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expected on the coast with fourteen thousand men, will single out Virgivia for his operations.

WHAT'S IN A NAME? My own impression is that he goes to the relief of Canada, which feels itself in danger from our question of her lover, had she lived within the jurisdicusa

The gentle Juliet would probably have never asked this recent successes there."

of the English Court of Common Pleas, or, had she asked Some business for a friend now took him to it, would have been furnished with a satisfartory ans Washington. It was in October of this year, in the dictum of the Lord Chief Justice and his confresca 1814. Congress was in session. The Capitol of the long robe, in the case of Kimersley 8. Koott was in ruins, having been burnt by the enemy in £65 10. it seems may be in a name even when expressed

only by the initial letter. We recollect, in the days of ser August. The President's house was in the same catechism, to bave seen the answer of " Mor N" to the condition. There were other vestiges of the rav- simple question of " What is your name ?"—which would age of the late visitation of General Ross and doubtless be held bad upon demurrer, since the judgment Admiral Cockburn.

of the court in the case cited. However this may be, se feel satisfied that our readers will not quarrel with us, for laying before them the arguments of counsel and other proceedings, in extenso, in Kimersley v. Knott, the fore especially as the ingenious and accomplished Talfoard is the chief speaker. The legal fraternity everywhere will appreciate the wit that has been thrown around this KNOTT-Y

question, nor will the best hils be “caviare to the general.” [From the Home Journal.]

It is not often that the stern countenance of Themis is re

laxed with such comicalities, or that Mr. Justice Maule TO MISS AMELIE LOUISE RIVES,

assumes the cap and bells for the amusement of the puble.

(Ed. Sou. Lit, Mess.

ON HER DEPARTURE FOR FRANCE.

KIMERSLEY V. KNOTT.

Court of Common Pleas.----Sittings in Banco. Lady! that bark will be more richly freighted,

That bears thee proudly on to foreign shores,
Than argosies of which old poels prated,
With Colchian fleece or with Peruvian ores;

A declaration against the indorser of a bill of exchange, And should the prayers of friendship prove availing,

in which the defendant is styled simply “ James M. Koon,"

is bad, because the Christian name of the defendant is not That trusting hearts now offer up for thee,

properly set forth under stat. 4, William IV., ch. 42. "Twill ride the crested wave with braver sailing Than ever pinnace on the Pontic sea.

In this case the plaintiff, as endorser of a bill

of exchange of £65 10s., brought an action The sunny land thou seekest o'er the billow

against the defendant as the acceptor, and deMay boast indeed the honors of thy birth,

clared against him by the name of “ Joho M. And they may keep a vigil round thy pillow

Knott,” being that by which he had signed the Whom thou dost love most dearly upon earth, note, but without stating in the declaration that Yet sball there not remain with thee a vision,

the defevdant had so signed it. To this declaraSome lingering thought of happy faces here,

tion the defendant demurred specially, and asFonder and fairer than the dreams elysian

signed as the ground of his demurrer, that the Wherein thy future's radiant hues appear? declaration had not properly set forth his Chris

tian name, nor assigned any reason under the The high and great shall render thee obeisance, statute, 3rd and 4th, Wm. IV., c. 42, for not In halls bedecked with tapestries of gold,

doing so. And mansions shall be brighter for thy presence

Mr. Sergeant Talfourd, on behalf of the deWhere swept the stately Medicis of old

fendant, said their lordships were often told that Still 'mid the pomp of all this courtly lustre,

a case rested on a word, but here, it rested on a I cannot think that thou wilt all forget

letter only. It was his duty to contend, both The pleasing fantasies that thickly cluster

upon principle and precedent, that this was a Around the walls of the old homestead yet! good ground of demurrer. The court had deci

Σ

ded that the letter "T,” being a vowel, and ca* These lines are transferred to the columns of the Mes. pable of pronunciation, might be taken to be a senger, at the request of several friends, from that very ex

Christian name, but they had at the same time cellent paper, “ The Hoine Journal.” As a change is made intimated, that such would not be the case with in the signature attached to them, (the letter “E” having a consonant, which, as it could not be sounded been erroneously substituted by the Journal's compositor alone, would be deemed to be not a name, but for the Greek L)-a liberty which could not be taken except upon the best authority,"—the Editor of the Mes. an initial letter only. Now, in this case, “M” senger thinks it not improper to state that he wrote them was plainly an initial letter, for it could not be himself.

pronounced by itself. Standing by itself, there

fore, it meant nothing. He was sure a very emi

Mr. Justice Maule: Pleadings are in writing, peut authoress, (Miss Edgeworth,) whose loss therefore the law presumes that the court can they had recently had to lament, was of opinion, read and know its letters. Vowels may be that all the letters of the alphabet, by the mode names, and in “Sully's Memoirs" a Monsieur in which they were explained, were rendered D’O. is spoken of; but consonants cannot be little more, (to use judicial language,) than a names alone, as they require in pronunciation the "mockery, a delusion, and a snare,"—that A B aid of vowels. C D, &c., meant A B C D, &c., and nothing Mr. Sergeant Talfourd : Yes, but in the case more; but even if it would avail him, he feared of consonants, they are taken to be but initials, his friend could not rely upon such authority. when used alone both in law and in literature.

The Lord Chief Justice: You say the “M” Throughout the ponderous volumes of Richardmeans nothing—then let it mean nothing. Would son's novels, for instance, we find persons spoa scratch be demurrable ?

ken of in this manner. In “Clarissa Harlowe,” Mr. Sergeant Talfourd: I say that “M,” by for instance, “Lord M.” is mentioned throughout itself, cannot be pronounced, and means noth- four volumes, but it could never be understood ing; but here it does mean something, which that this was the real name or any thing more something ought to bave been stated or explain- than an initial. Again, an author well known ed under the statute. Suppose a person of the the lord chief justice (Charles Lamb) wrote a name of John Robbins, the court would surely farce, entitled simply “Mr. H.,” but the whole hold a declaration bad, which described him by turns upon this being the initial only of a name the word John and figures of the red-breast! In he wished to conceal. In his prologue to it, he like manner the court would hold this declara- humorously says: tion bad, because it either put a sign for one of the defendant's names, or described it by the in

“When the dispensers of the public lash itial letter. A consonant by itself, was a mere

Soft penance give; a letter and a dash

When vice reduced in size shrinks to a failing, sound without meaning. The letter H, indeed,

And loses half her progress by curtailing, by the custom of London and some other places, Faux pas are told in such a modest way, was no sound at all, [laughter) though elsewhere The affair of Colonel B-with Mrs. A-, it often protruded itself on all occasions, (re

You must forgive them ; for what is there, say, newed laughter.]

Which such a pliant Vowel must not grant,

To such a very pressing consonant? Mr. Justice Maule: I had a policeman before Or who poetic justice dares dispute, me as a witness the other day, who told me he When mildly melting at a lover's suit, belonged to the "hen" division, and it was not The wife's a Liquid, her good man a Mute." until some farther stage in the cause, that I discovered it was not a division designated by the

And he concludes by an appeal to the consename of a bird, but by “N," the alphabetical quences of this “mincing fashion,” which (said letter, (Great laughter.]

the learned sergeant) I trust will have great Mr. Sergeant Talfourd : It will probably be weight with your lordships, for he adds— contended that this person might have been chris

Oh, should this mincing fashion ever spread tened in the manner the bill is signed, but I sub

From names of living heroes to the dead : mit that the court will not intend that. It is true

How would ambition sigh and hang the head, we often hear of absurd Christian names, and I As each loved syllable should melt away, myself remember when many persons insisted

Her Alexander turned into great A, upon having their children christened Sir Fran- A single C, her Cæsar lo express, cis Burdett."

Her Scipio sunk into a Roman S

And nick'd and dock'd to those new modes of speech, Mr. Justice Maule : I remember a very learned Great Hannibal himself to Mr. H-," and ingenious argument by Mr. Jardine when I sat in the court of exchequer, by which he pro

The learned sergeant then cited and argued ved to the satisfaction of the court, that the upon a variety of cases on his side of the quesChristian name is the real name, and the sur-tion, and submitted that their lordships ought to name is only an addition; that in the case of decide in favor of his client. Joho Stiles for instance, John is the real name,

Mr. F. Robinson, on behalf of the plaintiff, but Stiles was perhaps originally added only be- said he did not deny the right of every Englishcause the ancestor lived near one.

man, to be called by every name given him at Mr. Sergeant Talfourd : Then having. I hope, his baptism; but he submitted that before he convinced the court that "M" by itself cannot be claimed to be privileged on that account, he must a name, and means nothing, I submit it must be show that his privilege has been invaded. Here understood as an initial, and therefore that it it was assumed throughout, that the “M” in the bave ought to have been so stated.

name "Johu M. Knott' was an initial letter, but

99

he believed there were instances in which per-| therefore that the court should decide in favor of sons had been christened in this remarkable way the plaintiff. in this country. He was told there was lately a Mr. Sergeant Talfourd having briefly replied. bank director who was christened “Edmund R. The Lord Chief Justice: The various stages Robinson;" but were it otherwise in this coun- in the argument in this case have been already try, did it follow, that in no other country, Jew, discussed and decided. The courts bave decided Turk, or heathen might not use such names ? that they will not assume that a consonant letter If, however, it were not an initial letter, why did expresses a vame, but they will assume it exnot his friend apply to have the right name sub- presses an initial only; and they further decided, stituted ? If it were a misdescription, it was that the insertion of an initial letter iostead of a pleadable in abatement. Such a name might name is a ground of demurrer, and is not merely originate from an error of the clergyman at the an irregularity. In the case of Nash v. Collier, christening.

this court decided that a demurrer to the declaThe Lord Chief Justice : In the upper circles ration which described the defendants' name as of society it is customary to hand in the name in William Henry W. Collier was not frivolous, and writing, which prevents mistake.

gave a strong intimation, which the plaiutiff bad Mr. Justice Maule : The practice of the cir- the good sense to attend to, that he ought to cles with which I am conversant was, and I amend his declaration. That decision was acted believe is, to give the name verbally. There upon by the court of exchequer in the subsewas, however, a gentleman, the sheriff of one quent case of Miller v. Hayes, and as it appears of the counties I went through on circuit , Mr. to me the case is precisely similar to the present

; John Wanley Sawbridge Erle Drax, whose name

I think we must decide in favor of the demurrer. was very probably handed in, [laughter.]

The other judges concurring. Mr. Robinson: There are many Scotch and

Judgment for the defendant. French names, such as M'Donald, M'Taggart, D'Harcourt, D’Horsey-how are such names to be set out in the pleadings ? Suppose, again, a man's name were the name of a river, as X? Mr. Justice Maule : But that is not spelt so ; it

A PEEP INTO FUTURITY: idem per idem, X for ex. Beer, I believe, is sometimes called X, but not water, [laughter.] Mr. Robinson: There are some of our names

Michel rang the bell, ordered a sumptuous which are precisely those of letters; as Gee, Jay,

breakfast to be served up, of which, however, Kay, &c.

he alone partook, and among other things erMr. Justice Maule: But here it is not sonans, pressed a wish to Asmodeus to know something only consonans, and cannot be sounded without

of the condition of the world in future, say a other letters.

hundred years hence, as he thought that the disMr. Robinson: Their lordships should remem

covery of steam power and its application to the ber the existence of a publication called the

new inventions of the age, especially rail-roads, Fonetic Nuz, and unless they meant to give a

must necessarily create great changes. “heavy blow and great discouragement" to that

“If you wish," said Asmodeus, directly after rising science, he hoped they would not decide

breakfast I will entertain you with some pictures against his client, [laughter.] But he had seri

of futurity." ously to submit, that by demurring to this decla

“Let the breakfast go to the d—," exclaimed ration the defendant admitted, according to legal them now, and then for Vienna."

Michel springing up from his chair, “ let me see principles, that his name was that which was stated in the declaration.

Asmodeus struck with his stick upon a small Mr. Justice Cresswell referred to and distin- iu to a large show-box in which nothing was a

table and it was instantaneously transformed guished this case from the case of “Roberts v. Moon,” in 5 Term Reports, where a plea in

yet visible but the glass in which the spectator

gazes. abatement of misnomer, beginning "and the

“Now look in there," said he, “and I will ersaid Richard, sued by the name of Robert," was plain wherever it may be necessary." held bad. Mr. Justice Maule suggested that as £65 108 tation but stuck not only his nose but his whole

Michel did not wait for him to repeat this invidepended upon the question, it would be better for the plaintiff to amend. Mr. Robinson declined to do so, and contended no case could be Reisen in alle Well, or A Journey with a smudeus round

* Extract from a late German work entitled Damssierte cited directly in support of the demurrer, and lhe World.

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visage into the aperture and stared with mouth | last century which led from Frankfort to Maintz, and eyes wide open.

and on which they used to travel before the dis"Mon Dieu! I ought to know this country," covery of our air-ships with their steam engines.” exclaimed he, “is not that Maintz. Surely 1 " Travelling must have been very tedious in see the Dome, the Eichelstein and our glorious those days.” Rhine! But how is this? I must be mistaken, for "Certainly, my dear, only imagine, they scarceI see no fortifications and what does this mean? ly made four or five German miles in an hour, Yonder lie the ruins of a rail-road ?"

and our good ancestors thought it marvellous "Quite correct, but pay attention and it will

with what speed they travelled.” plain itself to you." Michel looked and suddenly

“How very tiresome, a true snail-post. But there appeared about two hundred yards above when did the wise idea of air-navigation first the earth two little air-ships which met directly

originate ?over the city of Maintz. Each of them con

Some fifty years ago; it was in the year tained one solitary but most splendidly dressed 1893 (about fifty-three years ago, as we are now passenger. When they arrived within a few in 1946) that an English mechanic discovered paces of each other a mutual recognition seemed these useful air-machines which enable us to to take place, and by pressing on a spring they travel with so much more comfort and speed as caused the wing-like wheels of their little vessels well as so little expense. They have been imto pause while they remained stationary in the proved upon until they have attained their present air. Michel who was not only all eye but also state of perfection, going at the rate of fifty or all ear, now plainly heard the following conver

more German miles an hour, and the wheels sation which was held in the air.

having the power of from 10 to 500 eagles'

wings. Indeed, by the most accurate accounts. “Ah, my best compliments to you, Madame

the great American war-ships, which carry twenTiltrina, whence come you so early in the

ty pieces of steam cannon and four steam mormorning ?" was the address of a Berlin court

tars have a power equalling nearly 800 eagles' tailor to a court-milliver from St. Petersburg,

wings." seated in the other little ship.

“You astonish me, Mr. Dunnspecht! But, "The Princes Y. has chased me thus early from

apropos! they speak of a war which has broken my elastic hair-couch in order to procure in great out between North America and the empire of haste a sylphide dress for her from Paris, as she Japan ?" wishes to attend a fête given at the court of Con- “It is true, my best lady, Japan is the only stantinople this evening. All the beau-monde from state in which duties are still imposed, for they London, Paris, St. Petersburg, Berlin and Vi- have been abolished for more than fifty years in enna will be there in high gala dress, and I must all the other countries of the world as useless also, in my wanderings, obtain a pair of rattle- and disadvantageous to the States, inasmuch as snake bracelets of the newest style, together the mercantile interests were soon balanced by with the celebrated “variations to God save the the immense interchange of all the products of King," composed by Adkinson Goddamounth, the world, and as the revenues of the different for the Princess H. Only a short half hour ago I governments diminished by the loss of the duties left St. Petersburg. But allow me to ask in turn were richly covered by the increase of direct whence you come so early, honored Mr. Düng

taxes." specht ?"

"Oh, that must have been a great plague ! "I come from the place to which you are go-To see duties laid on one's honestly acquired ing, most worthy lady; the same cause which estate, or to have one's little baggage rumpled takes you there has started me thus early. I had and thrown about by good-for-nothing customto procure from the steam factory of M. Toul- house officers. But to return to the war with pret new dresses for two princes who will wear Japan. How did it turn out ?" them to night at the festival of the Turkish em- “ After the Japanese had surprised, imprisoned peror. Only see how splendid they are, (Dünn- the crew and confiscated the goods of an Amerispecht unfolded the dresses and showed them to can air-merchant ship which had come down in the lady.) The Diné dansant will be in full cos- the night in the neighborhood of Jeddo and was tume."

endeavoring to smuggle her merchandise into " I know it, and you will make your own profit the city, the news induced an imperial American by it not so dear, Mr. Dünnspecht ?”

air-fleet to weigh anchor, and some three days The artist-tailor laughed pleasantly.

ago they flew to Japan, and this morning it was • But tell me, dear sir, what ruins are those reported on the Exchange in Paris, that their lying directly under us ?"

Capital, Jeddo, had been utterly destroyed in a They are the remains of a rail-road of the few minutes for refusing to deliver up either the

66

66

Vol. XV-80

BY J. E. LEIGU.

spoil or prisoners, hy a storm of fire bombs and rockets which the fleets discharged upon them from a height of 1000 feet.”

THE MARSEILLES HYMN. “ Mon Dieu! that is very frightsul! If it only does not injure our business, though I have had

A TRANSLATION. little to do with Japan as yet, still - But only look, Mr. Dunnspecht! yonder in the mist-like distance I perceive several specks, what may they be?"

In the following translation of the Marseilles Hymo tbe “ Gracious Heavens! they are air-pirates; sense of the original has been adhered to with reasonable quick to the earth, my best lady, or we are lost.” fidelity. Whenever the author has not given its very ideas,

They both hastily let themselves down till he has endeavored to preserve its spirit; and it will protawithin a few yards of the earth.

bly be perceived that every departure from the conceptions “But where are we now, Mr. Dunnspecht! of the original has been made by the substitution of senti I do not recognise the country rightly.”

ments obviously suggested by the original ideas. This al"Just over the boulevards of Maintz; see they tempt at a translation of " The Marseillaise” is certainly an are still employed in levelling some places where act of temerity. The author does not flatter himself that it the walls once stood. Since air-travelling has has been executed in the spirit of poetry, and would not become general, all fortifications are as useless offer it but for the fact that the lines generally received as and impossible as duties are—everywhere they

a version of the Hymn, beginning have been destroyed, and in Paris the last vesti

“Ye sons of France, awake to glory! ges of those built in the time of Louis Philippe

Hark! hark! what myriads bid you rise." are fast disappearing." “I only wonder that they have not discovered

are in no sense a translation. They constitute indeed as and erected air-fortifications ere this !"

exceedingly spirit-stirring poem, and are not inferior in “Oh they may come yet. But, my charming vigor to the Marseilles Hymn; but they are in truth an Madame Tiltrina, the pirates must have taken original poem. They do not convey the ideas and sentiments another direction, we have lost sight of them. of the French of Rouget de Lisle. How would it be as we are so near the earth if we were to take a slight breakfast ? Allow me the pleasure of inviting you to partake of one. After travelling in the air one has always an

I. appetite." “You are too kind, Mr. Dunnspecht, but I ac

Ye sons of France, ho! now 's the hour! cept your invitation. Where shall we put up?"

The day of glory dawns for you : “I think in Frankfort, the second city in the

See frowns of tyrants o'er you lower!

Their blood-stained banner streams in view: kingdom of Hessia, in the China Hotel formerly known as the White Swan, we shall be excel

Hark! hark! where'er that flag is floating, lently served. Mr. Kühner has always the fresh

Exulting Slaughter's shouts are beard ! est sea-lobsters and the most costly skiras.”

On comes the foe, at tyrants' word

Your children, wives, to death devoting. “Just as you please, Mr. Dunnspecht.” And the two little ships peaceably descended

To arms! to arms! ye men! together to Frankfort, which, since the last peace,

In serried ranks adrance ! had united itself for the kingdom of Hessia, for

March on! march on! that tyrants' blood merly a Grand Duchy, for its own welfare and

May fertilize our France ! benefit. They descended in the Comedien Platz and proceeded to the China Hotel.

II. “You have had enough for one time,” said the

This horde of slaves by traitors headed! devil drawing a bolt over the glass, "another time

These banded kings, what is't they seek? you shall see more.” And with a stroke of his

For whom prepared these letters dreaded ? stick the box once more resumed its original shape For whom these chains so long they keep? of a table.

Ye men of France! for us intended! " That is all well enough," said Michel, "if you What indignation should we feel, have not been deceiving me."

When tyrants thus their plans reveal, “By no means, you have seen nothing but the Renewing bondage which we ended! bare truth in the mirror."

To arms! lo arms ! ye men! “ Well then our successors will have it a hun

In serried ranks advance ! dred times better than we ourselves. But now

March on! march on that tyranls' blood for Vienna."

May fertilize our France.

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