to foreign ships in that predicament, with regard to ed since his arrival in port, to justify any interferpersons and their personal capacity.

This is indeed the universal practice of nations, and I venture to say, that were it not for the pecaliar feelings with which all questions connected with domestic slavery, are treated, it would command the assent of all mankind.

A ship, though at anchor in a foreign harbor, preserves (independently of the ground of being driven in by stress of weather,) its jurisdiction and its laws. Marten's B III, c. 3, s. 8, Vattel, and 1 c. 19, s .216.

This, with regard to men-of-war, is familiar doctrine. They stand on precisely the same footing as the persons, suite and residence of foreign ministers, or of sovereigns themselves, in the territory of a friendly power. All access may indeed, in strict law, be refused in these cases, but the presumption is the other way, and if admitted at all, these persons and things are supposed to be admitted with the immunities that belong to them, by the usage of nations. Case of the Exchange 7. Cranch 116.

ence of the local authorities, with the authorities of the master? Put the case of a murder committed on the high seas, and the murderer brought into a British port in chains, and so kept, with a view to be taken for trial to his own country. He too, might sue out a habeas corpus, and might very well allege that he was imprisoned within the territorial jurisdiction of the British crown, for no offence against the laws of England. But is there a judge or a lawyer in England, who would hold him entitled to his discharge on that ground, because all criminal laws are strictly local? Certainly not; he would be restored, as in all other cases, to the place and the condition from which he had been taken.

Just as in the report of the English Crown lawyers, in the matter of the Silesian Loan of 1753, it is stated, "that French ships and effects wrongfully taken, after the Spanish war, and before the French war, have, during the heat of the war with France, and since, been restored by sentence of your Majesty's courts, to the French owners. No But merchant vessels enjoy the same privilege such ships and effects ever were attempted to be of a fictitious extra-territoriality, though not in the confiscated as enemy's property here during the same degree. It is admitted, that though they war, because, had it not been for the wrong first keep, to many intents, their own laws and jurisdic-done, these effects would not have been in your tion, still that these are not exclusive. Certainly, Majesty's dominions." This is a clear ground, for any thing that happens after they arrive in port, and susceptible, in practice, of various applications. or for any previous breach of the laws of the country where they happen to be, they are answerable to its laws. But persons aboard of her, may, in certain cases, for the same thing be held responsible to their own Governments.

A familiar and very striking illustration of the principle in question, occurs in the case of a prize ship carried with prisoners of war on board, into the harbor of a friendly power. Not only is no interference on the part of the local authorities, allowed in such a case, but the possession of the captor, being regarded as the possession of his Sovereign, the courts of the latter have jurisdiction over her while she is laying in a neutral port, and can change the property in her, by a sentence of condemnation.

There is, in this respect, divisime imperium, and the ship's company are like the old feudal tenants that held of two lords ad utriusque fidem, but for every thing that happened on the high seas, before her entry into port, or in other countries, for all the personal relations and responsibilities existing in a ship, at the time she entered a port, and establish- So far, I have endeavored to show, that a ship, ed, or permitted by the laws of her own country, going into a British port with slaves on board, her authorities are answerable only at home, and to would not, according to the law of nations, in anainterfere with them in the discharge of the duties logous cases, be responsible on that account, to the imposed upon them, or the exercise of all the pow-local authorities, so long as those slaves continued ers vested in them by those laws,* on the ground on board. But I know how far the English docof their being inconsistent with the municipal legislation of the country where the ship happens to be lying, is to assert for that legislation, a superiority not acknowledged by the law, and inconsistent with the independance of nations.

Admit that in such cases a habeas corpus would be allowed to bring up a man, would it not be a sufficient return to say, that he had been always kept on board a ship belonging to the United States, by whose laws the Captain had an undoubted authority to keep him, and that nothing had happen

* It must be remembered that a ship's master is treated as a quasi military officer, and is armed with despotic power under the jus gentium ; in short, is a public authority.

trine has, in this particular case, been carried by English courts, who, I am quite sure, are not prepared to generalize their principles, by applying them, where even they are in strict logic, applicable. I am willing, therefore, to concede, for the sake of the argument, that in this particular case, ships voluntarily entering into British ports, with a knowledge of the state of British law, may be taken to have voluntarily submitted to the law, (right or wrong,) as it is interpreted there. Still, in the case of a cumpulsory entry, under an overruling necessity, there can be no such presumption of acquiescence, and I maintain, that no authority, nor principle, nor analogy, of the law of nations, will

justify the enforcing on board a foreign ship, thus in distress, allowing freight, expenses and demurinvoluntarily within the jurisdiction of a foreign rage to the ship. 1 Rob. 243. The Jonge Jacobi nation, the municipal law of that nation, to the ut- v. Bannerman. ter subversion of authorities and rights, undoubtedly established and guarantied, by the municipal law of its own country.

IV.

His scythe I ween-is sharp and keen-
And he claims the bended knee :
The sceptres strewn-around his throne-
The crumbled crown--the ruined town---
Ah! tell they not,

Of glory gone?

And yet I wot,

Time travelleth on,

And swingeth, and swingeth his scythe with glee,
For a merry, a merry old soul is he.

V.

The old must die-and lowly lie

And all forgotten be:

But they, the young-with pulses strung--
And hearts as light-as the merriest wight-
Can Time destroy,

Their blissful breath?

And sink their joy,

In the chills of death?

O yes, and he clippeth them down with glee,
For a merry, a merry old soul is he.

VI.

But when he cometh with his stealthy tread,
And cometh to call for me,

O let me bring-to the kind old King---
A heart refined--and a cheerful mind--

Give a kind good bye,

And a hand to all,

Nor think to fly,

From the Old King's call,

For he swingeth, he swingeth his scythe with glee,
And a merry, a merry old soul is he.

THE KNICKERBOCKER, MR. IRVING,

AND SR. NAVARRETE,

thinks it worth while to assail-it being far more philosophical, and perhaps somewhat easier, to belabour the "untaught knaves, unmannerly," by whom these facts have been brought

"Betwixt the wind and his nobility."

Our style is "stiltish and verbose to a degree." We are "intemperate in language and coarse in manner." Our November article "forms the most striking illustration of the term floundering," which the Editor has ever encountered. He will not "slander the intelligence of his readers," by permitting any "farther reference to this self-discomfited hypercritic," in the pages of his "unanimously and universally popular"* Magazine! No allusion is made to a solitary argument. But one of our views is the subject of comment, and that, after having been misstated and misrepresented, in a manner to which no respectable periodical but the Knickerbocker would descend, is dismissed as "sufficiently pitiful, and quite in keeping with the rest." Not content with all this, which, to an unambitious man, would be sufficiently glorious in the way of logical demonstration, he concludes by the Achilleum, the force of which, cannot but be felt by all, that the author of the Messenger's article, was a "mousing owl," and moreover, that the said owl "died!" If the chain of testimony be not, after that anunciation, as complete as need be, then there is no virtue in dialectics. How can it be possible that Irving can have treated Navarrete unfairly, when it is known, that the party making the charge, is no better than an "owl!"

All this, we might have endured patiently, for we humbly conceive that it will be admitted, on all hands, The December number of the Knickerbocker, to be a very harmless, though a very disreputable has just reached us, and brings (p. 586,) what is libel. The thing has not much wit, to be sure, but intended, doubtless, as our coup de grace in this the author deserves some consideration, for sundry controversy. When we say that the article is praiseworthy, though unfortunate attempts at it. precisely of that character, which we had reason He was not, however, content with thus scandalizing us-he must blow a trumpet for himself. His to expect from its author's previous effusions upon the same subject, we enable our readers to antici- defence of Mr. Irving, he asserts, met with “a pate the brief summary which follows: hearty and cordial response from Maine to LouisiThe facts which we marshalled in our Novem-ana, and he may add, from the other side of the ber number, are, of course, received and treated Atlantic!" If he "may credit the verdict of the with that convenient silence, which prudence al- public, he demolished us in his August number." ways dictates, in the absence of a more satisfacto"The reception of his expose by the public, was ry means of refutation. The single page which certainly not calculated to flatter our vanity, or elethe article occupies, is devoted exclusively, to the vate our literary reputation." If we were as full consideration of our personal and literary demerits, of charity, as was Father Feyjoo, in a similar case, and the triumphant ability, with which its author we should let this pass, upon the ground which the has wrought our utter annihilation. It seems, in- good man alleges, "Adèo inter frigidas ineptias, deed, to be a settled principle of our opponent, that eminent atroces injuriæ." But the thing deserves the most successful vindication of Mr. Irving, is exposure-and charity has no right to interfere. to be found, not in an examination of the questions at issue, but in convincing his readers, that the on the part of the public? We are not, like the humble individual who has dared to assert what he Knickerbocker, and the man in the "Stranger," has shown himself able to demonstrate, is, on the fortunate enough, to have "correspondents in the whole, a most improper and impertinent person. It principal cities of Europe, Asia, Africa and Ame

is not the "slovenly unhandsome" facts, which he

Where are the evidences of all this demonstration

* Aug. Knick. p. 205.

rica," and therefore we cannot tell what may have in two ways, first, by proof of its wantonness, sehappened afar off-" we may add on the other side condly, by explicit denial. Upon the proof, the of the Atlantic." No doubt the article of the public must decide between us. Upon the denial, Knickerbocker did create a very great sensation our readers will hardly expect us to waste more abroad-probably, (in Madrid,) a very favora- words with an opponent, upon whom we fixed, in ble one.

our last, a palpable falsification* of a portion of our text, which remains without answer, apology, or explanation. Lastly-much stress is laid upon the fact that we are "an anonymous writer," while the Editor of the Knickerbocker is well known. It would, perhaps, be equally difficult to decide,

As to the mass, however, the sensation, though very strong, has been too deep for words—inasmuch as we have seen no notice of any public meetings on the subject, down to the last dates by the steamer. Here, at home, we should have heard, we are certain, some of the rumblings of this literary tremblement deterre, if it had, in whether we have any advantage from our incognireality, rocked the continent "from Maine to Lou- to, or Mr. Irving, from the familiarity of the pubisiana," as is alleged. Still, we have seen no no- lie with his champion. But, apart from this, we tice of any commotion along the disputed bounda- had no idea that a name could change the nature of ry, nor are we aware that the waters of the Mis- either truth or falsehood, and as we wrote for nothing sissippi, have, at any time, taken to running up but the truth's sake, we chose to appear, as other restream, as would have been natural, under the ex- viewers write, anonymously. We believe, however, citement supposed. In this monumental city, from that the most of our readers could designate the which we write, we have heard no such "verdict humble individual, who is responsible for the artiof the public," as is said to have been rendered, cles which have appeared in the Messenger upon and we think that here, if any where, we should the present question. At all events, no attempt have been likely to have witnessed a rendition of has been made, to keep so unimportant a matter, a that kind, inasmuch as the Knickerbocker's subscri-state secret, and while no desire is felt to promulge bers, amounting, as we are informed, to about the it, no obstacle will be presented, as none has been, number of a petit jury, could have empanneled to the enquiries of any whom such information themselves, without difficulty. Where then, ex- may concern.

cept in the amiable promptings of the Editor's But we did not commence this controversy to own suggestive fancy, are all these "verdicts" bandy personalities, and we shall continue it for no which his logic, like a domestic seeking service, such purpose. This magazine claims for itself but endeavors to enlist, by way of proving its good cha- little, in comparison with what we are informed racter, to those who are not disposed to argue fa- will be seen by cis-atlantic and trans-atlantic disvorably from its outward and visible signs? Alas! coverers, who may monthly climb to the "summit we fear that the records of this " public reception" of our periodical literature"*-but, notwithstandwill be found, truly, as is facetiously stated of Mr. ing, it has views of propriety, in its humble sphere, Navarrete's contributions to Mr. Irving, not to ex- which crimination and re-crimination would violate. ceed "six pages out of the twelve hundred" which | Epithets are a seed easily sown, but they bear no flit before the Editor's imagination. For ourselves, fruit, as the example of others has shown, which we can only say, that if our readers have seen we could gather, with credit, as a scholar or a genthese universal, continent-sweeping testimonials of tleman. We shall therefore, take present leave our demolition, they are more fortunate than we, of the subject, trusting soon again to meet our readand we leave them to settle the question. We are ers, with more pleasant topics, and in better comassured, nevertheless, even if our opponent had pany. not declared us self-discomfited"-which, to an ordinary mind, would argue against the idea of his having "demolished us in his August number”— that the ten thousand readers of the Messenger have appreciated our efforts in the cause of truth, and have given us their approbation, in a manner and to a degree, which supersedes the necessity of our retailing our own glorification.

Baltimore, 12th December, 1842.

* Vide November Messenger, p. 734, n. 25.
August Knick. p. 205.

*

TAMENESS OF ANIMALS IN HIGH SOUTHERN LATITUDES.-When the South Shetlands were first discovered, the shore was lined with fur seals :80,000 of them were killed by the sealers of Stonington, before they learned to get out of man's way.—When Lt. Walker, in the Flying Fish, approached the Antartic, the whales were so tame, that the crew had to get out poles to push the vessel off from them.

ful-knowledge has been forced upon me by pain- I experienced a tone of feeling in harmony, with ful experience, by suffering, and by agony. My the scene--it was a feeling of delicious sadness, heart has been seared; and I look upon the world around me with the same indifference and torpor, as a man looks upon what no longer delights him. I love solitude, if I love any thing. In solitude, I am thrown upon myself, and I avoid the pestilent touch of those I despise. My reflections are, indeed, dark and sombrous, but they suit the temper of my mind, and they sometimes please, if any thing can please me

"High mountains are a feeling; but the hum Of human cities, torture."

and I dropt one tear to the memory of a being whose love was so enduring, and whose soul was so tender and impassioned. Poor Heloisa! ill fated and ill treated woman! Is there a heart, so callous, that does not throb in sympathy with her melancholy fate; that does not glow with admiration at her various and singular attainments-at the splendor of her beauty, the soul of fire, the fortitude, the mildness, and the glowing eloquence which she displayed, through a long life of melancholy and seclusion. Love was her ruling pasI was not made for society, though I have mingled sion, the business of her life, and to this passion, much with it-solitude I have preferred, and I have she devoted herself with an energy and perseverwandered over the larger portion of the world, as ance that deserved a happier and a better destiny. a being conscious of no connection-no common Abeillard, the learned and beautiful, but cold and tie-no sympathy with the rest of mankind. I selfish Abeillard, had, by unworthy stratagems, have stood on the "marble waste" of Palmyra; seduced her affections at an early period of life. but not to indulge in the withering and blasting re- With that devotedness, which women only display, flections of the infidel Volney. I have strolled, she was willing to sacrifice her character, her fame, by moonlight, through the Coliseum of the "eter- and her very happiness, to a being that thought nal city," the "lone mother of dead empires," and only of himself, and that could not appreciate the have sat amid the ruins of the Parthenon of Athens; greatness of the sacrifice, or the worth and merit of and, though my feelings were soothed and my mind her who made it. Knowing that a matrimonial mellowed and tranquilized, I experienced none of union would forever blast his prospects of preferthe sickly and affected sentimentality of Chateau- ment in the church, she observes, when pressed to briand. It was a gloomy and passionless emotion-marry by Abeillard himself, in consequence of a I looked around upon the monuments of the "mighty dead”—of those whose names once glowed on the lips of beauty, and whose actions once disturbed the peace, and overthrew the power of nations, and smiled in bitterness

I looked upon the peopled desert past, As on a place of agony and strife. Once, I remember, to have found myself (whether led by curiosity or accident, I know not) in the venerable abbey of the Paraclet, where the ashes of the cold-blooded Abeillard, and the generous and noble-minded Heloisa, reposed. The moon beamed through the gothic windows of the time-worn edifice, and silvered and mellowed the melancholy landscape around; a soft and refreshing breeze sighed among the foliage, and whispered in sadness through the "long sounding" aisles of the venerable abbey. I was carried back to the period when its founder, animated by the spirit of religion, and sickened with the world, first dedicated his humble

VOL. IX-3

promise made to her uncle, and not from any appa-
rent consciousness of its propriety: "Is it by dis-
gracing you that I must be exalted? What re-
proaches should I not merit from the world, from
the church, from the schools of philosophy, were I
to draw from them their brightest star? and, shall
a woman dare to take to herself that man whom
nature meant to be the ornament and the benefactor
of the human race? Abeillard it is in you, only,
that all my wishes centre. I look for no wealth,
gratify, no will to serve, but yours."
no alliances, no provision. I have no pleasure to

Not Cæsar's empress would I deign to prove;
No, make me mistress to the man I love.
Abeillard, in consenting to marry Heloisa, had
made her uncle promise to keep the marriage a pro-
found secret; but, after that event had taken place,
Fulbert was induced to divulge it; and, though any
other woman would have gloried in being thus re-
deemed from disgrace and opprobrium, Heloisa, the