By inspection, we see, in the above table, the number of individuals in 10,000, who have passed any age above 5 years, in either of the countries named. It is remarkable, as we have already stated, that the longevity of either population—or, in other words, the age of the living population -is generally determined by the proportion under 5 years of age. The greater the number under 5 years, the fewer the number above 70 years. The United States, with 1,800 in 10,000 under 5 years, has only 145.2 above 70; Belgium, with 1,297 under 5, has 350 above 70. It will be seen that the same remark is partly true if we extend the comparison from 5 to 80 years, but it does not hold good if we go as far as 90 years. If we compare the ages intermediate between 5 and 70 years, the rule we have named holds good. Hence, as 70 years is the age-the extreme age-to which a sufficient portion of persons (in any given population) live, to affect the longevity of the whole mass in a constant manner, it appears to be, on that account, an excellent standard of longevity. Should we adopt 80 or 90 years, too few persons constantly reach these ages, to indicate the longevity of the mass. May not this be considered a beautiful proof of the accuracy of holy writ, when it declares that "the days of our years are three-score years and ten; and if, by reason of strength, they be four-score years, yet is their strength labor and sorrow; for it is soon cut off, and we fly away." If we adopt the proportion who are above 70 years, as the standard of longevity, it would appear that the longevity of Belgium is the greatest, and of Ireland the least, in the countries named in Table B. In Belgium there are, above 70 years,.. Difference,....... 350. 122.5 127.5 Let us now compare the climates of Belgium and Ireland. The statement is taken from an excellent table in the London edition of Kaemtz's Meteorology, p. 177, et seq. Ireland and Belgium have a temperature almost identical. From their latitude, they are within the same Isobarometrical curve-that is to say, the monthly oscillations of the barometer have the same mean, 27,07 m.m. in both countries, (Kaemtz, p. 299.) They are also within the same hyetographic region, (Kaemtz, p. 137.) They are both composed of primary and secondary formations, and are diversified by hill and dale, (Lyell.) We cannot, therefore, attribute the wide difference in the longevity of these two countries to a difference of climate. The cause of the difference in longevity is readily traced to the difference in the habits, or mode of living, which obtain in Ireland and Belgium. The most prominent of these differences is, that in Ireland, early marriages (which are most productive of increase) are frequent. In Belgium, "the greatest number of marriages, both of men and women, take place between their twenty-sixth and thirtieth years," (Quetelet on Man, p. 16.) M. Quetelet also shows that the children of early marriages are feebler, and less likely to reach a medium age, than the children of parents of riper years. This fact will explain the apparent anomaly that in Ireland the proportion under 5, and over 70, do not bear the constant ratio for which we have claimed the name of a rule. By reference to the table, (Table B.,) it will be seen that the longevity of Sweden is, to that of Belgium, as 282 to 350. In regard to the temperature of Belgium and Sweden, we can furnish only the records kept at Brussels for the former, and at Stockholm, Umea, and Upsal, for the latter. It is evident that the greatest difference between the temperature of Belgium and Sweden occurs in the winter; Sweden being 14° 58 colder than Belgium during the coldest month. It is also clear, from the difference of latitude, that the Swedes are exposed to a longer, as well as a colder winter, than the Belgians. The mean amplitude of the oscillations of the barometer in Stockholm, during the year, is 29,87m.m.; in Belgium,* 25,65 m.m.; which is copied from Kaemtz, p. 297. Kaemtz places Belgium and Sweden in different hyetographic regions, principally because in Belgium the Southwest, but in Sweden the East wind, brings rain with greatest frequency. Belgium and Sweden are principally composed of secondary formation, according to Lyell, who regards Belgium as having been submerged, and Sweden as in a state of upheaval. In regard to the institutions of these countries, we will quote Alison's Principles of Population, Vol. I. "The free spirit and mild government of the old Burgundian provinces, have produced their usual effect upon the character of the people, and the principle of population; while the increase of the people has been restrained within the bounds which the circumstances of society require. In every part of Flanders, the rural scene presents the most agreeable objects; fields covered by fruitful crops, meadows feeding numerous herds, neat and commodious farm-houses. "The bounty of nature is diffused in decent competence through the multitude that inhabits it; and the wholesome fare and neat dwellings of the laborer, attest that he receives his share of the riches with which na ture crowns his fields." P. 423. Brussels. "The condition of the people in the Scandinavian Peninsula, is in the highest degree prosperous and happy. "If you enter a Swedish cottage, it is with pleasure," says Catteau, "that you see the person that inhabits it. His food is simple, but substantial; his clothes, though coarse, are warm, and in good order; his dwelling, though rude, is clean and comfortable. Even in the remotest parts of the country, the symptoms of general comfort are to be found." P. 428. From the same author, and Quetelet, we gather that marriages are 1 to every 144, in Belgium; and 1 to every 110, in Sweden. Births are 1 to every 27, in Sweden; and 1 to every 30 inhabitants, in Belgium. The deaths, in Belgium, in 1829-30-31, were 1 to every 43 inhabitants; in Sweden, from 1754 to 1768, there was 1 death to every 34; from 1821 to 1825, only 1 in 45. The population of Belgium, is stated by Alison to be 507 to the square mile; of Sweden, only 14 to the square mile. The latter statement is not strictly true; because three-fourths of the Swedes, according to Malte Brun, dwell in Goetland, which is only one-third of the entire territory. From this careful comparison of the two kingdoms, it appears that the institutions, and the modes of living, are nearly identical in both. The only marked difference between them, is a difference of climate. Sweden is 10° 62 colder the year round; and 14° 58 colder in the coldest month, than Belgium. Even the summer heat in Sweden is lower in temperature than in Flanders. It appears, also, that the rain-bearing winds come from different directions; in Belgium, the balmy south wind, tempered by the ocean; in Sweden, the chilling and unhealthy east wind, comes freighted with rain and moisture. Since this difference in climate is almost the only difference in the circumstances affecting life, which we find between Sweden and Belgium, it is a fair inference that the difference in longevity arises from the same cause. A difference of 10° 62, or a climate 10° 62 colder, has made the longevity of Sweden, less than the longevity of Belgium. That is, 350 10000 63 68 10000 This view, that an extremely cold climate is unfavorable to longevity, receives some confirmation from the following table, which we copy from Quetelet's "Recherches sur la Reproduction et la Mortalité de l'homme aux différens ages, et sur la population de la Belgique." He gives the table "in order that we may ascertain at what ages extreme heat or extreme cold is most to be feared"—(p. 75.) "It results from these numbers that the influence of the seasons is extremely pronounced (extremement prononcée) according to the different ages. The still-births in January and July, are in the ratio of 4 to 5. But it is at the moment that the infant commences to see the light, that the influence of the seasons makes itself vividly distinct; so that, for two children who die in January, only one dies in July. This mortality, so great in winter, diminishes, so as to become almost indistinct, at the 12th year. After that age, and about puberty, and the following years, the vital heat develops itself so abundantly, that it is only the heat of summer against which the young man should provide (redouter.) About the epoch of marriage, (26 to 30 years,) and during reproduction, the influence of the seasons is almost null. Winter again commences its direful influence about the 40th year; and its effects are so sensible, that after the age of 65 years, the cold is as much to be feared by the aged, as by the newly born; it has the same disastrous effect after 90 years, when two or three aged persons die in January for only one in July" (p. 76.) "The numbers in the last column may be regarded as an expression of the amount of vital heat which man possesses, at different ages"—(p. 76.) These remarks of Quetelet, are beautifully illustrated by comparing the populations of Sweden and Belgium in Table B. From the 10th to the 40th year the Swedes are most numerous; after the 40th year, the Belgians take the lead. The winter of Belgium is but 36° 50 ;* and if Quetelet's views are correct, it would follow, from apparently fixed laws of the human frame, that towards 60 to 65 years, as a general rule, it is not capable of resisting the long duration of cold, common to hyperborean winters. The famed, we had almost said the fabled, longevity of individuals among the Russians, makes no exception to this law. The absolute condition of the mass of the Russians, is slavery-in all times, and in all places, a condition of depression, and therefore productive of centenarians :-Add the additional depression of rigor of climate, and difficulty of intercommunication,† and we have the circumstances most likely to produce centenarians, at the expense of the length of the life of the masses. What with the hunger, the slavery and the cold, the wonder is-not that individual cases of extreme old age should occur, but that these ancient Russ, once seasoned, should ever die! Whether we look at the result of carefully compared statistics, or whether we look at the vital forces of the human frame, we have abundant evidence that climates of a persistent low temperature-the long duration of cold— unquestionably diminish the longevity of mankind. The aged frame, no longer developing a sufficient supply of vital heat, and unable to support the rapid combustion, is literally "consumed, and flies away!" * When not otherwise marked, the degrees of heat are according to Fahrenheit. + Dr. Baird, in his lecture on Russia, stated that the inhabitants of whole provinces sometimes perish, in winter, because the state of the roads makes it impossible to convey provisions to them. Art. III.-COUNTERFEITING MARKS AND NAMES ON MERCHANDISE. ON THE COUNTERFEITING OF THE MARKS AND NAMES OF TRADESMEN UPON GOODS, AND THE SELLING THEM AS GENUINE. FOREIGN merchants have set the blameable example of making up, or causing to be made up, for the American market, large quantities of goods which bear counterfeit marks and names; and our manufacturers are profiting by it, and taking a similar course. The consequences, and probable result of such forgery-for forgery, in a very mean shape, it is-can hardly have occurred to those who are guilty. He who counterfeits my name to a note, may make one innocent man suffer; but he who truly, in this sense, robs me of my good name, injures all to whom he sells; he may ruin me, while he certainly lays himself open to be looked at as a forger without imprisonment, and a liar among his debtors. And yet, although the law may not give him the jail, it will stop him peremptorily; it will leave its "mark" upon his character, and give me damages, and all the profit which he, by the use of my honest name and fame, and his bad goods, has obtained from confiding buyers. He shall not, as the courts have said, trade under another man's flag. An exposition of the principles which the courts of law and equity have laid down on the subject, cannot but be interesting to the merchant. The earliest case in the English books, is one that was decided in the time of Elizabeth,* and is thus reported: "An action upon the case was brought in the Common Pleas by a clothier; that, whereas he had gained great reputation for his making of his cloth, by reason whereof he had great utterance, to his great benefit and profit; and that he used to set his mark to his cloth, whereby it should be known to be his cloth; and another clothier foreseeing it, used the same mark to his ill-made cloth, on purpose to deceive him; and it was resolved that the action did lie." It is not the mere making and using of a sign or mark, similar to the mark or sign of another, that is legally objectionable; for, as it has been said by Chancellor Walworth, there is no patent right in names;† while the English Judge Cresswell has observed, that the mere use of a similar mark will give no right of action-that a man can have no abstract right to use a particular mark.‡ The wrong, as was observed by Lord Hardwicke, as far back as the year 1742, consists in the making or doing the act with a fraudulent design to put off bad goods, or draw away customers.§ We now proceed to give an exposition of the different cases : I. A COURT OF CHANCERY WILL INTERFERE, EVEN WHEN THE MARKS OR NAMES ARE NOT PRECISELY SIMILAR, PROVIDED THEY ARE MADE IN SUCH A MANNER AS TO FORM OR BE A COLORABLE IMITATION. The strongest case to show this, is one relating to the running of omnibuses in London. An association of persons had started omnibuses to run from Paddington to the Bank of England, having on them the words, * Southern v. How, Popham's Reports, 144. + Bell v. Locke, 8 Paige's C. R., 75. Crawshay v. Thompson, 4 Manning and Granger, 386. Knott v. Morgan, 2 Keen's R., 213. |