Images de page

where they have been committed, it provides certain processes for immediate prevention, in case of a violent and unauthorized invasion of property or person, Of this character are the processes on complaint for forcible entry on real estate, the action of replevin in respect to goods and chattels, and the writ de homine replegiando, or writ of habeas corpus, in respect to the person. The writ de homine replegiando is similar to that of replevin, and is, in fact, as its name imports, the replevying of a man. When a man's person has been carried out of the country, so that he cannot be found, then a process takes place somewhat similar to that adopted when goods are carried off, so as not to be repleviable. In the case of the goods, a process in withernam issues, by which other goods are taken. So in the case of the man; the person who thus conveyed him away, is himself taken in a process in withernam, as a pledge for the restoration of the person sought to be replevied. This process of replevying a man is very ancient in the English law; forms of the writ being given by Fitzher bert, and also found in the Register of Writs. But it was not until more than 400 years after the date of magna charta, that an adequate remedy was adopted, whereby the great privilege, provided for in that charter, was effectually secured, This security was effected by the habeas corpus act, passed in the thirty-first year of Charles II, c. 2, which has been adopted, in substance, in all the U. States; and many of the state constitutions expressly guaranty to the citizens the right to this writ, as one of the fundamental principles of the government; and by the constitution of the U. States, the privilege of this writ is secured, at all times, except in cases of rebellion or invasion, when the public safety may require its suspension. The right is liable to be suspended in England in the same cases, it being some times necessary to clothe the executive with an extraordinary power, as the Romans were in the habit of choosing a dietator in emergencies, when the public was in danger. This, as sir William Blackstone says, is the sacrifice of the security of personal liberty for a time, the more effectually to secure it in future. At all times, when the privilege is not suspended by law, every citizen has a right to this writ. It is, however, to no purpose that the party should be brought before a judge, on habeas corpus, to be immediately remanded to prison. The laws, accordingly, except certain cases; thus the laws of

New York provide, that if a person is not a convict, or in execution by legal process, or committed for treason or felony, plainly expressed in the warrant, and has not neglected to apply to be released for two whole terms, he is entitled to this writ. An application may be made to a judge, either in court or out of court, for this writ; and if it does not appear that the person is imprisoned under some of the circumstances above-named, or, if it be in some other state than New York, if it does not appear to the judge, that his case comes under some of the exceptions provided by the law of the state (and the laws except only the plainest cases), then it is the absolute duty of the judge to grant the writ, directed to the gaoler, officer or person who detains the complainant, ordering him to bring the prisoner before him. The laws of England provide, that, if the chancellor or any of the 12 judges refuses the writ when the party is entitled to it, he incurs a very heavy forfeiture to the complainant. It is universally, in the U. States, the imperative duty of the judge to order the complainant to be immediately brought before him, unless his case plainly comes within one of the exceptions pointed out by the law. The party being thus brought up, the judge determines whether he is entitled to be discharged, absolutely, or to be discharged on giving a certain bail, or must be remanded to prison. If the imprisonment is wholly unauthorized, the complainant is discharged; if it be not unauthorized, but is yet for a cause in which the party is entitled to be discharged on giving bail, the judge orders accordingly. This is the writ which is justly denominated the great bulwark and second magna charta of British liberty. And it is no less the bulwark of American than of British liberty; for it not only protects the citizen from unlawful imprisonment, at the suggestion of the civil officers of the government, in behalf of the public, but also against groundless arrests at the suit or instigation of individuals. There are other writs of habeas corpus, but the one we have described is always intended when the terms are used without explanation.

HABITATION. (See Domicil, Appendix to vol. iv, page 613; also Dwelling.)

HACHE D'ARMES (French); the battleaxe, or mace, of the knights.

HACIENDA (Spanish); a farm, singly situated; also public revenue.

HACKBERRY, or Hoop ASH (celtis crassifolia), is a western tree, abundant in the basin of the Ohio and beyond the Missis

sippi, and occurring sometimes on the eastern slope of the Alleghanies, especially in the basins of the Susquehanna and Potomac. It grows to a great height, but the thickness of the trunk is not proportional. The leaves, which are not unlike those of the mulberry, are larger than in the other species of nettle-tree, ovate and acuminate; the small white flowers are succeeded by one-seeded berries, of a black color, and resembling peas in size and shape. The wood, on account of its aptitude to decay, is little used, but is said to make very fine charcoal.

HACKERT, Philip; a distinguished German landscape-painter, born at Prentzlow, in the Ukermark, in 1737, died at Florence, 1806. His four younger brothers were also distinguished in the arts, three of them in painting, and one (George) in engraying. In 1768, Philip Hackert went to Italy. On his return from Naples (in 1770) to Rome, Catharine, empress of Russia, employed him to paint six pictures representing the two battles of Tschesme. These laid the foundation of his fame. In order to enable the artist to form a correct notion of the explosion of a vessel, count Orloff caused a Russian frigate to be blown up in his presence. The singularity of this model, many months before spoken of in all the European papers, contributed not a little to increase the fame of the picture. In 1782, he was presented to Ferdinand, king of Naples, whose favor he soon gained. In 1786, he received an appointment in Naples. When the revolutionary wars broke out, being considered by the royalists as a republican, and by the French as a royalist, he was obliged to retire to Florence, where he died in 1806. His forte lay in painting scenes. To originality of composition his pictures have no claim. He was also skilful in restoring pictures, as appears by his letter to lord Hamilton, Sull' uso della vernice nella pittura (1788). He communicated fragments to Göthe, on landscape painting, who published Ph. Hackert's Biographische Skizze, meist nach dessen eignen Aufsätzen. This work contains anecdotes of king Ferdinand, such as his formal distribution of pieces of wild boar's flesh among his favorites, according to their rank, and other stories of the same sort, illustrating the imbecility of the Neapolitan court, depicted, likewise, in Collingwood's Letters.

HACKMATACK; a term applied, in many parts of the United States, to the American larch. (See Larch.)

HACKNEY; a large and populous village

and parish of England, in Middlesex, two miles from London, to which it is joined by several new rows and streets. It has a receptacle for lunatics. St. John's palace, an ancient house in Well's street, now let out in tenements to poor families, is believed to have been the residence of the prior of the order of St. John of Jerusalem. In this parish, south of Seabridge, are the Temple mills, once belonging to the knights Templars. Population 22,494.

HACKNEY; a horse kept to let. This term in England is often shortened into hack.-Hackney coach; a coach kept to let. In the United States, such coaches are commonly called hacks. Hackney coaches began first to ply, under this name, in London, in 1625, when they were twenty in number. (See Coaches.)

HADDOCK (gadus æglefinus). This fish appears in such shoals as to cover a tract of many miles, keeping near the shore. In stormy weather, they will not take the bait. The fishermen assert, that they then bury themselves in the mud, and thus shelter themselves till the agitation of the water has ceased. In proof of this, they allege that those which are taken immediately after a storm are covered with mud upon the back. The common size of the haddock is 12 inches. It has a brown back, a silvery belly, and a black lateral line. On each side, about the middle, is a large black spot, the prints, as is superstitiously believed, of the finger and thumb of St. Peter, when he took the tribute money from its mouth; but, unfortunately, the haddock is not the only fish thus distinguished. It derives its specific name from eaglefin, which was anciently its common appellation.

HADES. (See Pluto.)

HADJY; the title of a Mohammedan who performs a pilgrimage to Mecca-2 religious act, which every true believer is directed to perform, at least, once. Hadj is the name of the celebration which takes place on the arrival of the caravans of pilgrims at Mecca. (For an account of it, see the article Arafat.) A very interesting description of the hadj, and the numberless pilgrims, together with Mecca and the Caaba, is to be found in Burckhardt's Travels (2 vols. 4to., London).

HADLEY, John, vice-president of the royal society of London, who (in 1731) is said to have invented the reflecting quadrant. The invention is also attributed to Thomas Godfrey, of Philadelphia. (See Godfrey.) HADRIATIC. (See Adriatic.)

HEMA (from the Greek alpa, blood); a word which appears in a great number of

scientific compounds, particularly in botany, mineralogy and medicine.

HEMATICS (from aipa, Greek, the blood); the branch of physiology which treats of the blood.

HEMATITE, Red, and Brown. (See Iron, Ores of.)

HEMUS, in ancient geography; a chain of mountains running eastwardly from the ancient Orbelus to the Pontus Euxinus, and separating Moesia from Thrace. It terminated in a cape on the Black sea, called Hami Extrema, at present Eminetagh. The modern name of the Hæmus is Balkan. (q. v.) Fable derives this name from Hamus, king of Thrace, who, considering himself equal to Jupiter, was changed, with his wife, who compared herself to Juno, into this mountain.

HENKE, Thaddeus, a Bohemian natural philosopher and traveller, was invited by the Spanish government to accompany Malaspina on his voyage round the world, in 1789. He arrived at Cadiz 24 hours after the expedition had set sail. He followed it in the next vessel that sailed to the river Plata, but was wrecked on the coast of Montevideo. Hænke swam safe ashore, with his Linnæus and his papers in his cap; and, finding that the expedition had already set sail, he determined to seek captain Malaspina in St. Jago, by crossing the Andes. Without any knowledge of the language of the country, and without any assistance, this courageous predecessor of Humboldt surmounted all obstacles, and succeeded in joining Malaspina. Hænke never returned to Europe; he died in America, perhaps purposely detained. The royal Bohemian national museum possesses his collections of natural history. It published at Prague, in 1825, Reliquia Hankeana, seu Descriptiones et Icones Plantarum quæ in America Merid. et Boreali, in Insulis Philippinis et Marianis collegit Thaddeus Hænke (with 12 engravings).

HAFF, an antiquated German word, signifying the sea, and also a large bay, which appears in geographical names, as Curische-Haff. Havre, in French, as Havre de Grace, is derived from it; and havn, in the Danish, Kiæbenhavn (Copenhagen), port of merchants, is connected with it; as are also the Swedish ham or hamn,signifying port, as in Friedrichsham (Frederic's port), the English haven, and the German hafen. HAFIZ, or HAFEZ, Mohammed Schemseddin, one of the most celebrated and most charming poets of Persia, was born at the beginning of the 14th century; studied theology and law, sciences which, in Mo

hammedan countries, are intimately connected with each other. The surname Hafiz was given him because he knew the Koran by heart. He preferred independent poverty, as a dervise, to a life at court, whither he was often invited by sultan Ahmed, who earnestly pressed him to visit Bagdad. He became a sheik, or chief of a fraternity of dervises, and died, probably at Shiraz, in 1389, where a sepulchral monument was erected to him, which has been often described by travellers; but, in October, 1825, an earthquake at Shiraz destroyed, among many other buildings, the monument of Hafiz, together with that of the celebrated Sadi. Some idea of his style and sentiments may be obtained through the medium of translations. Sir William Jones published translations of two of his odes, which are extremely beautiful; besides which, may be noticed Nott's Select Odes of Hafiz, translated into English Verse, with the Original Text (1787, 4to.), and Hindley's Persian Lyrics, from the Divan-I-Hafiz, with Paraphrases in Verse and Prose (1800, 4to.) The songs of Hafiz were collected into a divan, after his death, which was published complete (Calcutta, 1791), and translated into German by the celebrated Orientalist von Hammer (2 vols., Stuttgard, 1812-1815). The poems of Hafiz are distinguished for sprightliness and Anacreontic festivity. He is not unfrequently loud in praise of wine, love and pleasure. Some writers have sought a mystic meaning in these verses. Feridoun, Sururi, Sadi and others, have attempted to explain what they supposed to be the hidden sense.

[ocr errors]

HAGAR (i. e., the stranger); an Egyptian slave in Abraham's house. She was presented, by her mistress Sarah, to Abraham, in order that Abraham might not die without descendants, Sarah herself being barren. Hagar bore Ishmael; but Surah soon became jealous of her, and treated her severely. Hagar fled, but afterwards returned, and, when Sarah bore Isaac, was sent away by Abraham, who, the Bible informs us, had received a divine order to dismiss her. She suffered much distress in the desert, but was relieved by an angel, and married her son to an Egyptian woman. (Gen. i, 16, 21.) Saint Paul makes her the allegorical representation of the Israelites, who were deprived of any participation in the gospel, as she with her son did not inherit any thing from Abraham. (Gal. iv. 21.)

HAGEDORN, Frederic von, a German poet, native of Hamburg, was born in 1708. He received a good education, and dis

played talents for poetry when young; but, becoming an orphan at the age of 14, he found himself dependent on his own exertions for support. He, however, continued studying in the gymnasium at Hamburg, till 1726, when he removed to the university at Jena, as a law student. In 1729, he published a small collection of poems; and the same year he went to London, in the suite of the Danish ambassador, baron von Solenthal, with whom he resided till 1731. He obtained, in 1733, the appointment of secretary to the English factory at Hamburg, which placed him in easy circumstances. It was not till 1738 that he again appeared before the public as an author, when he printed the first book of his Fables, which were much admired. In 1740, he published the Man of Letters, and, in 1743, his celebrated poem On Happiness, which established his reputation as a moral writer. The second book of his Fables appeared in 1750; and he afterwards produced many lyric pieces in the style of Prior. He died of dropsy in 1754. Wieland, in the preface to his poetical works, terms him the German Horace. HAGEN, Frederic Henry von der,professor in the university of Berlin, was born Feb. 19, 1780, at Schmiedeberg, in the Ukermark. In his 18th year, he went to Halle to study law, but Wolf's lectures won him over to the belles-lettres, in the study of which he was still more confirmed by the turn which German literature received from Schiller, Göthe, Novalis, Tieck. In 1807, Hagen published, in Berlin, a collection of old popular songs. On his travels, he became acquainted with many of the most eminent literati, and particularly Eschenburg, who liberally permitted him to make use of his important collections. In 1808, he published, with Büsching, German Poems of the Middle Ages (1 vol., 4to.); in 1809, Das Buch der Liebe, a collection of old German tales, in prose; 1809-1812, the Museum für alldeutsche Literatur und Kunst, in connexion with several other literati. In 1810, he was appointed professor of the German language and literature, at the new university of Berlin. In 1812, he published, with Büsching, the Grundriss zur Geschichte der altdeutschen Dichtkunst, and lectured on the Nibelungenlied. In 1811, he was appointed professor in Breslau. At a later period, he lectured on the old German and northern mythology; but his most important work was a new edition of the Heldenbuch. (q. v.) In 1812, he published a collection of the songs of the Edda; and, afterwards, a body of old northern Sagas; and, in 1814

-1815, translations of the Wilkina and Niflunga Saga (originally taken from the German), and of the Wolsunga Saga. He then travelled in Italy and the south of Germany, partly in company with professor Raumer, the historian. In 1820, he published his 3d edition of the Nibelungenlied. In 1823, he went to Paris, to make use of the manuscripts of the Manessean collection of 140 old German poets. In 1824, he was again appointed professor at Berlint. He has published numerous other works illustrative of old German literature.

HAGER,Joseph; born about 1750,at Milan. of a German family; a distinguished Orientalist, professor of the Oriental languages in the university of Pavia. He first distinguished himself in the literary world by the discovery of the fraud of a Sicilian monk, named Vella, who had attempted to impose on the court of Palermo by some forged documents relative to the history of Sicily. Hager left Palermo for England, where he in vain endeavored to excite the attention of the public in favor of his researches concerning Chinese literature. His pretensions as an Oriental scholar were questioned by doctor Antonio Montucci, an Italian resident in that country, who was engaged in similar pursuits. Hager published an Explanation of the elementary Characters of the Chinese, with an Analysis of their Symbols and Hieroglyphics (London, 1801, folio), and a Dissertation on the newly-discov ered Babylonian Inscriptions (1801, 4to.). He then went to Paris, where he produced the following works: the Monument of Yu, the most ancient Inscription in China (1802, folio); a Description of the Chinese Medals in the imperial Cabinet of France (1805, 4to.); the Chinese Pantheon, or a Comparison of the religious Rites of the Greeks with those of the Chinese (1806, 4to.). From Paris Hager removed to Milan, where he published, in Italian, Illustrations of an Oriental Zodiac, preserved in the Cabinet of Medals at Paris, and which was discovered near the Site of ancient Babylon (1812, folio). In his Miniere, he intended to show that the Turks were formerly connected with the Chinese. His Observations on the Resemblance between the Language of the Russians and that of the Romans (Milan, 1817), is full of hypotheses. Julius Klap roth has shown that Hager's works, though they have great merit, contain gross mistakes. He died at Milan, June 27, 1820.

HAGERSTOWN; a post-town of Maryland, and capital of the county of Wash

ington, on Antietam creek, 69 miles N. W. of Washington, 71 W. by N. of Baltimore; population, in 1820, 2690. (For the population in 1830, see United States.) It is a pleasant and flourishing town, regularly laid out and well built, a great part of the houses being of brick or stone. It is situated in a fertile and well cultivated tract of country, which is one of the best districts in the U. States for raising wheat. The town contains a court-house, a jail, a town-house, a masonic hall, an academy, and five houses of public worship, for German Lutherans, German Calvinists, Episcopalians, Roman Catholics, and Methodists, one each.

HAGGAI; one of the minor prophets, who, immediately after the return of the Jews from exile, urged the rebuilding of the temple, as a condition of the divine blessing for the new state. (Ezra v. 12; V. 4.) He therefore lived in the time of Darius Hystaspes, Ezra and Zacharias. Some critics have thought that the writings now bearing his name are only summaries of his works, because, they say, they show a poverty of ideas and imagination. The best modern edition of Haggai is in Rosenmüller's Schol. in Vet. Test., p. 7, vol. iv, where the former commentaries are also to be found.

HAGIOGRAPHA (ytos, holy). The Jews divide the Old Testament into three parts: 1. the law, which comprehends the five books of Moses; 2. the prophets;, and, 3. the writings termed by them Cetubim, and by the Greeks Hagiographa, whence the word has been introduced into the English language. The Cetubim comprehended the books of Psalms, Proverbs, Job, Daniel, Ezra, Nehemiah, Chronicles, Ruth, Lamentations, Ecclesiastes, and Esther. The Hagiographa were distinguished from the prophecies, because the matter contained in them was not rereived by the way of prophecy, but simply by direction of the Spirit.

HAGUE, THE (German, Haag; Dutch, Gravenhage); a beautiful town in South Holland, 10 miles S. S. W. Leyden, and 30 S. W. Amsterdam, and nearly 3 from the sea-coast. It yields to few cities in Europe in the beauty of its streets, the stateliness of its buildings, and the pleasantness of its situation. The principal streets of the Hague are wide, straight and handsome. There are here six squares and a fine park, all of which form pleasEnt promenades. Of the public buildings, the old palace is an enormous pile, presenting specimens of almost every species of architecture. The mansion of the fam12


ily of Bentinck, that of prince Maurice, and the new palace begun by William III, are all deserving of attention. The number of churches is 14; and there are also several charitable institutions. The greatest defect in this pleasant town arises from the neglect of the canals, several of which are stagnant, and emit a disagreeable smell, which forms a strange contrast to the general cleanliness of the place. On the south-east of the Hague, at a distance of about a mile and a half, is the castle of Ryswick, which gave its name to the well known treaty of 1697. The Hague became, in 1250, the residence of the governors or counts of Holland. It suffered greatly in its importance after the erection of Holland into a kingdom by Bonaparte. Before the late revolution, it was, alternately with Brussels, the residence of the king and place of meeting of the states. (See Netherlands.) Population, 44,000.

HAHN, Philip Matthew, a celebrated mechanical genius, born in 1739, at Scharnhausen, was fond, when a very young boy, of making experiments with sun-dials. In his 13th year, finding in his father's library an account of the mode of constructing them, he immediately set about making one. At the age of 17, he went to the university of Tübingen, where he spent his leisure hours in making sun-dials and speaking-trumpets, grinding glasses, &c. To learn the construction of watches, he lived upon bread and water till he had saved money enough to enable him to purchase one. He continued his labors with unremitting assiduity, and eventually produced works of great ingenuity; as, a clock showing the course of the earth and the other planets, as well as that of the moon and the other satellites, and their eccentricities; a calculating machine; and many others. He died in 1790.

HAHNEMANN, Samuel Christian Frederic, doctor of medicine, and counsellor of the duke of Anhalt-Cothen, was born April 10, 1755, at Meissen, in Saxony. His father educated him with much care. While at the university of Leipsic, Hahnemann was obliged to support himself by translating English medical books, and thus even provided himself with means to continue his medical studies at Vienna. After a year's residence in this city, he was appointed physician, librarian and superintendent of a museum of coins, by baron von Brückenthal, governor of Transylvania. After some years, he returned to Germany, studied another year in Erlangen, and took his degree of doctor of physic in 1779, on which occasion he de

« PrécédentContinuer »