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The work has got to be done, and there is no time to be fooling about. There is, then, no reason whatever for surprise, and still less for blame, that when the wasp is

ond stage completed, they are ready to issue out and to take their share in the work. Even when she has an army of children, she continues to set them an example of labor and perseverance, super-interrupted in its work it loses its temper vising the operations and working diligently and continuously herself. She is the life and soul of her community, and, if by any accident she dies before the other females, which are hatched late in the season, appear, the community is entirely disorganized, the neuters cease from their labors, and the whole colony perishes. Nature, too, has done much more for the bee than for the wasp, for the former naturally secretes the wax from which it forms its cells, while the wasp has no such faculty, and has to construct its cells as well as its house from the paper it manufactures.

at once. It is angry when, having entered at an open window and gathered from a jam-pot, a dish, or jug-for the wasp is not particular a supply of food, it finds that its way back to its hungry friends is barred by a strange, smooth obstacle, through which it cannot pass. Many men know to their cost how small a thing rouses the temper of a woman engaged in the arduous operations of washing or cooking, and are careful in avoiding the neighborhood of the wash-house or kitchen upon these occasions; and yet they make no allowance whatever for similar irritation The wasp is as fond of sweets as is the on the part of the busy wasp. Again, bee, and while a portion of the community blame is imputed to the wasp because it are engaged upon the work of collecting takes offence if it is flapped at with a handmaterials, manufacturing paper, and build- kerchief or hat; but surely there is nothing ing, the others collect sweets from flowers surprising in this. Men take offence at or fruit. Having filled themselves with practical jokes, especially practical jokes these, they return home, and on entering of a dangerous kind; and the wasp natuthe hive mount to the upper cells, and rally regards these wanton attacks upon there disgorge the contents of their honey-it, when actively engaged in the business bags for the benefit of the workers. The of the community, as dangerous impertibee is industrious, it may be admitted, but nences, and is not to be blamed for resenthe is industrious in a quiet and methodical ing them. The more one examines into way. There is no hurry about the bee, the habits of the bee and the wasp respecand any one who watches him at work will tively, the more one is convinced that the be inclined to admit that he does a good high esteem in which the former is held deal of pottering about. The wasp has no by man is simply the result of man's love time for this sort of thing; he knows how for honey, and that the balance of supe much there is to be done, and that there riority is wholly upon the side of the wasp, is not a single moment to be wasted. The who is a more energetic, a more vivacious, queen is laying her eggs; there are the a more industrious, and a more intelligent materials for the houses to be collected, insect than the bee, and should on all ground up into paste, and spread; there these accounts occupy a far higher place is food for the grubs to be gathered and in man's esteem and regard than it actusupplies for the builders to be brought in. I ally possesses at present.

A FATAL RESULT OF BAPTISM BY IMMERSION.- -A most distressing occurrence is reported in a German medical journal. A young woman who was a candidate for baptism by immersion amongst the Baptists, after undressing to her chemise and stockings in the vestry, put on a cotton wrapper and came into the chapel to be baptized. She was completely immersed in the baptistry, which was filled with rain-water at a temperature of about forty degrees Fahr., the ceremony not lasting above a minute. After this she walked back into the vestry, but immediately became unconscious, and, notwithstanding all possible efforts being made to resuscitate her, succumbed. The post-mortem examination revealed that there

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was cardiac disease. As, however, there was no doubt that the immersion was the deter mining cause of death, the unfortunate minister who performed the ceremony was at first sentenced to a week's imprisonment. This was, however, ultimately remitted. neighboring Baptist congregations have, it is said, taken warning by the case, and have arranged to have the water for immersion always warmed in future, as is, we believe, the custom in this country. Another sugges tion naturally arises from such an occurrence as the above-namely, that persons suspected of heart disease should have the benefit of a medical examination before being submitted to the rite of immersion.

Lancet.

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MOLTKE.

HELMUTH KARL BERNHARD VON MOLTKE.

Born, October 26th, 1803. Died, April 24th, 1891.

STRONG, silent soldier, whom the unmarked years

Shaped to such service of the Fatherland As seldom to one firm, unfailing hand, A State hath owed; to-day a people's tears Bedew the most illustrious of biers!

The waning century hastening to its close Hath scarce a greater on its glory-roll,

Hope of thy land, and terror of its foes; Of foresight keen, and long-enduring soul! War's greatness is not greatest; there are heights

Of splendor pure mere warriors scarce may scale,

But thou wert more than battle's scourge and flail,

Calm-souled controller of such Titan fights
As mould man's after-history. When thy

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From The New Review.

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the internal constitution of the State in

LEGAL AND CONSTITUTIONAL ASPECTS whose territory the injuries occur, or by

OF THE LYNCHING AT NEW ORLEANS.

BY JAMES BRYCE, M.P.

any practical difficulties which it may find in enforcing its authority upon its own subjects.

THE lynching a few weeks ago of eleven Italians by a New Orleans mob is an inci- The general question need not long dent which has many aspects and sug-detain us, because there is no great differgests many reflections. That one of those ence of opinion regarding it among intersecret societies which have long been a national lawyers, nor much difference as curse of Italy and Sicily should have taken | regards the practice of civilized States. root and become terribly powerful in the The well-admitted principle is that every New World is of itself a singular phenom- civilized State is bound to secure to the enon. That in a great and wealthy city subjects or citizens of another friendly like New Orleans it should be found prac- State the same measure of personal libtically impossible to bring notorious assas- erty, personal security, and protection to sins to justice by the regular process of property as it affords to its own subjects. law is a still stranger and still more de- A Frenchman is entitled in England to the plorable phenomenon. That the men who same recourse to the civil and criminal seized and slaughtered the acquitted Ital- courts as an Englishmen has, and to be as ian criminals should be the leading citizens fully cared for by the police. Particular of New Orleans; that they should have disabilities may no doubt be imposed on preferred this method of protecting their an alien. He may be required to produce community to that of improving the legal a passport, though passports are not reprocedure and administration of the State quired from native subjects; or he may of Louisiana; that their conduct should be unable to hold real estate; or he may have met with far more sympathy than be required if plaintiff in an action to give reprobation over the United States gen- security for costs which would not be deerally, are facts curiously illustrative of manded from a subject. Special reasons the history of the southern States and of exist in these respects. But so far as the condition of society there. It is of regards the ordinary rights which are none of these points, however, that I am needed for the protection of person and about to speak in these few pages, but of property, he ought to receive just the the legal and constitutional questions treatment which the native subject has, no growing out of the demand for redress more and no less. If he does receive which the Italian government promptly less, his government has a primâ facie addressed to the government of the United right to demand redress for him; and this States, and which was emphasized, in a redress may be either in the way of crimsomewhat brusque and hasty fashion, by inal proceedings against those who have the withdrawal of the Italian minister from injured him, or of pecuniary compensation Washington. These questions are of in- from the authorities of the State which terest not only to American publicists, has permitted him to be injured without but also to Englishmen, for they are ques-affording him due satisfaction by the tions which may in a different, but, per- methods which are open to its own citihaps, not less serious, form arise out of zens. the anomalous position in which Britain now stands to her great self-governing colonies.

To this general statement we must make one addition. Injury to a foreigner may proceed either from the executive officials of the State in which he is resid

The best way to treat these questions will be to deal, first, with the general sub-ing, or from its judicial officers, or from ject of the liability of one State to another in respect of injuries inflicted in its territory upon the subjects of that other, and secondly, to inquire how far this general liability may be modified and limited by

private persons. If from the executive officials, the liability of the State is obvi ous because they are its agents, and their wrongful acts or omissions are its acts or omissions. If from judicial officers,

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it, has been expressly declared and recog. nized in a treaty securing equivalent rights to the citizens of each of the contracting States in the territories of the other. This has happened as between the United States and Italy. By the treaty concluded in 1871, it is provided that

The citizens of each of the high contracting parties shall receive in the States and Territories of the other the most constant protection and security for their persons and property, and shall enjoy in this respect the same rights and privileges as are or shall be granted to the na tives, on their submitting themselves to the conditions imposed on the natives.

We may now, therefore, ask, What are the rights of the Italian government in respect of lawless violence inflicted upon its subjects within the territory of the United States? Let us leave out of sight the federal structure of the American gov. ernment, and assume the United States to be a unified country like the United Kingdom, in which the queen's writ runs every. where, and where the executive and the legislature have exactly the same powers

the same thing in other words, let us assume that the lynching happened, not in Louisiana, but in the Federal District of Columbia, where the Federal government is supreme.

So far we have spoken of civilized States. As regards semi-civilized countries, such as Turkey or Morocco, where the amount of protection given to persons and property falls far below the standard which the European nations have come to observe, it is of course impossible for these nations to be content with obtaining for their subjects what the unlucky subject of a Mussulman sultan has to put up with; and they have therefore made special arrangements under which Europeans may reside and carry on business in these countries with some better guarantee for their security than the local laws and in every part of the country. Or, to put courts and police afford. To enforce these | arrangements is not always easy, so that our envoys at Constantinople or Tangier are constantly employed in trying to obtain redress for the injuries which English men suffer. The disorders in certain of the Spanish-American so-called republics have occasionally brought them into what is practically the same category.. There are, therefore, cases in which the behavior of a State to its own subjects cannot be taken as the measure of its international obligations. If it falls short of the standard which is generally observed and expected, it cannot acquit itself by alleging the faults of its own administration. Reverting to civilized nations, the re-jury refused to find the bill, or if the petty sponsibility which their governments admit for the protection of the subjects of a friendly power rests upon what may be called general international comity. It exists in the absence of any formal treaty provisions, because it is suggested not only by considerations of humanity, but by the common interest of all States alike. But in many instances this "international common law," as one may venture to call

Italy might demand satisfaction in the form of punishment to be inflicted on the lynchers. As the government of a free people can proceed only in the prescribed way of regular judicial process, all the Federal government could do would be to have the lynchers indicted for murder or manslaughter. The matter would, as in England, come first before a grand jury, and if the grand jury found a true bill, then before a petty jury. If the grand

jury acquitted the prisoners, the govern ment could do no more. Its powers would be exhausted. So would the powers of the British government in a like case. And in fact, as has been observed in America, this is exactly what Lord Palmerston replied to the Austrian government when it complained of the rough handling which General Haynau received from Barclay and Perkins's draymen in 1850.

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