haired, red-haired, or flaxen-haired people; 2. That the English are a fair-haired, red-haired, or flaxenhaired people. I proceeded to demolish both these assumptions. The defendant has done the same. As to the second assumption, I proceeded to give the results of my personal examination of 4848 heads in London, and proceeded further to show from the population abstracts that London might be considered a fair representative of the whole of England-that it is peopled not exclusively by Londoners, but by natives of all parts of the country. I find,' the plaintiff says, 'in the defendant's book a similar statement of identical results of personal investigation, and, what is very extraordinary, I find that though the defendant's results are given as arrived at both in London and the North of England, 6000 in the one, and 5000 in the other, he, too, proceeds to show, and to show from the population abstracts, that the population of London is drawn from all parts of the island.

"I proceeded,' the plaintiff says, 'to ascertain what was said by ancient authors, and with what qualifications these statements were to be received as to the hair, color, eyes, and complexion of the ancient inhabitants of these islands, the Gauls and the ancient Germans. The defendant has referred to the same descriptions, and made the same qualifications. For example, I pointed out that when Tacitus and other writers asserted that all the Germans had blue eyes and rutile coma, it was to be noted that the Greeks and Romans were generally dark-haired, and may have regarded fair hair as a rare and great beauty, and may have been struck by a proportion of light hair greatly in excess of that which they found among themselves. Again, having premised that the passages in which the Gauls or Celts are described have been carefully collected by Prichard, I made a comment on the passage quoted by Prichard from Livy, that the expression was rutilata come,' and not rutile coma-reddened,' not 'red.' Having come to the conclusion that the Gauls were in the habit of dyeing their hair of a lighter hue, I made a passing reference to the alleged custom, now prevalent in France and England, of dyeing the hair red. The defendant has made the same fashion the subject of a rhetorical paragraph. His Honor, after mentioning other charges made by the plaintiff against the defendant of having adopted his results without independent investigation, especially in reference to the argument derived from a comparison of skulls, proceeded as

follows:

"These are some, and some only, of the points to which the plaintiff's counsel has drawn my attention. I have read both the books carefully in the parts complained of, and if the matter rested on a comparison of the two works I could have no doubt whatever that the defendant's work was in these parts a palpable crib from the plaintiff's, transposed, altered, and added to-to use the words of Lord Strangford's award, 'essentially, indeed typically, second-hand, run off easily from the pen of a well-trained writer'-a writer, I would add, skilful in appropriating the labors of another, and in disguising, by literary artifices, the appropriation. But the defendant has pledged his oath to this, that his work is an independent work, written substantially before he had seen the plaintiff's work, and that the resemblances are due to the nature of the subject to the object, which was common to both, of establishing for the ancient British a large share in the production of the great British nation of the present day-to the obvious nature of the topics which such an object would suggest to any persons who had followed the course of modern historical criticism and of ethnological

and anthropological research and speculation, and the like obviousness of the authorities which such persons would refer to and quote. His answer contains the following passage: 'I say that the MS. from which my said book was printed, with the exception of Appendices A, B, and C, which I afterwards inserted at the suggestion of Prof. Max Müller, and of the index and of some additional sentences and notes principally suggested by Prof. Max Müller and Dr. Rowland Williams, is verbatim the same MS. as that which I submitted for competition at the Eisteddfod in 1866, some months before I had ever seen or heard of the publication of the plaintiff's work,' etc. The defendant has been examined and cross-examined before me at considerable length. He adheres to his statement in the answer, with one most notable exception. He now states that the whole chapter about Gildas was written, or as he calls it, rewritten, after he had seen the plaintiff's book, and after the MS. had been submitted to Prof. Max Müller and Dr. Rowland Williams, and he, not an illiterate man, but an author accustomed to test the weight of historic texts, can give no further explanation of the deliberate and emphatic statement in paragraph 18 (the passage quoted from the answer) than that it is stronger than his instructions to his solicitor went. It has been pressed on me that I cannot decide against the positive oath of the defendant without convicting him of wilful and corrupt perjury. I have had occasion more than once to say that this is not a criminal court; that I am trying no one for any crime; I am here bound by my own judicial oath to well and truly try the issue joined between the parties, and a true verdict give according to the evidence-that is to say, according as I, weighing all the evidence by all the lights I can get, and as best I may, find the testimony credible or incredible, trustworthy or the reverse. The law which admitted the testimony of the parties and of interested persons was passed in full reliance on the judges and on juries that they would carefully scrutinize such testimony, and would give it such weight as it deserved and no more, or no weight at all. Is the result of the defendant's examination or cross-examination such as to enable me to place reliance on his story? To begin with: I have read carefully through the whole of the notes marked A and B, which were the materials for his first essay, and I am satisfied that he had not at the time he wrote them the remotest idea of that which is now found in the parts of his book complained of. Το the authors of A and B the common school histories of England were genuine history. Hengist and Horsa, Vortimer and Vortigern were historic persons; there is no trace whatever of the sceptical criticism which will have it that the whole of that history, fit only for the nursery, is to be carried back to Gildas only, and that Gildas, if not himself a mythical or shadowy personage, is a historic witness wholly untrustworthy. Indeed the author was so little versed in the subject that he talks of Gildas copying Bede, and putting in darker colors. There is no trace whatever in these notes of the examination of the ancient authorities as to hair and complexion of Britons, Gauls, and Germans, and of the numbering of the colors and shades of hair of the present people of the country. There is no trace whatever in these notes of the examination of the evidence afforded by ancient skulls, and of the comparison between that evidence and the results of a careful examination of the existing types of modern heads, English and German. The plaintiff says, 'If you did not take all this from my book, tell me where you took it from? Where are the materials from which you elaborated it?'

The defendant is unable to say when or where he gathered the materials, or when or where, indeed, he wrote any part of his present essay. The collection of materials for a genuine literary work is a thing of time and labor. You can not walk by instinct to the proper shelf of a library, take down the right book, open it at the right page, and hit on the right passage, and just the book, the page, and the passage which somebody else has found before you. The defendant has not a single rough note to produce, no trace of his quarrying the British Museum, or any other like quarry, from which the stones of his literary edifice were to be built up."

His Honor then referred to defendant's diary from February, 1866, up to July 2, when the prize essay was sent in, and observed: "It is certainly very singular that an author should not be able to give a single place or time, when or where, he consulted a high authority, and that he should not be able to produce a single original note, extract, or quotation. Then there were some special matters on which he was especially pressed: 'You have quoted Retzius; where did you find him?' 'I cannot say.' 'You have quoted Georges Pouchet (Pluralité des Races Humaines, Paris, 8vo., 1864); where did you find him?' 'I cannot say.' It is to be observed that these books are not in the British Museum. Again, he was asked about the public meetings, at which it is stated in the book that 10,000 complexions had been marked for the purposes of this essay, with the detailed figures of the results obtained. Can you produce the times and places of these meetings?' He is again unable to fix time and place. I have been, therefore, obliged to arrive at the conclusion that the account which the defendant has given of his composition of his work in the matters complained of, is not probable, is not credible, is not trustworthy; and the result of his answer, his examination, and his cross-examination, on my mind, so far from displacing, has confirmed the conclusion produced by the internal evidence and comparison of the two works. This conclusion, however, is not sufficient to dispose of the case. Plagiarism does not necessarily amount to a legal invasion of copyright. A man publishing a work gives it to the world, and, so far as it adds to the world's knowledge, adds to the materials which any other author has a right to use, and may even be bound not to neglect. The question, then, is between a legitimate and a piratical use of an author's work. In considering this, I have not been unmindful of the small comparative extent of literary composition which is traceable from the one to the other. I have not been unmindful that there was some not immaterial exercise of literary labor and skill in the transfusion and transposition which I have held to have been made, and I have endeavored to guard myself against any prejudices derived from my hostile conclusions against the defendant which I have stated. I have considered it as if the defendant had openly borrowed from the plaintiff's book, and had candidly acknowledged the source. And I think there is a good deal which he might have done, so doing it. There is no monopoly in the main theory of the plaintiff, or in the theories and speculations by which he has supported it, nor even in the use of the published results of his own observations. But the plaintiff has a right to this: that no one is to be permitted, whether with or without acknowledgment, to take a material and substantial portion of his work, of his argument, his illustrations, his authorities, for the purpose of making or improving a rival publication. That the part taken in this case is material and is substantial there is no better proof than the defendant's own cir

cular inviting subscriptions. The plaintiff, therefore, has in my judgment made out his case, and he is entitled to an injunction to restrain the publication of the book in its present state, or of any book containing the 7th section of chapter 1 of part 3, or section 1 of chapter 5 of part 3, and an order for the cancellation of those parts. He is entitled to his costs of the suit, and to an account and payment of his damages. I stated at the outset that my view of the damages in cases of literary piracy is that the defendant is to account for every copy of his book sold as if it had been a copy of the plaintiff's, and to pay the plaintiff the profit which he would have received from the sale of so many additional copies, and I adhere to that mode of assessment."

...

The Chan

The Inns of Court have determined to appoint a lecturer on Hindu and Mahommedan law, and the various systems of law in force in British India. . . Earl Stanhope has presented a first Earl portrait of the first Earl of Chatham, Earl Craven of the first Earl of Craven, and Mrs. C. H. Smith of Sir Henry Bishop to the National Portrait Gallery. The trustees have purchased, during the last twelve months, a marble bust of Canning, by Chantrey a portrait of Dean Swift by Jervis, of George Villers second Duke of Buckingham, and of Anne Brudenell, Countess of Shrewsbury, by Sir Peter Lely, and of Earl Cornwallis by Gainsborough. cellor of the University of London (Lord Granville) stated the other day at the presentation for degrees in that seat of learning that Dr. Arnott had given $25,000 or $30,000 out of the proceeds of his "Elements of Physics" for the encouragement of his favorite studies. . . . The gilded bronze effigy and shields of the beautiful tomb of Margaret, Countess of Richmond, mother of King Henry VII., have been scrubbed, and now look as bright as when they were first placed there. Other tombs in Westminster Abbey are to be subjected to the same treatment. Many American readers will be gratified to hear the money article of the Philadelphia "Ledger" is now constantly quoted in the money article of the "London Times"-a well-deserved tribute of respect to an able American financial writer.... At the 60th annual meeting of the Home Missionary Society, it was stated that during the last seven years 1,500,000 tracts had been distributed, 20,000 copies of the Scriptures sold, 150,000 monthly denominational periodicals, and 800,000 copies of the "British Workman," the "Cottager," and the " Band of Hope Review" had been sold. . . The will of Prosunno Coomar Tagore, who some time since left $6000 a year to establish a University Chair of Jurisprudence and Law at Madras, has been sustained by the Courts, and the Chair is to be established. . . . The admirers of Dr. Wilson, the great missionary and Orientalist, have made him the tenant for life of a fund whose fee is to be used at his death to establish a University Chair of Comparative Philology in Bombay. . . . The copyright, right of continuation of "Once a Week," and copyright in 1500 wood-blocks used to illustrate this periodical, are to be sold by auction on the 15th of June.... Mr. Samuel Kydd now acknowledges that he is the author of the "History of the Factory Movement," which appeared under the pseudonym "Alfred.". Mr. J. Bass Mullinger, of St. John's College, Cambridge, is said to be on the eve of undertaking a History of the University of Cambridge. As soon as the new examination schools which are to be built on the site of the old Angel Inn are completed, the whole ground floor of the Bodleian building will be occupied by the library, which is greatly oramped for want of room. . I find this advertisement in the papers: "Ann Hathaway's Cottage

...

and Gardens. The possessor of this most interesting property is now open to an offer for the purchase of the same. Address Mr. William Thompson, 5 Chesnut-walk, Stratford-upon-Avon."... Here is another advertisement, which must give particular satisfaction to the purchasers of the book in question: "To the possessors of Dean Alford's revised version of the New Testament. You are requested to supply an unfortunate omission in the printing, by inserting at 2 Cor. xii. 18, after of you?' the words 'walked we not in the same spirit?' Deanery, Canterbury, May 24, 1869." . . A monument has been placed over Lord Brougham's grave by his family. It is a plain cross of granite some 20 or 30 feet high, bearing this inscription :—

HENRICVS BROVGHAM, NATVS MDCCLXXVIII., DECESSIT MDCCCLXVIII.

He sleeps in Cannes (France) cemetery. Complaint is made that the article on "The Sacred City of the Hindus," which appeared in the May No. of Harper's "New Monthly Magazine," was culled without acknowledgment from Mr. Sherring's recently published work on the sacred city of Benares (Trubner & Co.) . . . Mr. H. Montagu Butler collected and presented to the Harrow School Library a complete collection of the "Prolusiones" from 1820 to date; he is now endeavoring to collect an unbroken series of the "Contio" or Latin speech delivered annually before the Governors by the head of the school. Although the custom of the Latin speech is at least as old as 1770, scarcely any copies were preserved before 1826, when the Contio was printed for the first time.

I am gratified to record the safe arrival in this country of James T. Fields, Esq. and wife. His numerous friends are delighted to see that the nine years which have passed away since they last saw him have left no perceptible trace of their flight upon him. He is, I believe, now at Gads-hill, on a visit to Mr. Dickens. An avalanche of invitations

has been falling on him since he reached London. FRANCIS BLAndford.

OUR CONTINENTAL CORRESPONDENCE.
PARIS, February 25, 1869.

We have had an extremely interesting annual public meeting of the Academy of Moral and Political Sciences. Valuable prizes were awarded to M. Ollé Laprune for his essay on Malebranche's Philosophy; to M. Abel Desjardins for his Essay on the moralists of the sixteenth century; to M. Deroisin for his work on Philippe le Bel; and to M. Fouillée for his treatise on Socrates considered as a Metaphysician. Unusual interest attached to this last prize; it was the first prize distributed of the foundation established by M. Victor Cousin, and the subject was proposed by him. Moreover, M. Mignet read a panegyric on M. Cousin, which was listened to with great attention. Everybody knew these gentlemen had been intimate above forty years, and that M. Cousin gave his late thoughts to his friend, making him heir of the moiety of his estate. I have so often analyzed, in these columns, tributes to M. Cousin's memory, that I am at some loss to pick out from this last eulogy anything which may be considered new. Excuse me if I sometimes stumble into repetition :

"Victor Cousin was born in Paris the 28th of November, 1792, in the heart of the old cité. His father, a jeweller in the Marché Neuf, not far from Notre Dame, was an ardent, but very inoffensive republican. M. Cousin owed to him the precocious attachment he bore all his life to the principles of the French Revolution. He himself has said: 'I was born with the French Revolution. The moment

my eyes were opened, I saw its flag float alternately sombre and glorious. I learned to read in its songs. Its festivals were those of my childhood. When I was ten years old, I knew its heroes' names. I still hear in the Champ de Mars and in the Place de Vendôme the funeral panegyrics of Marceau, Hoche, Kleber, and Dessaix. I witnessed the First Consul's reviews. I still see that great pale, melancholy face, so different from the imperial face, especially when I last saw it on the terrace of the Elysée at the end of the Hundred Days. My patriotic instinct did not allow itself to be surprised one single instant by the éclat of a military dictatorship which I did not understand-I have never understood. I have never loved any other than the conquests of liberty.' As soon as the University was reconstituted in the early part of the Empire, his parents sent him to Charlemagne College, where he pursued his classical studies. Gifted with a rare intellect, which was animated by a lively imagination, and served by the happiest memory, he took pleasure in learning; he thought at an age when most children still play; he reflected to amuse himself, and took delight in talking; and even then revealed the future master in the domineering school-boy. Invited to dinner in August, 1808, as one of the prizemen of the fourth form of Charlemagne College in the General Examination, of which an old friend of Mirabeau, the Prefect of the Seine, M. Frochot, was chairman, he met at the Hôtel de Ville another prizeman of the same form in Napoleon College, M. Patin, whom he was subsequently to meet at the Ecole Normale, at the Sorbonne, at the Journal des Savans, in the French Academy. The two prizemen, attracted towards each other by that precocity of intellect and taste which so often summoned them to be colleagues, talked long together. In this conversation, in which he even then threw that which made him a most prolific and brilliant talker all the rest of his life, the Charlemagne College prizeman astonished the prizeman of Napoleon College. M. Patin says: 'I still see the fire of his eye, the singular vivacity of his conversation, and that character of superiority which, even more than his college successes, already separated him from his school-mates.' He henceforth showed this character of superiority everywhere. Having risen from the third form in rhetoric without passing through the second, he carried off all the prizes, so to say, at the general examination in 1810. He had the prize of honor, the first prize for French prose, the first prize for Latin prose, and he would have had the first prize for Latin verse had he not, in admiration for the tender and learned friend of Abelard, admiration deemed too precocious, evoked the memory of Heloise, destined, as has well been said in this hall, to prove unfortunate to philosophers. Over-scrupulous judges discarded as indecorous the piece of poetry which they should have rewarded as a very literary effort. This great and unusual success attracted attention to the brilliant Victor. The Minister of the Interior offered him an auditor's place in the Council of State. M. Cousin, feeling little zeal for the Empire, preferred to enter the Ecole Normale. He was destined to teach literature, when he was hurried by his tastes to teach philosophy. The epoch, nevertheless, was not very propitious. Napoleon, who then governed France and still domineered over Europe, had little respect, and still less love for, philosophy. He desired to think for everybody and to act alone. A philosopher as amiable as ingenious, the judicious and acute reformner of Condillac's doctrine, M. Laromiguière, taught philosophy to the pupils of the Ecole Normale. As soon as M. Cousin heard him, he was fascinated. From M.