I.

'Tis May; and, like a golden veil, the sun

Spreads o'er the earth, as if an angel smiled!
Even flowers in lonely churchyards have begun
To ope forgotten buds serenely mild;
Alike they grace the mother and the child,
However humble was their lot on earth.

And thus the mourners have their grief beguiled
While gazing on the lost who gave them birth.
Now Summer smiles o'er mountain, vale, and firth,
And all is glad, except the soul within
That dare not join sweet Nature in her mirth-
Ruled still by want, or woe, or hideous sin.

I feel as I could fly like something wild.

O, blessed month! thou art fair Summer's child!

II.

How fresh the landscape, even near the town,
Just like a youthful bride for Hymen dress'd;
The stains of commerce have made nothing brown;
The solar rays have not yet warmly press'd
The juicy sprouts within their scorching breast,
But all is sparkling green of purest hue;

And, looking from the eastward to the west,
We see each blade hung with prismatic dew-
That heavenly nectar, which does but renew

The opening lips of every fragile flower,
Making them seem more beautifully true,
And give high odour at meridian hour.
Nothing is fading-Death has not begun
O'er the sweet face of the wide world to run.

ANDREW PARK.

STANZAS TO NIAGARA,

Written in the Pavilion Hotel, which overlooks the "Great Horse-shoe Fall," September, 1848.

NIAGARA! fierce, roaring flood, *
The Indian named thee well;
His uncouth tongue fit word supplies
To wake thy rugged spell.
Niagara!-though harsh the term→→
May grate on polished ear;
To view thy mist-enshrouded form,
Earth's noblest sons come near.
For, 'mid phenomena sublime,
Thou, proudly, art alone!

Thy headlong mass can science gauge,
Or tell the years now flown?
Since first thy waters cleft their way
From Queenstown's rocky height,†
Or downward burst, from Erie's shore,
In overwhelming might ?

Can skilled geologist disclose

How long thy voice was hushed

In chaos ere Heaven spake the word,

And, deluge-like, thou rushed

To meet old Ocean, and prepare

A home for man on earth;

Draining dark swamps, where monsters plunged,

And played in horrid mirth!

Ah no! thousands of years had rolled

Oblivious o'er thine head

Ere light dispelled primeval gloom,
And on thy crescent shed

In

* In the language of the Indian tribes of North America,|| the word Niagara signifies fierce, roaring, tearing" river! many cases the language of the "red man" is elevated and deseriptive in the highest degree. How beautifully appropriate, for instance, is the term "Mississippi," signifying the "Father of Waters!"

The celebrated Falls of Niagara occur on the river of that name, nearly half-way between Lakes Erie and Ontario. Flowing from Lake Erie, it drains the great inland seas of North America, and the immense backgrounds extending thousands of miles beyond. The distance between the two lakes is thirty-seven miles. The level of Lake Erie, above Lake Ontario, is said to be 335 feet, forming the whole descent of the river. At Queenstown, seven miles above Lake Ontario, and an equal distance below the Falls, where the northern terrace or mountain ridge crosses the course of the river, the height of the bank is about 310 feet. The Falls, by many scientific men, are supposed to have been at one time as far down as the brow of this terrace, and must have Worn their way gradually through the rocks up to their present situation. A celebrated geologist has affirmed recently that a period of several hundred thousand years must have elapsed before this could have been accomplished through the agency at present in operation. The awful chasm of Niagara is about seven miles in length, and from half-a-mile to one-eighth in breadth, and from 200 to 300 feet in depth-the river, like an

Her many-coloured hues, and spanned

Thy gorge with triple bow-
Emblem of peace!-God's handiwork
Traced on thine hoary brow!
Within His temple, day and night,
His praise thou soundest far-
'Bove peal of Heaven's artillery,
Or crash of demon war!

From yawning gulf-mysterious!-
Aloft, in azure sky,

Like incense-cloud, thy spray ascends
In wild sublimity!

More wondrous still-thy mystic frown
Strikes dumb, in human breast,

Those passions ever warring there,
Incapable of rest.

"Twere well if man-poor, transient thing!

Taming unhallowed ire, §

Would calm pursue his chequered way

Till age quench Nature's fire,

Waiting that consummation dread,
Decreed long since by Heaven,
When, by fierce elements let loose,
This orb, asunder riven,

In lurid flames shall burst, no more

Will thy proud, thundering wave

Then shake the earth, but darkness brood
O'er Niagara's grave!

immense monster, writhing and foaming in its deep rock-bound
channel, as if suffering intense agony. The width of the river
above the Falls is from one-and-a-half to two miles, while at the
whirlpool, three miles below the cascade, it is contracted to
three hundred feet. Here the noise is terrific, and the current
so awfully rapid that it is elevated, in the middle, ten feet above
the level of its edge.

The rays of the sun falling on the spray, which rises perpetually from the gulph of the cataract, forms generally no less than three beautifully-defined rainbows, the highest of which assumes the picturesque form of an arch broken in the centre, caused by the intervention of Goat Island; the next in entire brilliancy and form spans the gorge of the Horse-Shoe Fall, resting on Table Rock and Goat Island; the lowest, in golden splendour founds one extremity of its visionary fabric on the walls of the chasm, while the other dances in fairy brightness on the blue mass of the mighty waterfall, forming a combination of the sublime and beautiful which language cannot describe.

§ Several severe engagements during the last war, 1812, took place on the banks of the Niagara, between the British and the Americans. At the battle on Queenstown heights, where General Brocke fell, many of the American troops were driven by a bayonet charge over the awful precipice into the boiling flood below; and some were shot and bayoneted as they held on by the trees to save themselves from the terrible fate which speedily

overtook them!

ALLEGED DEFECTS OF LIFE ASSURANCE.

on the next page, and we quote it, in the meantime, without remarks:

"By the policy, the assured undertakes to pay the premium regularly, and the company to pay the stipulated sum, three months after the death of the assured; provided that 'every statement, declaration, and all testimonials and documents addressed to, or deposited with the company, in relation to the assurance, shall be found to be in all respects true.' It is further declared that these statements shall be held as warranted, and taken as the basis of the contract, and that the policy shall be void, if any important information has been omitted.'

SOME time since, we published a number of articles on Life Assurance. The series was stopped by the French Revolution, and other heavy matters incidental to the past year, which occupied our pages. Articles on Life Assurance are necessarily heavy and dull, for the public are only beginning to feel an interest in the subject, while periodicals of limited space can only devote a certain number of pages to topics of this character. One object was, however, so far successful, for a number of individuals were induced to examine the system of Life Assurance, and to adopt its benefits. By gradual steps only can these advantages be generally brought into use; and yet we believe the time is not distant when the number of lives on which insurances shall be effected will greatly exceed the expectations now of the most sanguine. We have always mentioned difficulties in the way of its universal adoption that might and should be removed. To them we are not at present to revert, but our attention has been directed to a pamphlet, which contains several direct and important charges against the practice of some societies, and the general form of policies. The pamphlet, entitled "Defects of Life Assurances," is published by Messrs. Orr and Co., of London; and has been written with the obvious purpose of promoting the objects of one society; but these objects may be laudable. The writer gives a short history of Life Assurance, attacks the proprietary societies, and then proceeds to the primary object of his pamph-sponsibility, it follows that the obligation undertaken by let. He states:-

"The progress of Life Assurance has unfortunately been much retarded by disputes and lawsuits. Vexatious delays in the settlement of claims, extorted compromises, and protracted litigations, have had the effect of deterring many persons from resorting to Life Policies as provisions for families, or as securities in pecuniary trasactions; and it is the object of the following observations to point out the risks to which the assured are exposed, by the present method of conducting Life Assurance business, and an ade quate remedy. And for that purpose, it is necessary to consider the terms and nature of the contract or policy, between the assuring parties and the assured, as heretofore prepared and acted upon."

"The effect of these clauses, and the important conse quences resulting from them, have been determined by decisions of the courts of law; and it is now settled, as we writers, and authors of repute that if in the statements reshall show by references to decided cases, institutional ferred to, and which are declared to be the basis of the contract, and to form matters of warranty, any fact, whether material or immaterial, has been erroneously stated, whether intentionally or not; or if any information considered important has been omitted to be communicated, although the party applied to for information did not consider the void; and all premiums paid become forfeited to the comomitted fact to be of the slightest importance, the policy is pany. We shall find that it is not enough that the written proposal and declaration made by the assured, are unobjectionable. The friend's report and that of the medical referee, and all statements made by the person whose life is the subject of assurance, are regarded in the eye of law as statements of the assured party, although he neither wrote them, nor had an opportunity of seeing them. The policy is so prepared that the assured enters into a positive en gagement that all these statements are in point of fact strictly and literally true, whether he was aware of them of Such an engagement being, in legal language, a wer ranty; and the effect of a warranty being to render the facts alleged in it, a condition precedent of the assurer's re the office is only effectual, if,' and 'in the event that, each of the many statements, whether material or of no impor tance, is literally as it has been represented."

not.

The author quotes a number of legal authorities and of decisions in support of this view, which he establishes on too valid grounds. The injustice of rendering an insurer liable for the statements of his referees and medical adviser, as he is presumed never to see them, and in honour, never should desire to see or to know the terms of their answers, is apparent. The probability of wilful fraud in life insurance is certainly small, for few men are so thoroughly hardened as to plan deliberately the means of robbery after their death, and of commit. "These several documents-viz., the proposal, the re-ting fraud even in the grave. The probability of ports of the private medical adviser, and friend, the statement made to the company's medical adviser, and his report, generally contain upwards of two hundred interrogatories and answers: many of them being repetitions of the same question; some of them relating to matters of fact of which the parties are cognisant; most of them to circumstances of which the persons applied to can have obtained

After describing the mode of proceeding, he adds:

a knowledge only by hearsay or collateral evidence; and

many of them are mere matters of opinion, as to which different persons may have different notions; and to the questions relating to such matters, it may be expected that the answers from the several persons, the proposer, the friend, the medical attendant, and the company's medical examiner, will not all be in unison. These papers being completed, and the premium paid, the policy is granted, and the assurance is supposed to be complete.

There is a variety of expression to be found in the policies of different offices, and while, in some, the whole import of the agreement between the assuring and assured, may be gathered from the policy itself, it is the more common practice to make reference in the policy to the origi nal proposal and other documents. There is, however, little or no difference, as to the legal construction to be put upon policies, as prepared by different offices."

The most serious part of the pamphlet stands

such events is so small, that we scarcely can perceive the propriety of retaining this clause against fraud. The companies can make inquiries before the policy is issued; they can make their own terms in every respect; but when they have accepted money, and permitted arrangements to be formed on an engagement of this character, they should not be allowed the power of opening the transaction, unless against obvious fraud.

We believe the conduct of insurance companies is generally honourable. The interest of many companies consists with the punctual settlement of claims upon them; and the inconvenience resulting from the clauses of contract objected to by the pamphleteer, has not made a deep impression on the public mind. After stating his authorities, he says:

“The obvious effect of the preceding doctrine of law, when applied to Life Policies, as these documents are now framed,

is that although the company have had the means of satisfying themselves, from medical examinations, reports, and other documents, and any other inquiry they may have chosen to make, that the life is insurable; and parties have for years regularly paid the premiums; the question, whether there is an assurance or not, still remains open as against the assured; whose policy may at any future time be questioned, upon the general ground that the life was not insurable at the time of effecting the assurance; or that the disclosure of the circumstances then made was not complete; or that some fact, perhaps quite immaterial, contained in one or other of the several series of questions, had turned out, on further inquiry, to be different from that warranted." Mr. Sergeant Marshall, in his work on Life Insurance, stated, "That a misrepresentation, in a material point, equally vitiates the contract, whether it be the misrepresentation of the insured himself, or of his agents; and whether it proceed from fraud, mistake, or negligence."

The writer of the pamphlet acknowledges that some companies have provided against the consequences of this legal doctrine, by special announcements of their intention only to dispute policies where an evident fraud has been committed; but he deems the provisions inadequate :

"It is proper to state, that some companies, to whose policies all the preceding objections are applicable, have lately advertised that they will limit their objections to policies, to grounds of fraud. The promise shows, that they are aware of their power to litigate successfully with a claimant, without alleging fraud; but how far these good intentions of the present directors of a company may be a protection to a party claiming on a Policy, which, in gremio, or in its indorsements, contains its own death warrant; or, whether that promise would only arm him with the means of casting dishonour on a future Board, who may decline to give effect to the promises of their predecessors, at variance with their more formal acts, may be matter of speculation: but, at all events, the question of validity or non-validity of the policy is still left open, and the party most likely to know the circumstances which occurred at the time of granting it, being dead before the question comes to be tried, the party interested in supporting the claim must look for grounds of defence in such information as the office alone possesses, and may choose to communicate."

The writer quotes a number of cases in support of his opinion, that the usual form of policies is dangerous to the assured; and asserts that the inconvenience to their relatives is not to be estimated by the number of law-suits, but by the far greater number of compromises, known only to the directors of these institutions.

A change in these respects may be necessary, and may be practicable at once by the consent of the societies themselves. Mutual associations can experience no difficulty in the case. The insured in them can satisfy themselves; and proprietary societies, against which we feel none of the repugnance exhibited by this pamphleteer and other parties, will consult their own interest by making such alterations in their constitution as may satisfy the public, whenever the latter take a sufficient interest in the matter.

"SIR-In a pamphlet recently published, entitled "Defects of Life Assurance," and extensively circulated by one Company, it is stated that many Companies are in the habit of frequently disputing the payment of Policies when they fall due; that many such cases are compromised by the persons who claim payment of the policy; that the slightest error in the statements made by the applicant for Insurance, or even by his referee, is sometimes made a ground of dispute; and that Life Insurance, as at present conducted, forms a very uncertain provision.

"I have been accustomed to advocate Life Insurance, on the ground that it formed a certain provision for families. I believe that several persons who have sought information from me on the subject have been induced to take the same view of its utility as a family provision.

"My own life is insured in several offices; but I never knew, and I was in no way responsible for, the answers given to the inquiries made from these offices by the friends

to whom I referred them.

"I would be obliged by your answers to the annexed questions, which I intend to use in May.

convenient, state the per centage of litigated and compro "In answering the three first questions, you can, if most mised Policies to the number that have been paid by your Company.

"I trust that the importance of the subject, and the interest taken in the promotion of Life Insurance, may excuse my application."

The queries referred to we also copy, with the view of referring the various replies to them, and saving space and time:

thus

"1st. The number of Policies hitherto settled in full by your Office ?

"2d. The number litigated?

3d. The number compromised without litigation; and an idea of the extent of the deductions?

"4th. Whether it be your practice to render an error in the answer of a referee a reason for invalidating a Policy on which you have received payment of Premiums ?

"5th. Whether you would consider any error of an apparently accidental character in the proposals made to you a ground for disputing a Policy on which you had received Premiums ? ”

We copy all the answers which we have received :

CITY OF LONDON ASSURANCE COMPANY.

funds of this office out of 620 policies on foot.
"1st. One; being the only claim which has arisen against the

"2d. None.

"2d. None. The office has notice of action for payment of a claim in Ireland on the life of a person whom the direc

With the view of ascertaining the statistics of tors are certified was a notorious drunkard, and who died disputes, and their character, in the history of life insurance societies-with the hope, also, of showing that they bore a small proportion to the number of policies we issued a circular to the various societies, of which we subjoin a copy. We believe that the circular was not sent to all the Scotch offices, and that from many answers will yet be returned. Any company may refuse the information; but we presume that, for their own interest, it will be generally afforded :

from the effects of intemperance.

"3d. One.-The reduction was 25 per cent.
"4th. An unintentional error would not be considered a

sufficient reason for invalidating a policy.

"5th. Misrepresentation with a view to fraud is the only reason why any respectable office would refuse to pay the sum insured."

ARCHITECTS' ASSURANCE OFFice, London.
"1st. None.
"2d. None.

"3d. None.

"4th. No.

"5th. No."

To this reply the following explanation is ap- || of parties combining to defraud the office, I do not see how pended :

"The Manager of the Architects', Builders', and General Insurance Company has complied with Mr. Troup's request by answering the annexed questions, but the replies can be of little use, the company having been established little more than one year.

"SIR,-A copy of your circular of the 13th instant, as to Life Assurance, with relative queries annexed, has been handed me. "Whilst thinking it unnecessary for your objects to enter "4th. No; not unless supposed to be a wilful mis-state-specific auswers to those queries, I have much satisfaction ment, with a fraudulent intent, and then it would form subject of enquiry.

in informing you that, since the establishment of this Com. pany, upwards of a quarter of a century ago, there has been but one instance in which the claim on a policy, on the death of a party, has been even disputed by this company, and that on the ground of misrepresentation, and deliberate concealment of faets, known only to the assured himself; and that the Company, having obtained a verdict in their favour, thereafter paid the modified amount of the claim

"2d. None. All claims have been paid without litiga- to the party suing, on the ground that, as an assignee, he