beautiful. The lake with its glassy surface, with all the islands and surrounding mountains, reflected in it, the sides of the mountains illuminated or darkened by every variety of light and shade, which the passing clouds floating through a fine azure sky variegated with every tint of colouring, aided by the natural colour of the purple mountain, spread out before us, in a bold but regular slope, and finely contrasted by the Alpine tops of M'Gillycuddy's rocks, bare and barren, with their peaked tops, proudly rising above it and every surrounding object. I thought that had Claude Lorrain seen this scenery, his pencil would have been furnished with subject to outdo any thing he has left to the world. Patrick are too much attached to their native beverage to throw it away, so, notwithstanding their assertions, I am inclined to think the bottle was filled with water, and was only one of many, which had been used in the same place, and for the same purpose-but as this was a harmless way of obtaining a christening glass in our return to Killarney, we winked at the deceit, and permitted them to enjoy it. Nothing remarkable occurred in descending the current of the river into the lower lake except in shooting the old Weir bridge, in the boat, which was carried through it with great velocity, one man ready to set with an oar on each bow, while the rest of the boats crew lay on their oars. Descending to the temple all our aerial feelings were put to flight, by some fine cold roast Kerry mutton and boiled ham, provided the night before, by our hostess Mrs Coffy, who took care also that we should have wherewithal to make a libation to the genius of the lakes, which we did in excellent old port, while our boat's crew laid in a new stock of vigour, with the plentiful remains of our table, qualified by good Irish porter and whiskey, which latter, how-to us as long as posible. ever, I took care to proportionto them, lest they should have been rendered incapable of discovering the outlet from the lake, which, however beautiful in the day, would have afforded but a sombre night's lodging. When we returned to the lower lake our boat's crew would fain have persuaded us to steer directly for Ross Castle, and to employ another day in visiting those parts of the lower lake which we had yet seen only at a distance, but as it was yet only four o'clock, and the weather remarkably fine, we rejected this advice, tho' evidently much against their inclination, as it would have been their interest to have made themselves useful We bade adieu to this charming spot, with a discharge of our cannon, and descended the lake, but not before our boatmen insisted on naming a small island, which they said was without a name, after my companion, who happened to be their greatest favourite. They according. ly broke a bottle, which, they said, was full of whiskey, against the rocks, chearing the name of Fortescue three times. These sons of St We intended to have proceeded first to O'Sullivan's cascade, which falls from Tomies on the west side of the lake, but our guide assuring us, we had reason to believe with truth, that at this season, in times of drought, it is very inconsiderable, we alter'd our course and steered for Innisfallen Island, towards which we observed a small handsome boat on our right with a lady and gentleman. At about five o'clock we landed on this most beautiful Island, and directed our steps to the few remains of a very large Benedictine Abbey, which was founded here in the first ages of the Irish Christian church in the sixth century by St Finian. Nothing now remains but about half the the walls of the choir of the church, and the foundations of the rest of the building now overrun with brambles, weeds, and underwood, but which shew themselves sufficiently to impress sentiments of its former greatness. Lord Kenmare has repaired and modernized one of the small dependant buildings, so as to answer the purpose of a lodge or banqueting house. We here met an old man who with his family inhabits a comfortable cottage near the ruin, and who is allowed that, pasture for one Cow, and ten pounds per annum, by Lord Kenmare, for herding the the sheep, (of which some are the finest I ever saw,) and acting as ranger of Innisfallen. The old man accompanied us unasked in our walk of about a mile round the beautiful island, in a path through a copse which skirts it in its whole circumference, while the middle, rising gradually from every side by a gentle slope, is kept as a lawn, interspersed with clumps of a variety of forest trees, among which I observed some of the largest Ash and Holly I ever saw before, particularly two Hollys of immense size. This lawn is said to afford the finest ture in Ireland, and the appearance of the sheep feeding on it justify its character in that respect, while for mild rural beauty I never saw a spot which exceeded it *. After chearfully paying the expected tax for the honor of the ranger's company, we quitted this enchanting spot with regret, that the lengthened shadows reminded us so soon, that we should pas Returning to the abbey under which the boat awaited us, we saw the gentleman and lady we had observed in the small boat, they seem'd to be employed as we were; our boatmen inform'd us they were a Mr Russel, who has a handsome house adjoining Lord Kenmare's demesne, and a lady from Cork on a visit to his family. scarcely have day light sufficient to reach Killarney. Committing our. selves therefore once more to the care of our good coxswain Darby Minaghan, we bade adieu to Innisfallen, and just as the sun was setting landed at the foot of Ross castle. I had ordered our gig to meet us at Ross Castle, at sunset, but the hostler not being punctual in sending it, gave us the pleasure of a most delightful walk, which we relished doubly after so much sitting in our boat. We supped, and chatted over the various beauties of the day until a late hour, when we retired with our heads so filled with them, that my night's sleep was a continued dream of mountains and valleys, woods and lawns, rivers and lakes, old castles and abbeys, inhabited by crowds of appropriate phantoms, appearing and disapearing without method, to a mind really surcharged with too great variety of natural beauty. (To be continued.) Address by SIR JAMES MACKINTOSH to the Grand Jury of Bombay, 7th January, 1855. Gentlemen of the Grand Jurg, HAVE neither the same subject for congratulation, nor the same reason for addressing you on general topics, as I had on former occasions. The offences in the Calendar are neither so few in number, nor so slight in guilt, nor quite so simple in their legal character. The time which we can now afford will, therefore, be fully occupied, by giving you such information as may be useful in the discharge of your immediate duties. It is scarcely necessary for me to promise, that I shall speak only of the crimes, and not of the persons accused, whom the humanity of the Law presumes to be innocent, and whom I shall certainly treat as pos sessing sessing all the legal privileges of in. nocent, till a Jury of their country shall decide that they have lost that character and the privileges that belong to it. In this Calendar I observe some persons charged with Stealing in the dwelling house, a most abominable of fence, which invades, and where it is frequent, almost destroys the most valuable part of the security of hu. man life. What a strict execution of Law can do to repress so pernicious a crime. shall certainly be done as long as I preside here. But as long as the scandalous acquiescence, I had almost said connivance of the English Inhabitants lasts, as long as our houses are filled with servants who have been detected in fraud and theft, so long ought we to consider ourselves as the corruptors of our servants, and, through them, of the body of natives, and so long I fear will the efforts of Laws and Magistrates be vain. The cause of this criminal toleration is, I admit, often good nature, and never worse than indolence. If a system were unanimously adopted and firmly adhered to, for a considerable time, to dismiss servants on the detection of the most petty fraud, if we were to receive no servants without the most ample testimonials of honesty from their for. mer Masters; especially, if this were combined with a small provision for sickness and age, which might be made the reward of those who persevere in well-doing, I am persuaded that, in a course of years, a most serious improvement might be expect ed, and that, with some trouble to ourselves in the beginning, we might leave the domestic comfort of our successors very different from what our own is at present. I shall perhaps, on a future occasion, lay before you a plan of reformation on this subject. The next case is one of obtaining money under false pretences, an offence of so simple a kind that you will require no legal information respecting it from me. I have only to observe, that the magnitude of the crime does not depend on the magnitude of the sum fraudulently obtained. There are cases in which the most inconsiderable sum obtained by fraud will deserve your serious consideration; especially if the fraudulent pretences be of a nature to disturb the peace of families, and to wound the feelings of innocent and deserving persons. You will not consider the case as unworthy of your investigation, because the fraud has not been so profitable as it was wicked. A Bill will be preferred against one person for the offence of receiving presents contrary to the Stat. 33 Geo. III. C. 52. Sect. 62. As this is the first proceeding under this statute which has been instituted in this, and I believe, in any other of his Majesty's Courts in India, I will shortly state to you the substance of the above Section, in the way in which I understand it. So great is the temptation and so enormous have been the mischiefs, arising from the practise of British Subjects receiving presents from the Natives of this country, that, in this statute, which is the present political and commercial code of India, the legislature have taken away so convenient a cover for corruption and extortion altogether, by making the mere act of receiving a gift criminal. Such receiving must indeed be by a person "holding or exercising an office or employment under His Majesty, or the Company." The person charged before you is a clerk in an important public office in this island; and though, perhaps, immediately appointed by the Chief of the department, whose confidence he is charged with abusing, is yet, in my opinion, without the least douht, to be considered "as exercising an employment under the East India Company," and in that cha character subject to prosecution under the Act of Parliament, A more important doubt remains. He is a Native of India, and it may be questioned whether the words "British Subject" extend to him. That, for many purposes, he is a British Subject, cannot be doubted. If he were to commit high treason, he would be rightly indicted for acting" against the duty of his allegiance." If you should be of opinion that it is doubt ful whether he be a British Subject, to satisfy the provisions of this act of Parliament, I should still advise you to find the Bill; because he will have all the benefit of these doubts in a future stage of the proceeding; and because it is fit that a question so important should be put into such a course as to receive legal discussion and determination. A Bill will, I understand, be preferred against the same person, found ed on the same criminal act, for BRIBERY, which, in those who exercise any public trust, is, and always has been, a misdemeanor of the highest nature, by the common Law of England. No difficulties will arise respecting the Law on this last bill. T'here only remains one offence, which, of all crimes, is perhaps the the most odious in the court of justice, because it most directly tends to defeat the administration of justice; an offence, of the frequency of which I formerly spoke from information, but can now speak from large and deplorable experience. I mean Perjury. One case of that detestable crime is, I believe, likely to come before you. It is attended with a peculiarity which may perhaps for a moment a little perplex your judgement. The perjury is charged for swearing falsely to handwriting; and it may, at first sight, seem that this swearing, which must be matter of opinion, is not so properly the subject of criminal proceeding, as a swearing about what is called a matter of fact. Now, in the first Jan. 1806. place, it is my duty to lay it down as ascertained and decided Law, that "if a man has sworn that he believes "what you are thoroughly convinced "he never could or did believe, he is "guilty of perjury." And if you will honour me with your attention for a very short time, I hope I shall convince you of the justice of this principle of Law, as to persons accused, as well as its necessity to the wellbeing of society. Inquiries into the foundation and distinctions of probability and certainty, of opinion, belief, and conviction, are very well a dapted to the schools of philosophy, but they are scarcely fit for this place, or this occasion. Such refined discussions seldom afford us amy immediate result, which can guide us in the rough and gross business of human life.-Criminal law must be administered on plain principles, on a level with the ordinary understanding of mankind. If a man of a sound mind, who knew the English language, were to swear before you that he believed three and three to be seven, you would no more hesitate in pronouncing that he had sworn falsely, than if had sworn that the sun does not, at this moment, shine in the heavens. And if he were to vindicate himself, by pretending that the one was matter of opinion, and the other matter of fact, I believe you would not be much embarassed by his distinction; that you' would feel more indignant at his effrontery, than perplexed by his sophistry. Precarious indeed would be the tenure by which every British Subject would hold his property and his life, if sucha pretext were sufficient to protect the false swearer from the punishment due to his crime. You are not to learn, that upon such testimony as that which is the foundation of the charge of Perjuy betore you, upon evidence of belief as to hand writing, your property may be taken away :that on such evidence you might be con convicted of Forgery, and consequently receive the judgement and suffer the punishment, of death. But it is a principle, common, I believe, to our Law, with the Codes of all Civilized Nations, that no testimony is admissible evidence, for which, if it be false, the witness is not punishable for perjury. There may be some difference, therefore, between this and other perjury, in the facility of proof, but there can be none in the legal responsibility of the offenders. I will not detain you longer from your important duties. I trust that you and I will one day have the unspeakable satisfaction of reflecting, that we have not only discharged those duties which preserve the order of Civil Society, but that, by a firm though moderate execution of just Laws, we may have contributed, in some slight degree, within the narrow sphere of our influence, to revive those moral sentiments which every where naturally spring up in the human heart, but which seem so long to have languished in the breasts of the Inhabitants of India. PLAN of a NEW CHARITABLE IN STITUTION in EDINBURGH. THE HE numerous and extensive charitable institutions which already exist in this city, might seem, on taking a general and cursory view of the subject, to preclude the necessity of any other. There are many Hospitals, in which complete provision is made for certain descriptions of the Young and the Aged, and one that opens its friendly gates to ALL ORPHANS, preferring only the most destitute and forlorn, Many of the Diseased are taken under the protection of the Infirmary, an Institution wor thy of its Founders, and in the high est degree honourable to the city of Edinburgh; and those who are dis missed as incurable, will soon obtain relief from a permanent Fund, which Female bounty has lately established for that laudable purpose. Among all the Societies, whether temporary or permanent, which have been formed for the purpose of relieving the wants of the Poor and the Diseased, those are unquestionably the most useful, whose Committees or Managers pay weekly visits to the objects of their bounty, and, after a minute inquiry, give supplies according to their own personal knowledge of the wants, the industry, and the character of the persons and families, who in this respect are committed to their care. Every substi tute for this benevolent and self-denied attention, is more liable to imposition, and less adapted to promote the real happiness and comfort of the wretched objects who ought to en joy the benefit of such Institutions. Of this description are the Society for Relief of the Destitute Sick, and the two Female Societies. Their plan is excellent, and the Funds committed to them are judiciously expended, principally because they give no supply without first visiting the distressed and needy persons, and obtaining every necessary information respecting them; and this rule is followed, not merely when new ap-` plicants are put upon their lists, but in relation to every stated or occasional aid that may afterwards be given them. Still however there is room for doing more good, without interfering with the business of Societies already established, or taking any measures that would have the smallest tendency to impair the means of their support. On the contrary, it is intended to co-operate with them, and to give and receive mutual aid and encouragement. There are many objects of compassion in this city and its neighbourhood, who are not provided for by any charitable institution. Incurables dis missed |