the same great excitement in the whole nervous system. A more attentive examination of the subject will perhaps show, that the symptoms of each disease are more exactly similar than has hitherto been imagined; and that they have been modified only by the peculiar constitution of the patient. All that is meant here to be asserted is, that there is nothing in the symptoms of the one disease which has not, in its general character, been found in the symptoms of the other. Immense quantities of opium can be borne by those labouring under either disease without the usual effects. Excision is said to be the only remedy in both diseases; and in each it is equally powerless after the nervous excitement has once commenced.

The horrible custom is said not to be yet entirely exploded of smothering the unhappy sufferer between two feather-beds, from the fear that he may communicate the disease by biting those around him. It has sometimes happened, that under the influence of extreme terror, the poor wretch has, in his agony, begged to be prevented from injuring his attendants; but we have never known of any instance where an inclination to bite has been exhibited. Hydrophobia is no more the necessary consequence of a bite than blindness is.

One word on the hydrophobia of animals, and particularly as it appears in the dog; he is more often the subject of the disease, and his domestic habits bring him more under our observation.

There seems to be scarcely the slightest resemblance between any of the symptoms of the hydrophobia of man and those of the brute creation. The dog, under the influence of his disease, generally appears dull and out of spirits, and snaps at any person or thing near him. His aversion to fluids is by no means universal-he has very frequently been known to drink a short time before death; so that the horror of water does not form a characteristic symptom of his malady. It applies much more properly to that of the human species, where even the sight of fluids often produces violent spasms in the throat; the contraction has been so great that it has been found impossible to swallow, notwithstanding the earnest wish of the patient to do so.

That a dog should be called mad in consequence of having the symptoms referred to above, is a sad error of language, and leads to the many absurd opinions which depend upon this term; we must consider, however, that the moment such an idea enters into the head of any person (who has a tongue also), the alarm of a mad dog is echoed far and wide; the poor animal is hunted about till its frightened condition gives it the appearance of wildness or madness. There are few people who have not, at

one time of their lives, felt the terror inspired by either seeing or hearing of such an animal in their neighbourhood.

Men may call a certain disease canine madness if they will; our position is, that this disease is not to be communicated to other animals by a bite, but by the usual manner in which other diseases, that are called infectious, are communicated. It may be as infectious among animals as the disease called the distemper among dogs is considered to be; or possibly, it may be an epidemic: either supposition will account for the fact, that dogs in the same neighbourhood have frequently had this disease, when there has been almost, if not absolute certainty that they have not been bitten.

In conclusion, we state, that the saliva of the so-called rabid animal has no poisonous quality. The disease named hydrophobia in man is caused by the injury of a nerve; when fatal effects occur, they are accidental circumstances attending the wound; and as they more frequently follow punctured wounds than others, the teeth of a dog are as likely to produce them as anything else, and the reason why every bite is not succeeded by the same consequences is, because no nerve is injured so as to produce the appalling nervous excitement that has received the name of hydrophobia.

A witch! the plague! and a mad dog! behold the Trinity which long held the dominion of fear over mankind. The days of the first person in this trio are at an end; scarcely can any one be found to pay her homage. The plague, though no trifle, is viewed with less horror, because its nature is better understood, and it may be, at all events, avoided by not entering the fatal locality. A mad dog still exercises a fearful influence over almost all the thinking as well as unthinking portions of society; but the star of his ascendancy may be on the decline, and perhaps the little that has been here said on the subject may contribute to hasten his sinking below our horizon. How much of anguish-how much of apprehension-may be disposed of by the removal of unfounded fears; and in this effort to dispel them, we anticipate the cordial co-operation of others.

ART. XII-1. Bill (as amended by the Committee) for establishing Courts of Local Jurisdiction. House of Commons Papers, Session of 1830. Date 21st of June, 1830. No. 568. Moved by Henry Brougham, Esq., Barrister-at-Law, M. P. at that time, for the Borough of Knaresborough.

2. Equity Despatch Court Proposal. By Jeremy Bentham.

3. Equity Despatch Court Bill. By Jeremy Bentham.

LAW Reform! Law Reform! what does it mean?

Re

moval of the imperfections, of which the source and seat is in the body of the law in general, and more particularly in the system and course of judicial procedure.

The Works at the head of this article represent the opinions of Bentham and Brougham: the opinions of one, after sixty years' study-the opinions of the other, after about as many months-on one interesting topic in the field of Law Reform. The two plans being as like as white and black are,-each, by their being considered in juxta-position and contrast, may be made to throw light upon the other.

In Bentham's plan we have long beheld a model—a model to be imitated in Brougham's plan we see, and that is just as we anticipated, a beacon-a beacon to be avoided. Bentham's a model? Yes; and moreover one which, while working, Brougham himself had before his eyes. Bentham's plan had the advantage of priority of date-and it has the greater advantage of completeness and comprehensiveness. "Much meditating on the subject," this melancholy and mortifying conclusion has been forced upon us-that, under the notion of lessening the amount of the evils of the existing system, not only the tendency of the plan brought into parliament by the eloquent lawyer, but the very object of his endeavour, has been, to give not only perpetuity but increase, to those same evils. Beholding thus, in this extraordinary man, a character so dangerous to justice, and all that happiness which depends on justice, we have found ourselves, insensibly but unavoidably, led to that general retrospect -of which the result is, this still more mortifying persuasion, that there are few men who at this moment oppose more serious impediments to human felicity than does Henry Brougham: his own particular and personal interest is, as we deem it, adverse, irreconcileably adverse, to the happiness and interest of the vast many; and as while in the pursuit of that interest, he exercises the power which grows out of his high and varied talents, we cannot look without much apprehension upon his purposes, and upon his position.

Of this our conviction, we shall proceed, with all simplicity, and without reserve, to state the grounds: proportioned to the amount of the menaced danger will the service of the warning be.

We shall only speak of Bentham's plan by reference. It is universally accessible. Mr. Brougham's Bill being printed only for the use of Honourable House, it will, in order to guard against suspicion of misrepresentation, be frequently necessary to quote it.

The labour will not be lost; for perhaps such an extraordinary instance of inaptitude as this Bill presents, is not to be found even in modern parliamentary records.

Scarcely a section, certainly not a page, in which some blemish might not be exposed. But any thing like a complete exhibition of this sort being plainly impossible, selection, applied to topics in small numbers, has been found necessary: under which we shall arrange our remarks: and for the purpose of inquiring what law ought to be, according to the plans of the two jurisconsults, it will be necessary to have some conception of what Law is. Law as it is, we shall personify by Matchless Constitution, and the two projects for improvement shall take the name of Bentham's plan and Brougham's plan.

To cut up by the roots the Upas tree planted in the field of law by Lady Matchless Constitution, to grub it up, and plant in the place of it, a wholesome-fruit-bearing tree; this has been the labour of Bentham. To graft upon the old stock an additional variety of equally poisonous quality, will be seen to have been the occupation of Brougham.

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1. Our first topic is what Bentham would call the Cognoscibility of the Law; and Matchless Constitution, addressing herself to King, Lords, and Commons, her eldest, biggest, and preeminently favourite scholars, thus speaks :-"Keep," says she, "keep, and to the greatest extent possible, the law from being known. You stare. Have patience: you shall see the use of this presently and be the thing what it may, the surest way for keeping it unknown is to keep it from being in existence. But though this can be done by a part of the law, and that a great part, and with admirable effect, this cannot be done by the whole of it. For when there is any thing in particular that you would have a man do for you, there may be some difficulty in getting it done, unless you let him know what it is. For example, you want money from him, taxes let us suppose: well then, you must let him know how much it is, and what he is to do to make it reach your hands; this you must do, or go without the money. But when you have spoken, so far as speaking

was necessary to your ends, then you will, in other matters, find your account in keeping a dead silence. Frequently, as you see, when the part you want a man to take is an active one, he must know what it is, that he may act accordingly; but so far as the part you want him to take is no other than a passive one, the less he knows about the matter the better: for example, if what you want is to send him out of the country to be shot at.

Well then, of all the several things that you want done, whatever things there are that cannot be done without its being known what they are by those who are to do them when all these have been made known accordingly, for getting the rest done there sits a man (the Judge he is called) whose business it is to get them done. This business he will do for you better a great deal better than you could do it for yourselves. You have made it his interest so to do. For what you want done in partioular, you bring into existence and knowledge the requisite portion of law according as you want it. But when all this has been put together, still, had it not been for him, a great vacuum would have been left. Hundreds of things, which shame, or even fear, might prevent your ordering to be done, he will thus do, or get done for you. This is what you gain by the arrangement: fear not, that-with this power in his hands-vast as it may seem to be he will dare, in pursuit of his own interests, to do any thing by which you would be the losers-for example, in reputation-more than you would be gainers in every thing else. Before any harm could happen to you, you would know what to do with him witness sir Jonah Barrington.

But avoid mistakes. Say not to the Judge," Judge we want a law made for such or such a purpose (mentioning it)-set to work, you, and make it ;" that would be bungling the matter in this way the responsibility would not be put off upon him, it would keep sticking to you. Leave the matter to him; he knows how to manage. While he is at work, should any body say to him, What is this you are about, is it not making law? I, make law, says he? no such thing; making law is work for nobody but my masters; all I do by it is to declare it: all that part of the law which they have not made-it is by itself that it has been made; and all that I claim any sort of right to do is, to declare what that part is: but as it is not necessary that any part thus declared should be known beforehand to those who are meant to suffer for want of its having been known to them, it is a rule with me to keep it a dead secret, which I do by never troubling my head about the matter, till the moment I am called upon to declare it.