them of the Hand which has brought them back to | That seemeth with soft links to draw, and softer spells to Other nations have

the home of their ancestors.

bind

find?

strings,

also sprung into being. Civilization and Chris- My heart, whose inmost thoughts in thee, a general echo
tianity have stretched out their arms over land and While every warbling air that sweeps across thy tuneful
sea. The sceptres of Superstition have crumbled
like ashes. The idolater has thrown away his
gods, and the savage has come running from his
native woods to welcome the triumphant progress
of human redemption.

To me a different, yet sweeter, and tenderer cadence brings.
Methinks it is because thy Lyre by nature tuned, and taught,
Is simple as the wild-bird's note, yet rich with gushing
thought:

Blade, blossom, leaf, and bud, and flower, hill, valley, wood,

and stream,

The long-expected day—the day to which there is no morrow-has at length come. There are unnatural sights in the sky. Old men leaning on their staves, wipe their dim eyes and wonder. The bee, the bird, the butterfly, the lamb, the fawn at play— Strange shapes flit from cloud to cloud, and sepul- The mother, and her fair young child, all sanctify thy lay. chral voices whisper along the hills. Frightened Yes, thou art Nature's Poetess! 'tis there the secret lies, birds sweep through the air; and animals regard-The world out in the open air, is loveliest in thine eyes— less of their food, stand amazed, and look up. The All fairy things that in it dwell, are fairer made by thee. blue heavens wither-the sun grows pale-the moon disappears-the stars fall from their towers like drunken men. The long week-the last daythe last hour is ended: the last sand has dropped, and ushered in the SATURDAY NIGHT OF TIME. Clinton, N. Y., May, 1841.

The sky, the clouds, the whispering breeze, have wak'd thy musing dream.

LINES,

A. D. G.

TO AMELIA; OF LOUISVILLE, KENTUCKY.

BY MRS. ELIZABETH J. EAMES.

"I would give the world to melt one heart, As thou hast melted mine."

I know thee not, mine eye hath ne'er beheld thy form, or face,

"Tis only through thy Lyre's endeavor, that I thine image

trace;

Methinks thine own "Melodia," in truth should sit for thee,
Or thy "Fair Friend of Seventeen," might well a likeness
be.

I know not-yet to me thou art, (altho' a thing of air)
All that is purely beautiful, and gloriously fair.

Often, and blandly o'er me steals the witchery of thy lay;
Strange might hath its soft music, to bear my thoughts away
Far to my native hills, and streams; to the lovely green-
wood glade;

To all the sunny nooks, and haunts, where in my childhood
played:

All pleasant, and all happy things; each pure joy-fount of

And while I read I feel that truth, blends with pure poesy.—
For the Beauty born of thy musings, thou hast learnt on
Glowing, yet natural, it lends, to our daily paths a grace;

nature's face.

Meanwhile, I owe thee much, and could the stranger-min

strel, move

Some angel-face, amid the skies, her gratefulness to prove—
Sure thou should'st read thereon of gifts henceforward

given to thee,

Forever flinging o'er thy dreams, sunlight, and melody.
And for thy Fame, could but my note, ever win aught from
thine,

Time would not throw my verse away, nor soon his charge
resign.

Eames's Place, June 1841.

MR. JEFFERSON:

HIS INTERPRETATION OF THE CONSTITUTION.

A writer in the last April number of the Messenger, under the signature of "A Native of Virginia," cites two passages from Tucker's Life of Jefferson, respecting that statesman's construction of the Federal Constitution as plainly contradictory, and one of which he considers to be grossly unjust to Mr. Jefferson.

As the biographer's attention has been repeatedly called to these passages, both publicly and privately, he feels himself constrained no longer to withhold the explanation sought, and to state in more precise language, his understanding of this important part of Mr. Jefferson's constitutional doctrines.

That the two passages, according to their obvious import, are repugnant and irreconcilable, the biographer readily admits. When they were first brought to his notice, near four years ago, by a gentleman from North-Carolina, he said then what he now repeats, that, after having pronounced Mr. Jefferson's construction of the Constitution to be "strict or liberal according as he conceived the national good would be best promoted by it," he could not consistently say, that "Mr. Jefferson always

favored a strict construction," without limiting the from being incompatible, as some seem to suppose, terms to some particular parts of that instrument. that, in many cases, the existence of the one neHe cannot therefore, in fairness, avail himself of cessarily implies the existence of the other. Thus, the ingenious attempt of the Editor of the Mes-where the powers of the General Government and senger to reconcile the two passages, by laying a of the State Governments discharge the same stress on the word "favored;" but must frankly ad- functions, and consequently, are more or less in mit this to be one of those cases of inadvertence, conflict, those whose political principles incline which it is not easy to avoid in a work of great length. Happy would he be, if he could believe this were the only instance.

them to construe the powers of the Federal Government with strictness will, on that very account, construe the powers of the State Governments with In extenuation of his fault, the biographer must liberality. We see, for instance, that many of the add that the limitation which he failed to express, professed advocates for strict construction, who he distinctly had in his mind. He was speaking deny to the General Government the power to esof a question of power between the Federal Gov-tablish a National Bank, under a liberal construeernment and the State Governments-that of con- tion of the power to coin money and determine the structing roads-and it was in reference to this value thereof, or that of regulating commerce, feel class of questions, that he meant his remark to ap- no scruple in allowing the States to establish State ply. Believing as Mr. Jefferson did, that the Banks, and thus by these institutions indirectly grant of power to the General Government was as emit bills of credit, which they are forbidden by liberal as was consistent with civil liberty and pub- the Constitution to do directly. Nor have we seen lic safety, and that its tendency was to enlarge its many examples of a more liberal construction than own powers, he, in all questions between the rights has been given to the clause, which prohibits States and powers of the General and State Governments, from passing laws that impair the obligation of inclined to a strict construction of the former. contracts, by men calling themselves strict construcWith this qualification of the last passage, it is tionists. These terms, therefore, which are so of not inconsistent with the first; and it remains to be ten used in an absolute sense, are altogether relaseen whether that first passage, which says he was tive; and it will generally be found that he who, in occasionally liberal, as well as strict, in construing relation to the power distributed between these two the Constitution, does him injustice. On this ques- parts of our divided sovereignty, estimates the portion, without referring to Mr. Jefferson's official tion granted to one part with strictness, is sure to esacts to discover his rule of interpretation, we for-timate the part granted to the other, with liberality. tunately have the direct evidence of his own ex- But some who regard strictness of construction press declaration. In his letter to Mr. Sparks of as an end-as something good in itself, and not as Feb. 4, 1824, (Jeff. Correspondence, vol. iv. page a means of good-not able to reconcile some of 391,) and which is quoted in the Biography, as the Mr. Jefferson's official acts, such as his ratification foundation for the obnoxious remark; he says, in of the Louisiana purchase, with such strictness of speaking of colonizing people of color, an object construction, endeavor to defend his political paalways near his heart, "I am aware that this sub-rity, according to their own arbitrary standard, by ject involves some constitutional scruples. But a the plea of necessity. They urge that while he liberal construction, justified by the object, may go far, and an amendment of the Constitution, the whole length necessary." This passage is conclusive to show that he thought we were justified in giving a more or less liberal construction of the Constitution, according to the utility of the object; for he thought, no doubt, that the same consideration of the national good which sanctioned a strict construction in one class of questions, equally sanctioned a liberal construction in another.

would not allow himself, in any case, to give a free exposition of the Constitution, he might, in cases of extreme urgency, disregard it altogether. To this it may be answered, that the question of striet or liberal construction is of little moment, if the Constitution may be violated on the ground of moral necessity; of which the agent is to be the judge : that one of the main advantages of a written Constitution and of the oaths to support it, is, to exclude this, the tyrant's plea; that the alleged neIn this course Mr. Jefferson was not singular. cessity of the Louisiana purchase amounted only He acted in conformity with the common sense of to strong inducements, about which the minds of mankind, which in the interpretation of every law men were then much divided; and that what Mr. and rule of actions, is obliged, from the imperfec- Wilson Nicholas and others confessedly did withtion of language and the impossibility of foreseeing out purposely violating their oaths, Mr. Jefferson every case that may arise under the law, sometimes might be supposed to have done, without violating to narrow, and sometimes enlarge the meaning of its his: And lastly, that if the necessity had been of words, so as best to fulfil the purposes of its framers. such a palpable and resistless character as to exIn the use of these terms, strictness," and cuse the overleaping all Constitutional restraints in "liberality" of construction, there seems to be that case, the same plea could not be urged in desome confusion of thought. The two are so far fence of several other acts and opinions of Mr.

66

Jefferson. It could not defend him for assenting to the repeal of the Judiciary Law, enacted in the last moments of his predecessor's term, by which Congress, which was prohibited by the Constitution from lessening the salaries of the judges, lest it should impair their independence, was allowed to take them away altogether. No such necessity could be alleged in favor of the Cumberland Road, by which, a power otherwise unconstitutional, he thought might be lawfully exerted by Congress, with the assent of three States. Nor would the plea avail to justify his plan suggested to Mr. Eppes of allowing the General Government to carry on the banking business in each State, whenever it could obtain the assent of such State, separately and individually.

When round the heart love's tendrils close entwine,
The plighted faith just sealed at Hymen's shrine,
And bliss seems nigh-

When all around is gaiety and ease,
And pleasure's self seems all intent to please-
Or when Ambition bids us look on high,
To Fame's proud Temple tow'ring to the sky-
When worldly glory fills the aspiring soul,
A tyrant stern, whose sway defies control-
"Tis Death to die.

But when bright hope has set in black despair,
And stripp'd of comfort, gnawed by galling care,
We heave the sigh-

When the true friend of ail on earth most dear,
The friend in joy or grief, in gloom or cheer-
Resigns his breath, and leaves us but to mourn
The sacred tie of friendship, rudely torn-
When stern reality bursts on the sight,
Shows the vain world, to ignorance so bright,
A rayless gloom, the grave of every joy,
The home of phantoms busy to annoy-
Who would not die?

GEO: W. TURNER,

CORPORAL PUNISHMENT:

These and other instances of liberal construction, as well as the acquisition of Louisiana, were justified by Mr. Jefferson on precisely the same ground as he justified other cases of strict construction, giving to the Constitution that interpretation which, in his eyes, would best promote the public good, and fulfil the purposes of that instrument. He knew that both strictness and liberality of construction were equally deviations from the obvious and ordinary acceptations of language, and ITS USE IN THE Discipline of chILDREN. that the same considerations which authorized one, Law, I take it, is essential to the welfare,-nay, equally authorized the other. This rule of inter- even to the existence of society. Law, Blackstone pretation conforms to the common sense and com- defines "a rule of action prescribed by the Sumon practice of all mankind, except technical law-preme Power in the State, commanding what is yers; and any other rule, from the impossibility of right and prohibiting what is wrong.' And he foreseeing, in the infinite combinations of human | adds, that to law-there must be a penalty or sancconcerns, every case that may arise, and the impos- tion annexed. Without this it is a mere caput sibility of providing for them in language that all mortuum, brutum fulmen ;—for, it is vain to commen would understand alike, even if they were mand or prohibit, unless you have in your hands foreseen, must sometimes convert the wisest con- the means of enforcing your authority. stitutional provisions into absurdities, and what were meant as wholesome restraints into fetters that sooner or later would be too galling to be borne. In conclusion, the biographer returns his thanks for the very kind and courteous remarks with which these strictures were qualified, and which were not the less felt because they were not sooner acknowledged.

July, 10, 1841.

THOUGHTS OF DEATH.

T.

Corporal punishment acts chiefly on the body. Now children as they are less capable than adults of being governed by reason, must be the more governed by bodily punishment. When the child becomes a youth, perhaps confinement and reproof will answer, and when the youth comes to manhood you may rely on argument alone.

It is objected, that whipping is degrading. But great men, heroes, conquerors and philosophers have been whipped. It is an ancient and approved practice. Milton, one of the proudest spirits that ever lived, was whipped at school. The mother

On hearing a young lady observe: "The thoughts of Death of Bonaparte, when asked if she ever found it

has always terrors for me."

In youth's bright hour, when the pure soul is warm,
And every object wears a borrowed charm

Unto the eye,—

When not one hope has ever yet deceived,
And all its promises are still believed;
The guileless heart from all suspicion free,
That what is fair, could ever faithless be;
Rests all secure where'er it sees a smile,
And deems it treason e'en to think there's guile,-
So bright those hours, so free from every care,
Tho' innocence like this hath nought to fear,-
We dread to die.

necessary to whip the young Napoleon, replied, "yes, I often switched him soundly." Lord Byron was subject to the like discipline both at home and at school.

As the mind is superior to the body, so the punishment of mind is more degrading, than the punishment of the body.

Besides, flagellation is compendious and economical of time. It is refreshing-composes the wandering thoughts, brightens the wits, quickens the animal spirits and braces the nerves. It is a sort

pursue the olden, less pleasing, but safe track.

How beautiful the discipline of a well-regulated school! "a little moral empire!" as it has been called,—an intellectual Orrery. But deprive discip line of punishment, and it will fall to decay,

Should it be the destiny of this Republic, like others that have preceded it, to suffer a downfall, the future traveller, when he shall wander solitary and pensive amid the prostrate marbles of the capi

of Animal Magnetism, a galvanic battery,—a thun- of virtue, indeed a person of exquisite feelings, derstorm to purify the moral atmosphere. Medi- but deficient in plain common sense, and incapable cinally it acts as stimulant, sudorific, tonic and of a practical view of things as they are in this flogistic. world; and carried away by a romantic idea, ful! The spectacle of flagellation is imposing; it of hope and promise, but destined to perpetual operates in terrorem,--from the first outbreak of disappointments. We may regret that these deterror through the whole series of lamentations, lightful Utopian theories cannot be realized; but until it dies away in the faint sob, the fitful, stoc- when we leave the beaten road of experience, for cato suspiration. Nor, after all, is it so bad. It the flowery paths of experiment, we are soon comwas painful, it is true; but it is soon over. Per-pelled to retrace our devious steps, and are fain to haps the culprit is now conscious that it was deserved. At any rate, it is now over; the balance is struck and settled. His feelings are elastic; the affair soon blows over-and "sweet is pleasure after pain, and it may be he will now find some sugar in the cane. His tears are dried up; and his face emerges cool and serene, like the blue sky after a storm, bright wreathed in smiles; it is not so bad;— boys have been whipped before and girls too;-" fortes, fuere ante Agamemnona ;"-there is nothing tol, may have to attribute the desolation of this new under the sun. And others will be whipped hereafter; the affair will soon blow over and be forgotten; a raree show will come to town; a house will be burnt down, there will be a mob or a murder, or something or other to divert attention. Time revolves; soon the whippee too perhaps will be a parent, and will find it necessary to employ punishment in the discipline of his children, and turn whipper. So it is all fair and equal in the long run. Punishment is necessary; and it is quite impossible to punish, without hurting. A quaker once was stopped by a highwayman, who clapped a pistol to his head and demanded his money. The quaker drew out his purse from his pocket and tossed it into a creek running hard by. The robber not being able to find it, the quaker dismounted to show him where it lay. The quaker pointed to a place where the water looked pretty deep; the robber stooped to pick it up; the quaker thereupon seized him by the nape of the neck, and thrusting his head under water, said, "Friend, I will neither kill thee nor hurt thee, but I'll hold thee very uneasy till thee departs this life."

When I hear one arguing with uncommon ability against corporal punishment, I cannot help suspecting, that for much of his eloquence, logic and ingenuity, he may be indebted to the very discipline he now denounces.

Order is Heaven's first law;-it regulates the hierarchies of angels; it is exhibited in the varied works of nature; it sustains the planets in their harmonious orbits. But there can be no order without law, and no law without punishment, and no punishment without pain.

We cannot however but respect the tender sensibilities and the spirit of universal benevolence, of those who oppose the use of corporal punishment. They are sensitive plants, that shrink from the infliction of pain. Such philanthropy, however, is like that of Don Quixotte, a perfect pattern'

great fabric of human liberty, to the decay of
discipline and the fetal spirit of anarchy and
insubordination.
C. C.
Petersburg, Va.

ODE TO THE ALPS.

1.

Ye Alps! whose hoary summits rise,
Crowned with eternal snow;
That catch the tints of morning skies,

Or with the gleam of evening glow!
Yet not thus always, clear and high,

Ye mountains! tower ye so serene;
Not when the storm is clustering nigh,
And thunder-masses round thee lie,

And blackness shrouds the scene!
Then wake thy echoes in each lonely glen-

Wild is the revelry! and, tempest-driven,
The clouds are swept, o'er cliff, and crag, and moss-
grown den,

And pinnacles by lightning riven!
[that spread
Loud is the revelry! the roar of waters and of winds
Ruin, with a ruthless tread,
O'er the steep, and mid the crash
Of fragments-as they wildly dash
Through darkness-or the flash
Whose lurid ray

Lights up each lonely mountain-way!

II.

Nor yet the elements alone

Have o'er thee felt the conflict ride.
But war has breathed its fiercest tone,
And swept thee, with its crimson tide.
What time when he that led Numidia's host,
Before him tower'd thy rocks in vain!
He came from Afric's burning coast,

The victor of Saguntum's plain.
High he soared, that heart of steel!

And as they scaled each snowy height,
He bade his swarthy warriors feel
The charm that glory can reveal-

And dare each danger with delight!
Up! he bade them still aspire,