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“ My dear father,” said Rosalia, “ I would that I It was one of those evenings never to be forcould reason on this subject, but-indeed I cannot.” gotten by a painter—but one too which must come

Strange! You hint not even an objection, upon him in misery as a gorgeous mockery. The and yet, Do you think I overrate him ?" sun was yet up, and resting on the highest peak

“No; he deserves all you say of him; but yet"— of a ridge of mountain-shaped clouds, that seemed “ You would still reject him ?"

to make a part of the distance; suddenly he disRosalia was silent.

appeared, and the landscape was overspread with “ If you esteem, you may certainly love; nay, a cold, lurid hue; then, as if molten in a furnace, it will follow of course.”

the fictitious mountains began to glow; in a mo« Did you always think so, sir ?"

ment more they tumbled asunder; in another he Perhaps not. When I was young, I was no was seen again, piercing their fragments, and dartdoubt fanciful, like others."

ing his shafts to the remotest east, till, reaching “ And yet you did not marry till past thirty." the horizon, he appeared to recall them, and with « Well, child ?"

a parting flash to wrap the whole heavens in flame. « My mother died when I was too young to know her; but I have heard her character so often from yourself and others, that I have it now as THOUGHTS FROM HIS STUDIO. fresh before me as if she had never been taken from us. Was she not mild and gentle ?"

(MRS. JAMESON, author of the Characteristics of Women, “ As the dew of heaven."

etc., when in this country in 1838, visited the painung

room of Allston at Cambridgeport, and found written on “ And her mind ?"

the walls many sentences, which, he said, were to serve “ The seat of every grace and virtue.”

as “texts for reflection before he began his day's work." “ And her person too was beautiful ?"

A mutual friend was permitted to copy them, and since “ Except yourself, I have never seen a creature

his death she has published the following in her Me. so lovely."

moirs and Essays Illustrative of Art, Literature, and “ And did she make you a good wife ?"

Social Morals.] Landi turned pale. « Rosalia—my child—why

The painter who is content with the praise of remind me, by these cruel questions, of a loss

the world in respect to what does not satisfy himwhich the whole world cannot repair ?"

self, is not an artist, but an artisan; for though “ She was then all you wished; and yet I have

his reward be only praise, his pay is that of a meheard that yours was a love match.

chanic for his time, and not for his art." “No more,” cried Landi, averting his face.

He that seeks popularity in art closes the door “ You have conquered.”

on his own genius: as he must needs paint for other minds, and not for his own.

Reputation is but a synonym of popularity : deA SUMMER NOON IN ROME. pendent on suffrage, to be increased or diminished

at the will of the voters. It is the creature, so to

speak, of its particular age, or rather of a particuThe air was hot and close, and there was a thin lar state of society ; consequently, dying with that yellow haze over the distance like that which pre which sustained it. Hence we can scarcely go cedes the scirocco, but the nearer objects were clear over a page of history, that we do not, as in a and distinct, and so bright that the eye could churchyard, tread upon some buried reputation. hardly rest on them without quivering, especially But fame cannot be voted down, having its immeon the modern buildings, with their huge sweep diate foundation in the essential. It is the eternal of whited walls, and their red tiled roofs, that lay shadow of excellence, from which it can never be burning in the sun, with the sharp, black sha- separated, nor is it ever made visible but in the dows, which here and there seemed to indent the light of an intellect kindred with that of its audazzling masses, might almost have been fancied thor. It is that light by which the shadow is prothe cinder-tracks of his fire. The streets of Rome, jected, that is seen of the multitude, to be wonat no time very noisy, are for nothing more re dered at and reverenced, even while so little commarkable than, during the summer months, for prehended as to be often confounded with the subtheir noontide stillness, the meridian heat being stance—the substance being admitted from the shafrequently so intense as to stop all business, driv dow, as a matter of faith. It is the economy of ing every thing within doors with the proverbial Providence to provide such lights: like rising and exception of dogs and strangers. But even these setting stars, they follow each other through sucmight scarcely have withstood the present scorching cessive ages: and thus the monumental form of atmosphere. It was now high noon, and the few Genius stands for ever relieved against its own straggling vine-dressers that were wont to stir in this imperishable glory. secluded quarter had already been driven under shel All excellence of every kind is but variety of ter; not a vestige of life was to be seen, not a bird truth. If we wish, then, for something beyond on the wing, and so deep was the stillness that a the true, we wish for that which is false. Acsolitary footfall might have filled the whole air. cording to this test how little truth is there in art!


Little indeed! but how much is that little to him The phrenologists are right in putting the organ who feels it !

of self-love in the back part of the head. It beFame does not depend on the will of any man, ing there that a vain man carries his light; the but reputation may be given or taken away : for consequence is that every object he approaches Fame is the sympathy of kindred intellects, and becomes obscure by his own shadow. sympathy is not a subject of willing : while Re- witch's skiff cannot more easily sail in the putation, having its source in the popular voice, is teeth of the wind, than the human eye can lie a sentence which may either be uttered or sup- against fact: but the truth will often quiver through pressed at pleasure. Reputation being essentially lips with a lie upon them. contemporaneous, is always at the mercy of the It is a hard matter for a man to lie all over, NaEnvious and the Ignorant. But Fame, whose very ture having provided king's evidence in almost birth is posthumous, and which is only known to every member. The hand will sometimes act as a erist by the echo of its footsteps through congenial vane, to show which way the wind blows, when minds, can neither be increased nor diminished by every feature is set the other way: the knees any degree of wilfulness.

smite together and sound the alarm of fear under What light is in the natural world, such is fame a fierce countenance : the legs shake with anger, in the intellectual : both requiring an atmosphere in when all above is calm. order to become perceptible. Hence the fame of Make no man your idol! For the best man Michael Angelo is, to some minds, a nonentity; even must have faults, and his faults will usually beas the sun itself would be invisible in vacuo. come yours, in addition to your own. This is as

Fame has no necessary conjunction with praise : true in art, as in morals. it may exist without the breath of a word: it is The Devil's heartiest laugh, is at a detracting a recognition of excellence, which must be felt, but witticism. Hence the phrase, “ devilish good,” has need not be spoken. Even the envious must feel sometimes a literal meaning. it: feel it, and hate it in silence.

There is one thing which no man, however I cannot believe, that any man who deserved generously disposed, can give, but which every fame, ever laboured for it: that is, directly. For one, however poor, is bound to pay. This is as fame is but the contingent of excellence, it Praise. He cannot give it, because it is not his would be like an attempt to project a shadow, be- own; since what is dependent for its very existfore its substance was obtained. Many, however, ence on something in another, can never become have so fancied: “I write and paint for famc,” has to him a possession; nor can he justly withhold it, often been repeated: it should have been, “ I write, I when the presence of merit claims it as a consepaint for reputation.” All anxiety, therefore, about

quenre. As praise, then, cannot be made a gift, fame, should be placed to the account of reputation. so, neither, when not his due, can any man re

A man may be pretty sure that he has not at- ceive it; he may think he does, but he receives tained excellence, when it is not all in all to him. only words ; for desert being the essential condiNay, I may add, that if he looks beyond it, he has tion of praise, there can be no reality in the one not reached it. This is not the less true for being without the other. This is no fanciful statement: good Irish.

for though praise may be withheld by the ignorant An original mind is rarely understood until it or envious, it cannot be but that, in the course of has been reflected from some half-dozen congenial time, an existing merit will on some one produce with it: so averse are men to admitting the true its effects; inasmuch as the existence of any cause in an unusual form: whilst any novelty, however without its effect is an impossibility. A fearful fantastic, however false, is greedily swallowed. truth lies at the bottom of this, an irreversible jusNor is this to be wondered at: for all truth de

tice for the weal or wo of him confirms or viomands a response, and few people care to think, lates it. yet they must have something to supply the place of thought. Every mind would appear original, if every man had the power of projecting his own

ON A PICTURE BY CARACCI. into the mind of others.

All effort at originality must end either in the quaint or the monstrous. For no man knows

The subject was the body of the virgin borne himself as an original: he can only believe it on

for interinent by four apostles. The figures are

colossal; the tone dark and of tremendous cothe report of others to whom he is made known, as

lour. It seemed, as I looked at it, as if the ground he is by the projecting power before spoken of. There is an essential meanness in the wish to

shook at their tread, and the air were darkened get the better of any one.

The only competition by their grief. worthy of a wise man, is with himself.

Reverence is an ennobling sentiment; it is felt SUNRISE AMONG THE ALPS. to be degrading only by the vulgar mind, which would escape the sense of its own littleness, by elevating itself into the antagonist to what is above it. Such a sunrise ! The giant Alps seemed lite

He that has no pleasure in looking up, is not rally to rise from their purple beds, and putting on fit to look down; of such minds are the manner. their crowns of gold, to send up hallelujahs alists in art; and in the world, the tyrants of all sorts. most audible!




(Born 1779. Died 1845.)

Joseph Story was a son of Elisha Story, / sipated by the displays of his extensive and a respectable physician, who had been a sur accurate professional learning, excellent judge geon in the revolutionary army. He was born ment, perfect candor, and decided business in Marblehead, Massachusetts, on the eigh- habits. He remained on the bench until the teenth of September, 1779, and at the age of close of his life, and held no other civil office, sixteen entered Harvard College, in the class except in 1820, when he sat with John with William Ellery Channing. Immedi- Adams, Josiah Quincy, Daniel Webster, and ately after graduating he commenced with other leading men of Massachusetts, in the Chief Justice Sewall, of his native town, the convention which revised the constitution of study of the law, which he afterward pursued that state. with Mr. Justice Putnam, of Salem, where His judgments in the supreme court of the he was admitted to the bar, and began the United States are contained in the Reports of practice of his profession, in 1801.

Cranch, Wheaton, Peters and Howard, of In early life he was a democrat, and of which they constitute much more than a just course, living in Essex county, in a minority ; proportion; and those which he delivered in but such was his reputation for ability and the courts of the first circuit, embracing the integrity, that in his twenty-fifth year he was states of Maine, New Hampshire, Massachuchosen a member of the state house of repre setts, and Rhode Island, fill two volumes of sentatives, to which he was several times re Reports by Gallison, five by Mason, three by elected, and in which he was twice made Sumner, and two by William Story. It is speaker. He became at once the acknow- generally admitted that these learned and elaledged leader of his party in the legislature, borate performances, on a vast variety of diffiwhere he used his power with great magna- cult and complicated questions, some of which nimity, on many occasions rising above parti were entirely new, are not inferior in comsan prejudice and dictation, and so serving prehensiveness, clearness and soundness, to the people as to win their nearly unanimous any in the English language. applause.

In 1829 Mr. Nathan Dane, one of the wis. In 1809 he was elected a member of Con

est and purest men who have lived in this gress, to fill a vacancy occasioned by the nation, founded a professorship of law in Hardeath of Mr. Crowninshield, but declined a vard College ; and by a condition of the enfurther service than for the remainder of the dowment Judge Story became the first occuterm, deeming the excitement of political life pant of the chair. He had already made incompatible with that devotion to his profes- acceptable presents to the profession in his sion which was necessary to the highest suc Selection of Pleadings, and in his editions

of Chitty on Bills of Exchange and PromisThe place made vacant on the bench of the sory Notes, and Lord Tenterden on the Law Supreme Court of the United States by the of Shipping, to both of which he added many death of Judge Cushing, in 1811, was ten valuable notes. The delivery of courses dered by President Madison to Mr. John of lectures, in Dane Hall, upon the law of Quincy Adams, at that time in Russia, and nature, the laws of nations, maritime and being declined by him was conferred upon commericial law, equity law, and the constiMr. Story, who was then but thirty-two years tutional law of the United States, led to the of age. So young a man had never before, in preparation of that series of great works upon England or America, been elevated to so high which his reputation chiefly rests, and which a judicial position, and much dissatisfaction have made his name familiar in all the high was occasioned by this appointment ; but parliaments, judicatures and universities of the every regret and apprehension was soon dis- | world. The first of these was Commentaries


on the Law of Bailments, which appeared in twice as great as when Marshall came to the 1832. This was followed in 1833 by Com- bench, we are struck with the amount of lamentaries on the Constitution of the United

bour necessary to form the most general acStates, prefaced by a constitutional history of quaintance with it. Add to this the number the colonies, and of the states under the con of his works, which are more voluminous* federation. This work, which is of great in than those of any other lawyer of great emiterest to the student in history as well as to nence, and we cannot understand how he had the lawyer, he subsequently abridged, that it any leisure for the pursuit of literature or the might be used as a class book in the schools. enjoyment of society. But he was a man of In 1834 appeared in three volumes his Com- taste, of warm affections, with a wide circle of mentaries on the Conflict of Laws, in which friends, and of a deep and abiding interest in the opposing laws of different nations are all the great movements of the people. treated with especial reference to marriages, During his student life, and soon after he divorces, wills, successions and judgments. entered upon the practice of the law in Salem, It is regarded as the most original and pro- | Mr. Story was an occasional writer of verses, found of his works, and was the first upon and in 1802 he published a didactic poem enthe subject in the English language. In 1836 titled The Power of Solitude, which was rewere published his Commentaries on Equity printed with several miscellaneous pieces in Jurisprudence, in two volumes, and in 1838 a duodecimo volume of two hundred and fifty his Commentaries on Equity Pleadings, two pages in 1804. They have very little merit, works which were equal to his reputation and of any kind, but their composition may have which were received by the profession with enabled him to acquire something of that counhesitating approval. He subsequently pub- piousness and harmony for which his prose lished Commentaries upon the Laws of Agen- diction is distinguished. cy, Partnership, Bills of Exchange, and Pro

His principal literary writings are contained missory Notes, but they were composed with in a collection of his discourses, reviews and less care, and though valuable, might have been miscellanies, published in 1835. In this vowritten quite as well by a much inferior man.

lume are twenty-nine papers, among which Although Judge Story must be regarded as

are sketches of Samuel Dexter, William Pinka lawyer of the first class, it cannot be said

ney, Thomas Addis Emmet, John Hooker that in this class he was preëminent. Mar- Ashmun, and Justices Marshall, Trimble, shall, Hamilton, Parsons, Kent and some

Washington, and Parker; addresses before others had in various respects merit of prece the Phi Beta Kappa Society of Harvard Coldence, though perhaps not one of these cele- lege, and the Essex Historical Society; his brated men could be justly compared with contributions to the North American Review; him for extent of acquisitions. Circum

and various juridical arguments, and political stances which will occur to the considerate

reports, memorials and speeches. lawyer gave him an extraordinary reputation

Judge Story's career was undoubtedly the abroad, and that enhanced the weight of his one in which he was fitted to shine most brightauthority at home, but it is highly probable ly. With vast learning, strong sense, reasoning that both Marshall and Kent, reasoning from

powers of a high order, and generally correct first principles, grounding their judgments taste, he would have been eminently respectaupon the nature of things, will have a more

ble in any field of intellectual exertion; but he solid and permanent renown.

had too little both of metaphysical power and Story was perhaps too sedulous a student of imagination to make a deep and lasting imthe tone and tendencies of the day, and his want

pression. of decidedness and precision often leaves it ex He died, after a short illness, at Cambridge, tremely doubtful what were his own opinions.

near Boston, on the tenth of September, 1845, His industry was very great. Doubtless having nearly completed the sixty-ninth year his memory was so retentive that a single and hasty reading was quite sufficient to make him familiar with almost any author. Yet

* His written judgmenis on his own circuit and his va

rious commentaries occupy twenty-seven volumes, and when we remember the extent of the litera

his judgments in the Supreme Court of the United States ture of his profession, which is probably form an important part of thirty-four volumes.

of his age.



INDIAN SUMMER IN NEW ENGLAND, far, the profession of Christianity, and wounds it in FROM CENTENNIAL DISCOURSE AT SALEM.

its vital virtues. The doctrine on which such at

tempts are founded, goes to the destruction of all It is now the early advance of autumn. What

free institutions of government. There is not a can be more beautiful or more attractive than this

truth to be gathered from history, more certain, season in New England ? The sultry heat of

or more momentous, than this, that civil liberty summer has passed away ; and a delicious cool

cannot long be separated from religious liberty ness at evening succeeds the genial warmth of the

without danger, and ultimately without destrucday. The labours of the husbandman approach tion to both. Wherever religious liberty exists, it their natural termination: and he gladdens with

will, first or last, bring in and establish political the near prospect of his promised reward. The

liberty. Wherever it is suppressed, the Church earth swells with the increase of vegetation. The

establishment will, first or last, become the engine fields wave with their yellow and luxuriant har

of despotism; and overthrow, unless it be itself The trees put forth the darkest foliage, overthrown, every vestige of political right. How half shading and half revealing their ripened fruits, it is possible to imagine, that a religion breathing to tempt the appetite of man, and proclaim the

the spirit of mercy and benevolence, teaching the goodness of his Creator. Even in scenes of an

forgivness of injuries, the exercise of charity, and other sort, where nature reigns alone in her own

the return of good for evil; how it is possible, I majesty, there is much to awaken religious enthu

say, for such a religion to be so perverted as to siasm. As yet, the forests stand clothed in their

breathe the spirit of slaughter and persecution, of dress of undecayed magnificence. The winds, discord and vengeance, for differences of opinion, is that rustle through their tops, scarcely disturb the a most unaccountable and extraordinary moral phesilence of the shades below. The mountains and

Still more extraordinary, that it should the valleys glow in warm green, of lively russet. be the doctrine, not of base and wicked men mereThe rivulets Aow on with a noiseless current, re

ly, seeking to cover up their own misdeeds; but flecting back the images of many a glossy insect, that

of good men, seeking the way of salvation with dips his wings in their cooling waters. The morn

uprightness of heart and purpose. It affords a ings and evenings are still vocal with the notes of a

melancholy proof of the infirmity of human judg. thousand warblers, which plume their wings for a

ment; and teaches a lesson of humility, from later flight. Above all, the clear blue sky, the long

which spiritual pride may learn meekness, and and sunny calms, the scarcely whispering breezes, spiritual zeal a moderating wisdom. the brilliant sunsets, lit up with all the wondrous magnificence of light, and shade, and colour, and slowly settling down into a pure and transparent

THE INDIANS. twilight. These, these are days and scenes, which even the cold cannot behold without emotion; but on which the meditative and pious gaze with pro THERE is, in the fate of these unfortunate befound admiration; for they breathe of holier and ings, much to awaken our sympathy, and much happier regions beyond the grave.

to disturb the sobriety of our judgment; much which may be urged to excuse their own atroci

ties; much in their characters, which betrays us PERSECUTION.

into an involuntary admiration. What can be more melancholy than their history? By a law

of their nature, they seem destined to a slow, but I stand not up here the apologist for persecu sure extinction. Everywhere, at the approach of tion, whether it be by Catholic or Protestant, by the white man, they fade away. We hear the rustPuritan or Prelate, by Congregationalist or Cove-ling of their footsteps, like that of the withered nanter, by Church or State, the monarch or the leaves of autumn, and they are gone forever. They people. Wherever, and by whomsoever, it is pro pass mournfully by us, and they return no more. mulgated or supported, under whatever disguises, Two centuries ago, the smoke of their wigwams for whatever purposes, at all times, and under all and the fires of their councils rose in every valcircumstances, it is a gross violation of the rights ley, from Hudson's Bay to the farthest Florida, of conscience, and utterly inconsistent with the from the ocean to the Mississippi and the lakes. spirit of Christianity. I care not, whether it goes The shouts of victory and the war-dance rang to life, or property, or office, or reputation, or mere through the mountains and the glades. The private comfort, it is equally an outrage upon reli thick arrows and the deadly tomahawk whistled gion and the inalienable rights of man. If there through the forests; and the hunter's trace and is any right, sacred beyond all others, because it dark encampment startled the wild beasts in their imports everlasting consequences, it is the right to lairs. The warriors stood forth in their glory. worship God according to the dictates of our own The young listened to the songs of other days. consciences. Whoever attempts to narrow it down The mothers played with their infants, and gazed in any degree, to limit it by the creed of any sect, on the scene with warın hopes of the future. The to bound the exercises of private judgment, or free aged sat down; but they wept not. They should inquiry, by the standard of his own faith, be he soon be at rest in fairer regions, where the Great priest or layman, ruler or subject, dishonours, so Spirit dwelt, in a home prepared for the brave, be



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