defame and slander the plaintiff. It was upon this amended complaint and the original answer denying the charge that the case was tried. If plaintiff was dissatisfied with the ruling, he should have excepted and appealed. Gattis v. Kilgo,N. CS. E Or, better still, for an expeditious hearing, he could have asked the court to divide the actions, and tryFor other cases see same topic and section NUMBER In Dec. & Am. Digs.to date, & Reporter Indexesthem separately. Street v. Tuck,N. C Instead of doing either, the plaintiff acquiesced In the ruling of the court, and nmended the complaint to accord with his honor’s views. We take the law to be that where after judgment upon demurrer, as in this case, the plaintiff does not except, but amends his complaint, so as to meet the views of the court, he acquiesces In the judgment upon the demurrer, and will not be permitted to assign It for error upon appeal.Cyc. p and cases cited There are no exceptions to evidence, and the assignments of error relate to a part of the charge of his honor as follows: “This is an action for slander, charging the defendants combined and conspired to slander the plaintiff; that the plaintiff contends that the defendants combined and conspired to utter the words set out In the complaint and to do him an injury; that the defendants contended that there was no conspiracy, no combination, no malice, no understanding to utter the words complained of; that the burden was on the plaintiff to show a conspiracy; that malice would be presumed from the use of the words set out In the complaint, and the burden of justifying the charges or showing that they were true would be upon the defendants; that, unless the jury was satisfied by the greater weight of the evidence of a conspiracy or combination formed and entered into by the defendants to speak the words set out in the complaint and to charge the plaintiff with larceny of wheat, then the jury will answer the first three issues ‘No,’ and need not consider the fourth issue as this would be the end of the case.” We find no error in this Instruction. It is true the Issues were not framed upon the theory of a conspiracy, but the case was tried upon that theory, and no other, and properly so In deference to the previous ruling of Judge Council. It became the duty of Judge Webb to try the case upon the amended pleadings, as he did do, and to instruct the jury, as he did, so they would not be misled by the form in which the Issues were drawn.Upon a review of the entire record, we find no error.McCLINTOCK v. LIFE INS. CO. OF VIRGINIA.Supreme Court of North Carolina. Nov . JusticesOfThePeaceI Apctai/DismissalFailureToProsecute.A motion to docket and dismiss an appeal has the same effect as ft motion to docket and affirm under Revisal ,. permitting appellee if appellant fails to docket his appeal from a justice, as required by law, to have it docketed, and the judgment shall be affirmed on motion.TEd Note.For other cases, see Justices of the Peace, Cent. Dig.; Dec. Dig. JusticesOfThePeace AppealPboceedingbFobTransferDocketing.Under Revisal ,, providing that, when return is made on appeal from a justice, the clerk of the appellate court shall docket the case at the ensuing term, such appeal must be docketed at the ensuing term, if it is more thandays after judgment.[Ed. Note.-’-For other cases, see Justices of the Peace, Cent. Dig. i; Dec. Dig. AppealAndError DecisionsOfIntermediateCourtDiscretionAllowIngAppealToBeDocketed.Revisal ,, provides that, if appellant fails to have his appeal from a justice docketed as required by law, appellee may have the case docketed and, on motion, the judgment shall be affirmed, and section S requires the clerk of the appellate court to docket the case at the ensuing term. An appeal from a justice’s judgment was taken in September, , and a transcript sent to the clerk of the superior court, but, the appeal not having been docketed at the August term, , after five terms of the court had
opinion it is said: “The authorities are numerous to the effect that when statutes prohibit or command an act to be done without qualification, in such cases Ignorance or mistake of fact will not excuse their violation. This is peculiarly the case in regard to statutes respecting revenue and police matters, for the mere violation of which, irrespective of the motives or knowledge of the party, certain penalties are enacted; for the law in these cases seems to bind the party to know the facts and to obey the law at his peril. Many of the cases sustaining this view will be found annotated In a note to Farrell v. State, Ohio St. , Am. Rep. , and the result there deduced from the cases Is stated thus: ‘First When to an offense knowledge of certain facts Is essential, then Ignorance of these facts is a defense. Second. When a statute makes an act Indictable, Irrespective of guilty knowledge, then ignorance of fact is no defense.’I deem It unnecessary to express any opinion as to the weight of authority on this subject in other states, because I consider the law of the case at bar plain under our statutes and the former rulings of this court.” Further on the opinion, quoting from State v. Cain, W. Va. , says: “‘As to whether the seller Intended to violate the law or not at the time of selling to the minor Is, under the authorities cited, Immaterial, except in mitigation of the punishment’ ” And in reference to offenses of a different character and the decisions of other states this further quotation is made: “‘It is true that with us in felonies, and most cases of misdemeanor under the common law, intent Is regarded as being one of the chief elements necessary to constitute the crime or offense, but under this statute the commission of the act prohibited constitutes the offense. This is manifest, I think, from the legislation to which I have referred. I am aware that the highest courts of several of the states have differed In the construction of similar legislation. Some of them have taken the view I have presented, and others a different view. But I apprehend, if the courts of the states adopting a different view from that I have taken had considered their legislation such as required them to construe the legislation as remedial and not penal, they .would have arrived at the same conclusion I have felt myself bound to adopt in this case.’”In the case from which we have just made quotations, as in the case at bar, It was not questioned that the liquor sold was the property of the defendant, that the clerk who sold It was the agent of the defendant, and as such authorized to sell the liquor according to law; nor is it pretended that the defendant did not get the money paid for the liquor. It is true that the statute under consideration in State v. Denoon, supra, contained the language “by one person for another,” but nevertheless the opinion says that “by the positive command of the statute both the clerk and the defendant are guilty of the offense, and they may be Indicted and punished either jointly or separately. It is wholly immaterial, under the positive prohibition and policy of the statute, what the instructions were from the defendant to his clerk, or that the sale was in violation of his instructions. Neither the motives nor the Intent of the defendant, nor his purpose to obey the law, can relieve him, when it is shown that a sale in violation of the statute was actually and purposely made either by himself or by another for him. The clerk knew he was selling the liquor, and the proof shows that he was selling It as the agent of and for the defendant. If the purpose had been to sell a wholly different thing from that which was In fact sold, an article the sale of which was not prohibited, then the motive and Intent might be material. ” A number of authorities are cited In that case for the view taken by the court, among which are Whart. Crim. Law, § ; Commonwealth v. Kelly, Mass. , N. E. ; Dudley v. Sautblne, Iowa. , Am. Rep. G; People v. Blake, Mich. G, N. W. .
government of this Commonwealth, during the late war, it was intended faithfully to execute the duties enjoined by the Constitution, and to be governed by its principles, according to a sound construction thereof. The course adopted has been attended by the most favourable results ; and by the saving of great and useless expenses to the nation. It has also received the decided approbation of the people, as expressed in their elections : and we may cheerfully leave to the more impartial judgment of future times to decide, whether the exposition of the principles of the Constitution, given by your Excellency and sanctioned by the other departments of this government, is not the most consistent with the purposes of that instrument, as well as the most favourable to civil liberty. If the necessities produced by a state of war seem at any time to urge a departure from fixed principles, a degree of firmness and independence, which shall be unmovedby the suggestions of fear, must be opposed at the threshold, by those whose duty it beAnswer of the Senate to the Governor’s Speech, June,.” The termination of the late unhappy contest, between the government of the United States and Great Britain, affords to the Senate of this Commonwealth the most unfeigned joy, and demands the most sincere and hearty thanks of the people to the Almighty Disposer of events, by whose providence an end has been put to the miseries of war. And we congratulate your Excellency upon the present auspicious circumstances of our country, which are adapted to lighten the cares of government, and to give additional value to the recent pledge of confidence in your Excellency, .which has been renewed by the people of this Commonwealth.” It would be a most pleasing and consoling prospect, if the state of the nations of Europe authorized the expectation, that this quarter of the globe was now destined permanently to reap the fruits of peace, from which she has been so long estranged; and to repair the desolation of war, by an amicable competitionwith each other and with ourcountry, in the pursuits of probity, industry and economy. But whatever may be the issue of the astonishing events, which agitate the old world, and confound human foresight, we unite with your Excellency, in the sincere and anxious hope, that the future prosperity of the people of these States may not be interrupted by a needlessinterference in the disputes and conflicts of other nations.” We should have derived great satisfaction from perceiving, in the late treaty of peace, express stipulations, relative to the avowed objects of the war, which might have been calculated forever to put at rest the controversies which led to that calamity. But we complain not of the national administration, for the omission of such stipulations. We presume they were unattainable; and we readily express our conviction, that, in acceding to the terms of the treaty, government consulted the best interests of the nation. We ardently hope, that the good fortune,which has enabled them to extricate the country and themselves from distress and embarrassment, will be accompanied by a sincere desire of a firm and protracted peace, and not by unfounded pretensions, which, by entangling our nation in the broils of foreign powers, may expose its vital interests to needless danger.” We agree with your Excellency in the sentiment, that it is a matter of indifference to the great body of the people, by whom the government is administered, if the conduct of the administration is calculated to promote justice and public tranquillity: And if the policy of our present rulers shall be adapted to retrieve the national prosperity, to establish public credit, to provide for the common defence, and prolong the blessings of peace, it will be the duty of every citizen, discarding all local and personal partialities, to co-operate, each in his own sphere, in efforts for the attainment of these important objects. ” The universal joy, which the return of peace has infused into the public mind,
whenever in the opinion of the chief engineer the contract had been completely performed, he should make and return a final estimate of the work done by contractors, and certify it in writing that the procuring of such certificate and final estimate should constitute a condition precedent to any right of action by contractors against the company. Held,that a contractor had no right, in the absence of any unnecessary or unreasonable delay by the engineer in making estimates, or of any mistake or fraud on his part, without the consent of the other party to the contract, to employ an engineer who was a stranger to the contract to make a final estimate of the work, and then bring an action on the contract based upon the stranger’s estimate.Appeal from Circuit Court, Wise County.BUI by Bonn &Montelro against Johnston & Grommett Bros, to enforce a mechanic’s lien. Decree for complainants and defendants appeal. Reversed and remanded.Flannlgan & Burnett and Irvine &Morrison, for appellants. W. S. Mathews, for appellees.HARRISON, J. The bill in this case was filed by the appellees to enforce payment of a mechanic’s lien, alleged to be due them as subcontractors for work done in constructing a section of the Black Mountain Railroad.It appears that the Keokee Coal & Coke Company, as general contractors, entered into a contract with the Black Mountain Railroad Company to build for the latter a railroad, several miles in length, between Iinboden, In Wise county, and Keokee, in Lee county. The Keokee Coal & Coke Company sublet its entire undertaking, by contract in writing, to the firm of Johnston & Grommett Bros., the appellants, who, in turn, by parol contract, sublet a part of the work to the appellees, Bnnn & Montelro. The evidence shows that under this parol contract the appellees were to be governed by the written contract which had been entered Into by the appellants with the Keokee Coal & Coke Company.The Black Mountain Railroad Company, the Keokee Coal & Coke Company, and Johnston & Grommett Bros, were made parties defendant to the bill, which alleged that complainants had completed their contract andtaken out a mechanic’s lien for the balance due them on that portion of the roadbed which they had constructed, and prayed that the Black Mountain Railroad Company and the Keokee Coal & Coke Company be required to answer as to the amount they were due, or would become due, to Johnston & Grommett Bros., by reason of the latter’s completion of their contract for the construction of the railroad mentioned. The prayer, further, is that complainants, who are the appellees here, be decreed a lien on that part of the Black Mountain roadbed which was constructed by them between stations 834 and 850, described In their mechanic’s lien, which was made a part of the bill, and that they be decreed a sale of the same for the payment of their debt, and be given a personal Judgment against the Black Mountain Railroad Company and the Keokee Coal & Coke Company for such sunis as they may appear to have owed Johnston & Grommett Bros, on the date they, respectively, received notice of the complainants’ mechanic’s lien, and for general relief.Upon the bill, the answers, which deny its allegations, and the evidence In the cause, the decree appealed from was rendered, giving a personal Judgment for $2,203.21, subject to a credit of $522.15 and costs of suit, against the appellants, Johnston & Grommett Bros., with the right to issue execution thereon. The decree then refers the cause to a commissioner to ascertain whether the Black Mountain Railroad Company and the Keokee Coal & Coke Company are liable to the complainants by reason of the filing of their mechanic’s lien, and, If so, In what amountWe are of opinion that the position taken by appellants, that the court was without Jurisdiction to enter the judgment complained of, is not tenable. The appellants contend that the only ground for equitable jurisdiction In this case Is that
circumstances have never appeared so alarming. The war is certainly not popular; or, perhaps, I should be more accurate in saying, that there is no confidence in the abilities of the present Administration to conduct it with success.I am one of those who entertain this opinion, which I may affirm is general. There is no opposition in the House of Commons, it is true; but I do not attribute this unanimity to confidence in the present Ministers, but to the hope that animates those who are not in place, of being invited to join them: this they could not do with decency, if they had opposed them. They speak of a change of Administration; and as soon as all the vacant places are filled, expeft to see an end to this apparent harmony in the House of Commons.No. LXIII.M. C toM. H , Esq. at Madras.London, d. August,.I Thinkthat, at this jundure, we shall send no more ships to India: our whole coast is infested with privateers, and their depredations will half ruin the trade of India. I believe that our Ministers are the most egregious simpletons that the world ever produced; if their successors are equally so, our ruin will be complete. This country has never been in a state so seriously alarming : public ere* dit no longer exists; all confidence is lost ;—God only knows what will be the consequence of it. I think that a few weeks will decide it. Every thing that Ministers do in the House of Commons, seems to be a composition of folly and high-sounding words: their efforts seem only to aim at discovering the most effectual means of imposing upon us. I fear that our poor country has seen its best days: reflection makes a man ill who has its interest at heart.No. LXV.M.E. Dowdeswellto ColonelDowdeswell,atMadras.London, IStk August, .Somechanges, though of little consequence, are about to take place. Lord Pelham will be Chancellor of the Dutchy of Lancaster, a very lucrative place, instead of Lord Liverpool, who is on the eve of resigning; Mr. Yorke will be- Secretary of State; Bragge, Secretary of War.Of the number of bills which have lately passed, the most remarkable is that relative to , men. who are to compose the Army of Reserve. I fear very much this will fail in its effect, for individuals who are drawn are exempted from serving by paying jol.; in this district there has already been paid I. I leave you to judge of the success of this levy. It is a singular thing, that the price of substitutes inthis Army of Reserve, to serve only five years, is not less than from to guineas. If men and courage were as plenty as money () the service would be secure.No. LXV.Airs.AcroraPetrieto her Husband Mr. WilliamPetrie,Counsellor, at Madras.Still,even, it is impossible to know who was the person destined for the Government of Madras in the month of October. One can only form conjectures on the subject. I asked M. Morland, the other day, if, in the month of November, when I had written to him to inform you by the first opportunity, he had any knowledge of it; the same question was asked last year of Mr. Johnson, who denied it to me; so that really I can say nothing, for I cannot penetrate into the secrets of the committee, nor oblige persons to tell me what they wish to keep secret. You blame me for not making myself acquainted with what passes at the India-house. How could I indeed learn this, when Mr. Johnson, the only person who could give me information,was ignorant on the subject? ,When you know that he is very warmly interested in your promotion, you will agree with me in think() Money is scarce for the necessities of Government—it is plenty for exemption from personal service! This reflection assists us in analyzing the true public spirit in England at this crisis.Nittg that I could ,not have applied to any other with more likelihood of success. He is a member of the Secret Committee, and without any breach of duty, could easily have spoke upon the subject six months afterwards. Are you aware,
acknowledge, in Quality of Grand Master, the Person whom the Pope shall think proper to fix upon, from amongst the Names contained in that List.His Majesty has no other End in View in this, than to fee the icth Article of the Treaty of Amiens duly fulfilled, and the Arrangement it contains executed with as little Difficulty as possible.ItIt is stipulated by the th Paragraph of the fame Article, that the Austrian, Russian, and Prussian Governments, (hall be solicited to accede to the said Arrangement.The British Government is of Opinion that it might be proper for that of France to fend without Delay Instructions to their Ministers at Vienna, Petersburgh, and Berlin, to make conjointly with His Britannic Majesty’s Ministers a Communication to those Powers in which they should be invited to accede to the Arrangement respecting Malta, by which the Independence of the Island, and the other Stipulations relative thereto, are placed under the Protection and Guarantee of those Powers conjointly with their Britannic and Catholic Majesties, and the French Republic.(Inclosure referred to in No. .)T E Soussigné Ministre des Relations Extérieures, a l’Honneur de transmettre à Monsieur Merry, Ministre Plenipotentiaire de Sa Majesté Britannique, sa Reponse à la Note Verbale, qu’il lui a adressée, le Prairial. Il ne doute pas que les Ministres de Sa Majesté ne voyent dans cette Réponse une Preuve nouvelle des Dispositions constantes du Premier Consul à s’accorder avec le Gouvernement Anglais, pour assurer et faciliter l’Execution des Clauses respectives du Traité qui a retabli la Paix entre les Deux Etats,LeLe Soussigné a l’Honneur de renouveller à Monsieur Merry l’Assurance de sa haute Consideration.(Signé) CHA. MAIL TALLEYRAND. Paris, le Prairial, An .[Le Ministre des Relations Extérieures de la République Fran?aise a re?u la Communication qui lui a été faite par le Ministre Plenipotentiaire de Sa Majesté Britannique, de la Liste des Candidats qui font portés par les Suffrages des divers Prieurés à la Grande Ma?trise de l’Ordre de Malthe, et il a soumis au Premier Consul la Proposition concertée entre les Prieurés de l’Ordre, et approuvée par Sa Majesté Britannique, de déférer (pro hac vice) à fa Sainteté, le Choix entre les Candidats désignés.Le Premier Consul n’a d’autre but dans tout ce qui est relatif à l’Ordre de Malthe, que de voir l’Article X. du Traité d’Amiens convenablement executé, et d’ecarter toutes les Difficultés qui pourroient rendre cette Exécution longue et difficile. Il a d’ailleurs à c?ur comme Sa Majesté Britannique, que la France et l’Angleterre agissent de concert, pour mieux assurer l’Independance et l’Organisation de l’Ordre de Malthe. Il consent donc à ce que le Choix de son Grand Ma?tre, sur les Candidats proposés par les Suffrages des Prieurés, soit pour cette Fois déféré à fa Sainteté.Quant au Paragraphe du même Article, relatif à ‘Accession des Puissances, le Premier Consul pense ainsi que Sa Majesté Britannique, que ces Puissances doivent être invitées à donner leur Aveuaux Arrangements convenus; et en consequence les Ministres Francais aupres des Cours d’Autriche, de Russie, et de Prusse, recevront l’Ordre de faire conjointement avec les Ministres de Sa Majeste Britannique, les Demarches necessaires pour obtenir l’Acceffion prevue par ‘Article X. du Traite d’Amiens. Paris, le Prairial, An .Translation.’T'HE Undersigned, Minister for Foreign Affairs, has the Honour to transmit to Mr. Merry, His Britannic Majesty’s Minister Plenipotentiary, his Answer to the Note Verbale which he addressed to him on the Eighth Prairial. He doubts not that His Majesty’s Ministers will fee in this Answer a new Proof of the constant Dispositions of the First Consul to come to an Agreement with the English Government, for the securing and facilitating the Execution of the respective Clauses of the Treaty which has re-established Peace between the Two States. The Undersigned has the Honour to renew to Mr. Merry the Assurance of bis high
to produce the said original books or writing, or answer such bill of discovery by the ordinary rules of proceeding in chancery ; and if a Plaintiff shall fail to comply with any such order to produce such books or writings, or answer such bill of discovery, it shall be lawful for the said courts, on motion, to give the like judgment for the Defendant as in cases of nonsuit ; and if a Defendant shall fail to comply with such order to produce books or writings, or to answer any bill for discover)- only, it shall be lawful for the said courts, on motion as aforesaid, to give judgment against him, her or them, by default; provided, that any Plaintiff or Defendant may, in compliance with any rule for producing extracts of such books or papers, bring into court the original books or papers.VII. AndBeItEnacted,That neither the chief justice of any district, or any of the associate justices, after their appointment and qualification, or any register of wills, shall act as an attorney or solicitor in any court of law or equity in this state during the time that they shall respectively act as such.VIII. AndBeItEnacted,That no action, to be commented in any county court appointed in virtue of this act, shall continue longer than the end of the first court after the imparlance court, unless by consent of parties, at the discretion of the court, or such cause as the law may allow for the continuance of suits beyond the time limited shall appear to the satisfaction of the court.IX. AndBeItEnacted,That in all cases where suits may hereafter be brought by any person or persons, non-residents of this state, or who may remove out of the state after the bringing of such suit or suits, the Defendant or Defendants against whom such suit may be commenced, or his, her or their attorney, may lay a rule, at or before the trial court, on suchVot.ni. eNovember, . CHAP. LXXV.Acknowl-edgmentsof deeds be-fore a chiefjustice or aaassociatejustice to begood.Courts to require copies of books, &c. containing evidence pertinent to tile issue.Justices net to act as attornies.How longactions shall continue.In certain cases defendants may lay a rule on plaintifis to give security for costaNovember ,Plaintiff or Plaintiffs, or hisJier, or their attorney, to give security .ior all costs and charges that the said Defendant or Defendants CHAP. may be put to in case such Plaintiff or Plaintiffs shall be nonLXX\. suited, or judgment be given against them, and in case of non^^”Y”"^’ compliance with such rule,judgment of nonsuit shall be entered ;provided nevertheless, that it any Defendant or Defendants shall lay a rule on any Plaintiff or Plaintiffs for security for costs at the trial court, that then and in such case the court granting said rule may, at the instance or motion of the Plaintiff or Plaintiffs, by his, her or their counsel, in their discretion, continue said cause until the next term. Parly, for X A>DBE IT ENATEP, That when any action shall be whose use brought, and it shall be entered upon the record that such suit is action is in- brought for the use of any other person or persons, and the Kabitffor’ Plaintiff or Plaintiffs in such action shall discontinue or strike costs. off his, her or their said action, or be nonsuit thereon, or iocase there hall be a judgment or verdict in favour of the Defendant or Defendants, the party or parties for whose use the action was instituted shall be answerable for die legal costs of suit, and may be proceeded against by attachment against \htperson or property of such party or parties for the recovery of the same, in the same manner as if he, she or they, had been entered by rule of court the security for such costs of suit. to’be ^ “^ND BE IT tNACTED? That it shall not be lawful forted out of any person whatsoever to cause any inhabitant of this state to the couniy, be arrested out of the countv where he or she doth reside, by until non ettvirtue of any capias ad respondendum,or capias ad satisfacienis re urnejum^ fQrany debt, damage or cost, until the sheriff or coroner of the county where such Defendant shall
inches, and from two to three feet in length. The whole gives a field of Indian corn a most luxuriant appearance.Several brief Narrations’—Occurrence relative to the Author’s Voyage Home, Src—Iron Works—Two German Families—Marble Quarry—A Farm—Emigrants —Taking leave of his Friends about Merion, intending for New.York—Occurrences on the Journey—Embarks for England—Cabin Company— Occurrences on the Voyage.rth Month, st and Id,, were mostly spent at B. J.’s pleasant residence on the Schuylkill Falls. Whilst here we visited the works of.a calico printer, who resides and carries on his business in the neighbourhood. We were informed that his principal business was printing India calicoes, which are brought in great quantities to Philadelphia, in American ships trading to the East Indies.th Month, th.In the course of this day, O. J. and his mother-in-law called upon us. This venerable female, who is now far advanced in years, has survived a numerous flock of lovely daughters, I think in number, who have, in succession, been taken away from the troubles of time, just as the affections of a mother would be likely to feel most keenly the privation.I had often remarked a settled grief upon her countenance, notwithstanding the affluence that was manifest in every thing around her; but hadmot heard the mournful story till I had it from her own mouth.th Month, th.I had received several kind invitations from both J. and C. S. to pay them a visit at their habitations, at Shoemakers Town, before I left this country. They are a family for whom I have entertained a great esteem, ever/ since I have known them; and the quarterly meeting at Abington falling at this time, I proposed embracing both objects; and, setting out after dinner, came to C. S.’s this evening. Here I was hospitably entertained, and had the agreeable company of several friends from Philadelphia and the’ neighbourhood.th Month, th.I accompanied this party of friends to Abington quarterly meeting, which was very large. The meeting-house is a regular, well-built, brick building, and capable of holding a great number of people. It is situated on a piece of’ ground containing several acres, and which is cohered with a great number of large forest trees.th Month, th.After breakfast we returned *o J. S.’s, where we spent an hour or two pleasantly, with a number of valuable friends resident in this quarter. The weather was very warm; but the house Was spacious, with wide passages zthrough it, and no want of windows; and they with the doors being thrown open, it gave a free and. lively circulation to the air, which is very reviving in thisclimate.After sitting a little time in the parlour,. a circumstance occurred which I think I shall not soon forget. We entered into general conversation, after which a silent pause ensned; and asl sat musing on.the prospect of my voyage home, with some little anxiety respecting the .perils of it, a friend of Philadelphia, who sometimes appears in the ministry, broke the silence that prevailed, by remarking that his mind had been occupied in the consideration of my voyage, and that for. my encouragement he might say, he had a belief that I should be favoured to arrive safe in my. native land, in two months from that time. No observation was now made on this intimation, but, on reaching my lodgings, I wrote to my wife informing her of the circumstance, and that I trusted the friend would prove a true prophet. My letter reached her hands two or three weeks previously to my landing.fAfter spending the morning as above related, most of us attended a public meeting at Germantown, about six or seven miles distant, and being requested by T. F. I accompanied him with several other friends to his country house, which hecalls Wakefield. There we dined in a room on a; level with the cellar, which’I found very pleasant, the weather being very warm, and the situation admitting plenty of light. A dining-room so situated, is a great privilege at this season
lightning, and torrents of rain, during the following night. Pomarrie, much to his credit, no sooner heard of their arrival, than he hastened to their assistance, lest the enemy should avail themselves of their weakness, and plunder them of the little which they had yet left. He got a hog and bread-fruit roasted, and spared nothing to alleviate their sufferings; sleeping in the house during the night to prevent thefts.Having left the factory under the charge of the missionaries, I had by this time joined my comrades. Pomarrie was chiefly alarmed, lest we should be attacked by the Attahourans, being in their immediate neighbourhood. Had this attempt been made, wearied and worn out as were the crew, it could not scarcely have failed of success. The tempestuous state of the weather was moreover peculiarly favourable for such an enterprise.Fortunately, however, the fears of the king and ourselves were altogether groundless. Had the crew been compelled to put in at any other island, I am persuaded they would have been plundered ; and that their distress would have produced no other effect, than that of animating their enemy to greater exertions, in proportion as the possible resistance could have been so feeble. There is little generosity to be expected in any intercourse with a savage enemy; they know and acknowledge nothing of what a civilized nation calls the point of honour. To be defenceless among them is to be but an easier prey; an enemy over whom a victory is certain, and the danger of the contest nothing. ‘ -.tPomarrie did not forget a few days afterwards to demand his presents. It was not so with the missionaries ; there was no selfishness here ; they were animated by no other impulse, but that of christian charity, which extends its arms to the miserable, and binds up the broken reedBeing too fatigued and worn out, the crew were unable to attend divine service in the chapel of the missionaries : Mr. Jefferson, therefore, with that anxious piety which distinguishes him, preached a thanksgiving sermon in the house. ‘CHAP. XXIV. f” .PARTICULARS OF THE SHIP DURING ITS ABSENCEILL CONDUCT OF THE SAILORS. , /Itmay be imagined that our first inquiries, after the sense of our loss had in some degree subsided, were directed to the circumstances of this misfortune. These circumstances, as reported to me by the Captain, were as follows :From contrary winds, and lee-currents, the ship had been a fortnight in getting to the windward, and it was only the day previous to the accident, that he had commenced trading with the natives. On the morrow, with the mutual satisfaction of both parties, the trade was to be renewed, but according to the old and often verified adage, man contrives, but God executes. The business of the captain, as he proposed to renew the trade on the succeeding morning, was to keep his station during the night; but whilst in the act of plying to windward for this purpose the ship was unfortunately lost on a low reef of rocks and sand-banks. Being almost on a level with the water’s edge, they had never before been discovered. The captain and the crew landed without much difficulty, and employed themselves in saving whatever stores were within their reach; but during die ensuing night the boat was stolen through the treachery of the Otahehan natives, nor were they ever afterwards enabled to recover her. Nor had these wretches been satisfied with this plunder; for, together with the boat, the muskets and ammunition, with which they had been provided to defend themselves against the attacks of the natives, had disappeared, and scarcely an hope of safety was left.It was necessary, in the first instance, to build another boat from some planks on board the vessel : this they commenced without loss of time, and had almost completed it, when the natives of the neighbouring islands began to collect in vast numbers, and annoy them exceedingly ; their situation was truly dismal.However, by force of unexampled exertion, and unremitting vigilance,
tenderness truly parental. He had another brother, the Rev. Henry Jenner, many years domestic chaplain to the Earl of Aylesbury, and vicar of Great Bedwin, Wilts; father of the Rev. George Jenner, and of Mr. Henry Jenner, surgeon, of Berkeley ; whose names so frequently appear in the history of Vaccine Inoculation.After receiving a classical education at Cirencester, and learning the rudiments of surgery and pharmacy from Mr. Ludlow of Sodbury, a man of high professional eminence, he was placed under the immediate tuition of the late Mr. John Hunter; with whom he lived two years as a house pupil. In liberal minds a congeniality of talent and purC suitssuits lays the foundation of sincere and lasting friendship. This observation is fully exemplified by that friendship which ever after subsisted between the celebrated preceptor and his pupil. A constant correspondence was kept up between them, which only ceased with the death of the former.As a proof in what estimation Mr. Hunter held the abilities of Dr. Jenncr, we may remark, that he offered him a partners-hip in his profession, which was extremely valuable. Mr. Hunter was desirous of giving lectures on natural history upon an extensive plan; and, justly appreciating the abilities of his pupil Jenner, and his ardour and perseverance in those enquiries, he well knew the ample support he should derive from the acquisition of his talents.After finishing his studies in London, Dr. Jenner settled at Berkeley. His attachment to this situation was so strong, that nothing seemed capable of seducing him from it; neither the offers of a connection with Mr. Hunter, nor the allurements of the eastern World, though held up to him in the most dazzling point cf view, could tempt him to desert it, for no mortal was ever more channcd with the place of his nativity than Dr. Jenner.He continued the practice of physic and surgery at Berkeley, with increasing success and reputation ; and, did the limits of our publication permit, we could enumerate many instances of his eminent skill and singular ingenuity in the healing art, during this period of his life.From the extent of bis practice, his professional t dutiesduties became extremely laborious ; and, as it continued to increase, he was under the necessity of relinquishing the most fatiguing parts of his business He therefore took out a diploma.In , Dr. Jenncr married Miss Catherine Kingscote, sister to Colonel Robert Kingscote, of Kingscote in Gloucestershire; a family of the higheft antiquity and respectability in the county, by whom he has three children, two sons and a daughter.Having disengaged himself from surgery, he had leisure for the pursuit of other studies more congenial to his mind ; physiology, and natural history. But, even previously to this event, notwithstanding the pressure of numerous avocations, he frequently found opportunities of indulging his favourite propensity. By the joint aid of actual observation, and apposite conjecture, he completely elucidated a very obscure and much disputed point in the natural history of the cuckoo. The originality of this disquisition excited much attention among naturalists. He was soon after elected a fellow of the Royal Society.Among other discoveries in the early part of his life, we may notice a mode of producing pure emetic tartar by a new and easy process, which was published in some of the medical journals of that day. We may also refer our readers to a late publication by the ingenious Dr. Parry, of Bath, wheroin it appears, that the discovery of the cause of that dreadful ma. lady, the anginy pectoris, originated with Dr. Jenner. Strong as was the attachment of Dr. Jenner to hisC native native valley, yet circumstances soon occurred, which rendered his presence in London absolutely necessary. We allude to his most happy discovery of Vaccine Inoculation ; to the history of which we now hasten, as the most important part of this narrative.For the discovery of the divine art of vaccination, we are indebted to a fortunate
