Ah, no! the living oak shall crash,
That stood for ages still,

The rock shall rend its mossy base,

And thunder down the hill,
Before the little Katydid

Shall add one word, to tell

The mystic story of the maid
Whose name she knows so well.

Peace to the ever-murmuring race!
And when the latest one
Shall fold in death her feeble wings

Beneath the autumn sun,

Then shall she raise her fainting voice
And lift her drooping lid;

And then the child of future years

Shall hear what Katy did.

OLIVER WENDELL HOLMES.

BULLUM VERSUS BOATUM.

WE shall now return to the law, for our laws are full

of returns, and we shall show a compendium of law; parts of practice in the twist of the tail of a wig. The depth of a full bottom denotes the length of a chancery suit, and the black coif behind, like a blistering plaster, seems to show us that the law is a great irritator, and only to be used in cases of necessity.

Law is law, law is law, and as in such and so forth, and hereby and aforesaid, provided always, nevertheless, notwithstanding. Law is like a country dance; people are led up and down in it till they are tired. Law is like a book of surgery, there are a great many terrible. cases in it. It is also like physic, they that take least of

it, are best off. well to follow.

Law is like a homely gentlewoman, very
Law is like a scolding wife, very bad

when it follows us. Law is like a new fashion, people are bewitched to get into it; it is also like bad weather, most people are glad when they get out of it.

We shall now mention a cause, called "Bullum versus Boatum:" it was a cause that came before me. The cause was as follows:

There were two farmers; farmer A and farmer B. Farmer A was seized or possessed of a bull; farmer B was possessed of a ferry-boat. Now, the owner of the ferryboat had made his boat fast to a post on shore, with a piece of hay twisted rope-fashion, or as we say, vulgo vocato, a hay band. After he had made his boat fast to a post on shore, as it was very natural for a hungry man to do, he went up town to dinner; farmer A's bull, as it was natural for a hungry bull to do, came down town to look for a dinner; and, observing, discovering, secing, and spying out some turnips in the bottom of the ferry-boat, the bull scrambled into the ferry-boat; he ate up the turnips, and, to make an end of his meal, fell to work upon the hay-band; the boat, being eaten from its moorings, floated down the river with the bull in it; it struck against a rock, beat a hole in the bottom of the boat, and tossed the bull overboard; whereupon the owner of the bull brought his action against the boat for running away with the bull. The owner of the boat brought his action against the bull for running away with the boat. And thus notice of the trial was given, Bullum versus Boatum, Boatum versus Bullum.

Now, the counsel for the bull began with saying, "My lord, and you, gentlemen of the jury, we are counsel in this cause for the bull. We are indicted for running away with the boat. Now, my lord, we have heard of

running horses, but never of running bulls before. Now, my lord, the bull could no more run away with the boat than a man in a coach may be said to run away with the horses; therefore, my lord, how can we punish what is not punishable? How can we eat what is not eatable? Or, how can we drink what is not drinkable? Or, as the law says, how can we think on what is not thinkable? Therefore, my lord, as we are in this cause for the bull, if the jury should bring the bull in guilty, the jury would be guilty of a bull."

The counsel for the boat observed that the bull should be non-suited, because, in his declaration, he had not specified what color he was of; for thus wisely, and thus learnedly, spoke the counsel: "My lord, if the bull was of no color, he must be of some color; and, if he was not of any color, what color could the bull be of?" I overruled this motion myself by observing the bull was a white bull, and that white was no color; besides, as I told my brethren, they should not trouble their heads to talk of color in the law, for the law can color anything. This cause being afterward left to a reference, upon the award, both bull and boat were acquitted, it being proved that the tide of the river carried both bull and boat away, both bull and boat had a good action against the water-bailiff.

My opinion being taken, an action was issued, and, upon the traverse, this point of law arose: How, wherefore, and whether, why, when, and what, whatsoever, whereas, and whereby, as the boat was not a compos mentis evidence, how could an oath be administered? That point was soon settled by Boatum's attorney declaring that, for his client, he would swear anything.

The water-bailiff's charter was then read, taken out of the original record in true law Latin; which set forth in

their declaration, that they were carried away either by the tide of flood or the tide of ebb. The charter of the water-bailiff was as follows: "Aquæ bailiffi est magistratus in choisi, sapor omnibus fishibus qui habuerunt finos et scalos, claws, shells, et talos, qui swimmare in freshibus, vel saltibus riveris, lakos, pondis, canalibus, et well-boat, sive oysteri, prawni whitini, shrimpi, turbutos solus;" that is, not turbots alone, but turbots and soles both together. But now comes the nicety of the law; the law is as nice as a new-laid egg, and not to be understood by addle-headed people. Bullum and Boatum mentioned both ebb and flood to avoid quibbling; but it being proved that they were carried away neither by tide of flood, nor by the tide of ebb, but exactly upon the top of high water, they were non-suited; but such was the lenity of the court, upon their paying all costs, they were allowed to begin again, de novo.-STEVENS.

SONG OF THE WINTER WINDS.

OH, what is the song that the winter winds sing,

As earth they are robing with snows that they bring From the crystalline realms of the stern ice-king? "Oh, pity the poor! oh, pity the poor!"

Adown the dark street they are rushing along,
And into the ears of the hurrying throng,
They, determinate, shout the words of their song,
Oh, pity the poor! oh, pity the poor!"

They rattle the shutters of the rich millionaire,
To knock for the mendicant, shivering there,
And are whispering through, on the cold, cold air,
"Oh, pity the poor! oh, pity the poor!"

They part the white curtains, and hover beside
The pillow of one in her maidenhood's pride,

And breathe to her gently, "The Lord will provide.
Oh, pity the poor! oh, pity the poor!"

Have ye not heard it, this song born of love,
Sung by His messengers sent from above
To tell us our duty, our stewardship prove?
Then pity the poor, then pity the poor!

"The poor ye have always," let love then prevail,
Lend to the weak, the distressed, and the frail,
Whom society has shut without her white pale,

Because they are poor, because they are poor.

Is this the glad song that the winter winds sing
As back they are soaring with unwearied wing,
To the crystalline realms of the stern ice-king?
"Earth pities her poor, earth pities her poor!"

WILLIAM M. CLARK.

JEAN ANDERSON, MY JOY, JEAN.

EAN ANDERSON, my joy, Jean,

JEAN

Just lay your loof in mine,

An' let us talk thegither

O' the days of auld lang syne.
The sun is gettin' low, Jean,

An' death is drawin' near.

'Tis growin' hard for baith to see,
'Tis growin' hard to hear.

Jean Anderson, my joy, Jean,
I kenn'd ye lang ago,
When ye were but a wee thing,

That toddlin' roun' did go.