mals. On the other hand, the injuries which they inflict upon us are extensive and complicated; and the remedies which we attempt, are often aggravations of the evil, because they are directed by an ignorance of the economy of nature. The little knowledge which we have of the modes by which insects may be impeded in their destruction of much that is valuable to us, has probably proceeded from our contempt of their individual insignificance. The security of property has ceased to be endangered by quadrupeds of prey, and yet our gardens are ravaged by aphides and caterpillars. It is somewhat startling, to affirm that the condition of the human race is seriously injured by these petty annoyances; but it is perfectly true, that the art and industry of man have not yet been able to overcome the collective force, the individual perseverance, and the complicated machinery of destruction which insects employ. A small ant, according to a most careful and philosophical observer (Humboldt), opposes almost invincible obstacles to the progress of civilization in many parts of the equinoctial zone. These animals devour paper and parchment; they destroy every book and manuscript. Many provinces of Spanish America cannot, in consequence, show a written document of a hundred years' existence. "What developement," he adds, "can the civilization of a people assume, if there be nothing to connect the present with the past; if the depositories of human knowledge must be constantly renewed; if the monuments of genius and wisdom cannot be transmitted to posterity ?" Again, there are beetles which deposit their larvæ in trees, in such formidable numbers, that whole forests perish beyond the power of remedy. The pines of the Hartz have thus been destroyed to an enormous extent; and at one place in South Carolina, at least 90 trees in every 100, upon a tract of 2000 acres, were swept away by a small, black, winged bug. Wilson, the historian of American birds, speaking of the labors of the ivory-billed wood-pecker, says, "Would it be believed that the larvæ of an insect, or fly, no larger than a grain of rice, should silently, and in one season, destroy some thousand acres of pine trees, many of them from two to three feet in diameter, and 150 feet high? In some places, the whole woods, as far as you can see around you, are dead, stripped of the bark, their wintry-looking arms and bare trunks bleaching in the sun, and tumbling iu ruins before every blast." The

subterraneous larvæ of a species of beetle has often caused a complete failure of the seed-corn, as in the district of Halle in 1812. The corn-weevil, which extracts the flour from grain, leaving the husk behind, will destroy the contents of the largest storehouses in a very short period. The wire-worm and the turnip-fly are dreaded by every farmer. The ravages of the locust are too well known not to be at once recollected, as an example of the formidable collective power of the insect race. The white ants of tropical countries sweep away whole villages, with as much certainty as a fire or an inundation; ships even have been destroyed by these indefatigable republics, and the docks and embankments of Europe have been threatened by such minute ravagers.

INSOLVENCY. (See Bankrupt.)

INSTANCE. On the European continent, a court is said to be of the first instance, when it has original jurisdiction of a case; of the second instance, when it has appellate jurisdiction from a lower court; of the third instance, when it has appellate jurisdiction from courts of the second instance. In some cases, generally criminal, a court may be of the first or second instance, according to the place where the process was begun; for instance, if a man is tried in Prussia for a high crime, and found guilty, he appeals, and the case is sent to another criminal court, chosen by the government, which, in this case, is of the second instance; while, in the next case, perhaps, the situation of the two courts may be reversed. To absolve ab instantia means to absolve a person from an accusation, without carrying through the process.

INSTINCT (from the Latin instinctus); that impulse, produced by the peculiar nature of an animal, which prompts it to do certain things, without being directed, in acting thus, by reflection, and which is immediately connected with its own individual preservation, or with that of its kind. Thus the new-born duck hastens to the water, the infant sucks, without being taught to do so; all animals eat when they feel hunger, drink when they are thirsty, by instinct. All the instincts of animals are directed to the preservation either of the individual or of the genus. They appear in the selection of food, avoiding of injurious substances, taking care of their young, and providing for them before they are born; as the bird, for instance, builds its nest to receive its future progeny. The instinct of motion, and the opposite instinct, which compels

the bird, for instance, to remain on her eggs, at the period of incubation, are equally strong. The building of dwellings is, in the case of many animals, a highly curious exercise of instinct; as, for instance, in the case of the beaver and the bee. They are evidently actuated by instinct, as they always succeed the first time they attempt it. Certain instincts lead to certain changes; for instance, to migrating, or to coupling at certain times, to building nests, and expelling the young when they are fledged, and able to take care of themselves. Instinct sometimes misleads; as, for instance, the fly lays its eggs in the flower of the stapelia hirsuta, deceived by the smell of this plant, which resembles that of meat in a state of putrefaction. The young, in this case, perish from want of food. Two things are worthy to be remarked. Men often act from instinct, when least aware of it, and often explain actions in other animals, by instinct, in which they cannot be actuated by it, but in which memory, and the power of combination, must necessarily be supposed. Numberless anecdotes of dogs prove this. The intelligence of animals is an extremely interesting subject, and though there are several highly valuable works on it, yet it is far from having been thoroughly investigated.

INSTITUTE, THE NATIONAL. This learned body, which was organized after the first storm of the revolution, during which all the academies of learning and arts in France had perished, was formed by the decree of the 3d Brumaire of the year 4, from the Académie Française, the Académie des Sciences, and the Académie des Belles Lettres et Inscriptions. Its object was the advancement of the arts and sciences by continual researches, by the publication of new discoveries, and by a correspondence with the most distinguished scholars of all countries, and especially by promoting such scientific and literary undertakings as would tend to the national welfare and glory. The institute was composed of a number of members residing at Paris, and an equal number of associates (associés) in the different parts of the republic. Each class could also choose eight learned foreigners as associates. It was at first divided into three classes, each of which was subdivided into several sections. The first class embraced the physical and mathematical sciences, the second the moral and historical, and the third literature and the fine arts. The number of active members, exclusive of the associés, was limited to 144. The

ex

national institute received, however, its final organization by a decree of the 3d Pluviose of the year 11 (January 23, 1803). It was then divided into 4 classes 1. the class of the physical and mathematical sciences, consisting of 65 members; 2. the class of the French language and literature, consisting of 40 members; 3. the class of history and ancient literature, of 40 members; and 4. the class of the fine arts, with 28 members. In the last years of the imperial government, the title of the national institute was changed for that of the imperial institute. The restoration of the Bourbons gave rise to new changes in this learned body, which restored it, in some degree, to its original condition. A royal ordinance of March 21, 1816, first restored the former names of the classes, so that the name of institute was applied only to the whole body collectively. The same ordinance assigned the first rank to the Académie Française, as being the oldest; the next rank to the Académie des Inscriptions et Belles Lettres; the third to the Académie des Sciences; and the last to the Académie des Beaux Arts. These united academies were under the personal direction of the king, and each had an independent organization, and a free exercise of the powers committed to them. To each academy were attached 10 honorary members, who had merely the right of being present at the meetings. Such of the former honorary members and academicians as had returned with the court, became, as a matter of right, honorary members of their respective academies. A list of names, appended to the royal decree, determined the members. The Académie Française is well known to be charged with the composition of a French dictionary. Villemain, the successor of Fontanes, and Cuvier, are the most eloquent members. As every one who has brought a vaudeville on the stage with success, thinks himself entitled to a place among the 40 members of this class, these places afford the most fruitful subjects for squibs and satire. The Académie des Inscriptions et Belles Lettres has lately limited its members to 30. It has always been considered a great mark of distinction to be an associé étranger of this class. The number of corresponding members is unlimited. The most distinguished scholars, both in and out of Europe, are thus connected with the society. Committees of this academy superintend the erection of public monuments, and the preservation and description of those already

in existence. Sacy, Daunou, Caussin, Letronne, Boissonade, were chosen from this academy to continue the Notices et Extraits des Manuscripts, de la Bibl. du Roy. The editing of the Journal des Savans, to which the members of all the academies contribute, devolves principally on this academy. They have the distribution of prizes of considerable value. The Académie des Sciences is divided, as formerly, into the two principal departments of the physical and mathematical sciences, and retains most of its earlier regulations, made in the time of the republic. The number of its associés étrangers is limited to 10. Cuvier is perpetual secretary of the physical branch, Fourier of the mathematical. The two secretaries are not confined to a particular section; they belong to all. The Académie des Beaux Arts has five sections. A committee of this academy is charged with the publication of a dictionary of the fine arts. The annual changes which take place in the academies may be learned from the calendar called Institut Royal de France, published by Firmin Didot, printer to the institute.

INSTITUTIONES. and Civil Law.)

(See Corpus Juris,

INSTRUMENT, in music; any sonorous body, artificially constructed for the production of musical sound. Musical instruments are divided into three kindswind instruments, stringed instruments, and instruments of percussion. Of the stringed instruments among the ancients, the most known are the lyre, psalterium, trigonium, simmicium, epandoron, &c. The principal wind instruments were the tibia, fistula, tuba, cornu, and lituus; those of percussion, the tympanum, cymbalum, crepitaculum, tintinabulum, and crotalum. INSTRUMENTAL MUSIC; music produced by instruments, as contradistinguished from vocal music. The term instrumental is particularly applied to the greater compositions, in which the human voice has no part. The first instrument invented was probably the pipe or flute. An idle shepherd might very naturally, from accident, or in imitation of the effects of the wind, blow through a simple reed, and thus invent the pipe, from which the flute would readily originate. The pipe is, in fact, found among many savages. The invention of stringed instruments, as they are more artificial, is of later origin. The instrumental music of the Greeks was confined to a few instruments, among which the flute, the cithara, the sackbut, though not precisely like those instruments

among the moderns, were the most important. The violin was invented in the middle ages, and soon became the principal instrument, taking place above the flute, though the latter is of much more ancient origin, because the playing on a stringed instrument is less fatiguing, and the tone of the violin is more distinct from the human voice, and, therefore, better fitted to be used with it; besides, the instrument permits much more perfect execution. Until the middle of the last century, the Italian composers used no other instruments in their great pieces, than violins and bass-viols; at that time, however, they began to use the hautboy and the horn; but the flute has never been much esteemed in Italy, particularly in music exclusively instrumental. These were the only wind instruments in Italy, used in instrumental music, until the end of the last century; and even to this day, the Italians use wind instruments much less than the Germans, and particularly the French. Since Mozart, every instrument has been used, which appeared adapted to answer a particular purpose. This is the cause of the fewness of the notes in the Italian, and of their great number in German, and their excess in the modern French scores. In general, symphonies and overtures, solos, duets, terzettos, quartettos, quintettos, &c., sonatas, fantasias, concerts for single instruments,dances, marches, &c., belong to instrumental music.

INSURANCE is a contract, whereby, for a stipulated consideration, called a premium, one party undertakes to indemnify another against certain risks. The party undertaking to make the indemnity is called the insurer or underwriter, and the one to be indemnified, the assured or insured. The instrument, by which the contract is made, is denominated a policy; the events or causes of loss insured against, risks or perils; and the thing insured, the subject or insurable interest. Marine insurance relates to property and risks at sea; insurance of property on shore against fire, is called fire insurance; and the written contracts, in such cases, are often denominated fire policies. Policies on lives are another description of this contract, whereby a party, for a certain premium, agrees to pay a certain sum, if a person, to whose life it relates, shall die within a time specified. These policies, however, usually make an exception of death by suicide. There was a kind of insurance in use, among the Greeks and Romans, called bottomry or respondentia,

which is, where the owner of a vessel or goods, borrows money upon bottomry (q. v.) upon the vessel, or upon respondentia on the goods, for a certain voyage, agreeing, that if the ship or goods arrive at a certain port, the money shall be repaid, and also interest, exceeding the legal rate; but if lost by the risks specified in the bond, before arriving at the port named, the lender is to lose the money loaned. This risk of losing the whole capital, is the cause of the excess of interest allow ed in case of the arrival of the ship or goods; and it is called marine interest, which ought to be equal to the common rate of interest, added to the rate of premium, for insuring the ship or goods for the same voyage against the same risks. This sort of contract was anciently in use, and, as the laws then gave less security, or, at least, as credit and confidence were not so widely diffused, and correspondence was less extensive among merchants, it was usual for the lender to send some person with the property, to receive repayment of the money loaned and the marine interest, at the port where the risk terminated. In modern times, it is not usual to send any person with the property, who would be of no service during the voyage; and, at its termination, some agent of the lender, at the port of arrival, if he is not there himself, looks after his interest. The wide extension of correspondence, among merchants of all parts of the world, in modern times, gives a facility for this purpose, and renders the execution of this, as well as other commercial contracts, more economical, and, at the same time, more secure. But contracts of insurance, strictly so called, are of modern invention; and their importance, in relation to commerce, is scarcely inferior to that of bills of exchange. Every merchant is liable to losses and reverses, by the change of the markets. The risks of this description may, however, be calculated upon with some degree of probability; but those of fire, the perils of the seas, or capture, cannot be so well estimated; and, when they come, they would, in many cases, bring ruin upon the merchant, if it were not for the system of insurance, the object of which is, to apportion the losses from these disasters among all those whose property is exposed to the same hazards. If, for instance, all persons engaged in trading were to enter into a general agreement to contribute for the losses of each other, occasioned by those casualties, in the proportions of the amounts that they should respectively

have at risk, every individual would then only run the risk of the proportion of losses occurring upon the general aggregate of property at risk. But as such a general combination would be complicated, and practically inconvenient, a very simple system is devised, by means of insurance, for effecting the same object; for one person-the underwriter-agrees to take upon himself those risks, for a hundred merchants, more or less, for a certain premium on each risk, calculating that the premiums on the fortunate adventures will compensate him for the losses he may incur on those which are unfortunate, and leave him some surplus, as a compensation for his time and trouble; and a little experience will enable him to calculate the chances with very considerable accuracy. The result accordingly is, that all the persons who procure their property to be insured by him, in effect, mutually contribute for each other's losses, by the bargain of each with the common receiver of the contributions of all. This contract was subjected to a system of definite rules, much earlier in Italy and France than in England; and as the contract is the same in principle, and very similar in form in different countries, the rules of construction adapted to it in one country, are equally applicable in another. The system of rules collected in the French ordinance of the marine in the year 1681, and which had already, in general, become established in France, Italy and the Netherlands, is still in force, and daily applied throughout the commercial world, not only in Europe, but also in America. But it was late before these principles of insurance were intimately incorporated into the law of England. Until the time of lord Mansfield's becoming chiefjustice of the court of king's bench in England, about the middle of the 18th century, the law of insurance was in a very rude state in that country. It was, before that time, the more general practice to make what were called wagering policies, in which one party agreed, for a certain premium, to pay the other a certain sum, in case a particular vessel should not arrive at a certain port of destination, on account of certain perils; without any question being made whether the party insured had any interest in the ship or cargo; so that, in addition to the contracts of insurance against real loss, many contracts of the above sort were made by persons who had no interest whatever in the property to which the contract related. These contracts of insurance, in the case

of persons really interested in the property, were a very imperfect indemnity, since they only extended to the case of a defeat of the voyage; whereas, great damage is often sustained by the ship or cargo, notwithstanding they may both arrive at the port of destination. But, at about the period already mentioned, Magens, a merchant, who had removed from Hamburg to London, published his very elaborate work on insurance, in the latter place, containing all the laws and regulations of the different commercial countries of the continent, on this subject, and presenting its leading doctrines, in relation to partial losses and general averages, and giving a great number of examples of adjustments of losses, of both descriptions. Lord Mansfield, at about the same time, expelled from the administration of this branch of law the narrow, quibbling and technical doctrines with which it had been previously too much infested. The foundation was then laid for that magnificent and truly scientific superstructure of legal principles and practical rules, which has been the work of the joint labors of the English and American jurists, from that period down to the present day. The courts of the U. States have contributed their full share towards the formation of the admirable system by which the commerce of the world is now protected and promoted; and instances might readily be referred to, of discussions and opinions on this subject in the American courts, which, in learned research, liberality of views, scientific principles, and logical precision, will not suffer by a comparison with those of any other country. This contract, considered as one of indemnity, and as such only it ought always to be regarded, and by no means confounded with gambling,-requires, in the first place, a subject; something must be at risk, and the thing so at risk must be described in the contract; and no party can be injured, unless he has an interest in the subject which he is liable to lose, or in respect to which he is liable to suffer by the perils insured against; and the contract must specify against what perils or risks the underwriter undertakes to make indemnity; and the party insured must, at the time of making the contract, state, fairly and honestly, all the material circumstances within his own private knowledge, which may enable the underwriter to form an estimate of the risk. This is peculiarly a contract, in which the assured is bound to fairness and good faith in effecting it, and the un

derwriter to liberal promptness in complying with his stipulation to make indemnity.

INSURRECTION. (See Revolution.) INTAGLIOS; engraved gems. (See Gem Sculpture.)

INTEGRAL. (See Calculus.)
INTEMPERANCE.

(For some facts on this subject, see the article Temperance.)

INTENSENESS is the state of being raised or concentrated to a great degree. A verbum intensivum, in grammar, is a verb which expresses increased force; as, facesso, I do earnestly, from facio, I do ; petisso, I seek earnestly, from peto, I seek. The German betteln, to beg alms, may, perhaps, be considered as the intensive form of bitten, to ask, unless it be considered to denote properly a repetition of the act of asking, in which case it will belong to the class of verba frequentativa, such as factito, I do repeatedly; lectito, I read often.

INTERDICT; an ecclesiastical censure in the Catholic church, the effect of which, taken in its most extended sense, is, that no kind of divine service is celebrated in the place or country under the sentence; the sacraments are not administered, the dead not buried with the rites of the church. This interdict is called real or local, whilst the personal interdict regards only one or more persons. We shall here speak of the former. Even Catholic writers admit that the interdict has been often abused for interested purposes, and has produced licentiousness in the countries and provinces subjected to it, by depriving them of religious service for a length of time. (See the (Catholic) Dictionnaire de Théologie, Toulouse, 1817, article Interdict.) And no one, acquainted with history, can deny that interdicts have been productive of rebellion and all kinds of disorder; they served, however, in the barbarous age of modern Europe, as a check against the power of the monarchs. It is a mistake to suppose that Gregory VII (q. v.) was the inventor of this mighty engine of ecclesiastical power. It can be proved to have existed before his time; but it is true that he used it oftener and more powerfully than any of his predecessors. The 11th century was preeminently the century of interdicts. Adrian IV laid Rome itself under an interdict, for the purpose of compelling the senators to expel Arnold of Brescia and his followers. Innocent III laid France under an interdict in 1200, and England in 1208. (See Philip Augustus, John, and Innocent.) Popes or