section of the existing law against forgery; and the penitentiary not less than ten nor more than then offer such a substitute for it, as we suppose twenty years. to accord with the plan of the Revisors: [From 1. Revised Code, 578, §1.] [87 words.] [From 1. Revised Code, 579, §2.] In a preceding paragraph we adverted to a section containing 196 words, which aims to punish the forgBe it enacted by the General Assembly, That, if ing of certain seals, but (like A. the archer) misses any free person shall falsely make, forge, counter- its aim, and punishes only the forging of any infeit, or alter, or cause or procure to be made, forged, strument for counterfeiting those seals. We will counterfeited or altered, or willingly act or assist now copy that section: and the reader is desired to in falsely making, forging, counterfeiting, or altering any coin, current within this commonwealth, see if we misrepresent its import? And should he whether made current by law or by usage; or any differ from our opinion, still, is it not plausible enough note or bill of the bank of Virginia, or the Farm- to raise a contest in a court; perhaps to delay a ers' Bank of Virginia, or any other bank which trial for a year; and by delay, to produce a criminow is, or hereafter may be chartered in Virginia; nal's acquittal ? or any note or bill of the Bank of the United States; er any other bank which now is or hereafter may be chartered by the government of the United States, or by the government of any state, terri- If any free person shall falsely make, forge or tory, or district thereof; or shall falsely make or counterfeit, or procure to be falsely made, forged, cause or procure to be made, or willingly act or as- or counterfeited, or willingly act or assist in falsely sist in falsely making any base coin; or any note making, forging, or counterfeiting, or keep or conpurporting to be the note of a banking company, ceal, or aid in keeping or concealing any instruwhen there is no such banking company in exis- ment, for the purpose of falsely making, forging, tence; with intention to defraud or injure any per- or counterfeiting, the seal of the President, Direcson or persons, body politic or corporate; or shall, tors and company of the Bank of Virginia, or with the like intent, pass or tender, or offer to pass Farmers' Bank of Virginia, or of any other charor exchange, or cause or procure to be offered, to tered Banking company, which now is or herebe passed or exchanged, any such false, forged, after may be in Virginia; or the official seal of counterfeited, base or altered coin, bill, or note, the Register of the Land Office; or the seal of knowing the same to be false, forged, counterfeited, any other public office, or body politic, or corbase or altered; every such person shall be deemed porate, in this commonwealth; such person shall guilty of felony; and, on being thereof lawfully be deemed guilty of felony; and, on being lawconvicted, shall be punished by confinement in the fully guilty of any such offence, in relation to the public jail and penitentiary, for not less than ten seal of any banking company aforesaid, shall be nor more than twenty years. punished by confinement in the public jail and penitentiary, for not less than five nor more than fifteen years; and, on being lawfully convicted of any such offence, in relation to any other seal aforesaid, shall be punished by confinement in the public jail and penitentiary, for not less than one nor more than ten years. [270 words.] Let us see some of the redundancies of this section, under the proposed reformation of the law. The offence needs not be declared felony, since all offences punishable by the penitentiary, are to be felonies. The words falsely make, counterfeit, &c., may all be expressed by the one word forge, according to our sixth definition. Causing, procuring, aiding, &c., are made needless by the fourth definition, which includes them in the principal offence. Other superfluities will appear from the subjoined draught-which, by the by, is more comprehensive than the above one, since it would embrace a Canadian, or English bank note, as well as unchartered bank notes, while the above section would not though either might be current in Virginia. And now for the Substitute Section. And now we ask the reader if the aim of this section is not more indubitably, and more intelligibly accomplished in 94 words, by the following Substitute. Any free person who shall forge the seal of any chartered banking company in Virginia, or the official seal of any public officer, or body politic or corporate, in this commonwealth; or forge, keep, or conceal any instrument for the purpose of forg ing any such seal; shall, for so doing as to the seal of such banking company, be confined in the penitentiary not less than five nor more than fifteen years, and for so doing as to any other seal aforesaid, be so confined not less than three nor more than ten years. We cannot consent to tire the reader with any Any free person who shall forge any coin cur- further copies from the Revised Code. It abounds, rent in Virginia, or a note of any Bank, within or and the later laws abound still more, with sections without the State, whether chartered or not; or as verbose as either of the two that we have quoted. any note purporting to be the note of a Bank or The whole chapter on Hog-stealing is a curiosity banking company, though such bank or company do not, or never did exist; or shall, with fraudulent in that respect: so is that on Horse-stealing :† so intent, pass or offer to pass any such forged coin or note, knowing it to be forged; shall be confined in * 1 R. C., 572, &c. is an act of 1834, designed to fix the county where | engaged in writing a work of twelve pages, which the unlawful remover of a slave may be tried: so should contain all that was known in metaphysics, is an act passed six or eight years ago, empower-politics, and moral science. Let not us be thought ing an administrator de bonis non to receive assets liable to that sneer; nor to Horace's hit at him who, from a former representative; so, indeed, are en- laboring to be brief, becomes obscure. No chimera actments enough to tire our own patience (much of conciseness, no obscurity, is attributable to any more the reader's) with the bare mention of them. | phraseology that we would adopt in legislation. The last mentioned two (that of 1834, and that of We are only for making laws speak common sense, six or eight years since)—especially the last one-in words that fit it-language such as Franklin can hardly be understood at all. used, and such as the most momentous precepts of The fourth section of the law against forgeries the Bible are couched in. The departures of our contains 300 words, specifying about thirty-six law-makers from that mode of speech, have often sorts of writing, the forgery of which it makes made us sweat with perplexity about their meanpunishable and closes the list with the words "or ing; not only at the bar, when adversaries were other writing, to the prejudice of another's right. " | contesting the interpretation, but in office-hours, We believe, as we said before, that this closing when all we wanted was to understand the duties phrase is descriptive of every one of the thirty-six imposed upon us by statutes. In every such inAnd if so, then by using it alone, and keep- stance, and in well nigh every imaginable instance, ing our definitions in view, the whole effect of the to shorten would be to make plain. The obscurity present section and more, may be accomplished by almost always comes from a needless multiplicaone containing only 59 words: tion of words; from a swing and swell of language, which many think essential to legislative dignity, but which is in fact one of the most wretched quackeries. sorts. [Substitute for $4, 1 R. C. 789.] Any free person who shall forge, alter, or erase any writing, to the prejudice of another's right; or, with fraudulent intent, utter or pass, or offer to pass as genuine or true, any writing so forged, altered, or erased, knowing it to be such, shall be confined in the penitentiary not less than one nor more than ten years. The auspices under which the present revisal comes forth, the eminent names connected with it, and the portentous length of travail that has attended its birth-not to mention the commonsense tendencies of this age-warrant the public We venture to say, that taking into considera-in expecting at least brevity enough to insure lation the superior comprehensiveness of this sub-cidness. Even to learn the cost of printing is stitute, the greater simplicity which the indictment something; it is much more, to present magistrates, would admit of, and the greater ease of proof,-a forger would find it twice as hard to shuffle off the coil of justice, as under the three-hundred-word section. One more sample of the period-pruning which the venerable Virginia Code requires, and we shall close. We refer to the first section of the chapter on horse-stealing. † This section contains 157 words. In it the graceful catalogue, “ horse, mare or gelding, foal or filly," occurs three times. It is hoped no reader will deny himself the amusement of turning thither, and examining its other beauties. He may then judge of the following Substitute. Any person stealing a horse, or being accessary thereto before the fact, shall, if free, restore the horse to the owner or pay him the value thereof, and be confined in the penitentiary not less than five, nor more than ten years; or, if a slave, shall suffer death. [49 words.] In the sportive preface to one of Montesquieu's little novels (for he wrote two or three) he utters a gibe against the affectation of excessive brevity, by gravely saying, that he had been thirty years * 1 R. C. 579, 580. + Id. 575. and people, as well as lawyers, with a body of reading which may not, by its bulk, frighten or confuse them. Any man will read a section of three or four lines much more willingly than a section of twenty; and perceive its meaning much more easily. The chapter of definitions is an indispensable preliminary to any great condensation. THAT is the grand clarifier and abbreviator. Next, it is important to find "masterly" generalities of expression, to be used whenever the law-composer feels tempted into detailed specification. Finally, let him watch constantly for the briefest, but al ways for satisfactory, sets of words; never using two, where one will express his meaning. If he will practise on these three maxims, and is clearheaded, sagacious, of good judgment, and acquainted with the world, he cannot fail to earn his country's lasting gratitude. Note. Since the foregoing article was placed in the printer's hands, a friend in the Legislature has furnished us a printed copy of the Bill now be fore that body, for amending the Criminal Law. Its brevity, and consequent clearness, in some sec *12 or 14 years. But Messrs. Patton and Robinson have had the work in hand scarcely two years. We hope they will take one more, at least. rest! tions, exceed even our own previous conceptions; 'Mid the adoring Seraphim with the redeem'd and blestthough in others, we humbly submit, the old meth-In the sweet Sabbath valleys of Heav'n thou tak'st thy od of particularization prevails too much for instance, in Chap. IV., §17, about stealing bank notes, &c. Say, in a short section, that all writings for the payment of money, choses in action, and other papers or writings of value, shall be deemed goods and chattels: then larceny would attach to them of course. In the section about forging seals, (chap. V., §2.) the draughts-man has fallen into the same mistake with the 1 R. C. 579, §2; in making the stress of punishment fall upon the forging of an INSTRUMENT for the purpose of forging court seals, when he designs to punish chiefly the forging of the SEALS themselves. Why not alter the arrangement, so as to say "Any free person who shall forge the seal of any court, or the official seal of any public officer, or body politic, or corporate in this commonwealth; or make, or keep, or conceal any instrument for the purpose of forging such seal; shall be confined," &c. About this there could be no question-no cavil. JANE TAYLOE WORTHINGTON. BY ELIZABETH J. EAMES. Thy form has never met mine eye Yet few can feel as I do now To know thee in thy shroud! M. Mrs. Embury. And so the genius-gifted pass, they are going one by one, dead; In the early prime of womanhood, she changed the Laurelwreath, Now bearing on her marble brow-the Cypress crown of Death! Of all the Muse's children, thou wert the fairest one, fall Too truly did thy verse foretell the darkness, and the pall! Ah, me! thy lip and ear are seal'd, thine eye is clos'd and dim, Farewell, prophetic child of song-Woman, and Poet true. And my heart grieves, lamented one, as for a valued friend. January, 1818. JOHN CARPER, THE HUNTER OF LOST RIVER. CHAPTER III. The character of my hero has been gathered perhaps, by the reader, from his own lips in the preceding chapters. He was a brave, true-hearted, intelligent man, with much earnestness and simplicity of nature. In physical qualities he was a noble specimen of the best class of frontiersmen. He stood six feet two inches in his moccasins, was "as strong as a bear, and as long-winded as a wolf" or, if not quite all this, yet near enough to it to give a color of justification to the rhodomontade of the hunters, his companions, who were in the habit of saying so much of him. It is very certain that a better man for the work before hima more gallant, patient, trust-worthy hunter-never set heart and foot upon an Indian trail. The mouth of the mountain hollow, which the Thy harp is hush'd and never more to soft religious hymn-hesitate for a moment, but with his rifle on his above. outstripped the ordinary gait of Joshua Blake's ried to the brook, reached it, turned to the left, and dun gelding. If he cast his eyes to the stony path traced it upward. He presently came to a deer under his feet, it was rather to assure his footing path deeply worn into the banks, and here, to his than to look for signs, which he well knew no eye great satisfaction, found numerous foot-marks. No could detect on such a way. It was evident that care had been taken to conceal them. There were here, in these first stages of his undertaking, he many moccasin prints, and in one place the toerelied solely on his dog. This was especially ap-marks of a naked foot-doubtless that of the boy parent on his approach to a spot where the ravine Tobe. Amongst the rest were shoe-prints. Carforked. From this point a pass led away south of per recognized, in the small straight track, with the west, and was walled in by mountains until it open-deep indentation made by the high narrow heel, the ed, after a tortuous course, into the smoother foot-mark of his dear Quakeress, and for a moment country which edges the valley of the South Branch there was a blinding moisture in his eyes, and an of the Potomac. If the Indians had taken this left uncertain motion of the hand that traced the dainty hand pass, they would probably cross the South outline. It was not the slight pressure of a kid Branch above Morefield. The other pass, start- slipper that gave token of Nelly Blake's recent ing from the point of divergence, was most direct presence, but a sharp-cut print with quite a filiof the two, and led into the valley beyond in a gree of small indentations near the edges, and course very little north of west. But there was a around the curve of the heel, made by the tacks distance of many miles between the western out-of an honest mountain shoe. It was well shaped, lets of the passes, occasioned by the southward in- however, both slim and small, and did not belie the clination of the one on the left, and the after course country-side opinion which gave the poor girl credit of the Indians depended greatly upon the selection for possessing the prettiest foot in the Lost River of courses made at the fork. Carper held back settlements. There was little in the marks to and left his dog to make a choice for him. Sharp-show how long they had been made, but Carper, nose, after going a little way up each hollow, wag-on close inspection found in one of them farthest ged his tail, looked to his master, and resumed his from the water some beads of white frost." On, trot up the northern one. The hunter turned to Sharpnose," he said, clearing the brook at a bound, the right, and resumed his long swinging walk as "the tracks were made before day-break. We are if entirely satisfied with the dog's decision. His seven long hours behind." On the low spouty path soon became exceedingly rough; the sagacity ground beyond the brook, Sharpnose justified his of the deer, who had principally made it, led them name, and carried the trail with the certainty, but across knolls to avoid curves of the ravine, and none of the clamor, of a fox-hound. A little farthese knolls were heaps of sharp sand-stones, with ther on began the alluvial bottom lands, and here scarcely soil enough to nourish a dog-wood or lau- abundant signs were to be readily caught by the rel. Here and there on these knolls, a pine thrown untiring hunter. The passage of the Indians had headlong by the winds, from the higher mountain left a visible enough wake in the high weeds which side, lay in the way with its bush and turned the this soil, as fertile as any in the world, throws up sharp stony path down some steep and critical sur- like a thicket of canes. After breaking through face. In the bottom of the hollow itself, Carper's this rank growth, Carper came upon the bank of road was often a mere succession of stepping- the South Branch. stones with pits, worn by flowing water, between them. Altogether this most direct course to the valley of the South Branch was wholly impassable to horsemen. To the true hunter, who now there were others which turned to the right, and trod it, the way was as easy as a shorn meadow kept the bank. Sharpnose, after following the in summer, and he held upon it with uniform speed. first tracks until they were lost in the water, came It was, however, several hours before he emerged back and took the bank trail. Nelly's shoes had from the mountains, and found himself upon a range left no mark to show which course she had been of broad hilly barrens, covered with crab grass, made to take. "They have lifted her into their and looking very much like deserted fields. Sharp- arms," thought Carper, "and as she is rather too nose had followed the trail of the Indians through plump to be carried where there is no occasion for the confined passes, into which the sun at that it, they have, no doubt, taken her up to carry her early hour only half penetrated, but lost it on these across the Branch. It is a civility of Girty'sbreezy hills. Carper surveyed the country before very obliging in him!" Calling his dog from the him with a quick eye. Three or four hundred trail along the bank, he at once entered the river. yards below, a little brook drew its line of running The stream he found languid and shallow, and with briars and thorn-bushes, in a zig-zag, about the some difficulty in dragging through the mud on the foot of the up-grounds. "The trail will show other side, he shortly gained firm footing on the there," he said to himself. "Nose up, dog-no opposite bank. Here it seemed that a first attempt time to be lost"-and bearing to the right, he hur- had been made by the Indians to hide their trail. Here he assured himself that Indian party had not directly Some tracks, the boy Tobe's directly to the water's edge, but all, at least, of the No foot-marks were visible in the muddy bank seized and dragged through the hand of a person which the hunter had gained, but in looking up and sustaining himself by them in falling. Satisfied down stream, he saw about two hundred yards with these signs, which tended in the direction of above him, a flat rock which shelved into the water. the high pine-marked gap, he descended to the The shore everywhere else within view was of river bank, where the ground permitted swifter soft and yielding soil, without turf, and indeed with-travelling, and hurried on up stream. In a short out vegetation of any kind except a few clumps of time he drew near the pines. On the nearer edge papaws. His woodcraft led him at once to this of them a wild gobler with splendid plumage was rock, and he presently detected some blotches, such strutting in a circle about a clump of dogwoods, in as might be made by feet covered with wet buck-amongst which two or three of his meek and shabskin, upon its surface. The sun, by this time near- bier looking wives were patiently scratching for ing noon, had dried these away to a faint dull stain, their food. Sharpnose bounced in among the wild but to Carper's quick eye, they were distinct enough. family and drove them clucking into the pines. He From this rock the onward path was matter of more made several joyous efforts to storm their perches, uncertainty than altogether suited his hasty humor. and might under other circumstances have changSharpnose could make nothing of so old a trail in ed his obstreperous attempts into a blockade; but so sunny an exposure, and the hunter was thrown his master presently brought him to his graver duentirely upon his own resources. The Indians had ties, and after a little perplexed nosing and snuffing not followed the bank either up stream or down. of the mingled scents, all lying well in so shady a There were no signs in the papaw leaves and mud spot, he found the human trail. The hunter's first deposite, which would have retained foot-marks as anxiety now was to ascertain if Nelly Blake was distinetly as soft potter's clay. Directly from the with this division of the Indian party. Getting upon rock, which quite cut in two this low muddy shelf his hands and knees, and prying amongst the tassels of shore, a mountain rose very abruptly, with a with which the dark boughs above him had covered face of grey sandstone, dotted with starved shrubs. the ground-prunings of their mountain wingsCarper's eye scanned this rough ridge, and he saw, he searched long and earnestly. Near a log which and recognized on its top half a mile off, south- the trail had crossed, and a little to one side of the ward, a spot where, sunk between two rocky knobs confused marks of the party, the eyes of the hunter, looking like cupolas, a patch of tall pines rested brought to within a few inches of the ground dislike the shadow of a cloud. Large pines spring- tinguished a slightly curved line in the mat of pine ing in this way on the spine of a mountain, gener- leaves. It was indistinct, but it was so because ally denote a depression, for it is by the accumula- the pressure had not been great enough to stamp tion of soil from higher surrounding points that deeply, and destroy the elasticity of the leaves, not such islands of great timber are nourished and because the outline of the substance making it had grown. Between these knobs, at this patch of been blunt or yielding. Some of the pine tassels, pines, was in fact so considerable a depression as in the line, had been cut in two; so Carper assured to have gained the name of gap-without being at himself by ascertaining that they were too damp all, however, the easy pass which a heavy-footed to break. "It was Nelly's shoe," he said to himlowlander would imagine from the name. Unless self as he rose; "she sprung from that foot in the Indians had chosen to climb the rugged steep crossing the log, and had the heel up when the sole of a mountain several hundred feet high--dragging cut the line. Thank God her little instep had a spring their female captive with them-they must have left in it." He examined the opposite side of the passed the ridge at this gap. There was, to be log, but here he found that the wild turkeys had sure, a lower pass four or five miles down the river, been before him, and had scratched away all signs. but it was too distant to enter into the calculation Satisfied, however, with what he had seen, he reof persons striking the mountain at the shelving sumed his journey. Following the course which rock. Carper mounted the hill-side some thirty the shape of the mountain compelled, or at least feet and soon put on a look of satisfaction. The made most easy, and which his dog went readily grey sand-stones on the warmer slopes of our moun- upon before him, he descended into an irregular tains, if not covered with the long beard-like moss valley. The trail, which with the aid of Sharpof the cold northern exposures, have yet a vegeta- nose, he had been able to keep easily, led through ble covering of their own, a sort of coating of flat this valley, and beyond it over a broken country, eircular scales looking like the impressions of min- and at sunset he found himself between the headjature river shells. The hunter found several of waters of Looney's and Patterson's creeks, and these stones lying with the side marked in this man-near the base of the main or central chain of the ner downward, and some faint remains of moisture, Alleghaneys. With the setting of the sun, the or rather of the dark color which moisture gives to moon began to shine out stone on the upturned surfaces. A little farther quarter of the heavens. on, also, he found the switches of a shrub com- ney several hours into the night, making poor speed pressed together, and bent, as if they had been however; and when the moon disappeared behind low down in the western Carper extended his jour VOL. XIV-22 |