away; the boy becomes a young man, enters on the arena of active life, prepared only to estimate the value of a flock of sheep, a horse, or a few head or horned cattle-to drive a hard bargain, and in too many instances to boast and exult if he has been cunning enough to overreach his neighbour. Can any thing be more horrible than the prospect of future times in the Colony which this hideous picture presents ?"

This evil, however—an evil rendered inevitable by a continuance of the present state of things-is, we rejoice to say, about to be prevented; and, if the gentlemen, to whom the formation of the preliminary proceedings has been entrusted, will combine their efforts with concord and unanimity, and direct their energies to one good end, the most beneficial results may be anticipated; but if, as is too frequently the case, discord should interrupt their proceedings, we shall be yet disappointed in the fulfilment of hopes, which have been highly and most pleasurably excited.

We tremble at the Jury Act, with which we are threatened by Mr. Attorney-General Stephen. It is proposed, by that Act, (the draft of which is actually prepared) to reduce the number of jurors from twelve to seven-an innovation and an encroachment on the rights and privileges of Britons, which cannot be regarded with any other feelings than those of alarm and fear. We can guess the reason of this untoward reduction. Mr. Stephen, as a quick and an acute lawyer, has discovered, that the formation of Colonial Juries, has not hitherto been attended with that advantage, which results from similar tribunals in England; and judging, probably, that, with the present qualifications, it would be easier to find seven "good men and true," than twelve, he has resolved to make the experiment. This resolution is bold, but far from prudent or judicious; and this, the learned gentleman has, no doubt, ere this discovered, as there appears to be but one feeling on the subject, amongst the people, who are now preparing to express it pretty freely and loudly at a public meeting, forthwith to be convened by the Sheriff.*

If the present system of Trial by Jury is not found to work well in the Colony, no wise man could reasonably object to its alteration, provided, of course, such alteration were judicious and beneficial. Our own opinion is, that, with such an alteration, or, perhaps, we should say, improvement, in the qualifications of Jurors, as would provide a Jury of competent individuals, twelve persons are as small a number as can be of any safe utility. We are not, however, to estimate the operation of Trial by Jury, here, by the standard of its excellence in the Mother Country; and one prominent reason, why we should not do so, is the investment of the important and extensive

* The thanks of the public are eminently due to Mr. Kemp, for his energetic exertions on this urgent occasion. No sooner was he certified of the actual fact of the proposed reduction, than he immediately prepared a Requisition for a public meeting, and personally obtained numerous signatures thereto.

powers of the English Grand Jury, in the sole and only person of the Attorney-General. Considering the question in this light, Mr. Stephen's proposed innovation becomes doubly fearful. Let us, however, be distinctly understood. In making these observations (and we think it our duty to do so) we offer them, without the least reference to Mr. Stephen, personally, of whose abilities and integrity there can be but one opinion: but, invested as he is, (and who can be answerable for his successor,) in his character and office of Attorney-General, with such enormous powers, it becomes him, we think, to be especially careful how, and to what extent, he increases these powers. Let the " Jurors of our Lord, the King," be properly and carefully selected, and we shall have no fear for the result of their decisions but, we must decidedly lift up our voice against any curtailment of the orthodox number of twelve. Less, certainly, will be of no avail here; and even a slight addition to this number would not be prejudicial to the best and most essential purposes of the institution. In altering our laws, or meddling, in any respect, with our Colonial enactments, it should always be had in remembrance, that the free population is entitled to the privileges and immunities of Britons, and this, too, to the utmost degree of latitude: as regards the prisoners, let them be treated, as the Legislature thinks fit; but again, we repeat, and we repeat it emphatically:-If we are to be protected by Trial by Jury, let us have a Jury of our peers, and let the number on no account be less than twelve. If this be not conceded to us, Trial by Jury becomes reduced to a farce, the acting of which is attended with a most melancholy interest.

Having thus cursosily glanced at the principal topics of interest, as regards the present condition of the Colony, and shown, not only that such condition is extremely critical, but likewise adverse and unpropitious, it would naturally follow, that we should propose a remedy. This, however, would be a Herculean task, and, indeed, impossible of accomplishment within the contracted limits of a Miscellany like this: neither would it be easy to apply one remedy to so many evils, especially as they have originated in circumstances, to which the Colony, in its rapid rise, has been unavoidably exposed. To those, who attribute our adverse circumstances to the result of misgovernment, are only so far right, as regards the injudicious regulations, which emanate from the Home Government; for, it must be obvious, even to the most casual observer, who is unbiassed by party-prejudice, that the exertions of the present Local Government have been sedulous and most unremitting in furtherance of the best interests of the Colony. But the Governors of Colonies, and especially of so distant and so peculiar a Colony as our's, labour under great disadvantages in the execution of their onerous duties. As the official instruments of higher powers, they have but implicitly to obey their instructions, whether it be for good or for evil,—for approval or discontent; and, while the good, which is done, is, too often, imputed to the fatherly care of the parent Government, the

evil is invariably attributed to their passive and unconscious agent. As

"The evil that men do lives after them,

The good is oft interred with their bones,"

so are the good intentions, zealous exertions, and, even, the actual successes of Colonial Governors speedily forgotten, in the malicious augmentation of those failings, which have been hitherto inseparable from frail humanity. To obviate this, however, one course is plainly open, and that consists in the granting to the Colonists the benefits, as well as the responsibilities, of a publicly-elected Legislative Assembly. This done, the Colonists would be enabled to make their own laws, by means of representatives of their own choice; and it would be their own fault, if they did not suit those laws to their situation, and adapt them to their necessities. That this important change, in the constitution of this Colony, would not be effected without some trouble and inconvenience, is sufficiently obvious; but the good, which would result from it, would be, eventually, an ample compensation for the temporary disadvantage, necessarily attendant upon so extensive and so important an innovation.

R.

THE VOICE OF THE GOSPEL.

A voice came blended with the passing wind-
A voice of varied tones, tho' o'er each note,
One soul of love dwelt deep and changelessly.
It seemed a warning voice, to bid me cast
All thoughts of earth away. At first it came,
In a low plaintive tone, as tho' its notes

Pour'd from a harp, where summer winds passed o'er.
Wake! sinner wake!

From worldly pleasures fly;
Oh! whilst there's life awake!-
For you must die.

Wake! sinner wake!

A Saviour calls to thee;

For you I've died, and won,

A blest eternity.

Those murmur'd tones, how soft their accents fell,

In their full sweetness on my raptur'd heart,
And my whole soul glow'd with the holiness
Of angel-prayer. All voices of the air,
Even the trembling leaves waved silently,
And a deep calm, and holy, veil'd the earth;
But ah! too pure-too angel-like, it breath'd,

To linger long amid such alien scenes :

And soon it ceas'd, and leaves, and blossoms woke-
And all things burst into sweet sounds, and earth
Beamed in her loveliness. Then first my soul
Paused on her heavenward track-she saw the homes
She prized, smile brightly, and her own lov'd streams,
Dance 'neath the glitt'ring sunbeam, and she gazed-
Nor longer sought on these sweet strains to float,
To brighter homes in Heaven-still she gazed.

Her steps were chained, and her bright thoughts were chilled,
By that long earthward glance, she falter'd, turned,
And fell again, amidst the fading flow'rs of earth-
To bloom awhile and die! Then on the breeze,
A warning blast came peeling. Oh! it burst
Like to the death-fraught music of command,
When loudly waking from his blissful dream,
Of Home and Love, it calls the warrior forth,
To win Fame's chaplet, or, unbless'd, to die.

Oh! madly, madly, thou art dreaming,
In the joyless bowers of doom;
Where not a ray from Heav'n is streaming,
To guide thee through the gloom.
Oh! wildly, wildly, thou art sleeping,
Whilst yet you Heaven might gain,
But you'll wake in the spirit, weeping
Its loss, and repent in vain.
And mis'ry, mis'ry, will be thy lot,
Where bliss you might have won ;
A Saviour call'd, but you heard him not,
Farewell! for my task is done.

Awestruck I heard: like to the desert wind,
Those sounds came with'ring o'er me: then I knew,
That my young Faith had been of earthly mould;
And tho' its branch a shining fruit had borne
'Twas like to that, which on the Arab tree,

Grows bright, but void within. Then my eye turn'd,
On those fair fading flowers, which sparkling late,
With life, and light, and lustre not their own,

Changeless had seem'd, but pass'd was now their bloom,
And I found nought eternal but their doom.
And my heart sank, and wildly did I gaze

On the bright Heav'n, there too, all light had fled,
'Twas sunless as my soul. Mourning I bent

A humbled knee, and breath'd a heart-wrung prayer,
That He, whose name is Love, would on my heart-
My blighted heart, pour forth one ray of hope,
To cheer the deep'ning gloom; trembling I raised
An eye of Faith in mercy, and I saw,

In the dark east, a beauteous star appear;
Larger aud yet more large it grew, until
All bright, all radiant, all divine it pour'd,
On my enchanted soul, and midst that flood
Of golden light, bright heav'nly strains were heard,
Floating around-from angel-harps they pour'd.

Bring a crown-bring a deathless crown,
That never shall fade away;

He hath fought the fight, and is worthy to taste,
Of joys that shall ne'er decay.

Bring a robe-bring a spotless robe,

In the Saviour's blood wash'd white;

From your fountains of glory fling round his brow,
A halo of living light.

Bring a branch-bring a waving branch,

Of Heaven's undying palm;

In his hands place a lyre, he is meet to join,
In the one triumphant Psalm,

VOL. III, NO, XV,

And blessing, and glory, and honour to thee,
Oh! Lord, of salvation be given;

My joy was of earth, thou hast set me free,
I shall seek it now in Heaven,

THE AMERICAN NAVY.

FRANCES

That interesting nation, the United States of America, is daily increasing in power. We have received from a friend in England, a copy of the best book-(the best, because the least prejudiced—the most impartial,) which we have ever met with upon the state of that immense country. It is written by Mr. De Roos, a nephew of the late unfortunate Lord Edward Fitzgerald, an officer in the Royal Navy, but who having a taste for science and literature, has travelled a very considerable portion of the northern hemisphere.

It appears by Mr. De Roos' account of the navy of the United States, that it bids fair to rival that of its great parent. The details furnished are extremely interesting.

Mr. De Roos's first introduction to the American dock-yards took place at Washington; and both here and at Baltimore, and Philadelphia, comparing that which he saw with that which he heard, he was a good deal disappointed. At Washington he found only two. ships building: they were large frigates, and skilfully constructed, but still there were only two. A contrivance resorted to (in the case of a third frigate) for the purpose of repair, did not appear to have been judiciously hit upon the author suspected that it would turn out a complete failure.

"The Potamac, another heavy and clumsy looking 60-gun frigate, was hauled upon ways, in a cradle, called Commodore Porter's inclined plane, an expedient intended to save the expense and inconvenience of dry docks, for examining the bottoms of vessels where there is little tide. She was partly suspended by cables, and partly by shores the hauling up had been easily accomplished, but the ground having afterwards given way under her stern, the inclination of the plane had been altered, and I very much doubt whether she will ever be got down again. This, in the United States, where rigid economy is the order of the day, is likely to make the inclined plane very unpopular."

:

At Baltimore, however, something is found attractive. The traveller, though pressed for time, at all hazards, must visit the port, and is delighted with the appearance of a schooner," which was

building for the purpose of smuggling on the coast of China. Every thing was sacrificed to swiftness, and I think she was the