This change is equally necessary in all ranks and conditions of society. From the lady of fortune, who spends her time over the piano and the latest novel, to the humble seamstress, who devotes perhaps fourteen hours out of the twenty-four to her needle, all suffer from the want of active employment, and all need the cautionary advice of their medical friends. The wealthy indeed have much less excuse for their deficiency here than those in poorer circumstances. A great variety of modes of exercise, agreeable and convenient, are accessible by them, while the others are necessarily more restricted in their choice. Riding on horseback, in carriages, walking, swinging, battledore, &c. &c., are all good, and might all be usefully resorted to in their turn, and all these too, except the first, could readily be enjoyed by all.

The importance of this subject can hardly be overrated. Robust and vigorous health is necessary to the physical, intellectual and moral advancement of a nation, and every thing, therefore, which tends to its more rapid improvement and more extensive diffusion, should never be neglected by the patriot or the philanthropist.

The idea of bedecking churches and houses with green boughs was Druidical; and has been used in Britain, ever since the times of those ancient pagans. They covered their dwellings with ivy and holly boughs, to invite thereto the sylvan deities they worshipped, to protect them there, till the woods should again put on their foliage. This custom is continued, in this country, among the Catholic and Episcopal congregations, as well as in the father land. It is an erroneous derivation of the origin of it from that passage in Isaiah's prophecy, which tells of the box, the fir, and the pine, as beautifying the sanctuary, and making the place of God's feet glorious. The custom is clearly a pagan, and not a christian one, in its origin.

In "Poor Robin's Almanac," as given in the "Popular Antiquities," by Branel, there is a Christmas carol that shows how that festival was commemorated in 1695, and so worth copying here.

"Now, thrice welcome, Christmas,
Which brings us good cheer!
Minced pies and plum pudding,
Good ale and strong beer!
With pig, goose, and carpon,
The best that may be,-
So well doth the weather
And our stomachs agree!
Observe how the chimnies
Do smoke all about!
The cooks are providing
For dinner, no doubt.
But those on whose tables
No victuals appear,
Oh! may they keep Lent,

All the rest of the year!

With holly and ivy,

So green and so gay,
We deck up our houses,
As fresh as the day.
With bay and rosemary,
And laurel complete,

And every one, now,

Is a king,-in conceit !

*

* *
*
But as for curmudgeons
Who will not be free,
I wish they may die,

On a three legged tree!"

Keeping Christmas is a very ancient custom: and our fathers in the "old countrie," have been longer renowned for this usage than any other people, and for a much longer time, moreover, than they themselves have celebrated any other festive occasion. Of yore, How clearly does the old prophet-bard, above named, they appointed at the king's court, (as old Stowe tells throughout the whole sixty-six chapters of that divine us,) a "lord of misrule, or master of merry disports:" poem, foretel the coming of the Father, Prophet, King, the same merry fellow made his appearance at the whose birth millions are, at this hour, engaged in celehouse of every nobleman and person of distinction; brating! And how does his song call to mirth and gladand, among the rest, "the lord mayor of London, and ness, in its every burst of prophetic eloquence! "Break the sheriffs, had their lords of misrule, ever contend-forth, break forth into joy! Sing, sing together! ing, without quarrel or offence, who should make the Wasted Jerusalem! Jehovah hath comforted his peorarest pastime to delight the beholders."

Then there was the "hagmena," a night or two before Christmas, when folks went about in the garb of beggars, wishing happy Christmas and New Year, and carrying away money, pies, puddings, nuts and apples: a very olden custom. Kindred with it is "mumming," which is, the different sexes changing attire and going about, from house to house, on the "hagmena," or begging frolic. I believe this is kept up in our own more sober land, "a custom," however, to quote Hamlet, "more honored in the breach, than in the observance."

ple! Jehovah hath redeemed Jerusalem! He hath bared his arm in the sight of all the nations! All ends of the earth shall see his glorious salvation !" And they have!

Eighteen centuries ago, it was one perpetual night which veiled the whole earth. To a handful of the human race, upon the remote corner of Judea, there shone the faint light of ancient prophecies; but they were only like distant stars, which sent their trembling rays upon the darkness, and adorned, but not removed the curtain that hung its folds over the world. As to the Gentile nations, their "philosophy" had now sunk into

profound repose, in complete despair of being able to furnish the wanderers with guidance and light. Then, all which loves the shroud of darkness was awake and active. Profligacy indulged, freely, its enormities. Superstition fastened its chain upon the multitude. Idolatry built, every where, its shrines, and power clashed with power,-and nation rose against nation, filing the earth with wars,—until, in those sad hours, no step was taken, and no event occurred, that served not to add fresh discord to the raging of the people. It was the season, when penitence had no hope,-the passions no guide, and the world yielded to the empire of sin and of death! Thus, "darkness covered the earth, and gross darkness, the people." When, suddenly, a light broke from the east! The clouds rolled off from the heavens! The spirits of the night were surprised by a day-beam from on high! Ignorance stood detected! Philosophy was humbled and amazed! The bosom of the penitent was filled with joy! The grave seemed decked with flowers! For the Sun of Righteousness had spread over the world the healing of his rays, and the pure air was filled with the melodies of celestial spirits giving "Glory to God in the highest," and, on earth, proclaiming "Peace-good-will,— toward men!"

This day, then, is the anniversary of the hour that admitted an emanation from the One only true God into the humble and sinful abodes of benighted man, to take upon him our nature, and to become to us a glorious Redeemer. We are bidden by inspiration to hail him as "The Mighty God! the Everlasting Father! the Prince of Peace !" The only perfect image of God in man, as an example of pure holiness, first exhibited for the elevation of a fallen race! The only prophet, whose influences of the spirit are unmeasured! Messiah,-in all the authority of that relation! King,-in all the power and dominion of that sovereignty!

New Year's, 1839. What a soft delicious day, for mid-winter! Peacefully, and with a smile of rare beauty dawns the New Year on us: and may it so continue, to the end. Some there are who view with a too solemn and serious air, the recurrence of this merry season of the year. "Is this a time to be cloudy and sad?" Shall we greet the approach of the stranger with gloom on our brow? We have sped the parting guest, and drank the peace-cup, in hearty libations, to his memory.

"He frothed his bumpers to the brim,

A jollier year we shall not see!
And though his eyes are now so dim,
And though his foes spoke ill of him,
He was a friend to me!

He was full of joke and jest,

But all his merry quips are o'er;
To see him die, across the waste,
His son and heir hath rid, post haste,-
But he was dead, before!

Every one for his own!

Alack old friend! thou'rt gone!
Close up his eyes! Tie up his chin!
Step from the corpse! and let him in,
Who standeth there alone,
And waiteth at the door!
There's a new foot on the floor, my friend!
And a new face at the door, my friend!

A new face at the door!"

Tennyson.

How meet is it, then, that such an anniversary,-the hour that gave birth to One in whom all faith and hope are centred, should never return without receiving the fullest distinctions, and honors, it is in our power to give it. Why should we refuse to go to the cradle of Christ, and, like the philosophers of the east, render all homage to Him, the Prophet, King, Redeemer? We encircle the days of national deliverances, with every demonstration of gladness: those, on which the chains of the oppressor were broken, and liberty returned on the banners of armies and fleets. Why, then, shall we decline to commemorate the advent of the Conqueror, who burst, for us, the heavier bondage of evil desires, and the dark prison of the tomb? who proclaimed the more glorious liberty of the sons of God, and shone in triumph over the influences and domination of an infernal foe? We mark the period with rejoicing, in which the mild influence of peace descends, like refreshing rain, after the thunders and commotions of war. And shall we refuse respect and the evidences New Year is the seventh day from Christmas, and of delight, to the hour when a holier peace was ancomes into "the holidays" with all that merry season's nounced on the lyres of angels;-when all fears of claims upon our attention. Its observances are, geneGod's offended justice vanished in the presence of a rally the same; though, in different sections of this Mediator? country, as well as in different countries, it is celebrated We deem it to be an important duty to consecrate in various ways. In olden time, that quaint and most the hour of the natural creation, when the Creator rested veracious chronicler, old Stowe tells us, the young wofrom his labors,-by weekly observances and honors,men went about with the famous "wassail bowl;" when God said "let there be light! and there was which was a bowl of spiced ale, on New Year's eve

Then the health we drank to thirty-eight, let us drink to thirty-nine! May it be a year of prosperity and suscess, to the readers of the Messenger, and to the Messenger itself! May a smiling spring, a fruitful summer, a rich autumn, an abundant harvest, and a gentle fall and decay, be the records of its career, as set down in the great volume of nature, kept by the patient and truthful finger of old Time!

"And let the shepherd's flute, the virgin's lay,
The prompting seraph, and the poet's lyre,
Still sing the God of seasons, as they roll!—
For me, when I forget the darling theme,
Whether the blossom blows, the summer ray
Russets the plain, inspiring autumn gleams,
Or winter rises in the blackening east,-
Be my tongue mute; may fancy paint no more,-
And, dead to joy, forget, my heart! to beat."

Thomson.

RECOLLECTIONS OF A RETIRED LAWYER.pared to the joys of society and the chase. Our house

RECOLLECTIONS INTRODUCTORY.

was one of his resorts, at proper seasons, for hunting. I attended him and my father afield, from the time when I was able to carry a hare, or half a dozen patridges; and it was he, John Mason, who, in my eleventh year, placed a gun in my hand, to fire at a flock of larks, of which I killed three-my first exploit at gunnery. Those three birds were veritable opime spoils to me. Their killing was an epoch in my existence. From that day, for ten good years, the great theme of my thoughts and dreams, was hunting. Yet it was not alone that mastering passion,-it was rather the blandness of his tone and the paternal fondness of his whole manner, that printed on my heart his words, as, upon my begging him to let me shoot, he handed me the gun; 'That you shall, my dear boy!'-At fifteen, I was his rival in winging game. But our chief strife was in deer-hunting. He preferred my father's big gun, called 'Ben Bowles,' that would chamber five buckshot, and carry forty at a load. I used the rifle. With these, and six good hounds- -But I am garrulous: let all this pass.

I brought away from the practice of my profession, nearly the full measure of reverence for it, with which I commenced the study at nineteen. And that measure exceeded even the reverence attributed to honest Dandie Dinmont; of whom it is written, that in his heart, next to his own landlord, he honored a lawyer in high practice. Not one of my teachers-neither he who carried me, cyphering, through the Rule of Three, nor any of those who taught me Greek, Latin, and Mathematics,-no, nor our neighborhood preacher himself-ever half so filled my soul with idolatrous emotions, as a certain eminent barrister did, who sometimes, in going to or from one of his courts, called to spend a night or a day at my father's house. In conversation he was capital: fluent, copious, and lively; full of anecdote, drawn from both life and books; duly foud of fighting his forensic battles o'er again; and in the opinion, as well of my father (who was no bad judge) as of all our public,-one among the truest of John Mason died, a year before my law-studies bemen, and safest of counsellors. At the bar, he ruled ju- gan: disappointing all my well-founded hopes of adries, and some courts, with absolute sway, by his inge-vantage from his instructions, and his matchless exnuity, eloquence, and reputation for knowledge and ample. Undesignedly, however, he gave me lessons honesty; insomuch, that (as was said of a great Edin-which were of the most signal use; lessons, contained burg advocate) any litigant thereabouts would have in what I myself remembered of his manners and cha deemed it 'a mere tempting of Providence to omit re-racter, and in the innumerable traits of integrity, benetaining John Mason. With talents which, had he volence, and high bearing, long preserved by tradition been ambitious, would have raised him to what dignity through the whole country-side. A most important he pleased, the more readily, as his political opinions influence those lessons have exercised upon my life, were of the popular cast-he never sought office, and If my professional deportment was at all remarkable therefore never held it: for the days of Regulus and for the absence of those foibles vulgarly ascribed to Cincinnatus, when consular robes went to seek reti lawyers; if, when consulted about the propriety of ring merit, have not been our days. When solicited bringing a law suit, I always rigidly cross-examined to stand as a candidate for Congress, he constantly my client touching the grounds of his claim, and disshrunk back, appalled at the obloquy sure to bedaub suaded him from proceeding when I found it ill suppublic men, and disgusted at the base compliances ported; if the suits which I thus prevented, were more which general usage or party discipline exacted from than the many which I carried through; if I ever dis them. The life of an independent country lawyer, dained pedantic display, appeals to prejudice, miswas the life for him. In serving his clients, whom he placed pomp of language, and every form of charlatanserved just as ably when they could pay him no fee as ry; if I invariably strove to avoid misrepresenting when they paid him hundreds-in scourging fraud, either the facts in a case, or the argument of an adversaas he always did when it came in his way, without ever ry; if I was ever careful to lay down as law, to court abetting it, even in a client-in vindicating wrong or jury, nothing, save what I knew or believed to be law; ly-accused innocence, and sometimes (it must be owned) if, instead of attempting to brow beat or abash younger in screening guilt behind the ægis of his eloquence-lawyers, I did all in my power to encourage and assist in the bosom of his happy family, the enjoyments of friendship, the sports of the field, and the pursuits of literature he found pleasures, oh, how little known to those who tread the steep yet miry path, leading to the bright, bleak, and barren summit of vulgar ambition! Still, he was not indifferent, far less ignorant, on public questions. He examined them all, thoroughly; reading, for that purpose, the news-ings of an adverse witness or party; nor could be depapers on both sides, with the impartial eye of one who looks only to truth, and the public good. Oftener than once, at critical junctures, he addressed the people in resistance or in support of men or measures that appeared dangerous or beneficent; and with those auditories, no antagonist could ever withstand him. It may seem strange to many, that being so gifted, he should have so shunned those walks, wherein his endowments might have displayed themselves in their full amplitude and lustre. He held not only political distinction, but the very professional trophies which every court-day brought him, as of little worth, com

them; if I never tried, by laughing, or grimace, or interruption, to impair the effect of an adversary's speech; if clients much oftener wondered at the lowness than complained of the exorbitancy of my fees, while I was always anxious rather to overgo than fall under the charges of my brethren; if I never would gratify an employer's ill nature by wounding the feel

terred by any personal danger, from lashing fraud, perjury, or impertinence ;-it is all owing more to John Mason, than to any other human being, except my parents.

My early reverence for the profession of the law is now explained. Identified in my thoughts with John Mason, it could not but appear to me a sanctuary of the virtues. Nor has experience, the great dispeller of youthful visions, taken much away from the mass of my esteem. The law has its anomalies: what inexact science has not ?-but in the reasonableness and happy fitting together of its principles; in their appliVOL. V.-13

cability to endlessly diversified facts; in the beauty and divide his last loaf, with a distressed fellow creature. aptness of its analogies; in the delicate nicety, yet | Nay, so little prone was he to malice, that even toclearness, of its distinctions; in the multitude of sub-wards me, who had repeatedly been obliged to gall and jects with which it is conversant; in the number, as thwart him, he preserved, I believe, something more well as magnitude, of the interests it guards; and in than the semblance of good feeling. the noble field of exercise it affords to the highest and Few lawyers practice long and with tolerable sucbest faculties of the human mind; the law leaves all cess, without witnessing, and being actors in, scenes other sciences, all other professions, immeasurably far or incidents more striking, by their pathos, or their behind. Its votaries, too, if comprehensively viewed, comic power, than many which have made the forare worthy ministers at such a shrine. Ridiculous, tunes of novelists and play-wrights. Strangely inge. and evil traits, undoubtedly, many of them have. nious villainies, defeated by chances or devices no less Brought daily into contact with depravity, and forced strange; crimes, brought to light and sometimes to to see it, often, in those whom the world believes im- punishment, by oddly combined circumstances, or maculate, the lawyer runs a fearful risk of infection; shielded by professional skill and eloquence; unexnor does he always escape. But when he does escape, pected turns of evidence, covering the most hopeful his quality is like trebly refined gold-pure, bright, suitor with blank dismay; displays of simplicity or of and precious. And, whether it is, that lawyers gene- humor in witnesses or counsel, that set the court room rally see the frightful mien of vice so palpable, as to in a roar; instances of sordidness, fraud, generosity, inhate and shun it of course; or that their professional tegrity, at which it were doubtful whether the laugh training and practice contain some antidote to the por- ing or the weeping philosopher might give the more soned atmosphere they breathe ;-so large a propor- scope to his propensity; these are a few of the objects tion of them actually do escape the threatened con- which pass before the lawyer's eyes-a living drama and tamination, that whoever meets a lawyer, feels rea- romance, where a sensible man may learn more of husonably sure of meeting a man of honor, as well as of man nature, than from a dozen Shakspeares. I have had intelligence. The instances to the contrary are ex- my share of such incidents. These, of which (I could ceptions to a general rule; and the witlings, here and say almost with Father Æneas) 'I saw all, and was in England, who have made such instances the pre-myself no small part,' I have occasionally narrated to text for throwing odium or ridicule upon the whole my children and grandchildren; who flatter me into fraternity, rank but with the saucy jester who held up the fancy that what they have so eagerly listened to, Socrates to derision, or the punier ones who have cir- may equally please strangers to my name. Possibly, culated the numerous current witticisms in disparage-too, good may be done by putting honesty on its guard ment of woman-kind. In looking for genuine repre- against fraud, and showing how to unmask knavery. sentatives of the legal profession, a candid investiga-Whether my memory, or my skill in selecting and artor will turn not to such impotent abortions in morals ranging the facts I tell, will suffice to make them inor intellect, as appear now and then at the city and terest a reader as they have done my partial auditors, country bar; but to those who tread emulously (no is very questionable. It is harder, for most people, to matter, whether conspicuously or not) in the foot-steps tell a story passably on paper, than by word of mouth. of D'Aguesscau, Somers, Erskine, Sir Wm. Jones, My eldest daughter's eldest daughter, however, promiQuincy, John Adams, Wythe, Wirt, and Marshall. ses to overlook my handiwork, correct the punctuation, Law-practice has one unhappy effect, upon many of improve the language where needful, and then read its virtuous followers; in leading them to think ill of it to her mother, who is to act the part of Moliere's old human nature, from the obliquities they behold. This, woman, in deciding whether the piece will suit the however, rarely happens except to those whose diges- public taste or not. Emboldened by their assurances tion is bad, or who have been defeated in some poli- of success, and promises of help, I begin. But let tical aspiration. A few, I have known to acquire me advertise the reader, that if he meet any fine flourthis form of misanthropy from mistaken views of re-ishes, of sentiment or of diction, in these narratives, ligion and the Creator; and one or two, from having been early imbued with the head-wise but heart-foolish Maxims of Rochefoucault. The judgment of these last, has an affinity to that of knaves; whose discolored optics naturally transfer their own hues to whatever they contemplate. Those who have Juvenal's cardinal object of prayer-a thoroughly sound mind, in a sound body,-learn to make allowances for human weakness; to know how hard passion is to resist, THE PLEA OF INFANCY. when it concurs with tempting opportunity; to perceive that much of the villainy apparent to a lawyer, is In the year 17**, a young man named T— E— seen through the blackening and distorting medium commenced the trade of merchandise in a county adof his client's interest or prejudices; and to balance joining his native one of B. His capital was not more against the worst man's worst actions, some partially than four or five hundred dollars; and his stock in redeeming virtue, which even he is sure to possess. The vilest I ever knew-one who was universally deemed well worthy of the penitentiary, though his cunning always kept him out of it, and whom it was my lot once to expose and scourge before a jury so that they utterly discredited his oath, for his notorious perjuries, had yet so kind a heart, that he was known to share his last dollar, and was ever ready to

they will be chargeable not to me, who am a plain writer, and a matter-of-fact man; but to the clever hussy aforesaid, who will retouch and 'improve' (as she says) all my effusions. Her style is sometimes too ambitious: a rare fault in women.

RECOLLECTION I.

trade consisted only of a barrel of sugar, a bag or two
of coffee, two casks of whiskey, one ditto of hard
cider, some nails, bar iron, and half a dozen small
'notions,' such as pins, fishhooks, &c. &c. Nothing
particular was known of him, in that neighborhood,
though some of the wise heads had been occasionally
shaken at the idleness of his life. It had certainly
verged upon dissipation. His father had never con-