self-subsistent, and enters into others' interests with too much heartiness, to live a day for what Napoleon always lived, to make itself the theme, and gaze, and wonder of a dazzled world. Next to moral, comes intellectual greatness, or genius in the highest sense of that word; and by this we mean that sublime capacity of thought, through which the soul, smitten with the love of the true and the beautiful, essays to comprehend the universe, soars into the heavens, penetrates the earth, penetrates itself, questions the past, anticipates the future, traces out the general and allcomprehending laws of nature, binds together, by innumerable affinities and relations, all the objects of its knowledge, and, not satisfied with what exists and with what is finite, frames to itself ideal excellence, loveliness, and grandeur. This is the greatness which belongs to philosophers, inspired poets, and to the master spirits in the fine arts. Next comes the greatness of action; and by this we mean the sublime power of conceiving and executing bold and extensive plans; of constructing and bringing to bear on a mighty object, a complicated machinery of means, energies, and arrangements, and of accomplishing great outward effects. To this head belongs the greatness of Buonaparte, and that he possessed it we need not prove, and none will be hardy enough to deny. A man who raised himself from obscurity to a throne, who changed the face of the world, who made hiniself felt through powerful and civilised nations, who sent the terror of his name across seas and oceans, whose will was pronounced and feared as destiny, whose donatives were crowns, whose antechamber was thronged by submissive princes, who broke down the awful barrier of the Alps and made them a highway, and whose fame was spread beyond the boundaries of civilisation to the steppes of the Cossack, and the deserts of the Arab; a man, who has left this record of himself in history, has taken out of our hands the question, whether he shall be called great. All must concede to him a sublime power of action, an energy equal to great effects.

We are not disposed, however, to consider him as pre-eminent even in this order of greatness. War was his chief sphere. He gained his ascendancy in Europe by the sword. But war is not the field for the highest active talent, and Napoleon, we suspect, was conscious of this truth. The glory of being the greatest general of his age would not have satisfied him. He would have scorned to take his place by the side of Marlborough or Turenne.. It was as the founder of an empire, which threatened for a time to comprehend the world, and which demanded other talents besides that of war, that he chal

NAPOLEON, Code de. The existing law of France may be said to have its entire foundation in this celebrated code; which, however, was not the sole production of the authorities of the empire, but was the result of alterations prescribed by the national assembly. This body, in 1791, ordered a code of civil laws to be drawn up which should be common to the whole king

lenged unrivalled fame. And here we question his claim. Here we cannot award him supre macy. The project of universal empire, however imposing, was not original. The revolutionary governments of France had adopted it before; nor can we consider it as a sure indication of greatness, when we remember that the weak and vain mind of Louis XIV. was large enough to cherish it. The question is, did Napoleon bring to this design the capacity of advancing it by bold and original conceptions, adapted to an age of civilisation, and of singular intellectual and moral excitement? Did he discover new foundations of power? Did he frame new bonds of union for subjugated nations? Did he discover, or originate, some common interests by which his empire might be held together? Did he breathe a spirit which should supplant the old national attachments, or did he invent any substitutes for those vulgar instruments of force and corruption, which any and every usurper would have used? Never in the records of time did the world furnish such materials to work with, such means of modelling nations afresh, of building up a new power, of introducing a new era, as did Europe at the period of the French revolution. Never was the human mind so capable of new impulses. And did Napoleon prove himself equal to the condition of the world! Do we detect one original conception in his means of universal empire? Did he seize on the enthusiasm of his age, that powerful principle, more efficient than arms or policy, and bend it to his purpose? What did he do but follow the beaten track? but apply force and fraud in their very coarsest forms? Napoleon showed a vulgar mind, when he assumed self-interest as the sole spring of human action. With the sword in one hand, and bribes in the other, he imagined himself absolute master of the human mind. The strength of moral, national, and domestic feeling, he could not comprehend. The finest, and, after all, the most powerful elements in human nature, hardly entered into his conceptions of it; and how then could he have established a durable power over the human race? We want little more to show his want of originality and comprehensiveness as the founder of an empire than the simple fact, that he chose as his chief counsellors Talleyrand and Fouché, names which speak for themselves. We may judge of the greatness of the master spirit, from the minds which he found most congenial with his own. In war Buonaparte was great; for he was bold, original, and creative. Beyond the camp deed showed talent, but not superior to that of other eminent men.

be in

dom. The Convention continued the project; and Cambaceres, the late arch-chancellor of France, had the courage to undertake the task.

The constitution of the year 3, restoring a degree of calm to the distracted state, Cambaceres had the courage to present a project, on the 24th Prairial, year 4; but on the ballot for renewing a part of the council of 500, the lot to retire hav

accused person, on the eve of the day before his trial; and this notification shall be null, as well as all proceedings following on it, if made sooner or later.

In every case, if there shall be on the day appointed less than thirty jurors present, not excused, or not dispensed with, the number of thirty jurors shall be completed by the president of the court of assize. They shall be taken publicly, and by way of lot, from among the qualified citizens residing in the commune, for which purpose the prefect shall every year send to the court a complete list.

Every juror who shall not appear in his place on being called, shall pay for the first neglect 500 francs; for the second 1000 francs; and for the third 1500 francs. And shall also, for a third neglect, be declared incapable of exercising in future the functions of a juror, which order shall be printed and stuck up at his expense.

Those shall be excepted who prove that it was impossible for them to attend on the day appointed. The court shall determine on the validity of the excuse. The fines, above specified, are also applicable to every juror, who having appeared in his place shall have retired before the breaking up of the court, without a valid excuse. On the day appointed, and for every cause, the list of jurors shall be called over before the opening of the court, in presence of the accused, and of the procurator-general. The name of each juror, on answering to his name, shall then be deposited in an urn.

4. Of the challenge.-The accused first, and afterwards the procurator-general, shall challenge such jurors as they think proper, and without assigning any reason, as their names are drawn successively out of the urn.

The chief, or foreman of the jury, shall be the first juror drawn by the lot, or one appointed by the jurors. Thus, when the foreman designated by lot shall not think proper to sign or pronounce the verdict of the jury, they may nominate another foreman.

The challenges of the accused, and the procurator-general, shall stop when there remain in the urn only twelve jurors. The accused and the procurator-general may make an equal number of challenges; but, if the jurors be of an unequal number, the accused may challenge one more than the procurator-general.

If there be several accused, they may join in their challenges, or make them separately. In either case, they shall not exceed the number of challenges for a single accused.

If the accused do not agree in their challenges, a lot shall determine between them the order in which they shall make them. In this case, the jurors challenged by a single one, and in that order, shall be for all, until the number of challenges be exhausted. The accused may join in making part of the challenges, the remainder being determined according to the order fixed by lot.

The trial of the accused shall commence immediately after the formation of the panel. If from any circumstance the trial of the accused, as to the offences or some of the offences, shall be put off to the session following, there shall be

another list, with fresh challenges, and a new panel shall be formed of twelve jurors.

5. Of the trial. On the day fixed for opening the assizes, the court having taken their seats, the twelve jurors shall place themselves in the order determined by their lot, on seats separated from the public, the parties and witnesses, and opposite to the accused.

The accused shall appear without fetters, but attended by officers to prevent his escape. The president shall enquire his name, Christian name, age, profession, residence, and birth-place.

The president shall swear each of the jurors standing and uncovered, with the oath following

You swear and promise, before God and man, to examine with the most scrupulous attention the charges which shall be brought against N, neither to betray the interests of the accused, n those of society by which he is accused; to have no communication with any person until after your verdict; not to be influenced either by hatred or malice, fear or affection; to decide according to the evidence and defence; accord ing to your own conscience and complete conviction; and with the impartiality and firmness which becomes a freeman."

Each of the jurors, named individually by the president, shall answer, holding up his handthis I swear.

The president shall then recite to the accused the contents of the act of accusation, or indictment, and say to him- You hear what you are accused of, and attend to the charges which will be produced against you.'

The procurator-general shall then explain the subject of the accusation; he shall present the list of witnesses to be examined, whether at his request, or that of the private prosecutor, or on that of the accused, which list shall be read with an audible voice by the registrar. It shall only contain the witnesses whose names, professions, and residence have been notified twenty-four hours at least before their examination, to the accused by the procurator general or the private prosecutor, and to the procurator general by the accused.

The accused, and the procurator-general may, in consequence, oppose the addition of any witness who has not been notified, or not distinctly described in the previous notification.

once

The examinations, and the proceedings, entered upon, shall be continued without interruption, until after the jury shall have delivered their verdict. The president cannot suspend them, but during the intervals absolutely necessary for the repose of the judges, jurors, witnesses, and accused.

6. Of the witnesses. The president shall order the witnesses to retire to apartments destined for them, which they shall not quit, except to deliver their evidence. The president shall also take care, if necessary, to prevent witnesses from conferring together.

the

The witnesses shall depose in court separately, one after the other, in the order established by the procurator general. Before their deposi tions, they shall take on the pain of nullity, an oath to speak without hatred and without fear;

to tell the whole truth, and nothing but the truth.

After each examination, the president shall ask the witness if it be of the present accused that he means to speak; he shall afterwards ask the accused, if he wishes to answer what has been said against him. The witness shall not be interrupted. The accused, or his counsel, may cross examine him through the medium of the president after his deposition, and state every thing against him, or his testimony, which may operate in defence of the accused; and the president may require, both from the witness and the accused, all the explanations necessary to arrive at the truth.

Every witness after his deposition shall remain in court, unless the president order otherwise, until the jurors have retired to give their verdict. After hearing the witnesses produced by the procurator-general, and the private prosecutor, the accused may bring forward those notified by him, either in respect of the facts stated in the act of accusation, or to testify that he is a man of irreproachable conduct.

The following cannot be received as wit

nesses :

1. The father, mother, grandfather, grandmother, or other ascendant of the accused; or of any of those jointly accused and subject to the same exception.

2. The son, daughter, grandson, granddaughter, or other descendant.

3. Brothers and sisters.

4. Husband or wife even after divorce. 5. Informers or police-officers, whose information is recompensed pecuniarily by law.

But the examination of the persons above described shall not operate as a nullity when not opposed. Informers not recompensed pecuniarily by law may be examined as witnesses, but the jury shall be informed of their being informers.

The witnesses, by whatever party called, shall not be allowed to confer together. The accused may require, after they have deposed, that those he shall specify may quit the court, and that one or more of them shall be introduced and examined anew, either separately or in the presence of each other. The procurator-general shall have the same privilege. The president may also order it officially.

The president may before, during, or after the examination of a witness, order one or more of the accused to retire, and examine them separately on particular points; but he shall take care to inform each of the accused of what has been said in his absence.

During the examination, the jurors, procurator-general, and judges, shall take notes of what appears to them important, either in the depositions of the witnesses, or the defence of the accused.

If after the examination the testimony of a witness shall appear false, the president may, on the requisition either of the procurator-general, the private prosector, or the accused, or even officially order the witness to be taken into custody.

7. Conclusion,-After the depositions of the

The The

witnesses, and the respective remarks which their evidence has occasioned, the private prosecutor, or his counsel, and the procurator-general, shall be heard in support of the prosecution. accused and his counsel may answer. private prosecutor, or procurator general, are permitted to reply, but the accused, or his counsel, shall always be entitled to speak last.

The president shall then recapitulate the proceedings to the jury, and narrate the principal evidence for or against the accused. He shall admonish them in regard to the duties they have to fulfil, and put the following questions to them.

The question arising out of the act of accusation shall be conceived in these terms :

Is the accused guilty of having committed such a murder, robbery, or other crime, with all the circumstances described in the indictment?

If there arise during the proceedings one or more aggravating circumstance, not specified in the indictment, the president shall add the question following: :

Has the accused committed the crime under such or such circumstances?

When the accused shall propose as a defence, a fact acknowledged as a justification by law, a question shall be put thus:

Is such a fact established?

If the accused be under sixteen years, the president shall put this question :

Did the accused act with discernment?

The president, after having proposed these questions, shall hand the same in writing to the jury, through their foreman; he shall deliver, at the same time, the indictment, and all the documents beside the written declarations and oral testimonies. And he shall admonish the jurors, that if the accused is declared guilty of the principal fact only by a majority, the same must be mentioned at the head of their verdict.

8. Of the verdict of the jury.—The jury shall then retire to their apartment to deliberate; but previously the foreman shall read to them the instruction following, which shall also be posted, in large characters, on the most conspicuous part of the room.

The code of criminal instruction, article 342, directs juries to be aware,

That the law does not require of them to explain how they are convinced, nor prescribe rules by which they ought particularly to weigh the quantity or sufficiency of any proof, but merely requires of them to examine their own minds and consciences, in regard to the impression that has been produced on their judgment by the evidence adduced against the accused, and in his defence; and that the law does not say, You shall deem that to be truth which you have heard attested by such or such a number of witnesses, or by such and such documents; but it requires of you simply that which constitutes the entire sum of your duties, that you should yourselves be fully convinced. It is at the same time essential that you never forget, that all the deliberation of a jury is to be confined to the actual accusation; and that on the facts connected with it, or depending upon it alone, you are solely to decide.

The jurors shall not quit their chamber until they have agreed in their verdict, and no person shall be permitted to enter during their deliberations on any account whatever.

The court may punish a juror for contravening this regulation by a fine of 500 francs, or more. All others opposing the order, or the person executing the same, shall be punished by imprison

ment.

The jurors having deliberated on the principal fact, and afterwards on each of its circumstances, the foreman shall interrogate them as follows, and each juror shall answer accordingly :

1. If the juror think that the fact is not established, or that the accused is innocent of it, he will answer, The accused is not guilty.

2. If he think that the fact is established, he shall say, The accused is guilty of having committed the crime with all the circumstances.

3. If he think that the fact is established, and the accused guilty of it, but that proof is wanting of the criminal intention, he shall say, The accused is guilty of having committed the fact, but it is not established that he has done so with the criminal intention ascribed.

4. If he think that the fact is established, and that the accused is guilty of it, but that some of the circumstances are not proved, he shall say, The accused is guilty, but without some of the circumstances.

The decision of the jury shall be pronounced for or against the accused; and, in case of an equal number of voices, the decision shall be held in favor of the accused.

The jurors shall then return into court and take their places. The president shall require

the result of their deliberations. The foreman of the jury shall rise, and placing his hand on his heart, shall say, On my honor, and my conscience, before God and man, the verdict of the jury is Yes, the accused is, &c. Or, No, the accused is, &c.

The verdict of the jury shall be written and signed by the foreman, and delivered by him to the president, in presence of the jurors. The president shall sign the same, and cause it to be entered by the registrar.

The verdict of the jury shall not be subject to any other review.

But, if the accused be declared guilty by a majority only, the judges shall deliberate together on the same point: and if the opinion of the minority of the jurors be adopted by the majority of the judges, so that adding the number of voices, that number shall exceed that of the majority of the jurors and the minority of the judges, the decision shall be in favor of the accused.

If the judges be unanimously convinced that the jurors, while completely observing the forms, have been fundamentally mistaken in their verdict; the court shall declare that there has been an error in judgment, and shall refer the question to the next session, to be tried by another jury, of which none of the former jurors shall form a part.

This measure can only be ordered by the court officially, and immediately after the verdict of the jury is publicly declared, and the accused is

found guilty, but never when he is declared not guilty.

The court shall be obliged to pronounce immediately after the decision of the second jury, even though it should be conformable to the former.

The president shall then order the accused to be brought into court, and the registrar shall, in his presence, read the verdict of the jury.

When the accused is declared not guilty, the president shall pronounce him acquitted of the accusation, and order him to be set at liberty, unless he is detained on some other previous accusation.

The accused, being acquitted, shall receive satisfaction for his loss of time and character.

9. Of the judgment.-The accused being declared guilty, the procurator general shall require the court to pass the sentence of the law. The private prosecutor shall make his claim for restitution and damages.

The president shall ask the accased if he has any thing to state in his defence?

The accused or his counsel cannot plead that the fact is false, but only that the offence is not forbidden, or is qualified by the law; or that he does not deserve the punishment applied for by the procurator-general; or that it does not carry damages for the benefit of the private prosecutor; or, lastly, that the damages claimed are more

than are due.

The court shall declare the accused absolved, if the fact of which he is declared guilty is not forbidden by a penal law. But, if the fact is forbidden, the court shall pronounce the punishment established by law. Only in cases of conviction for several crimes, can the most severe punishment be pronounced.

In like manner, in case of acquittal, the court shall decree on the damages claimed by the pri vate prosecutor, or the accused; shall liquidate them by the same decree, or refer it to one of the judges to hear the parties; take cognisance of the documents, and make a report of the whole. The court shall also order that any effects seized shall be restored to the proprietor.

Before pronouncing sentence the president shall read the text of the law on which it is founded. The registrar shall read the decree: he shall also insert the text of the law applied, under pain of a fine of 100 francs. The minute of the decree shall be signed by the judges, under the penalty of a fine of 100 francs against the registrar.

NAPOLI DI MALVASIA, or MENGESCHE, is a town of Greece, situated on the small peninsula, or rather island, of Minoa, in the Morea, which is connected with the main land by a bridge of twelve arches. It has a good harbour, and is built amid the ruins of the ancient Epidaurus, and stands on a rock, the summit of which is crowned by a citadel. Here are the remains of a temple of Esculapius, and some structures in the Cyclopean style, i. e. of large stones without cement. The port, though well sheltered by hills, is somewhat insecure, but it is well frequented, and likely to become permanently a place of trade. It is the see of a metropolitan bishop. Population 6000. Fifty-five miles south by east of Napoli di Romania.