of your countrymen behind them-they were somethin less beasts than your drove, doddies most of them-ab man was with them-none of your kilts though, but decent pair of breeches-D'ye know who he may be?" "Hout ay-that might, could, and would pe Hugh Morrison-I didna think he could hae peen sae weel u He has made a day on us; put his Argyleshires will ha wearied shanks. How far was he pehind?"

of their journey permitted. Each, indeed, found his ad- They arrived at the field, and the pasture seemed exvantage in this companionship; for where could the Eng-cellent. But what was their surprise when they saw the lishman have found a guide through the Western High-bailiff quietly inducting the cattle of Harry Wakefield lands like Robin Oig M Combich? and when they were into the grassy Goshen, which had just been assigned to on what Harry called the right side of the Border, his pa- those of Robin Oig M'Combich, by the proprietor himtronage, which was extensive, and his purse, which was self. Squire Ireby set spurs to his horse, dashed up to heavy, were at all times at the service of his Highland his servant, and learning what had passed between the friend, and on many occasions his liberality did him ge- parties, briefly informed the English drover that his guine yeoman's service. bailiff had let the ground without his authority, and that he might seek grass for his cattle wherever he would, since he was to get none there. At the same time he rebuked his servant severely for having transgressed his commands, and ordered him instantly to assist in ejecting Na, na, Hughie Morrison is no the man for pargain the hungry and weary cattle of Harry Wakefield, which-ye maun come to some Highland body like Robin Of were just beginning to enjoy a meal of unusual plenty, hersell for the like of these put I maun pe wishing yo and to introduce those of his comrade, whom the English goot night, and twenty of them, let alane ane, and drover now began to consider as a rival. maun down to the Clachan to see if the lad Henry Waal felt is out of his humdudgeons yet."

The feelings which arose in Wakefield's mind would have induced him to resist Mr. Ireby's decision; but every Englishman has a tolerably accurate sense of law and justice, and John Fleecebumpkin, the bailiff, having acknowledged that he had exceeded his commission, Wakefield saw nothing else for it than to collect his hungry and disappointed charge, and drive them on to seek quarters elsewhere. Robin Oig saw what had happened with regret, and hastened to offer to his English friend to share with him the disputed possession. But Wakefield's pride was severely hurt, and he answered disdainfully," Take it all, man-take it all-never make two bites of a cherry-thou canst talk over the gentry, and blear a plain man's eye-Out upon you, man I would not kiss any man's dirty latchets for leave to bake in his oven.'

The pair of friends had traversed, with their usual cordiality, the grassy wilds of Liddesdale, and crossed the opposite part of Cumberland, emphatically called The Waste. In these solitary regions, the cattle under the charge of our drovers subsisted themselves cheaply, by picking their food as they went along the drove-road, or sometimes by the tempting opportunity of a start and ower loup, or invasion of the neighbouring pasture, where an occasion presented itself. But now the scene changed before them; they were descending towards a fertile and enclosed country, where no such liberties could be taken with impunity, or without a previous arrangement and bargain with the possessors of the ground. This was more especially the case, as a great northern fair was upon the eve of taking place, where both the Scotch and English drover expected to dispose of a part of their cattle, which it was desirable to produce in the market, rested and in good order. Fields were therefore difficult to be obtained, and only upon high terms. This necessity occasioned a temporary separation between the two friends, who went to bargain, each as he could, for the separate accommodation of his herd. Unhappily, it chanced that both of them, unknown to each other, thought of bargaining for the ground they wanted on the property of a country gentleman of some fortune, whose estate lay in the neighbour- Robin Oig, sorry, but not surprised at his comrade's dishood. The English drover applied to the bailiff on the pleasure, hastened to entreat his friend to wait but an hour property, who was known to him. It chanced that the till he had gone to the Squire's house, to receive payment Cumbrian Squire, who had entertained some suspicions of for the cattle he had sold, and he would come back and his manager's honesty, was taking occasional measures to help him to drive the cattle into some convenient place of ascertain how far they were well founded, and had desired rest, and explain to him the whole mistake they had both that any inquiries about his enclosures, with a view to fallen into. But the Englishman continued indignant: occupy them for a temporary purpose, should be referred" Thou hast been selling, hast thou? Ay, ay-thou is a to himself. As, however, Mr. Ireby had gone the day cunning lad for kenning the hours of bargaining. Go to before upon a journey of some miles' distance to the north- the devil with thyself, for I will ne'er see thy fause loon's ward, the bailiff chose to consider the check upon his full visage again-thou should be ashamed to look me in the powers as for the time removed, and concluded that he face." should best consult his master's interest, and perhaps his own, in making an agreement with Harry Wakefield. Meanwhile, ignorant of what his comrade was doing, Robin Oig, on his side, chanced to be overtaken by a well-looking smart little man upon a pony, most know. ingly hogged and cropped, as was then the fashion, the rider wearing tight leather breeches, and long-necked bright spurs. This cavalier asked one or two pertinent questions about markets, and the price of stock. So Donald, seeing him a well-judging civil gentleman, took the freedom to ask him whether he could let him know if there was any grass-land to be let in that neighbourhood, for the temporary accommodation of his drove. He could not have put the question to more willing ears. The gentleman of the buckskins was the proprietor, with whose bailiff Harry Wakefield had dealt, or was in the act of dealing.

Thou art in good luck, my canny Scot," said Mr. Treby, to have spoken to me, for I see thy cattle have done their day's work, and I have at my disposal the only field, within three miles, that is to be let in these parts "The drove can be gang twa, three, four miles very pratty weel, indeed," said the cautious Highlander; "put what would his honour pe axing for the peasts pe the bead, if she was to tak the park for twa or three days ?" "We wont differ, Sawney, if you let me have six stots for winterers, in the way of reason."

“And which peasts wad your honour pe for having?" Why-let me see the two black-the dun one-yon doddy-him with the twisted horn-the brockit. How much by the head ?"

"Ab," said Robin, "your honour is a shudge-a real shudge I couldna have set off the pest six peasts myself, me that ken them as if they were my pairns-poor things!" Well, how much per head, Sawney," continued Mr. treby. "It was high markets at Doune and Falkirk," answered Robin.

66

And thus the conversation proceeded, until they had agreed on the prix juste for the bullocks, the Squire throwing in the temporary accommodation of the encio. sure for the cattle into the boot, and Robin making, as he thought, a very good bargain, providing the grass was but tolerable. The Squire walked his pony alongside of the drove, partly to show him the way, and see him put into possession of the field, and partly to learn the latest news of the northern markets.

"I am ashamed to look no man in the face," said Robin Oig, something moved;" and, moreover, I will look you in the face this blessed day, if you will bide at the Clachan down yonder."

"Mayhap you had as well keep away," said his comrade; and turning his back on his former friend, he col lected his unwilling associates, assisted by the bailiff, who took some real and some affected interest in seeing Wakefield accommodated.

I think about six or seven miles," answered th Squire, for I passed them at the Christenbury Crag and I overtook you at the Hollan Bush. If his beasts leg-weary, he will be maybe selling bargains."

66

The party at the alehouse were still in full talk, at the treachery of Robin Oig still the theme of conversation when the supposed culprit entered the apartment. H arrival, as usually happens in such a case, put at insta taneous stop to the discussion of which he had furnished the subject, and he was received by the company presen with that chilling silence which, more than a thousand e clamations, tells an intruder that he is unwelcome. Su prised and offended, but not appalled, by the receptio which he experienced, Robin entered with an undaunte and even haughty air, attempted no greeting, (as saw he was received with none) and placed himself the side of the fire, a little apart from a table at whic Henry Wakefield, the bailiff, and two or three other pa sons were seated. The ample Cumbrian kitchen woul have afforded plenty of room even for a larger separation Robin, thus seated, proceeded to light his pipe, and for a pint of twopenny.

We have no twopence ale," answered Ralph Hesket the landlord; but as thou find'st thy own tobacco, like thou may'st find thine own liquor too: it's the wont a thy country, I wot.

"Shame, goodman," said the landlady, a blithe bust ling housewife, hastening herself to supply the guest with liquor-" Thou knowest well enow what the strange man wants, and it's thy trade to be civil, man. Thou shoulde know, that if the Scot likes a small pot, he pays a sure penny."

Without taking any notice of this nuptial dialogue, the Highlander took the flagon in his hand, and addressing the company generally, drank the interesting toast of "Good markets," to the party assembled. "The better that the wind blew fewer dealers from the north," said one of the famers," and fewer High runts to eat up the English meadows."

Saul of my pody, put you are wrang there, friend," answered Robin, with composure; "it 14 fat Englishmen that eat up our Scots cattle, puir this

"I wish there was a summat to eat up their droves said another, "a plain Englishman canna make bes within a kenning of them."

"Or an honest servant keep his master's favour, ba they will come sliding in between him and the sunshine, said the bailiff.

After spending some time in negotiating with more than one of the neighbouring farmers, who could not, or would not, afford the accommodation desired, Henry Wakefield at last, and in his necessity, accomplished his point by means of the landlord of the alehouse at which Robin Oig and he had agreed to pass the night, when they first separated from each other. Mine host was content to let him turn his cattle on a piece of barren moor, at a price little less than the bailiff had asked for the disputed enclosure; "If these pe jokes," said Robin Oig, with the s and the wretchedness of the pasture, as well as the price composure, there is ower mony jokes upon one ma paid for it, were set down as exaggerations of the It is no joke, but downright earnest," said the ba breach of faith and friendship of his Scottish crony. This" Harkye, Mr. Robin Ogg, or whatever is your name, turn of Wakefield's passions was encouraged by the bailiff, right we should tell you that we are all of one opin (who had his own reasons for being offended against poor and that is, that you, Mr. Robin Ogg, have behaved Robin, as having been the unwitting cause of his falling our friend Mr. Harry Wakefield here, like a raff and into disgrace with his master,) as well as by the innkeeper, blackguard." and two or three chance guests, who soothed the drover in his resentment against his quondam associate some from the ancient grudge against the Scots, which, when it exists any where, is to be found lurking in the Border counties, and some from the general love of mischief, which characterizes mankind in all ranks of life, to the honour of Adam's children be it spoken. Good John Barleycorn also, who always heightens and exaggerates the prevailing passions, be they angry or kindly, was not wanting in his offices on this occasion; and confusion to false friends and hard masters, was pledged in more than one tankard.

"Nae doubt, nae doubt, answered Robin, with g composure; and you are a set of very feeling jude for whose prains or pehaviour I wad not gie a pinch sneeshing. If Mr. Harry Waakfelt kens where he wranged, he kens where he may be righted."

"He speaks truth," said Wakefield, who had listene to what passed, divided between the offence which he ha taken at Robin's late behaviour, and the revival of habitual habits of friendship.

He now rose, and went towards Robin, who got up fro his seat as he approached, and held out his hand. "That's right, Harry-go it-serve him out," resounde on all sides tip him the nailer-show him the mill." "Hold your peace all of you, and be," said Wake field; and then addressing his comrade, he took him t the extended hand, with something alike of respect a "Robin," he said, "thou hast used me enough this day; but if you mean, like a frank fellow, shake hands, and take a tussel for love on the sod, I'll forgive thee, man, and we shall be better friends that

In the meanwhile Mr. Ireby found some amusement in detaining the northern drover at his ancient hall. He caused a cold round of beef to be placed before the Scot in the butler's pantry, together with a foaming tankard of home-brewed, and took pleasure in seeing the hearty appetite with which these unwonted edibles were discussed defiance. by Robin Oig M'Combich. The Squire himself, lighting his pipe, compounded between his patrician dignity and his love of agricultural gossip, by walking up and down while he conversed with his guest. "I passed another drove," said the Squire, "with one And would it not pe petter to be cood friends withou

ever.

of the matter," said Robin; "we will be much friendships with our panes hale than proken." arry Wakefield dropped the hand of his friend, or rathrew it from him.”

I did not think I had been keeping company for three s with a coward."

Coward pelongs to none of my name," said Robin, se eyes began to kindle, but keeping the command of temper. "It was no coward's legs or hands, Harry akfelt, that drew you out of the fords of Frew, when was drifting ower the plack rock, and every eel in the rexpected his share of you."

And that is true enough, too," said the Englishman, ck by the appeal.

Adzooks!" exclaimed the bailiff,-" sure Harry Akefield, the nattiest lad at Whitson Tryste, Wooler r, Carlisle Sands, or Stagshaw Bank, is not going to wwhite feather? Ah, this comes of living so long h kilts and bonnets-men forget the use of their Idles."

THE KALEIDOSCOPE.

before setting to, but fought with his plaid dangling about
him. Stand up, Robin, my man! all friends now; and
let me hear the man that will speak a word against you,
or your country, for your sake."

Robin Oig was still under the dominion of his passion,
and eager to renew the onset; but, being withheld on the
one side by the peace-making Dame Heskett, and on the
other aware that Wakefield no longer meant to renew the
combat, his fury sunk into gloomy sullenness.
"Come, come, never grudge so much at it, man," said
the brave-spirited Englishman, with the placability of his
country, "shake hands, and we will be better friends than
ever."
"Friends!" exclaimed Robin Oig, with strong empha
sis, "friends! never. Look to yourself, Harry Waakfelt"
"Then the curse of Cromwell on your proud Scots sto-
mach, (as the man says in the play) and you may do your
worst, and be d-d; for one man can say nothing more to
another after a tussel than that he is sorry for it.'
On these terms the friends parted. Robin Oig drew out,
in silence, a piece of money, threw it on the table, and then
left the alehouse: but, turning at the door, he shook his
hand at Wakefield, pointing with his fore finger upwards,
in a manner which might imply either a threat or a cau-
tion. He then disappeared in the moonlight.
Some words passed after his departure, between the
bailiff, who piqued himself on being a little of a bully,
and Harry Wakefield, who, with generous inconsistency,
was now not indisposed to begin a new combat in defence
of Robin Oig's reputation," although he could not use his
A general cry of No, no-no law, no lawyer, a belly-daddles like an Englishman, as it did not come natural to
him." But Dame Heskett prevented this second quarrel
and be friends," was echoed by the bystanders.
But," continued Robin," if I am to fight, I have no from coming to a head by her peremptory interference.
"There should be no more fighting in her house," she
ill to fight like a jackanapes, with hands and nails."
How would you fight then?" said his antagonist: said; "there had been too much already. And you, Mr.
though I am thinking it would be hard to bring you to Wakefield, may live to learn," she added, "what it is to
make a deadly enemy out of a good friend."
he scratch any
how."
"Pshaw, dame! Robin Oig is an honest fellow, and
will never keep malice."

I may teach you, Master Fleecebumpkin, that I re not lost the use of mine," said Wakefield, and then at on. "This will never do, Robin. We must have turn-up, or we shall be the talk of the country side. I be dd if I hurt thee-I'll put on the gloves gin u like. Come, stand forward like a man."

To pe peaten like a dog," said Robin; is there any on in that? If you think I have done you wrong, go before your shudge, though I neither know his law his language."

I would fight with proadswords, and sink point on je first plood drawn-like a gentleman." A loud shout of laughter followed the proposal, which, deed, had rather escaped from poor Robin's swelling art, than been the dictates of his sober judgment.

Gentleman, quotha!" was echoed on all sides, with a our of unextinguishable laughters" a very pretty genman, God wot. Canst get two swords for the gentlemen fight with, Ralph Heskett ?"

No, but I can send to the armoury at Carlisle, and ad the two forks to be making shift with in the mean*Tush, man," said another, "the bonny Scots come the world with the blue bonnet on their heads, and and pistol at their belt.” Best send post," said Mr. Fleecebumpkin," to the e of Corby Castle, to come and stand second to the the midst of this torrent of general ridicule, the lander instinctively griped beneath the folds of his But it's better not," he said in his own language. hundred curses on the swine-eaters, who know neither nor civility!" Make room, the pack of you," he said, advancing to former friend interposed his sturdy bulk, and his leaving the house; and when Robin Oig atto make his way by force, he hit him down on with as much ease as a boy bowls down a nine

"Do not trust to that-you do not know the dour temper of the Scotch, though you have dealt with them so often. I have a right to know them, my mother being a Scot."

"And so is well seen on her daughter," said Ralph Heskett.

like moles in size and slowness of motion on the broad face of the moor; and now he meets them-passes them, and stops their conductor.

"May_good betide us," said the Southlander" Is this you, Robin M'Combich, or your wraith ?"

"It is Robin Oig M Combich," answered the Highlander, "and it is not. But never mind that, put pe giving me the skene dhu."

"What! you are for back to the Highlands-The devil!-Have you selt all off before the fair? This beats all for quick markets."

"I have not sold-I am not going north-May pe I will never go north again.-Give me pack my dirk, Hugh Morrison, or there will pe words petween us.'

"Indeed, Robin, I'll be better advised or I gie it back to you-it is a wanchancy weapon in a Highlandman's hand, and I am thinking you will be about some barnsbreaking."

"Prutt, trutt! let me have my weapon," said Robin Oig impatiently.

"Hooly and fairly," said his well-meaning friend. "I'll tell you what will do better than these dirking doings.-Ye ken Highlander and Lowlander and Borderdyke. See, the Eskdale callants, and fighting Charlie men are a' ae man's bairns when you are over the Scots of Liddesdale, and the Lockerby lads, and the four Dandies of Lustruther, and a wheen mair grey plaids, are coming up behind; and if you are wranged, there is the hand of a manly Morrison, we'll see you righted, if Carlisle and Stanwix baith took up the feud.".

"To tell you the truth," said Robin Oig, desirous of eluding the suspicions of his friend, "I have enlisted with a party of the Black Watch, and must march off to-morrow morning."

"Enlisted! Were you mad or drunk?-You must buy that, if the drove sell." yourself off-I can lend you twenty notes, and twenty to

"I thank you thank ye, Hughie; but I go with good will the gate that I am going,-so the dirk-the dirk !", But "There it is for you then, since less wunna serve. news in the braes of Balquidder, that Robin Oig M'Comthink on what I was saying.-Waes me, it will be sair bich should have run an ill gate, and ta'en on."

Ill news in Balquidder, indeed!" echoed poor Robin; "put Cot speed you, Hughie, and send you good marcats. This nuptial sarcasm gave the discourse another turn; Ye winna meet with Robin Oig again either at tryste or So saying, he shook hastily the hand of his acquaintfresh customers entered the tap-room or kitchen, and others fair." left it. The conversation turned on the expected markets, and the report of prices from different parts both of Scot-ance, and set out in the direction from which he had ad"There is something wrang with the lad," muttered the land and England-treaties were commenced, and Harry vanced, with the spirit of his former pace. Wakefield was lucky enough to find a chap for a part of his drove, and at a very considerable profit; an event of Morrison to himself; but we will maybe see better into But long ere the morning dawned, the catastrophe of consequence more than sufficient to blot out all remem-it the morn's morning." brances of the unpleasant scuffle in the earlier part of the day. But there remained one party from whose our tale had taken place. It was two hours after the affray mind that recollection could not have been wiped away had happened, and it was totally forgotten by almost every by possession of every head of cattle betwixt Esk and Eden one, when Robin Oig returned to Heskett's inn. The This was Robin Oig M'Combich. "That I should place was filled at once by various sorts of men, and with have had no weapon," he said, " and for the first time in noises corresponding to their character. There were the my life!-Blighted be the tongue that bids the Highlander grave, low sounds of men engaged in busy traffic, with part with the dirk-the dirk-ha! the English blood! the laugh, the song, and the riotous jest of those who had My muhme's word-when did her word fall to the ground?" nothing to do but to enjoy themselves. Among the last The recollection of the fatal prophecy confirmed the was Harry Wakefield, who, amidst a grinning group of deadly intention which instantly sprang up in his mind. smock-frocks, hobnailed shoes, and jolly English phy"Ha! Morrison cannot be many miles behind; and if siognomies, was trolling forth the old ditty, it were an hundred, what then?"

66

"What though my name be Roger,
Who drives the plough and cart-"

when he was interrupted by a well-known voice, saying in
"What is the matter ?-what is it ?" the guests de-
a high and stern voice, marked by the sharp Highland
accent, Harry Waakfelt-if you be a man, stand up!"
handed of each other.

"It is only a d-d Scotsman," said Fleecebumkin, who was by this time very drunk," whom Harry Wakefield helped to his broth to-day, who is now come to have his cauld kail hett again."

46

Harry Waakfelt," repeated the same ominous sum

His impetuous spirit had now a fixed purpose and motive of action, and he turned the light foot of his country ring, a ring!" was now shouted, until the dark towards the wilds, through which he knew, by Mr. Ireby's and the hams that hung on them, trembled again, report, that Morrison was advancing. His mind was. The treasured very platters on the bink clattered against each wholly engrossed by the sense of injury-injury sustained Well done, Harry."-" Give it him home, from a friend; and by the desire of vengeance on one whom Take care of him now-he sees his own he now accounted his most bitter enemy. ideas of self-importance and self-opinion-of ideal birth and Such were the exclamations; while the Highlander, quality, had become more precious to him, (like the hoard ing from the ground, all his coldness and caution lost to the miser,) because he could only enjoy them in secret. tic rage, sprung at his antagonist with the fury, the But that hoard was pillaged, the idols which he had seand the vindictive purpose of an incensed tiger-cretly worshipped had been desecrated and profaned. In-mons, "stand up, if you be a man!" But when could rage'encounter science and temper? snited, abused, and beaten, he was no longer worthy, in his Oig again went down in the unequal contest; and, own opinion, of the name he bore, or the lineage which he De blow was necessarily a severe one, he lay motionless belonged to nothing was left to him-nothing but rethe floor of the kitchen. The landlady ran to offer venge; and as the reflection added a galling spur to every e aid, but Mr. Fleecebumpkin would not permit her step, he determined it should be as sudden as and signal the offence. Pproach. Let him alone!" he said, "he will come to within He has not got and come up to the scratch again. his broth yet." He has got all I mean to give him, though," said his gonist, whose heart began to relent towards his old ciate; and I would rather by half give the rest to Oself, Mr. Fleecebumpkin; for you pretend to know a or two; and Robin had not art enough even to peel

66

When Robin Oig left the door of the alehouse, seven or
eight Ehglish miles at least lay betwixt Morrison and him.
The advance of the former was slow, limited by the sluggish
pace of his cattle; the last left behind him stubble-field
and hedge-row, crag and dark heath, all glittering with
And now the distant lowing of
frost-rhime in the broad November moonlight, at the rate
of six miles an hour.
Morrison's cattle is heard; and now they are seen creeping

There is something in the tone of deep and concentrated passion which attracts attention and imposes awe, even by the very sound. The guests shrunk back on every side, lution.. and gazed at the Highlander, as he stood in the middle of them, his brows bent, and his features rigid with reso

"I will stand up with all my heart, Robin, my boy, but it shall be to shake hands with you, and drink down all unkindness. It is not the fault of your heart, man, that you don't know how to clench your hands."

By this time he stood opposite to his antagonist; his stern purpose, which gleamed wild, dark, and vindictive open and unsuspecting look strangely contrasted with the in the eyes of the Highlander..

"Tis not thy fault, man, that, not having the luck to be an Englishman, thou canst not fight, more than a school-girl." "I can fight," answered Robin Oig sternly, but calm ly," and you shall know it. You, Harry Waakfelt, showed me to-day how the Saxon churls fight-I show you now how the Highland Dunniewassal fights."

He seconded the word with the action, and plunged the dagger, which he suddenly displayed, into the broad breast of the English yeoman, with such fatal certainty and force, that the hilt made a hollow sound against the breast-bone, and the double-edged point split the very heart of his victim. Harry Wakefield fell, and expired with a single groan. His assassin next seized the bailiff by the collar, and offered the bloody poniard to his throat, whilst dread and surprise rendered the man incapable of defence.

"It were very just to lay you beside him," he said, "but the blood of a base pick-thank shall never mix on my father's dirk with that of a brave man.' As he spoke, he cast the man from him with so much force that he fell on the floor, while Robin, with his other hand, threw the fatal weapon into the blazing turf fire. "There," he said, "take me who likes and let fire cleanse blood if it can."

The pause of astonishment still continuing, Robin Oig asked for a peace officer, and a constable having stepped out, he surrendered himself to his custody.

"A bloody night's work you have made of it," said the constable."

"Your own fault," said the Highlander, "had you kept his hands off me twa hours since, he would have been now as well and merry as he was twa minutes since."

"It must be sorely answered," said the peace-officer. "Never you mind that death pays all debts; it will pay that too."

now our still more melancholy duty to apply its salutary, I beg to add, that I should have thought this milder sp
though severe enactments, to a case of a very singular cies of charge was demanded in the case supposed, ro
character, in which the crime (for a crime it is, and a withstanding the statute of James I. cap. 8, which take
deep one) arose less out of the malevolence of the the case of slaughter by stabbing with a short weapo
heart, than the error of the understanding-less from even without malice prepense, out of the benet of
any idea of committing wrong, than from an unhappily clergy. For this statute of stabbing, as it is termed,
perverted notion of that which is right. Here we have arose out of a temporary cause; and as the real
two men, highly esteemed, it has been stated, in their is the same, whether the slaughter be committed by
rank of life, and attached, it seems, to each other as dagger, or by sword or pistol, the benignity of t
friends, one of whose lives has been already sacrificed modern law places them all on the same, or nearly th
to a punctilio, and the other is about to prove the ven- same footing.
geance of the offended laws; and yet both may claim
our commiseration at least, as men acting in ignorance
of each other's national prejudices, and unhappily mis-
guided rather than voluntarily erring from the path of
right conduct.

"But, gentlemen of the jury, the pinch of the ca lies in the interval of two hours interposed betwist the reception of the injury and the fatal retaliation. In the heat of affray and chaude melee, law, compassionating the infirmities of humanity, makes allowance for th In the original cause of the misunderstanding, we passions which rule such a stormy moment-for th must in justice give the right to the prisoner at the bar. sense of present pain, for the apprehension of further He had acquired possession of the inclosure, which was injury, for the difficulty of ascertaining with dee the object of competition, by a legal contract with the racy the precise degree of violence which is necessary proprietor, Mr. Ireby; and yet, when accosted with to protect the person of the individual, without any reproaches undeserved in themselves, and galling doubt-ing or injuring the assailant more than is abo less to a temper at least sufficiently susceptible of pas- necessary. But the time necessary to walk twelve sion, he offered notwithstanding to yield up half his miles, however speedily performed, was an interv acquisition, for the sake of peace and good neighbour- sufficient for the prisoner to have recollected himself, hood, and his amicable proposal was rejected with and the violence with which he carried his purpose it scorn. Then follows the scene at Mr. Heskett the pub-effect, with so many circumstances of deliberate deter lican's, and you will observe how the stranger was mination, could neither be induced by the passion treated by the deceased, and I am sorry to observe, anger, nor that of fear. It was the purpose and the by those around, who seem to have urged him in a of predetermined revenge, for which law neither manner which was aggravating in the highest degree. will, nor ought to have sympathy or allowance. While he asked for peace and for composition, and "It is true, we may repeat to ourselves, in sle offered submission to a magistrate, or to a mutual ar- tion of this poor man's unhappy action, that his biter, the prisoner was insulted by a whole company, is a very peculiar one. The country which be inhaaa who seem on this occasion to have forgotten the national was, in the days of many now alive, inaccessible to maxim of fair play;' and while attempting to escape laws, not only of England, which have not even jo The horror of the bystanders began now to give way to from the place in peace, he was intercepted, struck penetrated thither, but to those to which our neighb indignation; and the sight of a favourite companion mur- down, and beaten to the effusion of his blood. of Scotland are subjected, and which must be supp dered in the midst of them, the provocation being, in their "Gentlemen of the Jury, it was with some impa- to be, and no doubt actually are, founded upon the pe opinion, so utterly inadequate to the excess of vengeance, tience that I heard my Learned Brother, who opened the ral principles of justice and equity, which per might have induced them to kill the perpetrator of the case for the Crown, give an unfavourable turn to the every civilized country. Amongst their mountain deed even upon the very spot. The constable, however, prisoner's conduct on this occasion. He said the pri- among the North American Indians, the various te did his duty on this occasien, and with the assistance of soner was afraid to encounter his antagonist in fair were wont to make war upon each other, so that t some of the more reasonable persons present, procured fight, or to submit to the laws of the ring; and that man was obliged to go armed for his own protection horses to guard the prisoner to Carlisle, to abide his doom therefore, like a cowardly Italian, he had recourse to and for the offence of his neighbour. These fr at the next assizes. While the escort was preparing, the his fatal stiletto, to murder the man whom he dared the ideas which they entertained of their o desc prisoner neither expressed the least interest, nor attempted not meet in manly encounter. I observed the prisoner and of their own consequence, regarded themselves the slightest reply. Only, before he was carried from the shrink from this part of the accusation with the abhor- so many cavaliers or men-at-arms, rather than the fatal apartment, he desired to look at the dead body, rence natural to a brave man ; and as I would wish to peasantry of a peaceful country. Those laws of t which, raised from the floor, had been deposited upon the make my words impressive, when I point his real ring, as my brother terms them, were unknown to the large table, (at the head of which Harry Wakefield had crime, I must secure his opinion of my impartiality, race of warlike mountaineers; that decision of queries presided but a few minutes before, full of life, vigour, and by rebutting every thing that seems to me a false accu- by no other weapons than those which nature has animation,) until the surgeons should examine the mortal sation. There can be no doubt that the prisoner is a every man, must to them have seemed as vulgar and wound. The face of the corpse was decently covered man of resolution-too much resolution-I wish to preposterous as to the Noblesse of France. Revere with a napkin. To the surprise and horror of the by-Heaven that he had less, or rather that he had had a the other hand, must have been as familiar to standers, which displayed itself in a general Ah! drawn better education to regulate it! habits of society as to those of the Cherokees or through clenched teeth and half-shut lips, Robin Oig "Gentlemen, as to the laws my brother talks of, they hawks. It is, indeed, as described by Bacon, at removed the cloth, and gazed with a mournful but may be known in the Bull-ring, or the Bear-garden, kind of wild untutored justice; for the fear of steady eye on the lifeless visage, which had been so lately or the Cock-pit, but they are not known here. Or, if ation must withhold the hands of the oppressor animated, that the smile of good-humoured confidence they should be so far admitted as furnishing a species there is no regular law to check daring violence. in his own strength, of conciliation at once, and contempt of proof, that no malice was intended in this sort of though all this may be granted, and though we towards his enemy, still curled his lip. While those pre-combat, from which fatal accidents do sometimes arise, allow that, such having been the case of the High sent expected that the wound, which had so lately flooded it can only be so admitted when both parties are in pari in the days of the prisoner's fathers, many of the the apartment with gore, would send forth fresh streams casu, equally acquainted with, and equally willing to nions and sentiments must still continue to in at the touch of the homicide, Robin Oig replaced the co-refer themselves to, that species of arbitrement. But the present generation, it cannot, and ought ne vering, with the brief exclamation" He was a pretty will it be contended that a man of superior rank and in this most painful case, to alter the administr education is to be subjected, or is obliged to subject the law, either in your hands, gentlemen of the My story is nearly ended. The unfortunate High- himself, to this coarse and brutal strife, perhaps in op- or in mine. The first object of civilization is to lander stood his trial at Carlisle. I was myself present, position to a younger, stronger, or more skilful oppo- the general protection of the law, cqually administ and as a young Scottish lawyer, or barrister at least, nent? Certainly even the pugilistic code, if founded in the room of that wild justice, which every and reputed a man of some quality, the politeness of upon the fair play of Merry Old England, as my bro- and carved for himself, according to the length of the Sheriff of Cumberland offered me a place on the ther alleges it to be, can contain nothing so preposter-sword and the strength of his arm. The law bench. The facts of the case were proved in the manner jous. And, gentlemen of the jury, if the laws would the subjects, with a voice only inferior to that of I have related them; and whatever might be at first the support an English gentleman, wearing, we will sup- Deity, Vengeance is mine. The instant that prejudice of the audience against a crime so un-English pose, his sword, in defending himself by force against is time for passion to cool, and reason to interpost, as that of assassination from revenge, yet when the a violent personal aggression of the nature offered to injured party must become aware, that the law rooted national prejudices of the prisoner had been ex- this prisoner, they will not less protect a foreigner and the exclusive cognizance of the right and wrong be plained, which made him consider himself as stained a stranger, involved in the same unpleasing circum- the parties, and opposes her inviolable buckler to re with indefible dishonour, when subjected to personal stances. If, therefore, gentlemen of the jury, when attempt of the private party to right himself. I repe vistence; when his previous patience, moderation, and thus pressed by a vis major, the object of obloquy to a that this unhappy man ought personally to be the co endurance, were considered, the generosity of the whole company, and of direct violence from one at rather of our pity than of our abhorrence, for be failed English audience was inclined to regard his crime as least, and as he might reasonably apprehend, from his ignorance, and from mistaken notions of hop the wayward aberration of a false idea of honour rather more, the panel had produced the weapon which his But his crime is not the less that of murder, gentleme than es flowing from a heart naturally savage, or per-countrymen, as we are informed, generally carry about and, in your high and important office, it is your verted by habitual vice. I shall never forget the charge their persons, and the same unhappy circumstance had so to find. Englishmen have their angry passiona of the venerable Judge to the jury, although not at that ensued which you have heard detailed in evidence, I well as Scots; and should this man's action remen time liable to be much affected either by that which was could not in my conscience have asked from you a punished, you may unsheath, under various read th eloquent or pathetic. verdict of murder. The prisoner's personal defence a thousand daggers betwixt the Land's-end and t "We have had," he said, "in the previous part of might indeed, even in that case, have gone more or less Orkneys." duty, alluding to some trials,) Moderamen inculpatæ tutelæ,

man I"

crimes which inter disgust and abhorrence, while they spyond the boundary of the Mothe punishment incurred

a

The venerable Judge thus ended what, to judge by hi

call down the well-merited vengeance of the law. It is would have been that of manslaughter, not of murder. eyes, was really a painful task. The jury, according to

DIALOGUE BETWEEN ECHO AND A GLUTTON.

The following lines, written in the year 1609, are said to have induced Butler to pursue the same idea in his

bis instructions, brought in a verdict of Guilty; and |
Robin Oig M'Combich, alias M'Gregor, was sentenced
to death, and left for execution, which took place ac-
ordingly. He met his fate with great firmness, and
ckowledged the justice of his sentence. But he Hudibras."
epelled, indignantly, the observations of those who
accused him of attacking an unarmed man. "I give a
life for the life I took," he said, "and what can I do
more?" Vol. i. p. 293–351.

Miscellanits.

IMPUTED PLAGIARISMS OF BURNS.

The following coincidence between Burns, one of his ngs, and a passage in Wycherley's Plain Dealer, is pointed t in the notes to the new edition of Dodsley's old plays. be words of Burns are-

"The rank is but the guinea stamp, The man's the gowd for a' that."

ad Wycherley thus gives the same thought: "I weigh e man, not his title: 'tis not the King's stamp can make e metal better or heavier. Your Lord is a leaden shilag, which you bend every way, and debases the stamp bears." Another remarkable coincidence, almost Mounting to identity, between the same Scotch poet and much older dramatist than Wycherley, has been deted by the same authority. The following lines by arns are known to every person in the three kingdoms:

"Her 'prentice han' she try'd on man, And then she made the lasses, O."

DIALOGUE.

Glutton. My belly I do deify.
Echo.-Fie!

Glut.-Who curbs his appetite's a fool.
Echo.-Ah, fool!

Glut.-I do not like this abstinence.
Echo. Hence!

Glut. My joy's a feast, my wish is wine.
Echo.-Swine!

Glut. We epicures are happy truly.
Echo-You lie!

Glut.-May I not, Echo, eat my fill?
Echo.-Ill.

Glut.-Will it hurt me if I eat too much?
Echo.-Much.

Glut.-Thou mock'st me, Nymph, I'll not believe it.
Echo.-Believe it.

Glut.-Do'st thou condemn, then, what I do?
Echo.-I do.

Glut.-Is it that which brings infirmities?
Echo. It is.

Glut.-Then, sweetest temperance, I'll love thee.
Echo.-I love thee.

Glut.-If all be true which thou do'st tell,
To gluttony I bid farewell.
Echo.-Farewell!

Adam was de fus man,

Sumbo's Sermon.-(From the New York Statesman.) Cupid's Whirligig, a comedy printed in 1607, and -"Strate is de rode an narrer is de paff which leadeff to itten, perhaps, before the death of Elizabeth, is the sub-glory."- "Brederen Blevers!-You semble dis nite to quent passage: " Man was made when Nature was but har de word, and have it splaned and monstrated to you; 1 apprentice, but woman when she was a skilful mistress yes, an I ten for splain it clear as de light ob de libin her art." We call the above examples coincidences, day, and I tell you how it cum. You sec, my frens, t plagiarisms, for, in all human probability, Burns, ten he composed the lines quoted, had never seen the ain Dealer or Cupid's Whirligig-London papers. Some literary busybody has pointed out the preceding ncidences, as evidence of the plagiarism of Burns; do we mean to deny that there is a very close affinity he passages, both in thought and expression. It ought, vever, to be borne in mind, that the passages in the sumed prototype are in prose, and the imitation, if it such, in verse. The muse of Burns, it may be truly id,

Ebe was de todder;
Cane was a wicked man,
Kase he kill de brodder.

Adam and Ebe were bote brack men, and so was Cane
and Abel. Now I spose it seem to strike you a under-
standin how de fus white man cum. Wy,
Den you see, when Cane kill he brodder, de Massa cum,
let you no.
an he say, Cane, whar you a brodder Abel? Cane say,
I don't no, Massa.'-He cum gin an say, Cane, whar
you a brodder Abel? Cane say, I don't no, Massa.
But the nigger noe'd all de time. Massa now git mad,
cum gin, peak mity sharp dis time.Cane, whar your
brodder Abel, you nigger? Cane now git friten, and he
turn wite; and dis is de way de fus wite man cum pon dis
arth! and if it had not been for dat dare nigger, Cane,
we'd neba been troubled with dese sassy wites upon de
face ob dis circumlar globe. Now sing the forty-lebenth
hymn, ticular metre."

A NEW PROFESSION.

We happen to be íntimately acquainted with a certain youth who possesses great natural talents, improved by an excellent classical education, but who has never yet decided upon settling to any trade or profession. His father is in the habit of asking him this very natural question:"Well, Sam, what are you going to be?"-a question with which our young friend is not a little discomposed, as he has hitherto been

"Every thing by fits, but nothing long;
But in the space of one revolving moon
Is fiddler, statesman, and buffoon."

A few evenings since, as he was going to bed, his father
repeated the eternal question,-"Well, Sam, what are
going to be?"-" Going to be, father ?" he replied,
yawning, " why, I am going to bee-bo!"-Edits. Kal.

THE AMERICAN COLONY IN AFRICA.

We extract the following from the National Intelligencer:

Office of the Colonization Society, Washington, Sept. 1, 1827. The despatches received at this office from Mr. Ashnum, the colonial agent at Liberia, exhibit a most flattering account of the rapid progress of the colony. All the colonists were, soon after their arrival, slightly affected by the climate; but the change they underwent seems to have been less a disease, than a salutary effort of nature to accommodate them to the new influences of a tropical clime. The mnost protracted case of illness did not last longer than three days, and one-third of them were not confined at all. The factory at Young Sesters, and the establishment at St. John's, are represented as prosperous, and the prejudices and hostility of the native princes as fast subsiding. An agent has likewise been introduced at Little Bassa, 15 miles to the N. W of St. John's.

Mr. Ashnum urges the importance of inviting charitable institutions to lend their aid to this object, and adds, "I think it nearly capable of demonstration, that the African tribes may be civilized without expulsion from their chosen settlements and villages, and without that fearful diminution which has, from causes which do not exist here, as in regard to the Indians of America, accompanied the march of civilization in that hemisphere."

upon the Lancasterian system; and they are described as The schools of the colony have all been re-organized in a most flourishing condition.

serves," About the first of October, it may be reasonably In reference to future emigrations, the colonial agent obexpected that the whole number of people now on expense will be off our hands and the Receptacle, at present occupied by them, will be vacant as early as the first of December, by their removal into their own houses. The Receptacle will hold 150 persons, and additional accommodations may be easily procured for 50 more."

from a very respectable gentleman in Maryland, inquiring The Intelligencer states, that a letter had been received whether all bis servants, thirty in number, could have a passage to the colony during the present season.

Lord Byron-During his residence in the Franciscan vet at Athens, he had ingratiated himself with a nk called Father Bernard. When Grecian liberty, reing to his magnanimous appeal, called on him to de- General Picton, like Otway's Pierre, was a "bold Latin and Labour.-The following anecdote was related himself from the enjoyments of Italy, he said to his rough soldier," who stopped at nothing; he was a man by the late John Adams, even to the last days of his life, end, after determining to depart, "It is nevertheless whose decisions were as immutable, as his conceptions were with all that good humour which was so characteristic of strange, Father Bernard, in giving me the crucifix quick and effective, in all things relative to the command him, and it is presumed has not yet passed away from the ich he carried about with him, told me with a prophetic which he held. While in the Peninsula, an Assistant minds of many who have heard it from his own lips; a You will become the defender of the Christians; Commissary (commonly called Assistant Commissary.cw only of his strong expressions are remembered :will return to Greece for the sake of the faithful; but General, the rank of which appointment is equal to a all not see you again; I am fearful you will not come Captain's) through very culpable carelessness, once failed ara Athens. After this relation his Lordship fell in supplying with rations the third division, under Genea deep reverie, which no one dared to disturb, since ral Picton's command, and on being remonstrated with around him were accustomed to see him abstract by one of the principal officers of the division, on account masin this manner, when any serious or melancholy of the deficiency, declared, with an affected consequence ought surprised him in the midst of a conversation. After unbecoming the subject, that he should not be able to few moments he added these remarkable words:"It supply the necessary demand for some days. This was Il be hardly believed that I never would part with this reported to the General, who instantly sent for the Com, under any circumstances; it is, however, the fact.missary, and laconically accosted him with- Do you lever would give it to my mother, nor my sister, who see that tree, Sir ?" Yes, General, I do."-" Well, qussed it of me on my return to England. It is a re- if my division be not provided with rations to-morrow by embrance of the Franciscan Friar, who lives in the twelve o'clock, I'll hang you on that very tree."-The werf Diogenes, in Athens. The good Monk was very confounded Commissary muttered, and retired. The artial to me: and when he heard that I was about to de- threat was alarming; so he lost not a moment in proceed. art, he was niuch grieved. Your Lordship,' he said, ing at a full gallop to head-quarters, where he presented But not forget me. Select any thing you please from himself to the Duke of Wellington, complaining most hat I possess, that you may have a remembrance of Fa emphatically of the threat which General Picton had held er Bernard. I laid my hand on the crucifix which he out to him." "Did the General say he would hang you, rried about him, and asked if he would give me that. Sir ?" demanded his Grace. "Yes, my Lord, he did," The good Father was so delighted with my choice, that answered the Commissary. Well, Sir," returned the ars came to his eyes. I have never since parted with the Duke, "if he said so, believe me he means to do it, and recife. I will even vow, that once I was extremely un- you have no remedy but to provide the rations." The esy under the impression that I had lost it; I was pre- spur of necessity becomes a marvellous useful instrument sed with an idea of its value. But in fact behold in sharpening a man to activity; and the Commissary he prediction of Father Bernard about to be realized:- found it so; for the rations were all up, and ready for det depart straightway for Greece !"-Fife Herald. livery, by twelve o'clock next day.

86

When I was a boy I had to study the Latin grammar, but it was dull, and I hated it. My father was anxious to send me to college, and therefore I studied the grammar till I could bear with it no longer; and, going to my fa ther, I told him I did not like study, and asked for some other employment. It was opposing his wishes, and he Latin grammar does not suit you, you may try ditching, was quick in his answer. Well, John,' said he, if perhaps that will; my meadow yonder needs a ditch, and you may put by Latin and try that.' This seemed a delightful change, and to the meadow I went. But I seon found ditching harder than Latin, and the first forenoon was the longest I ever experienced. That day I ate the bread of labour, and glad was I when night came on. That night I made some comparison between Latin grammar and ditching, but said not a word about it. I dug the next forenoon, and wanted to return to Latin at dinner, but it was humiliating, and I could not do it. At night toil conquered pride, and I told my father (one of the severest trials of my life) that, if he chose, I would go back to Latin grammar. He was glad of it; and if I have since gained any distinction, it has been owing to the two days

labour in that abominable ditch."-Salem Gazette.

During the public lecture in Oxford, one of the young students exclaimed to another, who had left the door open, “Claudé ostium. The tutor replied, " Claude os tuum."