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On this head, there has very justly been at all times some provision of law, either civil or natural: We have no doubt that an article of civil law existed on this subject prior to the council of Wittenagemot.

Mr Martin, however, has considered the animal in a more liberal point of view,-representing it as a creature formed to act another part in the plan of the world than merely that of servitude to man. He considers it as a creature, whose first and constant instinct it is to pass through existence like ourselves, with as much of pleasant, and with as little of disagreeable or painful sensation, as possible. And, in this view, we have a question of a totally different sort. We are of opinion, that a legislature has nothing to do in providing for the comfort, safety, or preservation of animals, when they are considered not as property, but as an independent class of beings. The truth is, we have quite enough to do in legislating for our own species; and are not called upon, by any sense of duty, to devise an economy for the benefit of the lower orders. Laws are made by men, for the protection, peace, and well-being of men alone, in all their interests. Animals are left to shift for themselves. And when the tender mercies of their superiors do not befriend them, Nature has furnished them with powers, by which they are enabled, in some degree, to repel or to escape from aggression.

A legislature, we repeat, has to provide only for the interests of the society or community over which it presides; or, in some capital points, for the whole of the single species to which it belongs. It is plain, then, that animals are by inevitable destiny excluded from the blessings of human legislation for they constitute no part of the august society of men; they form no class of the body politic; they are never called upon, as patriotic members, to bear arms in defence of the state; their numbers are not enrolled in any public census, as adding so much to the population or to the strength of the empire, excepting always in the way of inert property.

THE TOMB OF ABELARD AND ELOISE. There is at present exhibiting at the Western Exchange, Old Bond street, a model of the beautiful Arabic monument erected in the cemetery of Pere la Chaise to the memory & these celebrated and unfortunate lovers, Abelard and Eloise. There are few subjects calculated to awaken feelings of deeper interest in a sentimental bosom than the story handed dow to us through a period of seven hundred years, of the peculiar love and sufferings of this ill-fated couple; and if it was before calculated, from the singular and affecting nature of its details to float above the waters of oblivion through so many ages, its immortality was secured when our great Pope selected it as the ground-work of a poem that can only be forgotten when that is exquisite in poetry shall cease to charm, and taste and feeling shall be no more. The present model is most ingen?ously executed in glass, and presents a very elegant specime of the extraordinary perfection to which that branch of art has been brought. Its size, in proportion to the original. which is 36 feet in height, is one-fourth. The principal parts of the base, the tomb, and the roof, resemble dark blueish marble, except so far as glass is more glossy than that material. The columns, ornaments, and edges of the base, &c. are formed of white spun glass, curiously inlaid: and the statues on the lid of the tomb, as well as the figures in bas relief o the upper part of the monument, are executed in alabaster It appears, then, to be no part of the business of a legisla- which imparts to it the effect of closer resemblance to the en ture to enact laws directly in regard to the condition of irra-ginal. Monsieur Gibon, the artist, has also some other spe tional animals, except as these animals constitute the pro- cimens of glass-work, which are sufficiently curious, particn perty of citizens. larly a framed cipher of George the Fourth, intended b M. Gibon as a present to his Majesty; but of course th principal object of attraction in his exhibition, is the mess ment of that pair whose passion not only survived" the livi.. death" of the cloister, but, if the miraculous historian Tours is to be credited, triumphed over the extinction of m tural life; for, according to him, upon the interment of Elois in the same grave with her lover, who had died one-s twenty years before, he extended his arms and clasped Li

We are not aware, indeed, that jealous humanity has ever admitted animals to a full participation in the elevated rank of men, even among the most barbarous hordes. The Laplander still keeps his rein-deer at a respectful distance; and the peasant of the Alps, when he suffers his mule to repose beside him, is at the same time proudly conscious that the irrational is permitted to enjoy this unequal fellowship only by a special privilege.

There was amongst the Romans, to be sure, a certain law called the lex talionis, which brought very much into one level the different species of rational and irrational. By this it was declared, that whatever animal should (in the pleni, tude of fits wits) injure the person or property of a Roman, the said animal must be subjected in so many stripes or in such a loss of flesh and blood as should be proportionate to the offence. Excepting this single instance, however, we recollect of no act of legislation recognizing the rationality of animals, or admitting them into the status of citizens in human society. Since that period mankind have improved into a sense of their vast superiority over all other animals; and reckon it a pure heresy whenever any attempt is made to reduce under one class such different orders of beings, or even to bring them into any near approximation.

It is no doubt, then, very much to be desired, that every thing like the wanton cruelty which is so often inflicted upon animals, were banished for ever from the human heart; that the universal herd of mankind were of so civilized a disposition as to practise towards every sentient being the divine maxim of doing unto others as we would have others do unte us. But this is a consummation, we are persuaded, never to be accomplished by means of legislation. It is not by acts of Parliament that men are to be improved in sentiment and refined in morals: the subtler influences of education, religion, the press, social intercourse, and a few other influences of that sort, are the only efficient and practicable means of re formation in this respect.

If however an act of Parliment be considered of any avail, in so remote and so intimate an operation as that of amending the hearts of men-why, then, we conceive there is business enough for acts of Parliment in the correcting of cruelty towards creatures of our own species, before we proceed to the greater refinement of correcting it towards animals. So long as a word can inflict more pain upon a wife, a parent, or a friend, than a thousand stripes can inflict upon an animal, why do we neglect the primary duty to our fellow creatures, of correcting, as much as in our power, all the politer instances c cruelty among them? and why do we rather seek to follow the morbid impulse of bettering the condition of animals, whose miseries, we have reason to believe, are greatly inferior upo: the whole to those of the human race?

The truth of the matter is, that neither the one set of delinquencies nor the other are fit subjects for legislative interfe rence; and any act of Parliament in respect to them must, it our conception be extremely weak, fitful, and indiscriminate in its operation; and, in all probability, destined very speedily to pass into a dead letter.

The only plausible ground for an interference of the legislature in this matter, is the demoralizing effect of the practice and exhibition of cruelty to animals, upon the minds of those who do belong to the community, There is no other foundation for Mr Martin's Act, which is not absolutely ridiculous; -although a very general admixture of other principles may be observed in the reasonings of those who supported Mr Tartin in his late applications to Parliament.

closely to his cold breast. The writer omitted to mention, however, whether the embrace was momentary or permanent; so that it would be venturesome to say whether, upon opening the grave at this day, we might not find, still interlocked in each other's arms, the amorous skeletons of the pious founders of the Paraclete.

POSTSCRIPT.

MONDAY, DEC. 26.

We understand that advices were received on Saturday by
express from Petersburgh, with official information of the
death of the Emperor Alexander. He died at Taganrog on
the 1st inst. it is said, after an illness of two days.
His Im-
perial Majesty had been in a declining state of health for
some time, but was considered by the accounts previously
received from him to be so completely re-established in his
health, that Te Deum had been performed at Petersburgh as
for his complete recovery. The question of the succession
has been put an end to by the proclamation of the Grand Duke
Constantine, the Emperor's brother, as Autocrat of all the
Russias: and it is added, that so little want of harmony
prevailed among the brothers, that Constantine had appointed,
the Grand Duke Nicholas to the command of the Royal
Guards.

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Ľ On Friday, the first rehearsal of the Italian opera to be produced at the opening of that theatre next Saturday, took place, with a few instruments, or what is called a quarter band. This day a rehearsal with a full band is to take place. Mr Bochsa, the new director of the orchestra, has discharged Mr Harpur, the principal trumpet; Mr Marriotte, the principal trombona, and Mr Jenkinson, the performer on double drums. Mr Harpur has however been re-engaged. Mr Linley, jun., one of the second violincellos, was also discharged: but his father, who is the most eminent performer in England, declined accepting an engagement at the theatre unless his son was reinstated: the consequence was, Mr Linley, jun., has been re-engaged. Some of the violin performers have been also discharged.

Both before and after the entry of the French army into Moscow, every term of abuse, every execration, and every malediction of the Russian language-a language peculiarly rich in oaths, curses, and abominable appellations-was heaped upon them and their victorious leader by the natives of Russia. The epithets villains, miscreants, robbers, dogs, infernals, rabble, wretches, barbarians, tyrants, murderers, drunkards, marauders, plunderers, devils, &c. were promiscuously uttered; and the words wickedness, cruelty, sion, inhumanity, profanation, treachery, ungodliness, &c. resounded from every corner. In fact, no avenue to the heart of the Russians was left unassailed, so as to prevent the proclamations and promises of Napoleon Bonaparte from taking = effect.-Lyall's Russia.

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pay an interest of four per cent. on the unliquidated two thirds of the demands, that interest to commence on the 1st of January next.

33 per Cent. 83.3 per Cent. Reduced, 814. New 4 per Cent. 1822,

LONDON MARKETS.
CORN EXCHANge, Dec. 26, 1825.
Supplies since last Monday very moderate. Old Wheat as last quoted;
New Samples are rather lower. Barley rather higher. Beans and
Peas rather dearer; and Oats dull at last Monday's prices. Flour is
generally considered at 60s.

......

CURRENT PRICES OF GRAIN.
56s. 65s. Boilers
56s. 66s. Small Beans..
Tick
Feed Oats..
Poland
Potatoe

52s. 55s. 42s. 48s. 36s. 42s.

60s. 68s.
60s. 72s.
46s. 47s.

23s. 25s.
26s. 29s.

40s. 44s.

26s. 32s.

46s. 48s.

Scotch

32s. 34s. 50s. 60s.

40s. 46s. Flour, per Sack

Aggregate Average Prices of the Twelve Maritime Districts of England and Wales, by which Exportation and Bounty are to be regulated in Great Britain.

The firm of Sir Walter Sterling and Co. have issued a circular, communicating to their friends the pleasing intelligence that, after due investigation, they have found their assets considerably more than sufficient to defray in full all demands upon them; that, as a proof of it, they will pay one third on the 23rd of next month, and that, as soon as the rest of the assets have been made available, they will pay the whole. Until which time, which they expect to be short, they will

Wheat, red
Old.

White, new

Old....

Grey Peas

Old..

Maple.

White

NAPOLEON AND THE DUKE OF WELLINGTON.-The : Emperor invited Colonel Campbell to breakfast at Briare, during which he was very inquisitive relative to Lord Wellington's private character; often saying to the Colonel's answers, "C'est comme moi ;" and said he should like very much to he in company with him. He asked if he possessed great talent in haranguing his troops; and upon the answer that he never did harangue them, expressed great surprise, and still greater, when he told him that if an English officer Hay....£3 7s. 6d. to £4 17s. 6d. | Straw was to attempt haranguing his troops, they would laugh at Clover £4. Os. to £5. 7s. Od. him.-London Magazine for December.

PRICE OF HAY AND STRAW.

Wheat per Quarter, 63s. 4d.-Barley, 41s. 4d.-Oats, 26s. 5d.—Rye, 46s. 5d.-Beans, 45s. 6d.-Peas, 49s. 5d.

SMITHFIELD, DEC. 26..

Beef is selling this morning at 5s. 0d. to 5s.4d. per stone for best cattle,
and 4s. 8d. to 5s. 2d. Mutton rather lower, and Veal from 5s.4d. to 6s.4d.
per stone. Pork the same as last week.

To sink the Offal-per Stone of 81bs.
4s. 8d. to 5s. 2d. Veal..........
Pork....

3s. Od. to 5s. 4d.

HEAD OF CATTLE THIS DAY.
1104
9870

I

Pigs
Calves..

Beef
Mutton.

Beasts
Sheep

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5s. Od. to 6s. 6d. 5s. 6d. to 5s. Od.

70 62

£1. 16s. to £2 0s.

of LA ASSEMBLEE, embellished with a Portrait of

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