Za darmo

The Atlantic Monthly, Volume 05, No. 31, May, 1860

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And here, by the way, I am reminded of an incident, which, though not exactly pertinent, may find here a parenthetical place, merely as illustrating some points of Italian character. One fact and two names relating to America they know universally,—Columbus and his discovery of America, and Washington.

"Sì, Signore," said a respectable person some time since, as he was driving me to see a carriage which he wished to sell me, and therefore desired to be particularly polite to me and my nation,—"a great man, your Vashintoni! but I was sorry to hear, the other day, that his father had died in London."

"His father dead, and in London?" I stammered, completely confounded at this extraordinary news, and fearing lest I had been too stupid in misunderstanding him.

"Yes," he said, "it is too true that his father Vellintoni is dead. I read it in the Diario di Roma."

But better than this was the ingenious argument of a Frate, whom I met on board a steamer in going from Leghorn to Genoa, and who, having pumped out the fact that I was an American, immediately began to "improve" it in a discourse on Columbus. So he informed me that Columbus was an Italian, and that he had discovered America, and was a remarkable man; to all of which I readily assented, as being true, if not new. But now a severe abstract question began to tax my friend's powers. He said, "But how could he ever have imagined that the continent of America was there? That's the question. It is extraordinary indeed!" And so he sat cogitating, and saying, at intervals, "Curioso! Straordinario!" At last "a light broke in upon his brain." Some little bird whispered the secret. His face lightened, and, looking at me, he said, "Perhaps he may have read that it was there in some old book, and so went to see if it were or no." Vainly I endeavored to show him that this view would deprive Columbus of his greatest distinction. He answered invariably, "But without having read it, how could he ever have known it?"—thus putting the earth upon the tortoise and leaving the tortoise to account for his own support.

Imagine that I have told you these stories sitting under the vine and fig-tree of some villetta, while Angiolina has gone to call the padrone, who will only be too glad to see you. But, ecco! at last our padrone comes. No, it is not the padrone, it is the vignarualo, who takes care of his grapes and garden, and who recognizes us as friends of the padrone, and tells us that we are ourselves padroni of the whole place, and offers us all sorts of fruits.

One old custom, which existed in Rome some fifteen years ago, has now passed away with other good old things. It was the celebration of the Fravolata or Strawberry-Feast, when men in gala-dress at the height of the strawberry-season went in procession through the streets, carrying on their heads enormous wooden platters heaped with this delicious fruit, accompanied by girls in costume, who, beating their tamburelli, danced along at their sides and sung the praises of the strawberry. After threading the streets of the city, they passed singing out of the gates, and at different places on the Campagna spent the day in festive sports and had an out-door dinner and dance.

One of these festivals still exists, however, in the picturesque town of Genzano, which lies above the old crater now filled with the still waters of Lake Nemi, and is called the Infiorata di Genzano, "The Flower-Festival of Genzano." It takes place on the eighth day of the Corpus Domini, and receives its name from the popular custom of spreading flowers upon the pavements of the streets so as to represent heraldic devices, figures, arabesques, and all sorts of ornamental designs. The people are all dressed in their effective costumes,—the girls in busti and silken skirts, with all their corals and jewels on, and the men with white stockings on their legs, their velvet jackets dropping over one shoulder, and flowers and rosettes in their conical hats. The town is then very gay, the bells clang, the incense steams from the censer in the church, where the organ peals and mass is said, and a brilliant procession marches over the strewn flower-mosaic, with music and crucifixes and Church-banners. Hundreds of strangers, too, are there to look on; and on the Cesarini Piazza and under the shadow of the long avenues of ilexes that lead to the tower are hundreds of handsome girls, with their snowy tovaglie peaked over their heads. The rub and thrum of tamburelli and the clicking of castanets are heard, too, as twilight comes on, and the salterello is danced by many a group. This is the national Roman dance, and is named from the little jumping step which characterizes it. Any number of couples dance it, though the dance is perfect with two. Some of the movements are very graceful and piquant, and particularly that where one of the dancers kneels and whirls her arms on high, clicking her castanets, while the other circles her round and round, striking his hands together, and approaching nearer and nearer, till he is ready to give her a kiss, which she refuses: of course it is the old story of every national dance,—love and repulse, love and repulse, until the maiden yields. As one couple panting and rosy retires, another fresh one takes its place, while the bystanders play on the accordion the whirling, circling, never-ending tune of the Tarantella, which would "put a spirit of youth in everything."

If you are tired of the festival, roam up a few paces out of the crowd, and you stand upon the brink of Lake Nemi. Over opposite, and crowning the height where the little town of Nemi perches, frowns the old feudal castle of the Colonna, with its tall, round tower, where many a princely family has dwelt and many an unprincely act has been done. There, in turn, have dwelt the Colonna, Borgia, Piccolomini, Cenci, Frangipani, and Braschi, and there the descendants of the last-named family still pass a few weeks in the summer.1 Below you, silent and silvery, lies the lake itself,—and rising around it, like a green bowl, tower its richly wooded banks, covered with gigantic oaks, ilexes, and chestnuts. This was the ancient grove dedicated to Diana, which extended to L'Ariccia; and here are still to be seen the vestiges of an ancient villa built by Julius Caesar. Here, too, if you trust some of the antiquaries, once stood the temple of Diana Nemorensis,2 where human sacrifices were offered, and whose chief-priest, called Rex Nemorensis, obtained his office by slaying his predecessor, and reigned over these groves by force of his personal arm. Times have, indeed, changed since the priesthood was thus won and baptized by blood; and as you stand there, and look, on the one side, at the site of this ancient temple, which some of the gigantic chestnut-trees may almost have seen in their youth, and, on the other side, at the campanile of the Catholic church at Genzano, with its flower-strewn pavements, you may have as sharp a contrast between the past and the present as can easily be found.

THRENODIA

ADDRESSED TO ALFRED TENNYSON, P.L., IN RESPONSE TO VERSES OF HIS "ON A LATE EVENT IN ENGLAND."
 
I heard you In your English home,—
I read you by my little brook,
Thousands of miles from British foam,
Hid in my dear New England nook:
But heard you with a sullen look;
But read you with a gloomy brow;
And thus unto my Muse I spoke:—
Who is there to write history now?
 
 
Hallam is dead! and Prescott gone!
And Irving sleeps at Sunnyside!
And now that Lord has wandered on,
Whose laurels must with theirs abide:
I greatly mourned the man who died
First on this dismal roll of death,—
And him, of all observers eyed,
My townsman here, who spent his breath
 
 
In telling of the things of Spain,
And doing friendly things to friends,
Prescott, well known beyond the main
And past the Pillars, to earth's ends:
Both had my tears: but England sends
Another word across the seas,
Might rouse the dying from his bed:
Oh, bear it gently, ocean-breeze!
That bitter word,—Thy friend is dead!
 
 
Macaulay dead, who made to live
Past kingdoms, with his vivid brain!
Who could such warmth to shadows give,
By the mere magic of his pen,
That Charles and England rose again!
Well sleeps he 'mid the Abbey's dust:
And, Laureate! thy funereal verse
Shall have such echo as it must
From hearts just wrung at Irving's hearse.
 
 
These are two names to mark the year
As one of memorable woe,
Two men to the two nations dear
Laid in one fatal winter low!
About the streets the mourners go;
But I within my chamber rest,
Or walk the room with measured tread,
Murmuring, with head upon my breast,
My God! and is Macaulay dead?
 

GENERAL MIRANDA'S EXPEDITION

In November, 1805, a good-looking foreigner, gentlemanlike in dress and in manner, and apparently fifty years of age, arrived in New York from England, and took lodgings at Mrs. Avery's, State Street. He called himself George Martin; but this incognito was intended only for the vulgar. Some of the principal citizens of New York, who recollected his first visit to this country twenty years before, knew him as Don Francisco de Miranda of Caracas, one of the most distinguished adventurers of that revolutionary era,—a favorite of the Empress of Russia, a friend of Mr. Pitt, and second in command under Dumouriez in the Belgian campaign of 1793. To these gentlemen he avowed that for many years he had meditated the independence of the Spanish-American Colonies, and meant to make an attempt to carry out his plans. On Evacuation Day, a New York festival, which is now nearly worn out, they invited him to a Corporation dinner, as a foreign officer of rank, and toasted him, wishing him the same success in South America that we had had here. He then went to Washington, under the name of Molini. There, as everywhere, he was received by the best society as General Miranda. The President and the Secretary of State, Mr. Madison, granted him several private interviews. In January he returned to New York,—and on the 2d of February departed thence mysteriously in the Leander, a ship belonging to Mr. Samuel G. Ogden, merchant.

 

While the Leander lay at anchor off Staten Island, a gentleman notified the Naval Officer of the Port, that large quantities of arms and ammunition had been taken on board of her in boats, at night. He was informed in return, that the Leander was cleared for Jacquemel, and that no law existed to prevent her from sailing. No other attempt was made to detain her; but a few weeks later, rumors affecting the character of the ship broke out in a more decided form. It was generally believed at the Tontine Coffee-House that the Leander had been fitted out by Miranda to attack the Spanish possessions in the West India Islands or on the Main. And yet the New York journals took no notice of her until the 21st of February, nineteen days after she sailed. In the mean time the Marquis Yrujo, backed by the French Ambassador, had made a formal complaint to Government, and had caused the insertion in the "Philadelphia Gazette" of a series of interrogatories to Mr. Madison, which indirectly accused the Administration of encouraging Miranda's preparations, or at least of conniving at the expedition. This perverse Marquis, who gave Mr. Jefferson a taste of the annoyance which Genet, Adet, and Fauchet had inflicted upon the previous administrations, was clamorous and persisting. The authorities in Washington thought it proper to order the arrest of Mr. Ogden, and of Colonel William Smith, son-in-law of John Adams and Surveyor of the Port of New York, under the Act of 1794. The prisoners were taken before Judge Tallmadge of the United States District Court. They were refused counsel, and were forced by threats of imprisonment to submit to a searching examination. They were then held to bail, both as principals and witnesses, in the sum of twenty thousand dollars. Soon after, the President removed Colonel Smith from his office.

Such a waste of editorial raw-material appears very singular to newspaper-readers of the present day, accustomed as they are to see in print everything that has happened or that might have happened; but we must recollect that our grandfathers found the excitement necessary to civilized man in party politics, national and local. This game they played with a fierce eagerness which is now limited to a small class of inferior men.

To the violence and personal spitefulness of their newspaper articles we have fortunately nothing comparable, even in the speeches of Honorable Members on Helper and John Brown. The "Tu quoque" and the "Vos damnamini" were their favorite logical processes, and "Fool" and "Liar" the simple and conclusive arguments with which they established a principle. Not that these ancients suffered at all from a lack of stirring news. Bonaparte's wonderful campaigns, (Austerlitz had just been heard of in New York,) the outrages on our sailors by English cruisers, our merchantmen plundered by French and Spanish privateers, the irritating behavior of the Dons in Louisiana, kept them abundantly supplied with this staff of mental life. But they did not care much for news in the abstract as news, unless they could work it up into political ammunition and discharge it at each other's heads. We must not forget, too, that newspaper-editing, the "California of the spiritually vagabond," as Carlyle calls it, was a recent discovery, and that the rich mine was but surface-worked. "Our own Reporter" was, like Milton's original lion, only half unearthed; and deep hidden from mortal eyes as yet lay the sensation-items-man, who has made the last-dying-speech-and-confession style of literature the principal element of our daily press.

At last the Federal editors gave tongue. It was high time; the town was in an uproar. They perceived that Miranda might become a useful ally against Mr. T. Jefferson. His expedition came opportunely, as the Mammoth Cheese and Black Sally were beginning to grow stale. Mr. Lang opened the cry in the "New York Gazette" by asserting the complicity of Government, on the authority of a "gentleman of the first respectability,"—meaning Mr. Rufus King.—Cheetham, of the "Citizen," barked back at Lang, a would-be "Solomon," "a foul and abominable slanderer." Mr. King, he could prove, had been examined, and had nothing to reveal.—Tom Paine wrote to the "Citizen" to mention that he had known Miranda in New York in 1783 and in Paris in 1793. Mr. Littlepage of Virginia, Chamberlain to the King of Poland, had then informed him that the Empress Catharine had given Miranda four thousand pounds "as a retaining fee," and that Mr. Pitt had also paid him twelve hundred pounds for his services in the Nootka Sound business.—All the Federal papers charged the Government with connivance. You knew the destination of the Leander; you did not prevent her from sailing; you nourished the offence until it attained maturity, and then, after permitting the principals to go upon this expedition, you seize upon the accessories who remain at home. And in how shameful and illegal a way! You examine them before a single judge, with no counsel to advise them. You force them to criminate themselves, and to sign their confessions, by the threat of imprisonment; and you punish Colonel Smith before you have tried him, by depriving him of his office. Why, such a proceeding is worse than any "Inquisitorial Tribunal" or "Star-Chamber Court."—Nonsense! answered the Democrats. Ogden's and Smith's testimony does not implicate the Government in the least. It only proves that Smith has been the dupe of Miranda. The President knew nothing about the matter. If the object of the Leander's outfit was so generally spoken of, why did it escape the notice of the Marquis Yrujo? Why did he not demand her seizure before she sailed? This charge against the Government is a mere Federal trick. Your friends, the British, are at the bottom of the expedition, and they have artfully employed Rufus King, a Federal chief, to throw the blame upon the Executive of the United States. By ascribing to those who administer the government the atrocities committed by Transatlantic rulers, you aim a deadly blow at the character of our system; and your conduct, base in any view we can take of it, is particularly reprehensible in the delicate state of our relations with Spain.

Mr. Cadwallader Golden, of counsel for the defendants, made a motion before Judge Tallmadge for an order to prevent the District Attorney from using the preliminary evidence taken at the private examinations. "It was a proceeding," he said, "arbitrary and subversive of the first principles of law and liberty,"—"which would have disgraced the reign of Charles and stained the character of Jeffries." The District Attorney was heard in opposition, and was successful.

On the 7th of April, the Grand Jury found a bill against Smith, Ogden, Miranda, and Thomas Lewis, captain of the Leander, for "setting on foot and beginning with force and arms a certain military enterprise or expedition, to be carried on from the United States against the dominions of a foreign prince: to wit, the dominions of the King of Spain; the said King of Spain then and there being at peace with the United States." The Grand Jury, as an evidence of their impartiality, or of the public feeling, also handed the Judge a presentment of himself, which he put into his pocket, censuring his conduct in the private examinations, because "unusual, oppressive, and contrary to law."

The trial was set down for the 14th of July. Messrs. Ogden and Smith did not wait so long for a hearing. They laid their case at once before the public, in two memorials addressed to Congress, complaining bitterly of the prosecution, not to say persecution, instituted against them by the authorities in Washington, and of the cruel and oppressive measures taken by Judge Tallmadge to carry out the mandates of his superiors. If they had done wrong, they urged, it was innocently. A war with Spain was imminent. The critical position of the Louisiana Boundary question, the President's Message of the 6th of December, and the documents accompanying it, left no doubts on that point. Were they not right, then, in supposing, that, under these circumstances, the President would encourage an expedition against the colonies of a hostile power? As evidence of Mr. Jefferson's knowledge of Miranda's schemes, they stated that the General had brought with him from England a letter to "a gentleman of the first consequence in New York," (Mr. King,) which contained a sketch of his project: this letter was forwarded to the Secretary of State and laid before the President by him. Miranda then went to Washington, saw the President and the Secretary, and wrote to the memorialists that he had fully unfolded his plans to both. In the course of a long conversation with Mr. Madison, he asked for pecuniary assistance and for open encouragement, on the ground that individuals might not be willing to join in the enterprise, if Government did not approve it,—particularly as a bill was then before Congress to prohibit the exportation of arms. He also requested leave of absence for Colonel Smith, who wished to accompany him. Mr. Madison answered, that the sentiments of the President could not be doubted, but that the Government of the United States could afford no assistance of any kind. Private individuals were at liberty to act as they pleased, provided they did not violate the laws; and New York merchants would always advance money, if they saw their advantage in it. As to the bill Miranda had spoken of, it was unlikely that it would pass,—and, in fact, it did not. It was impossible, Mr. Madison added, to grant leave of absence to Colonel Smith, although he thought him better fitted for military employment than for the custom-house. He closed the interview by recommending the greatest discretion.

Miranda, continued the memorialists, remained fourteen days in Washington after this conversation, and returned to New York confident of the silent approval of Government. Eleven days before the Leander sailed, he sent a letter to Mr. Madison, inclosing another to Mr. Jefferson, both of which he read to Ogden and to Smith. He assured Mr. Madison that he had conformed in every way to the intentions of Government, and requested him to keep the secret. To Mr. Jefferson he wrote in a strain more fashionable ten years before than then, but well adapted to the sentimentality, both scientific and political, of the "Philosophic President." Here it is:—

"I have the honor to send you, inclosed, the 'Natural and Civil History of Chili,' of which we conversed at Washington,—and in which you will, perhaps, find more than in those which have been before published on the same subject, concerning this beautiful country.

"If ever the happy prediction, which you have pronounced on the future destiny of our dear Columbia, is to be accomplished in our day, may Providence grant that it may be under your auspices, and by the generous efforts of her own children! We shall then, in some sort, behold the revival of that age, the return of which the Roman bard invoked in favor of the human race:—

 
"'The last great age foretold by sacred rhymes
Renews its finished course; Saturnian times
Roll round again; and mighty years, begun
From this first orb, in radiant circles run.'"
 

On Miranda's reports, these letters, and the fact that the Leander had not been seized, they rested their case, and prayed for the interference of Congress in their behalf.

 

Congress unanimously granted the petitioners leave to withdraw. Such evidence as this, not only hearsay, but heard from the party most interested in misrepresenting the Administration, was not entitled to much consideration. It had, moreover, the additional disadvantage of proving nothing against the President and Secretary, even if every word of it were admitted as true.

Public attention was diverted from the Leander, Captain Lewis, to the Leander, Captain Whitby. This English frigate was cruising off Sandy Hook, bringing to inward and outward bound vessels, searching them for articles contraband of war, and helping herself to able-bodied seamen who looked like British subjects. All of which was meekly submitted to in 1806. Mr. Jefferson could not overcome his doubts as to the constitutionality of a fleet, and the Opposition had the twofold pleasure of chuckling over the insults offered by John Bull to a government with French proclivities, and of reproaching the party in power with its supineness and want of spirit.

But the accident of the 25th of April brought the American people to a proper sense of their situation, for the moment. On that day, His British Majesty's ship Leander fired a round-shot into the sloop Richard, bound to New York, and killed the man at the helm, John Pierce. The body was brought to the city and borne through the principal streets, in the midst of universal excitement, anger, and cries for vengeance. Black streamers were displayed from the houses; shops were closed; the newspapers appeared in mourning. A public funeral was attended by the whole population. Captain Whitby was indicted for murder, and took care to keep out of the reach of United States law-officers. This homicide happened just in time for the May election in New York. Both parties attempted to make use of it. The Federalists proclaimed that the blood of Pierce was on the head of Jefferson and his followers. These retorted, that the English pirates were the friends and comrades of the Federalists. Cheetham had seen the first lieutenant of the Leander, disguised, in company with eight or ten of them, some days after the murder!!! And the Democratic Republicans, as was and is still usual, had a majority at the polls.

From time to time short paragraphs appeared in the papers, advertising Miranda's success. "His flag was flying on every fort from Cumana to Laguayra." "The whole of this fine country may be considered as lost to Spain." Then came tidings of sadder complexion. He had been beaten off with the loss of forty men, taken prisoners. The Spaniards had threatened to hang them as pirates, but they would not dare to do it. The British had furnished Miranda with forty Spanish prisoners, as hostages, "to avenge the threatened insult to the feelings of every friend to the rights of self-government in every part of the world." At last, news arrived from the Gulf which left Miranda's failure in his first attempt to land no longer doubtful. This, of course, made the position of Ogden and Smith more dangerous, and their case more difficult to manage.

When the trial of Colonel Smith came on, public interest revived, and became stronger than before. The court-room was crowded by intelligent spectators during the whole course of the proceedings, The case was peculiar, and had almost a dramatic interest. Here was a Government prosecution against a man well known in the community, for an offence new to our courts; and the heads of that Government, Jefferson and Madison, were indirectly on trial at the same time:—"For, if Smith and Ogden are acquitted," said the Federal papers, "then must the whole guilt rest on the Administration." Apart from the political interest of the trial, the eminence of the counsel employed would have commanded an audience anywhere. Never, since New York has had courts of justice, have so many distinguished lawyers adorned and dignified her bar as in the first twenty years of this century. In this case, nearly all of the leaders were retained: Nathan Sandford, District Attorney, and Pierrepoint Edwards, for the prosecution; for the defence, Cadwallader Colden, Josiah Ogden Hoffman, Thomas Addis Emmet, Richard Harrison, and Washington Morton.3

Mr. Colden handed the Clerk a list of his witnesses, and requested him to call their names. Among them were those of Madison, Dearborn, Gallatin, Granger, and Robert Smith, all members of the Government. He then read the affidavit of service of subpoenas upon them on the 25th of May, and, inasmuch as these gentlemen had not obeyed the subpoena, and as Colonel Smith could not safely proceed to trial without their testimony, he moved that an attachment issue against them.

The District Attorney opposed the motion, on the ground that the testimony of these witnesses could not possibly be of any use to the defendant. None of them were present in New York when the Leander was fitted out. And even if it could be shown by these witnesses that the Administration had approved of this illegal expedition, it would not help the defendant. This is a country governed by laws, and not by arbitrary edicts. If Colonel Smith had violated these laws, he had rendered himself liable to punishment. He could not escape by making the President a particeps criminis. An amusing letter was read from Madison, Dearborn, and Smith, which stated, "that the President, taking into view the state of our public affairs, has specially signified to us that our official duties cannot consistently therewith be at this juncture dispensed with." They suggested that a commission should issue for the purpose of taking their respective testimonies.

Colden insisted that this was an attempt of the Executive to interfere with the Judiciary, which ought not to be tolerated. Counsel in criminal cases had always the right to stand face to face with witnesses. It was outrageous that the President should first approve of the conduct of Colonel Smith, then order a prosecution against him and forbid his witnesses to attend the trial.

The Court refused to grant an attachment. And later in the trial, when the defence offered Rufus King to prove the President's knowledge and approbation of the enterprise, the Court decided against the admission of the evidence.

The history of the expedition in New York, as shown by the testimony, was briefly this:—Colonel Smith introduced Miranda to Ogden; and Ogden agreed to furnish his armed ship Leander, and to load her with the necessary provisions, stores, arms, and ammunition. He estimated his expenditure at seventy thousand dollars. Miranda had brought with him from London a bill of exchange on New York for eight hundred pounds, which had been paid, and had drawn bills on England and on Trinidad for seven thousand pounds, which had not been paid. This was all that Ogden had received. But if the enterprise were successful, he was to be paid two hundred per cent, advance on the ship and cargo. Smith had engaged fifteen or twenty officers, without informing them of the object of the expedition, but expressly stipulating in writing that they would not be employed against England or France, and giving them a general verbal assurance that they would speedily make their fortunes. In this he was sincere, for he took his son from college and sent him with Miranda. Smith had employed John Fink, a Bowery butcher, to engage men who could serve on horseback. Fink enlisted twenty-three at fifteen dollars a month, and fifteen more as a bounty. They were not to be taken out of the territory of the United States. Some of them were told that the President was raising a mounted guard; others, that they were to guard the mail from Washington to New Orleans. One of Fink's papers was shown on the trial, indorsed, "Muster-Roll for the President's Guard." Smith had furnished the bounty-money, but it did not appear that he had authorized these misrepresentations of Fink, who developed a talent in this business which forty years later would have made his fortune as an emigrant-runner. Abundant proofs of the purchase of military clothing, arms, powder, shot, and cannon were produced.

The Counsel for Colonel Smith, unable to get the connivance of the Administration before the Jury in the shape of evidence, coolly assumed it as established, and urged it in defence of their client. They used his memorial to Congress as their brief, enlarged upon the arbitrary conduct of the Judge in the examinations and upon the tyrannical interference of the President with their witnesses. As Mr. Emmet cleverly and classically remarked, quoting from Tacitus's description of the funeral of Junia, "Perhaps their very absence rendered them more decided witnesses in our favor." They also maintained that the Act of 1794, under which the prisoner was indicted, did not prohibit an enterprise of this character. Even if it did, no proof existed that this expedition was organized in New York. On the contrary, it was known that Miranda had gone hence to Jacquemel, and had made his preparations there, in a port out of our jurisdiction.

1On the Genzano side stands the castellated villa of the Cesarini Sforza, looking peacefully across the lake at the rival tower, which in the old baronial days it used to challenge,—and in its garden-pond you may see stately white swans oaring their way with rosy feet along.
2The better opinion of late seems to be that it was on the slopes of the Val d'Ariccia. But "who shall decide, when doctors disagree?"
3Judge Patterson, of the United States Court, occupied the bench with Judge Tallmadge, until ill-health obliged him to withdraw. He died soon after.