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BY WM. H. HOLCOMBE.
through stone-walls, with bleeding hands, if there “Who is it that comes riding so ?” asked Lewis were no other means of restoring you to freedom. Gregory. With the same devotion, I will extricate you from “ Listen," answered the girl with a white face. this dungeon of bliadness, if God permits me to do As she spoke, some boys, who ran upon the side80. Human obstacles shall not turn me aside. A walks, imitating the spasmodic motions of the galportion of our father's misused wealth must be de- loping horse, shouted : voted to this good purpose. In saving you, and
- Old Miles-Old Miles-hurrah for the miser!" yours, it will make even himself happier. Bro
(To be continued.) ther, this present aid, which gives you so much relief, has already had its humanizing effect upon him. Tears were in his eyes, as I spoke with bim. Tears are rain to the desert of such a poor old man's heart. And then, too, something must be done for dear Grace, who is quite happy now that
THE RETURN OF SONG. her husband is relieved. The soft airs of some distant countries are healing, and saving, to such invalids. Our father's misused wealth must place this cure within her reach. I will not bend or yield
I thought my love of song had fled, ootil these great works are accomplished.”
Like other loves before ; " You speak," said Lewis Gregory, "100 hope- I thought my harp had lost its string, fully. If we can vanquish the infirmity of our
And could resound no more. poor father, so far as to gain a payment of my re
But when the Spring with odorous breath, maining debts, and a safe provision for my family,
Came smiling o'er the lawn, it will be more than I dare now even to hope for ; And evening with her fairy lights an unspeakable blessing—one to fill my heart with
Rivalled the fairy dawn, gratitode to God, who has won me nearer to him
The fresh and bright enamelled turfby this affliction."
The dews that on it lay-
The first sweet bud of May,dismounted, and joined Joan Gregory and her bro
All-all these beauteous things combined, ther, on the grass in the shade of the tree. He
And through the senses made came to make a direct offer of pecuniary aid to
A glowing spring-time for the mind, Lewis Gregory; a moderate present aid, to be in
With flowers and sun and shade. creased in the future. Joan and her brother, aware of this generous man's struggles against the very
And then my harp with trembling string,
Gave forth a gentle tone, evil of debt, which he was seeking to alleviate in
A soft and pleasant melody another, heard his offer with much feeling, and told
That only seemed its own, him of the successful application to Miles Gregory, which rendered his aid no longer necessary.
For Powers of whom I cannot tell,
Or what, or whence they be, "The bond of Jeptha Smooth, and John Sian
Like winds through an Æolian harp, ton, can be collected," said Lewis Gregory. “It
Whispered their thoughts to me. will be taken in present discharge of executions
Madison, Indiana. against me. I have made an arrangement to this effect, and am to transfer it this evening. I have no pressing debts which this will not discharge."
* This is certainly a great success,” said Flenry Grant." All will end well. Give us but time.” “ Yes,” said Joan Gregory—“lime, and the
THE CRIMINAL CODE OF VIRGINIA. blessing of God. We possess, already, resolute hearts. Do you know that this present success The new Criminal Code, framed by the last Lehas made me very hopeful, and quite happy ?” gislature, is now published-occupying just 72 pa
Who is it that rides so fast?" said Lewis Gre- ges. We discover still some obscurities, and some gøry, bending his head, and listening. “Some one adherences to old verbosity ; but taking it all in all, comes, at a gallop, on the Hackwood road. He is Virginia never before saw such a sample of terse, now on the sounding flat, just over the bill." clear, sensible and well arranged legislation. It
In a minute, an old, strangely dressed man, moun- makes punishable, we believe, a considerably greatted upon a grolesque old horse, passed the comb of er number of offences than former laws did ; yet a near hill, at a gallop which seemed a paroxysm fills not a fifth, perhaps not a lenth, of the space of the rickets.
which those laws filled. And it contains hardly a A cry escaped from the lips of Joan Gregory. 'hundredth part of the matter for doubt, for uiter
perplexity to the reader or judge, that they con- quote a small part of it, italicizing the redondant tained.
words; and only remarking, that the phraseology There is a great improvement, in the more ra- not thus pointed out is often far more circuitoas tional graduation of punishments to offences. We than is necessary : are glad to see that offenders may now again be
“ Be it enacted by the General Assembly, The confined in the penitentiary for one year only, when where any person or persons within this Comino. the transgression is light enough to justify so short wealth shall be desirous of draining his, her or ther a term: annulling a rule established by the mista- lands, and it shall be necessary for such porpose lo ken wisdom of a former law, which made three conduct the water through the lands of another years the shortest time.
person or persons adjnining, by means of a canal,
ditch or drain, to be cut or made for that purpose, It is a pity that solitary confinement for part of and cannot obtain permission from such adjoining the term is not also restored. Despite the senti- proprietor or proprietors by consent or agreement, mental whining of Mr. Dickens in bis “ American it shall be lawful for such person or persons so deNotes," over the sorrows of a solitary convict in siring," &c., &c., &c. the Philadelphia Penitentiary, we believe that fea- This intolerable rigmarole certainly was penned ture in the system to be worth all the rest togeth. by some sub-clerk of a committee—not by the clerk er, for reforming offenders, and inspiring a salutary proper, to whom it is said that the drafting of bills horror of me. Against Mr. Dickens, and against is often left, far less by any member, unless he were the sickly sensibility of our own legislature, back-a pettifogger. The members who so ably second ed even by the opinions of our Penitentiary phy. Messrs. Patton and Robinson in their work of shortsician, we place, triumphantly, the statistics of ening the penal code, should not have let soch stoff the penitentiaries in Pennsylvania, and divers other proceed from the body to which they belonged. stales, shewing a vast superiority to our own in To keep such quackery out of our laws, surely the health, reformation, and all the other ends of pun. Revisors will prefix to the whole Code a set of ishment. Whatever failure there was in our for- definitions, by which the language of all oor legismer experiment, must have resulted from some de- lation may be squared. One of these definitions fect in carrying out the plan. Were the solitary should say that the singular shall be held to itcells properly aired, lighted and cleansed ? Were clude the plural; and the masculine, the feminice. they furnished with plenty of clean water, for wash. Another, that a general term shall include all things ing? Was the convict made to wash himself all fairly embraced within it. And so on." over, every day? Was plenty of clean clothing To specify a few of the new provisions in the regularly brought to him, and did frequent inspec- Criminal Codetions prove that he put it on ? Was work allowed
Called Courts, for the examination or trial of him, to exercise his limbs and relieve the dreari- criminals, are abolished; and the regular terms of ness of solitude? Was there a small court open the county court substituted for them. to the sky, near his cell, where he might walk The jury-law in criminal cases, which was passtwice or thrice a day, attended by a keeper ? If alled two sessions ago, and was remarkable for his these precautions for health were taken, and others clumsy complication, is modified into more rational which might be mentioned, then it might be doubt- shape ; retaining all its best featores-e. 8. the ed whether solitary confinement is compatible with summoning of jurors remote from the scene of the health. If the solar light, the light of day, was al crime,-calling them from an adjoining county all excluded, this alone was cause enough for dis- when competent ones cannot be gotten from the The Code has definitions prefixed, declaring the ducing the number of challenges, though not saí.
proper county, -paying those so summoned, -18. senses in which certain words shall be taken ; and
ficiently,-&c. calculated to prevent the many tiresome and un
The venue may be changed, og motion of the graceful repetitions that puff out ordinary statutes. commonwealth's attorney, as well as of the priThere are not enough of such definitions, however: and their application is unhappily restricted to this
Robbery, by one armed with a dangerous wreapcode of 72 pages. They ought to have been made on, is punished by five or ten years in the State applicable to all enactments of the Virginia Legis- prison ; if not so armed, by three or ten years
. lature, criminal and civil; to all indictments, dec- The former law punished only robbery in or near larations and pleadings; nay, and rules of con
a highway. All reference to a highway is bor struction like them should be declared lawful in all omitted. deeds, wills, and other instruments of writing what.
The allempl to commit any crime is punished, soever. To show the need of such a condenser with a severity apportioned to the crime attempt and simplifier as those definitions would be, let any ed. Till now, (strange to say,) no mere attempt one read an act of the late session to provide for draining lands, when adjoining proprietors will not
* See the article on Wordiness in Legislatioa," in the let their lands be entered for that purpose. We March No. of the Messenger.
at crime by a white person was punishable at all!
To take away or secrete another's child, from SCRAPS FROM A PORT-FOLIO. any person having lawful charge of its person, is punished by confinement in the penitentiary. (We
NO. IV. question if the words in italics are wisely put in.)
A stage-driver, or rail-way conductor, boat-cap- You tell us your wine is bad, and that the clergy tain, or other public carrier, willingly or negligent- do not frequent your house, which we look upon to ly injuring any person, is punished as for a misde. be tautology.-Gay in letter to Swift. meanor-i. e. by fine and imprisonment. * Benefit of clergy” is entirely abolished. A felony is declared not to merge or stay the
BY ROBERT BRUCE. civil remedy of any person injured.
Ah! freedom is a noble thing, Bail in a criminal case is allowed to surrender
Freedom makes men to have liking, his principal, as in civil cases.
To man all solace freedom gives, We would gladly extend this mention of chan
He lives at ease who freely lives, ges in the law; but time and space fail us. The
And he that aye hath lived free,
May not know well the misery, newspapers would do the public a great service,
The wrath, the hate, the spite, and all and interest their readers more than any ordinary
That's compassed in the name of thrall. speech could do, by publishing copious selections from this new code. Constantly, through more than twenty years of close attendance opon courts, and We make laws, but we follow customs. of frequent converse with all sorts of people, we
Lady Montague. have been freshly surprised by their ignorance of the laws that bind them. Did we edit a newspaper, this is one point on which we would make the Boswell asked Burke what he thought of some light of the Press shine. There are few points imitators of Dr. Johnson.“ Sir,'' answered Burke, about which light is more important.
" they have all the nodosities of the oak, without Indeed the Legislature ought to adopt some its strength, all the writhing contortions of the symeans for effectually diffusing a knowledge of the bil, without her inspiration.” laws among the people. But how can that body be relied upon for any such thing ? Even more than half the magistrates are not furnished with a An idle moment furnishes at all times a nidus for Revised Code, or a Justice's Guide-Book. temptation.-Legh Richmond.
To most men experience is like the stern-lights of a ship, which illume only the track it has passed. - Coleridge.
There is no place like London to take conceit out of a man.-Lord Byron.
POWERS' GREEK SLAVE.
Extract from a letter by Pope on occasion of a visit to Oxford. “I found myself received with a sort of respect, which this idle part of mankind the learned pay to their species, who are as considerable here, as the busy, the gay and the ambitious are in your world."
O woman, in thy modest meekness bold,
When first I saw thy sad averted face,
I missed the winning air, the conscious grace,
With growing sympathy, I saw the trace
And faultless though each limb, each feature fair,
Turned into stone. thou standest cold and pure,
Nor peace nor ease the heart can know,
That like the needle true,
But turning trembles too.
A young lady being told that St. Paul said that If on my theme I rightly think,
C. C. L.
they who married did well, but they who did not marry did better," replied, that “she did not want to do better than well.”
Staunton, Va., 1848.
in my life, which is one of those lies one is always There are five reasons why men drink,
glad to hear.- Lady Montague.
London is the best place in winter, and in son
mer there is no living out of it. - Lord Chesterfield. Words are the counters of wise men, and the money of fools.--Hobbes.
A French Lady remarked, " I don't know how it
happens,—but I am the only person of my acquaintHow much pain have those evils cost us that ance that is always in the right." have never happened. — Jefferson.
Three degrees of latitude upset all the principles One day at the table of the Dean of Ely, just as
of jurisprudence; a meridian determines what is the cloth was about to be removed, the discourse
truth or a few years of settled authority.- Pascal. happened to turn on the recent extraordinary mortality among the lawyers. “We have lost," said
Sir Henry Saville was asked by my lord of Esa gentleman, “not less than six eminent barristers in as many months.” The dean, who was quite
sex, his opinion touching poets? He answered my deaf, rose as his friend finished his remarks, and lord, that “ he thought them the best writers rest
to them that writ prose." gave the company grace :-"For this and every other mercy, the Lord's name be praised."
BY LIEUT. M. F. MAURY.
had no right to do such a thing, because Congress THE DEAD SEA EXPEDITION.
had never directed it to be done.
Among other places, that officer caused the bar and mouth of
the Coatzacoalcas to be accurately surveyed, but Unfeltered by the trammels of party, the Mes because that river happened to be connected with senger is devoted to the high callings of Litera- the projected canal of Tehuantepec, no one ever ture, of Science, and of whatever tends to ennoble dreamed of holding up Commodore Perry as an the mind, or to advance the prosperity and happi- offender against the Constitution or the law ness, the honor and the glory of this great Republic. for doing it. He did it without any special au
The Navy always has been and we hope ever will thority or instruction whatever; he did it in be, above the reach of party. It gallantly fought consequence of the duties and responsibilities itself into being : a few fir-built frigates, with a which attach to him merely in virtue of his " bit of striped bunting" at the mast-head, enacted commission as an officer in the American Nadeeds which won the admiration of a gallant peo- vy. Nay, had the youngest midshipman in the ple; and since the war of 1812, the Navy has been Navy, the merest stripling in the service, been the pride and boast of every true-hearted Ameri- sent into that river in an open boat, and while there, can, of whatever political faith.
had he of his own head found it practicable to run In former times, Navy matters and Navy mea- lines and lake soundings without interfering with sores have occupied prominent places on the pages the special duties which called him there, not only of this journa!. Discussions of such subjects here would his right to do it have been acknowledged, have always been free from party. They have ever but he would have felt it his duty to do it ; for the been so condacted as to leave the Navy as far be- regulations of the Navy themselves make it the yond the reach of the political battles of the day duty of every officer to survey and map every foreign as they found it; and for this we have been en place visited by them, provided the survey can be couraged with the loud halloo of many a gallant made without interfering with other duties. These yeoman in the land.
surveys are honorable to Commodore Perry and We have taken up this Expedition with a double his officers, creditable to the country and useful to aim : first to snatch it away from party and the the world. politician where it does not belong, and then to We should grieve to see the energies of officers place it where it does belong—viz : on that page damped, and the usefulness of the Nav.y crippled, whereon are recorded those deeds by which the by any attempt to bring them and their surveys jato country has most been honored by its Navy. disrepute, for mere party purposes, or for the sake
What is the Navy for, and what are the duties of connecting naval operations abroad with the of its officers ? The Navy is for protection and questions of internal improvement at home, which safety both in peace and in war, and among the du- so much vex the rulers and lawgivers of the land. ties of its officers is legibly written the obligation to A ship cannot pursue her path across the ocean cultivate those branches of science and to under- without running her lines of soundings and contake those researches, upon the results of which ducting a series of observations of high interest the art of navigation is founded and the safe con- 10 science and of the first importance to the duct of vessels from one part of the globe to safety of the vessel and the encouragement of
navigation. Among those observations the presPirates infest the sea ; the commissioned vessure and the temperature of the atmosphere, the sels in the Navy wait for no special law of Con- force of the wind and the set of corrents, the depth gress to go and chase them away. A man-of-war, of the sea, its temperature and the character of its while cruising on her station the other side of boitom, the heighi of mountains, the depression the world, discovers a danger to navigation : she of valleys, the co-ordinates of place on the globe, does not wait even for the formality of an order all that relates to the perfection of Hydrography, from home, but proceeds forth with to survey, ex- or tends to the improvement of geography, with a amine and report upon it, as a matter of recogni. host of other matters near of kin to the science
of navigation—come within the sphere and scope Nay more: squadrons of American ships are sent of Navy duty without special act of legislation. abroad to make war, or maintain peace; and the It exists ex necessitate rei. The mere law that esofficers do not hesitate, when the nature of the tablished the Navy, the appropriation bill which anservice admits, to survey ports and harbors, and nually passes Congress for the support of the Naval aven to make charts of entire foreign coasts. service, give the executive the power and make it
Conmodore Perry while blockading the ports of the duty of officers to try currents, sound the ocean, Mexico in the Gulf and waging war, occupied him- m sure altitudes and to do all those things which velf also with the survey of long lines of foreign are necessary and convenient for the safety of navcoast, as well as of foreign ports and harbors; igation and the successful issue of present, as well and there has been no one so captions as to say he' as for the benefit of future voyages.