صور الصفحة
PDF
النشر الإلكتروني

out a difference. For, if we regard nature as the imaginary condition of men, either at the moment of birth, or previous to the institution of society, and the adoption of either customary or written law, and consider notwithstanding the antithesis in the extract from Tryphoninus, the jus naturale and the jus gentium as indicating the universal usages, perhaps under very different modifications, which attest the spontaneous judgments of the human race, then the difficulty and inconsistency vanish at once, except so much as has sprung from the confusion of the Civilians, and the blending together of two different theories.

Thus, then, the Roman Jurisprudence recognizes Slavery as existing by the Civil Law in the case of voluntary sale; and by the common customs and common sanction of all nations in the case of captivestaken in war, and children of a slavemother-which cases have been fully explained and justified in discussing the views of Aristotle. The Roman Law does not examine into the original or abstract justice of the Institution-what has either Law or Society to do with abstractions, when their whole being is exhausted in the practical realities which are the objects of their concern? The Roman Law scarcely goes as far as Aristotle, but assumes Slavery as an Institution already existing, or as having come into existence, in a manner not to be questioned. It employs its existence as a premise for further deductions, but never ascends higher. Hence all the passages in the Roman Law resolve themselves into the questions which have grown out of the position of Aristotle adopted for our text. and we might conclude our observations for the present with the repetition of his thesis-which, we think, has been fully established.

There are many other topics connected with the question of Slavery, which we had intended to discuss, but our remarks have already so far outrun our contemplation, that we leave them unnoticed. We cannot, indeed, refrain from expressing our regret at having been prevented, by the want of the necessary books and authorities, from rendering our investigation of those points thorough and complete; and we would offer as our excuse for having availed ourselves of the aid of unfamiliar authors, (who are all, however, of the highest authority,) that we have employed not so much those which we might have preferred, as those which chance enabled us to consult, or had previously enabled us to make extracts from. With this explanation we submit our scanty contribution to the great argument.

Panciroli considered it to be so understood by the Civilians, as is evinced by his remark. Thes. Var. Lect. lib. ii., c. cclxx.

THE SALVER OF GRAPES.

BY R. H. STODDARD.

1

What's this upon my table hid beneath
Crisp, glossy leaves, and tendrils intertwined,
Like Dian's ringlets tossing on the wind
A chaplet verderous as Anacreon's wreath?
I lift it up, and lo! a salver bright,
Of linked bars, like twisted beams of light,
Fantastically filagreed and deep;

And bunches of ripe grapes, all purpleish,
Like rubies in a Sea Nymph's pearly dish,

Up-piled with wasted care, a dropping heap!
Oh what a generous gift, a lavish store,
The hoarded wealth of vineyards far away,

The rifled preciousness of the rich South; Heavy and rounded clusters, dusted o'er, Mottled with misty hues, a breath-like grey The print of kisses from Summer's ambrosial mouth!

2

Oh what a luxury it is to squeeze

A mouthful to my palate, till they burst In trickling showers which feed my growing thirst, And lap my soul in dainty ecstacies! Bring me the antique beaker from Tokay

The ransom of the King-the largest one, Studded with jewels, like a rising sun Sprinkled with stars; be nimble-footed, pray! Sandaled like Thought, a moment here and flown ;Soh-give it me, and leave me all alone!— I love to sit, as now, distilling grapes, And watch the nectarous wine as it escapes; Drop after drop into the goblet flows, Like tinctured dew from out a crumpled rose! My lily hands are stained, my fingers drip;

The beaker slowly fills, a longing sight, Fills slowly with embubbled pearls of light, Which float and well around its shining lipGods! what a honied draught! how fresh and fine! Richer than spring-the leafyness of June,A pensive summer eve,—a tender moonOr Love, or any earthly thing divine; The heavenliest thing below is brave and noble wine. 3

Another sip, slow as a lover's kiss,

Refining all its many niceties,
Parting its separate flavors, bliss by bliss,
Soft-couched in dreamy indolence and ease.
Another draught-I seem to tread the air,
Plume-shod like Mercury with quills of light ;-
I find or make a brightness everywhere,
And shed a halo on the skirts of night!
Have I been drinking sunbeams, or the spray
Up-gushing from the fountains of the day?
My heart is all a-flame, my pulses beat

And the blood runs like lightning in my veins;
And now I faint with Love's voluptuous pains,
And long to swoon away and die at Pleasure's feet!-
4

Away! away! my wingéd Fancy flies,-
Like Ganymede when his Olympian cask
Is out, and Jove is calling for a flask,-

Hovering above some vintage Paradise!—
A thousand ripened vineyards droop around,
Bending their poles to earth, and leagues of ground
Are overrun with slips, and arbors green,
Festooned with wavy vines, a summer screen;
And ladders slant against the latticed walls,

Where clumsy hinds are clambering up and down,
And see, (Hallo! my man!) a careless clown
Unclasps the limb he held,-a shower falls
Rolling along the slope, where loveliest maids
Are picking clusters over in the shades;
And little children with huge armfuls run,
And stub their toes, out-stumbling in the sun
On top the bleeding bunches, and the swains

Laugh merrily with baskets on their heads, And horses decked with foliage urge the wains, Heaped up, o'erloaded to the straw-thatched sheds Where presses stand, and youngsters in a row, Trample the grapes in foaming vats below; And where a shepherd plays his simple reed, And sings a ditty deep in country lore, The rustics dance along the flowery mead

And join the tune and snap their fingers evermore!

5

Away! away!-the earth is full of glee;

A thousand banners flaunt the summer wind; Bacchus is come to set the nations free,

Slow-marching to the conquest of the Ind.
His car is drawn by leopards, and the lines
Wherewith he checks their speed, are wreathéd vines;
He stands superb and proudly holding up
Untasted to his mouth a brimming cup,
Spilling the wine around his bracéd feet,
Oblivious of it as he turns to greet
And fondle Ariadne at his side,
Clapping her hands in mirth, a happy bride!
His music follows next, a noisy crowd,

Blowing away for life with swollen cheeks;
The silver trumpet speaks,

The brazen cymbals clash, and scream aloud,
The Doric flutes breathe low, and tender lyres
Awake with quivering wires;

Barbaric drums are beat and shells are blown,
And instruments of every shape and tone.
And old Silenus follows on his ass,

Tight-clinging to his ragged mane and ears;
His eyes are red and full of maudlin tears;-
He strives to urge his courser from the grass
That grows along the path, a tempting crop ;-
He runs a moment, makes a sudden stop
And casts him off, head-foremost on the ground,
And troops of revellers are gathering round!
The satyrs after him and sylvan fauns,

With rough and shaggy skins, and budding horns
Sticking through wreaths of ivy, frisk along,
And mumble with thick lips a drinking song!-
And many a bearded river-god and sprite,
With coronals of sedge and lilies white,
Follow, and tipsy louts of all degrees,
With heavy nodding heads, and trembling knees,
Stumble at every step, with drowsy eyes,
Winking at nothing, looking sage and wise;
Some limp with empty flagons in their hands,
Scattering the drops along the parchéd sands;
Some drink from heavy pitchers, others drain

Long, slender flasks till naught is left within;
And some are quarrelling about a skin,
Tugging thereat with all their might and main;
And huntsmen ride on tusky boars that charge
Right through the scattering hosts, and run at large

In spite of reins and curbs, and others pant,
Perched high upon a dusky elephant,
In trappings rich, led on in docile pride,
Swinging his curly trunk from side to side;
And far behind an endless retinue,
Winding along the fields, besprent with dew,
Pageants and masques and all the joys that cast
A cloud of glory o'er the memory of the Past!

6

My wine is gone-the vision melts away;
I drink no more but spirit draughts to-day;
My heart is laden with delicious wine,

A salver full of fancies, grapes of Thought,
Rare clusters of imaginations brought
From vineyards in the sweet Parnassian clime-
I'll pick the finest now, delaying long

In idleness and luxury of mind,

And press the vintage lucid and refined

And quench my thirst from out the golden cup of Song!
Io! Pæan!
The wine of Poesy!

KENNEDY'S LIFE OF WILLIAM WIRT..

It would have been a very great loss, had the biography of Mr. Wirt remained unwritten. We know of no example more fruitful thau his, in instruction to young men, and especially to the young men of our own country. The lives of our revolutionary heroes and sages, were implicated with events of such magnitude, that we scarce know how to reduce the principles of their action to a practical formula, which would be of use to those whose scene of effort is so much more circumscribed. It is like applying the rules for epic poetry to the composition of a ballad. But Mr. Wirt's honors were not gathered on the battle-field, nor won by a bold venture at the critical moment of some political commotion, but were the legitimate and natural rewards of fair effort in a field open to all comers.

The benefit of this example so available for practical purposes, would have been lost, had not his biography been given to the world. For little was known of Mr. Wirt, and almost nothing was known, except to his circle of intimate friends, of his character in the very aspects in which it is most delightful and profitable to contemplate it.

Mr. Wirt's life was not historical. During his lifetime occurred the first struggle between the two great political parties-the war of 1812the Missouri convulsion-the reorganization of parties subsequent to Mr. Monroe's administra

* Memoirs of the Life of WILLIAM WIRT, Attorney General of the United States. By JOHN P. KENNEDY. Philadelphia. Lea & Blanchard. 1850. 2 vols: 8vo.

tion, and many other events, which were the oc- dant. Indeed the fault most to be apprehended, casions of celebrity to others, while the historian is over-copiousness. As examples of this, we of the period will not find cause for more than may mention the life of Byron, the life of Miss an incidental notice of his name. Nor can we Hannah More, and the life of Wilberforce: and perceive that his life, public or private, has left there may be a doubt if in some degree the behind any clearly marked permanent influence. same thing is not chargeable against Lockhart's And yet no man of the period labored more as- Life of Scott. Perhaps there is not a letter in siduously, and few men possessed greater power this latter which does not charm the reader, but for accomplishment. We are amazed to think altogether, is it not rather more of a miscellany how much labor the current necessities of the than a biography. In Wirt's life the selection world's affairs consume; and therefore, how little of letters is made with great judgment. We surplus there is to be added to its permanent cap-rise from the perusal of the two volumes, with a ital. How many men are there, who like Mr. feeling that we have in our mind a portrait, (with Wirt, unsparingly spend the whole power of one exception, which we will mention hereafter.) large gifts, in honorable effort, and that too in complete in every feature. And this knowledge public stations, without giving an appreciable we have gained from himself, given under cirimpulse to the course of things. Is it to be set cumstances which forbid the thought of either down as a fault in Mr. Wirt that he did not ex- ostentation or concealment. Mr. Kennedy has ercise more influence on the affairs of his time practised an abstinence in authorship which must and after times? We reserve a remark upon have cost a struggle to so ready a writer. He this point. But in the meantime, how happy a has not allowed himself to be seduced by the thing it is, that his Biography has preserved many tempting occasions which presented themfor the benefit of the future, that personal influ- selves, into any strain of general laudation, of ence, which but for it would have ended with either the virtues or the abilities of his friend, his life. We do not pretend to say, that Mr. nor has he dwelt at any length upon the only Wirt would have been forgotten but for the la- event in his life, which might to some seem to bors of Mr. Kennedy. The fame of his elo- demand explanation. We allude to his accepquence is wide-spread and secure, and our coun-tance of a nomination for the Presidency; and try cannot forget the author of the Life of Pat- we say, might seem to some to demand explanarick Henry, which work, however little satisfac- tion, meaning by the phrase to intimate that we tory at the time to Mr. Wirt, is nevertheless a are not among the number; for to us, Mr. Wirt's noble testimony to both author and subject, and own ingenuous statements are perfectly satisis not likely to be superseded by a better. But factory, and we feel none the less regard for him he would not have been known as it is most hon- when he shows himself to us, as one for a moorable to his memory, and most useful to others ment dazzled, and led astray, not from the path that he should be known. As a man of warm of integrity, but from the course of prudence, heart and purest principles,-a rare friend,— -a and with his quick sensibility to the becoming in devoted husband and father,—a companion every thing, perceiving almost instantly his miswhose social powers were equalled only by his take, and exhibiting a sort of graceful confusion, genial disposition,-a lawyer ever aiming at the which like a blush on the cheek is evidence of heights of his profession, with the loftiest scorn right feeling more than of wrong conduct. of every thing base and time-serving, as the friend of youth,—as a laborer of unflinching endurance,—as a true patriot and a sincere Christian, this Biography will introduce him to the familiar acquaintance of thousands who otherwise had only known in a vague way, that he was a man distinguished for his talents, and esteemed for his virtues.

Another point in which the biographer is to be commended for his self-restraint, is in not giving to the public the replies to Wirt's letters, which must have been in his possession, and would doubtless have been suitable for publication. And when the correspondents were such meu as Jefferson, Madison, Monroe, Mr. Wythe, Chief Justice Marshall, Judge Tucker, Judge Carr, The object of a Biography, is to make us ac- and others, the apparent value of the book might quainted with the subject of it, and we can hardly easily have been enhanced by giving us their imagine how this object could be better accom- letters. Indeed knowing beforehand, the illusplished than it has been in the work before us. trious associations of Mr. Wirt, one pleasure The plan adopted, is that first introduced, we which we anticipated, in turning to the work, believe, by Hayley, in his Life of Cowper, and was to find abundant anecdotical notices of his since so generally followed, of presenting us with distinguished cotemporaries. Before we were a delineation of a man's character in his own done the book, however, we were satisfied that letters. No plan can give us a more satisfactory the course pursued by the author was the proper picture, when the materials are sufficiently abun-1one. His business was to make us acquainted

with Mr. Wirt, and as it is, we have a much never, even when successfully measuring strength more distinct conception of his character, than with the great Pinkney, is there the faintest apif our attention had been perpetually drawn from pearance of arrogance or conceit on the conhim to others. The letters of these distinguish- trary, one of the most noticeable things in the ed men would have been "patches of purple," correspondence, is the unfeigned opinion that he of royal purple it is true, but still patches, inter- frequently expresses, that his success was out of fering with the delightful unity which now char-all proportion to his deserts. In this we think acterises the work, and is worth more than all the adventitious splendor which could have been given to it.

he was clearly mistaken. We confess that his promotion to the bench as Chancellor in 1802, seems not to have been justified by any thing For this commendable, and doubtless somewhat either of performance or promise, that can be painful reticence, Mr. Kennedy allows himself a gathered from his history up to that time, and partial indemnity, in the freedom, or rather the think that Mr. Monroe acknowledged as much, openness, with which he expresses his own po- when in order to quiet the very natural apprelitical sentiments, as connected with the existing hensions which Mr. Wirt entertained and exparties. As witness his very positive account of pressed to him, that he was not fit for the post, the organization of parties given in the com- he said, as the best argument which he could mencement of Chapter XIV; in the justness of suggest for this purpose, "that he doubted not, which account, he, of course, expects only some that the Legislature in making the appointment, to concur, and of which we would only remark, knew very well what it was doing”—a proposithat whether just or otherwise, it is needlessly tion so debateable as a general oue, that Mr. introduced. We may add that the reader who Monroe would hardly have resorted to it, exfeels disposed to have a political controversy with cept in default of a better. But this one apMr. Kennedy, may find a pretty text for com-pointment excepted, we think that there cannot mentary, in the remark which he has gone out be pointed out another advance in Mr. Wirt's of his way to make on page 82, vol. 1, about the fortune which was not the fair and natural earnresolutions of '98.

ings of previous labors. And we believe that The life of Mr. Wirt, so distinctly presented equal talents, exerted with equal industry, would to view in these volumes, affords an example of now command success of the same sort. And propriety for which it is not easy to find a par- this is one of the great teachings of the life of allel in the lives of either professional or literary Mr. Wirt, which we are thankful to Mr. Kenmen. Though he lost his father when a mere nedy for having preserved for the youth of our child, and his mother before he was grown, kiud country in his Biography. But after all, did Mr. friends took charge of him, and the clouds of Wirt accomplish all that he might have accomhis life's morning seem to have been few-upon plished? A question which we have before sughis entrance into life it was his lot to be knit to gested, without attempting the answer—nor insome of the noblest hearts, in a friendship which deed do we expect to answer it now, in any defigilded with an almost romantic delight, the whole nite way, and we call it up, only to express a of his earthly pilgrimage-in his profession he feeling that possessed us all the time we were rose rapidly and fairly, from step to step, until reading the Biography. We think that Mr. he rested upon the summit, unassailed even by Wirt's plan of life was not sufficiently compreenvy, while he declined political honors more hensive. He repeatedly says that his sole obthan once offered. Blest with a wife to whose ject was to accumulate a fortune sufficiently large rare excellence these volumes are a lasting trib-to enable him to retire from the practice of law, ute, and a family that seems to have filled the and devote the remainder of his life to Literadesires of his capacious affections, and enjoying ture, and to secure, in the event of his death, an a reputation which his modesty made him speak ample provision for his family. He even fixes of as exaggerated, at more than three score he upon the sum-one which would give him four breathed his last, in the confidence of a clear thousand dollars income, and calculates several Christian hope. Towards the close of his life, times how soon he may hope to secure it. It is he was indeed called to mourn over the death of a striking instance among the many that present some dear to his heart-but who that ever lived themselves to us, of the delusive nature of huwas exempt from trials of this sort? They ac-man expectations. Mr. Wirt possessed a praccompany our mortal state as its conditions, as tice lucrative beyond his anticipations, and yet inevitably as death brings its conclusion. Nor he died without having made any near approxidoes he seem to have been ever for a moment mation to the sole object of his efforts. When intoxicated by success-never does his affection we say that his plan of life was not sufficiently for the friends of his youth seem to be shaken- comprehensive, we are not to be understood as never is his relish for homebred joys less pure-finding any fault with him for bending his efforts

to secure a fortune for the purposes he contem-arship, his integrity, his generosity and his urplated; but to say that in our view, the legiti- banity, it is as a Christian that he is most wormate object of life is something more than the thy to win our esteem. And this is the only feaaccumulation of wealth for any purpose. To ture of his character to which we believe full jusserve God, and to benefit our fellow-men, is the tice has not been done by Mr. Kennedy. We true summary of life's object, and while this re- have reason to know that Mr. Wirt's religious quires us to exert ourselves to make proper pro- sentiments were warm as well as deep, and that vision for our families, and is compatible with a in his latter years especially religion was a promilife devoted to literature, or any other lawful nent topic of his conversation. Indeed, his bioccupation, still it is something as an object, ographer tells us as much. But then he does distinct from the love we bear to our family, and not illustrate it, as he has done the other parts of the specific form of our occupation, and is para- his character, by his correspondence. And so mount to both, as well as distinct from them. Mr. Wirt is not presented to us, in a most imMr. Wirt is fond of dwelling, with reference to portant particular, as he really was. We feel eloquence and literary aspirations, upon that fine inclined to complain of this. Nor are we satisexpression of Cicero—aliquid vastum et immen- fied with the partial promise that is made by the sum-but how much more noble and expansive author, that he will publish in a separate volume, does it become, when we apply it to human life, a compilation of Mr. Wirt's devotional and other and with the aid of revelation, give it an appli- religious letters and writings. Many who will cation which could have had no place in the read the present volumes, will not be inclined mind of him who first uttered it. If we were perhaps to take up a book by its title page proinclined to illustrate by comparison, what we fessedly religious. And if they do, his religious consider as the defect of Mr. Wirt's plan of life, character will not make the same impression we would compare him with one of his cotem- when exhibited separately, that it would have poraries a correspondent whose name appears done, if occupying the same place in his biograin these volumes, and between whom and Mr. phy, that it did in his life-defending him against Wirt existed an intimacy cherished by both-a temptation, chastening his gaiety, moderating man less gifted by nature than the illustrious his ambition, sweetening his domestic delights, subject of this biography, but his equal in assid- and sustaining him in the time of heart-trials. uous labor, and one who, while living, by his Had the author done the same justice to Mr. tongue and his pen, and by means of the institu- Wirt's character in this respect that he has in tion which he founded, and since his death by others, how much would have been enhanced their resulting effects, has operated an influence the value of a book, which with this serious defar more extensive, useful and permanent, than ficiency, is, we think, likely to do more good than ever did Mr. Wirt with all his talents, aided by any of the late issues of our American press. his conspicuous station-we mean the late Dr. S. L. C. John H. Rice-would not the essential difference between the two, be covered by the difference in the view which they respectively took of the great object of life? For can we suppose it possible, that upon Mr. Wirt's plan of life, Dr. Rice could have been what he was? Let us not be understood to find fault with Mr. Wirt because he was not a doctor of divinity. All we mean is that the true ultimate object of life, is the same for every intelligent being, and that Dr. Rice had a juster view of this object than Mr. Wirt, and that the results of their lives corresponded to this difference in their views. Nor would we have mentioned this, but that we thought it might be serviceable to some, to point out what we consider a defect in the Christian philosophy of one whose character as delineated in these pages, is, we trust, to attract the attention, and help to form the minds and mould the principles of many young men in our land. Still less let it be supposed that we would depreciate the Christian character of Mr. Wirt. Much as he is to be admired for his eloquence, his schol

VOL. XVI-27

SONG.

From "The Pilgrims," an Unpublished Poem.

1.

The hand so often clasped in mine
Lies lifeless by thy side-
And sadly rests my lip on thine

Which oft I've press'd with pride;—
The loving voice, from which so oft
I consolation drew,
Responds not in thy tones so soft-
My beautiful, my true.

2.

Yet why should I repine when Death
A better life hath given,
And led thee by the hand of faith

To rest for aye in Heaven?
No! whilst on earth I linger on,
Let this my comfort be-
Though I in chains still strive alone-
Oh loved one! thou art free.
Philadelphia.

« السابقةمتابعة »