kingston onicle nec rege nec populo sed uf roque vol 12 saturday october 2 1830 no 14 literature for the chronicle i know not mr editor whether you have met with a very interesting little volume edited by alaric a watts called the poetical album and register of modern fugitive poetry all the pie ces ot which it is composed by the first authors war date before 1824 and in the words of the preface may be pronounced to apply mrcole- ridges phrase almost aa good as manuscript i hope i am not intrusive in recommending to a place in your valuable columns the following se lection lucifilus baixad this touching ballad from the pen of the ami able and tasteful author of the autumnal ex cursion mr thomas pringle was written a short time before his departure from teviotdale for the cap of good hope it was adapted to the fine old border air of my good lord john our native land our native vale a long a last adieu farewell to bonny teviotdale and cheviots mountains blue 1 farewell ye hills of glorious deed and streams renowned in song farewell ye blithesome braes and meads our hearts have loved so long farewell yebroomy elfin knowes where thyme and harebells growl farewell ye hoary haunted howes oerhung with birk and sloe the battle mound the border tower that scotias annals tell the martyrs grave- the lovers bower to each to all farewell home of our hearts i our father home land ofthe brave and free the sail is flapping on the foam that bears us far from thee we seek a wild romantic shore beyond the atlantic main wc leave thee to return no more or view thy clifls again but may dishonour blight our fame and quench our household fires when we or our forget thy name green island of our sires our native vale our native vale a long a last adieu farewell to bonny teviotdale and scotlands mountains blue the inverness courier from the quebec mercury royal naval biography or memoirs of tte services of all the flag officers su perannuated rear- admirals retired cap tains post- captains and commanders zfcifc by john marshall lieuteuaot r n supplement part iv 8 to pp 458 london 1830 longman co of tbe former portions of this well ar ranged naval record vve have more than bad creation to speak in terms of we once pratse and we believe that the work in general is too well known to require that weanouvanawgo soft its taftmo4e of execution c the most remarkable par ticulars in the present volume seem to be the memoirs of captain basil hall parry and obrien the last of whom our read ers will recollect underwent some severe trials and sufferings in his repeated endea- tom to escape from french captivity in the year 18089 the biographies of these distinguished officers cannot fail to be en tertaining we were also much amused by the number of lively and characteristic anecdotes scattered here and there through out the volume the following is one of these which occurs in the memoirs of captain badcock while serving in the a- merican war on one of these occasions a marine earned patrick gallaghan behaved with great coolness and presence of mind while posted at somo distance from the working party observing 6ve american horse men ride down to the corner of a wood from whence three of them galloped to wards him he immedialely got behind a haystack cocked his musket and waited their approach they passed without see ing him and dismounted when he in stantly called out surrender you rascals 1 have you all in a line and by j s i will shoot you altogether if you do not throw down your arms they immedi ately complied and he marched them be fore him horses and all to the beach un fortunately this brave fellow was unfit for promotion being too fond of strong drink and therefore could not be rewarded this circumstance serves to show how much an order of merit is wanted in the naval ser- wice for how many hundreds of sailors and marines have like patrick gallaghan richly deserved medals of some other ho norary distinctions who for the same rea son could oot be made petty or noncom missioned officers this order of merit proposed by the lieutenant would we think bo productive of rather disorderly effects as it would ap pear that no man who is not a confirmed drunkard would be eligible we should like to see a chapter held by the order the medals too would be without paral- rellel io any mode of decoration yet extant for to be explanatory the services of the elect should be represented on one side while the reverse should present an effigy of the golly god astride on a barrel to sig nify emblematically why the wearers gallantry was not rewarded as usual by now dont i dangle a fine medal to my button the following is a stricking anecdote the fact accurred on board h- m sloop pilot capt j t nicholas when in con test with la legere an instance of heroism occurred du ring that action wbch has seldom bees surpassed and which is scarcely rivalled by even greek or roman valour- the pilot having had ber main topsail yard shot a- way the people were employed aloft io preparing to send up another and were in the act of reeving a hawser for the purpose when a voice was beard from tho cabin to which as is usual in brigs the wounded were sent and through the skylight of which the main mast is visible exclaiming you are reeving the haw ser the wrong way this proved to be the case and on looking down to see who bad detected the mistake at the mast head it was found to be john powers quarter masters mate who was at the mo ment lying on his back on the table under the skylight undergoing the amputation of his tbigh his leg having just before been carried away by a round shot the man who under such circumstances can only think of bis duty is a hero and whether a common sailor or an admiral deserves to have his name placed on record john powers was an irishman about 22 years of age it was not likely that his conduct should pass unnoticed and on his cap tains representing it he obtained for him the object of his ambition a cooks war rant lie was io the drake slocpof war when that vessel was wrecked ou the cuaht of newfoundland and though with but one leg was amongst the eleven men who were saved in the memoir of captain john smith fi we find a 6imple and ingenious remedy tor an evil too often occurring in tropical cli mates and known by the name of night- blindness in sept 1801 the merlin cruising on the north side of jamaica captured a small spanish privateer mounting one gun on a circularswecp and mr smith then rated as master mate was sent io her with twenty men to cruise as a teojer in a few day says be at least half the crew were affected with noctalopia we were chased one morning by a large xebvc carrying from eighty to a hundred men and towards evening she was fast pulling up to us our people having been faggiug at their oars many hours without any re lief knowing that night would deprive half our crew of si ht it was proposed to try our strength with the enemy while it was yet daylight this was answered by three cheers- the oars were run across and the enemy by this time being within gunshot the action commenced after a time to our great relief she sheered off and pulled away from us we in our turn became the pursuers but when night came on we took especial care to keep our bead from the xebec aod saw no more of her this circumstance put me on de vising some means ofcuriog the people af fected with nightblindnesf aid i could think of none better thau excluding the fajl ftf b stt fkmb ooo eyo during the day by placing a handkerchief over it aod i was pleased to find on the succeed- ing night that it completely answered the desired purpose and that the patientcouh see perfectly well with the eye which bad been covered during the day so that io fu ture each person so affected had one eye for day and tbe other for night and if was amusing enough to see jack guarding with tender care his night eye from any the slightest communication with the suns rays and occasionally changing the ban dage that each eye in turn might take a spell of night duty it beinp found thai guarding the eye for one day was sufficient to restore the tone of the optic nerve h torpor of which and ofthe retina is sup posed to be the proximate cause ofthe di ease i much question whetherany pure ly medical treatment would have had so complete and abeve all so immediate an effect persons affected with nectalopi became perfectly blind as night approach es and continues so till the return of day light tbe medical treatment recom mended is bleeding and purging blisters applied repeatedly to tbe temples close to the external canthus of the eye cinchona bark joined with chalybeates c all hi which was impracticable by us having no medicine on board our little vessel 1 am aware that this disease frequently attends scurvy in tropical climates and is some times occasioned by derangement of the digestive orgaos and hepatic system in which cases our simple treatment would be useless but in the above iostance it was evidently caused only by the sun lieutenant marshalls work is no doubt highly estimated by his profession we as civilians recommend it to the general reader as a chronicle of interesting facts necessary to he known by every one who feels a laudable curiosity as to the history of bis country night before in quest of employment he had walked but a few minutes in thestrand near somerset house when a gentleman met him who accosted him thus my lad would you oblige me by carrying this note o chancery lane at the same time handiug him the note with an english shilling saying i will give you this shilling for so doing curtiss instantly took the money and punctually delivered the note to whom directed on his return he met a poor woman near temple bar who ap parently was in great distress and although but a boy she solicited charity of him curtiss askod the suppliant what it was that she had under her arm to which she replied by showing him a little white kit ten he immediately offered her all the mo ney he had for it being tbe shilling he had just earned with which she was highly pleased curtiss then set off with his k it- re n for charing cross on his way thither a gentleman met him near exeter change not far from the adelplti who espyiug tbe kitten asked tho lad what it was that he had under his ragged blauket curtiss told him it was a kitten the gentleman requested to look at it which be did and examined it most critically then said my lad you are very much mistaken it is no kitten but a white weasel will you sell it yes sir says curtiss what will you give for it five guineas said the gentleman the kitten then sir is yours curtiss re ceived the money delivered over the kit ten to the stranger then walked off with his guineas in bis pocket the day folio w- int curtiss who by tho by was a very handsome utile hoy hastened to crafl- bourne alley iq procure for himself proper and respectable clothing so that he might appsar as well dressed as any of the res- nppfimrjvriffl i mwliii liih i ftl accomplished with two guineas being thus fceuteelly equipped and hearing the bcl riug for divine service at white hall wheie king charlestue first was behoaded by that arch hypocrite aad tyrant oliver cromwell he repaired thither nnd paid strict attention to what fell from the lips of tlie lord bishop of durham who on that occasion delivered an eloquent sermon on leaving the royal chapel a lady ap parently of great distinction dropped her white cambric handkerchief which young curtiss observed as it fell he instantly picked it up and ran to the carriage just as it was going to drive off and presented to tbe owner her handkerchief who proved to he her grace the duchess of devonshire the politeness and gallantry of the boy was bighly pleasing to her grace and she directed him to take e seat in her carriage that she might inquire into his situation aod circumstances the boy most readily ac cepted the kind offer and had the honor of remaining io her graces palace until she placed him in the westminster school where by her houuty aod goodness he re ceived au excellent education as he grew up he was distinguished for talents aod worh so much so as to become at length a member of parliament where he did himself great honor particularly in advo cating the abolition of the african slave trade in the recess of parliament mr qoxm vwited the wftwrini place nt mar gate where by mere accident he fell in company with a most beautiful and accom plished youug lady about twenty years of age by name deodama who possessed every grace nnd virtue that man could wish or desire to make him happy on declar ing to the fair one his passion deodama was equally pleased with mr curtiss who wasofelegantform graceful manners and of the most manly beauty it was agreed between them that the matter should be made known to the father of the lady which was done the father not circumstances mr curtiss i could not re fuse you my beloved daughter and at my death i shall leave you and her all my for tune which is considerable co and be happy france charactek of an heiress louisa creswell with a form and eye and charms well calculated both to inspire a passioo and to harbor one was decjded- ly incapable at least as yel of the latter whims she had and wishes monfeutary preferences kindness softness but love she could not entertain she could not fee it and yet she made huge attempts tliereat she read of passion the vo lumes of a novel or of byron told what it was she heard of affection as what she should feel and yet she was incapable of that secondary or artificial feeling which even the coldest hearts arrite at such is the plain trutha truth that no one who knew ber suspected and that indeed few in this sage world could believe true of any woman such a temperament in the com mon walks of life would have succeeded ad mirably and such do perhaps bid fairer for happiness than warmer ones for io such hearts hymen is apt to light up the la mo that cupid might have puffed for ages at in vain- 11 but unfortunately poor louisa was an heiress 6he bad the gift of thousands sufficient to content and elevate in a worldly sense whomsoever she might se lect aho was good toohonne as the french say which means more than good and though despising neither rank nor title she could have done without either she wanted happiness and had certainly she thought wherewithal to purchase or com- from the new york american constitutional charter of france we have thought it would be interest ing to our readers to have before their eyes a copy of that charter which the mi nistry of charles x so signally violated and have accordingly translated it from a copy in our possession pre6xed to the vo lume ofthe five codes and now lay it before our readers we may safely pre dict that the next constitutional charter of france will have amore legitimate aod more durable foundation than the free will and octroi of any king it will spring from thepeople from those who are to be most affected for the present and all future time by its provisions and it will dis tinctly assert that tbe sovereign who shall heoceforth rule over france for the monarchy will we canuot doubt be pre- servedrulest only by virtue and in right ofthe constitution constitutional charter louts by the grace of god king of france and navarre to all who shall see these presents greeting whereas c c here is a long recital ofthe cau ses which induce the king to grant tbe iaqsmkiiurm charter therefore we have voluntarily d0vi 28 peers are entitled to their seats at 25 but cannot vote before 30 29 the house of peers have for presi ding officer the chancellor of france and in bis absence some peer named by tho king 30 tho members of the royal family and princes of the blood are peers in right of their birth they take rank immediate ly after the president but havo no vo to till 25 31 the princes can only take their soats by au order ofthe king expressed at each session by a message under pain of nullity to every thing transacted during their presence 32 tho deliberations of the peers are all secret 43 the house of peers takes cogni zance ofthe crime of high treason aod at tempts against the safety ofthe state as they shall be deemed by law 34 no peer can be arrested except by the authority ofthe house and it judges its members in all criminal matters of the chamber of deputies op de partments 35 this chamber shall be composed of deputies elected by the electoral colleges the organization of them shall be deter mined by law 36 each department shall have tho ti i i her nature difficult to pleabo and she waived and put aside with all tho easy firmness and impertinence of an establish ed beautythe thickcoming addresses of the common race of dandies a man of humbler claim though of no less pride succeeded in makng some im pression fitzerne was lie no per sonage was so uncommon rr more hand some he was dark reserve susceptible just the stuff for a hero and though never condescending to be seotimeital or giving tokens of such faculty yet le must be so now what had louisa to dovith sentiment seeing she oeithor bad nor mmprebeaded it so it was the incomprehensible had charms for her and fiizern v as smiled on fitzeroe on his partif he had fixed upon one maxim in life it vns that of not being interested or ambition in his loves he had steeled his heart agahst highborn beauty he meant it seencd highborn beauty with the pride and ibdifference of birth about it but the said beauty deck ed in 6miles in meaning smiles acting kindoess looking preference for that he was not prepared it perplexed flattered frightened him- pride and vanity bad a smart wrestle together withio him but the heels of pride were tripped up he loved the lady for her charms bet heart for bim to have doubted that sire had one would have been infidel indeed ijuw eye though generally languidl could yet light up her form and oxprawstoo promis ed feeliog which propriety and good breed- iog no doubt concealed and the said feeling and warmth which fiwzerne sup posed in her was more valuable in his eyes because like other charms it lay veiled moreover the beauty uttered do silliness she had been too well bred tmperament and education had endowed her with an apathy that was at once modish and con venient and rendered her fortunately con- only tented with looking prefection without en- and by the free exercise of our royal autho rity granted and do grant make conces sion aod octroi to our subjects as well for ourselves as our successor and forever of the followiog constitutional charter public riohts of the french article 1 frenchmen are equal before thejaw whatever otherwise be their rank 2 they contribute without distinction in proportion to their fortune to tbe public charges 3 they are all alike ndmissable to civil and military employments 4 individual liberty is equally guaran tied no one can be either pursued or ar rested except in cases foreseen by the law and in the forms which it prescribes 5 every one is at liberty to profess his own religion and the same protection is assured to each form of worship 37 the deputies shall be elected for five years and in such manner that the cham ber shall be renewed by onefifth annu ally 38 no one can be admitted as a deputy who is oot 40 years old and does not pay a direct tax of one thousand francs utjm fiajfiher requisite age and paying the prescribed tax that number shall be made up out of those paying the nearest to one thousand francs and the person thus selected shall be alike eligible with others 40 electors of deputies must pay a di rect tax of three buodced francs and have attained 30 years of age 41 presidents of electoral colleges are named by the king and become of right members of the college 42 one half at least of the deputies 7 nevertheless the catholic apostoli- mu oiee i from among those whose- promotion this is the bane aod anti dote pat would no doubt congratulate himself upon so honourable a distitictioo and say see what ive got by the dhriok sure ifl had been a sober man the divil nfbre id a bad but a sergeants halbort from the new york standard the white weasel an original tale by a gentleman at netoyork for his little grand sons to emulate inthereigo ofkiog george the iii there lived a boy in london who was horn in the neighborhood of st pauls cathedral by the name of curtiss he was left an orphan child at the age often years desti tute not a penny in the world the ques tion was with him although so youog what shall i do he resolved that he would run of errands for any one who would em ploy bim early one morning ho sallied forth from the hovel where he had slept the gave his consent to their union but also countering the more arduous attempt of settled upon his daughter twenty thousand speaking or of acting it pounds sterling and appointed mr curtiss her trustee ou the day of her marriage he put a diamond ring on the finger of his beloved daughter of the value of two thous and guineas as a token of his love aod af fection which ring had some time previ ously been presented to him by tbe great catharine empress of russia to mr curtiss he preseoted a bank note ofthe bank of england of jive thousand pounds observing at the same time mr corliss 1 verily believe that you have the greatest tuve and esteem for my beloved deodama my only child and she having signified to me her attachment for you i give her to you to wife but first i must tell you mr curtiss that independent of your great worth and talents you had stronger claims on me for my beloved daughter thao any other gentleman whomsoever the facts ate these when deodama communicated to roe that an attachment subsisted be tween you and her j immediately applied to her grace the duchess of devonshire your friend and patroness to make somo inquiry of her grace into your history and character the duchess gave me with other matters perfectly satisfactory the most irrefragable proof of your being the identical boy of whom i purchased the white weasel near exeter change in the strand out of which i made my fortune as follows i disposed of the white weasel to the great bashaw of egpt io exchange for ten hogsheads of opium which isold in the old city of byzantium which was built by a colony of athenians now vulgar ly called constantinople to a great tea merchant of canton in the east indies and received of him teas aod spices of that country in payment for the opium my teas and spices i shipped and brought them safe to london the queen ofall cities where in a short time after their arrival 1 had the good fortune to sell them to the london east india company for ont plumb alias oue hundred thousand pounds stcrliug which was paid me in specie at the bank of england under all these fitzeroe however was mistrustful his character however 6rro aod derisive in ail other considerations was wavering and wayward in this pride checked bim at one time the fear of being ridiculous at another suspicion would at times intrude he was a suitor after the fashion of sheri dans falkland except that his suspici ons were of himself more thao of his mis tress miss creswell grew soon weary of those tortuosities of sentiment though fitzeroe was of a sincerity in all these moods that actually put him to torture still as he externally covered all with the most smiling and easy air his conduct naturally appeared to the lady as mystification as coquetry in fine which inmatt is tbe most despicable of all realities or appearances tbe explication of this conduct on the part of fitzerne may appear hereafter it of course aleniated miss creswell why did she not listen to any one of the nobler orbighborn suiters thatattended hersteps she did oot so but met their approaches with coldness strange inconsistency of human nature she sought a passion who was incapable of feeling one aud would not bo contented with less youog willoughby crossed her path aud the mix ture of feeling and foppery that appeared in him charmed her he possessed the road gaiety of youth while that of fitzerne was of the manly and caustic kind then he was frank free open without a shadow of mistrust or of hidden thought it was a relief to talk with him after having conversed with fitzerne and although the latter had put him on the first step iu life had impeded tho first wing be raised therein still that moment of success was sufficient for willoughby he kept the place that chance end fitzerne bad thrust him to and took with happy au dacity tbe sanction that it would have re- quired some years experience naturally to have attained english at home cal and roman religion is the religionof the state 7 ministers of the catholic apostolic and roman religion and that of other christian denominations alone receive sa laries from the royal treaaury 8 frenchmen have the right to publish and print their opinions in conforming to the laws for regulating tbe abuse of this li berty 9 all property is inviolable without any exception of that called national the law not acknowledging any distinction be tween them 10 the state may exact the sacrifice of any particular piece of property if the pub lic interest duly established shall require it but only on a previous indemnification 11 all scrutiny as to votes or opinions uttered previous to tho restoration is for- niddeb x ihfedilvfft to tribunals and citizens 12 the conscription is abolished the mode of recruiting the sea and laod forces is determined by law form of the kings government 13 the person ofthe king is inviolable aodsflcred his ministers are responsible to the king alone belongs tho executive power 14 the king is the supreme head of the state commands the army and navy de clares war makes treaties of peace alli ance and commerce appoints to office and makes the rules and ordinances neces sary for the execution of the laws and the safety of tbe state 14 the legislative power is vested col lectively in the king tbe house of peers and the house of deputies 16 the king proposes all laws 17 the proposal of a law is made at the pleasure ofthe kiog to the house of peers or that of deputies except laws for laying and collecting taxes which must be firat addressed to tbe house of deputies 18 every law is to be freely discussed and voted by a majority of each chamber 19 the chambers have the faculty of supplicating the kiog to propose laws up on any given subject and to point out what it appears to them fitting that such laws should contain 20- such a request may be made by ei ther of the chambers after having been discussed io secret committee it can only be sent to tbe other chamber by that pro posing it after an interval of en days 2 if the proposition is adopted bythe other chamber it shall be submitted to the king if it is rejected it cannot be repro duced in the same session 22- the king alone sanctions and pro mulgates the laws 23- the civil list is fixed for the whole reign by the first legislature assembled after the accession ofthe kiog of the housg of peers political doraicil is in the department 43 the president of tbe chamber of 24- the house of peers is an essential part of the legislative power 25- it is convened bythe king at the same time with the house of deputies the session of each begins aud finishes at the same time 26- any meeting of the house of peers held at any time when the deputies are not in session or which should not be ordered by the king is unlawful and void 27 the nomination of peers of france belongs to the kiog their number is un limited he may vary their dignities name them for life or make them heredi tary according to his pleasure deputies is designated by the king from a list of five members presented by the chambers 44 the sessions of tbe chamber are public but upon the demand of five mem bers the doors may be closed 45 the chambers will divide itself into committees bureaux to discuss tbe pro ject of laws presented by the king 46 no amendment can be made to a law unless proposed or consented to by the king nor until it has been referred and discussed in committees 47 the chamber of deputies receive all propositions respecting taxes and it ie only when such propositions have beea adopted by tbe chamber that they can be sent to the peers ftttlli hfctfa l ed unless consented to by the chambers and sanctioned by the king 49 the land tax is only voted forono year the indirect taxes may bo voted for several years 50- the kiog convenes the two cham bers every year he prorogues them and may dissolve the chamber of deputies but io this case he must convene a new ooe io the space of three months 51 no member can be imprisoned du ring the session nor during the six week preceding and following it 52 no member can during tbe session be prosecuted nor arrested on any crimi- nalcharge except when takon flagrante de- uctut without tbe permission of tho cham ber 53 petitions to either house can only be made and presented io writing the iaxr forbids any ooe from bringing a petition in person to the bar of ministers 54 ministers may be members of either house tbey have moreover tbe right of entry to each house and are to be heard wben they require 55 the chamber of deputies has the right of accusing ministers and of arraign ing them before tbe house of peers who alooe have tbe rigbt of judging them 56 they can only be accused of trea son or peculation special laws will par ticularize tbe nature of these offences aod will determine how tbey are to be prosecuted of the judiciary- art 57 all justice is derived from the- king aod is administered in his name by judges whom he appoints 58 tbe judges appointed by the kins are oot removeable 59 the courts and ordinary tribunals now existing are maintained nothing shall be changed with respect to them buk by virtue of a law 60 the existing institution of judges of commerce is preserved 61 that of justices of tho peace is is like manner preserved justices of tho peace though appointed by tbe kiog are notirremoveable 62 no one can be withdrawn from hie natural judges 63 consequently no commissions nor extraordinary tribunals can be created prevotal courts if their reestablishment is deemed necessary are not included ia this prohibition 64 the discussions io criminal proceed ings shall be public except when such pub licity may be dangerous to order and good morals 1 in which case tbe court shall so pronounce