculated that at least ten tons of newspapers Persons who lay waiting for fair weather. charitably undertook to guide others through the dim air, were like the blind leading the blind; and the proverbial catastrophe in more than one instance followed. The atmosphere of the year 1831, that much-to-be-remembered period, exhibited a similar foggy condition, but of less intensity, and apparently assimilating closer in character to that of 1782-3. Dr. Hancock states that he was informed by an intelligent captain of a sailing-vessel that he could not remember for thirty years such a condition of the air as occurred at that time; and added, that he had not made one voyage free from fog for the past eighteen months. In 1834, says the meteorologist Kæmtz, a dense dry fog was observed, which covered a very large portion of Germany. (To be continued.) . It is said there are now forty-five hundred miles of rail-road in operation in the U. States, "O," said she, in agony, "it must be there! once more!" The angel was moved to tears by her entreaties, and again left her to renew his search. After a long absence, he came back, his face radiant with joy, and exclaimed, "we have found it! we have found it! but it was so clouded and covered with tobacco smoke, that we could hardly see it!" The good woman, upon waking, immediately threw her pipe a way, and never indulged in smoking again. THE GREAT REFINER. BY H. F. GOULD. 'Tis sweet to feel that He who tries 'Tis good to think how well he knows And that, with skill and care, 'Tis blessedness to know that He The piece he has begun To prove the work well done, But ah! how much of earthly mould, Thou great Refiner! sit thou by O may thy work forever shine, LIBRARIES IN THE UNITED STATES. According to a table compiled from the researches of a literary gentleman of New York, there are in the United States no less than 245 public libraries. The aggregate number of volumes is set down at 2,351,860. It appears that the state of New York has 33 libraries, with 174,000 volumes; Pennsylvania, 32 libraries, with 176,100 volumes; Massachusetts, 30 libraries, with 203,000 volumes; Ohio, 23 libraries, with 68,000 volumes; Maryland, 11 libraries, with 54,200 volumes; the District of Columbia, 9 libraries, with 75,000 volumes, and the other states smaller numbers. Rhode Island, in proportion to her population, has the largest number of volumes of any state in the Union. " Wit is brushwood; judgment is timber. The first makes the brightest flame, but the other gives the most lasting heat. been elected President, and has declined, and that the 30th of 5th mo. The American troops had the ratifications of the Treaty were exchanged on commenced their homeward march. Commissioner Sevier was expected to return home shortly, while Clifford would remain as resident Minister. EUROPE.-The Britannia brings news from Liverpool to the 10th ult. The Bank of England was discounting on approved securities at 3 per cent. Cotton, Flour, Wheat and Corn had all receded in price. The contending parties of Irish Repealers be called the Irish League, and to agitate the queshave, it appears, agreed to unite in one society, to tion of repeal by constitutional means alone. The sale of Mitchell's furniture and household goods attracted an immense attendance, and the articles were purchased at extremely high prices, as relics. The French Assembly had passed a decree for preventing tumultuous assemblies in the streets. The demand of the Procureur General for leave to prosecute Louis Blanc on the charge of participating in the insurrection of the 15th of 5th month, was 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 CONGRESS.-Senate. The Indian Appropriation tions on account of religion, and another repealing has been promulgated, abolishing all disqualificaBill, 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 latter 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 J. 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 is said that Sicily has also made proposals for annexation. A formidable rising was expected shortly to take place in the kingdom of Naples. It is reported that the province of Calabria is already in full insurrection, and that the Sicilians were crossing over to join the insurgents. It appears there is a movement on foot among the Servians of Southern Austria and Northern Turkey, including Croatia, Dalmatia, Illyria, &c., for national indecalled together a numerous Congress or Diet. pendence that the people are arming, and have their seats. POLITICAL.-The Convention of the "Barnburn. ers" of New York, held at Utica on the 22d and 23d ult., is represented as large and enthusiastic. Martin Van Buren was nominated by acclamation for President, and Henry Dodge, of Wisconsin, for Vice President. A letter from M. Van Buren, in reply to one addressed to him by some of the late delegates to Baltimore, was read. He takes decided ground in favour of free territory and the Wilmot Proviso, and says, "I do therefore unhesitatingly approve of the course you propose to pursue, in withholding your votes from Gov. Cass, and shall do so myself. If no other candidates than those now before the country are presented, I shall not vote for President." A Convention composed of men of all parties, opposed to the extension of slavery into free territory, and opposed to the nominees of the Whig and Democratic parties, met at Columbus, Ohio, on the 21st ult, and adjourned on the 22d. The telegraphic report says, "There were about 400 delegates present, who adopted a strong address and resolutions favouring a separate organization, and a National Convention to meet at Buffalo on the 9th of August to nominate a Free Territory candidate for the Presidency. The Convention resolved to support none but Wilmot Proviso men, for Congress or the Legislature." MEXICO.-It appears that General Herrera has WEST-TOWN SCHOOL. The Committee who have charge of this Institu tion are desirous of employing a competent Friend to teach Latin and Greek in the Boys' Department. Application may be made to Nathan Sharpless, Concord, Pa.; Samuel Hilles, Wilmington, Del.j Charles Yarnall, Philadelphia, or Thomas Evans, Haverford, Delaware county, Pa.-They also wish to engage the services of a Reading Teacher in the Boys' School. Apply to Samuel Bettle, Philadel phía; Nathan Sharpless; Joel Evans, Springfield; or Thomas Evans, Haverford. tf A Friend with a small family wishes to obtain a couple of boarders. Apply next door below No. 163 Wood street above Tenth. |