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law of England are exceedingly artificial, being descended from a female, in which case the

kin. derived chiefly from the old feudal system, and dred of such female can alone inherit. Thus by usage become fixed, though the reasons that the relatives on the father's side are preferred to first gave rise to them have long ceased to exist. the mother's, and on the grandfather's to the The principal of these rules are as follows: 1. grandmother's, and so in all the degrees of ancesThe estate descends lineally to the oldest son, try. (d.) In computing degrees of consanguinto the exclusion of all others; or if he is de- ity, the rule of the canon law is adopted as beceased, then to his descendants, male or female, foro mentioned, whereby the relationship to the following the same rule of preference in all common ancestor is alone considered. Accordrespects as prescribed in this and the following ing to this rule, brothers are related in the first rules. 2. In case of the decease of the oldest degree, cousins in the second ; but as this would son without issue, then to the next oldest and often make a different degree of relationship behis descendants, and so to the last of the males. tween the same parties, according as it was com3. In case of failure of male issue, then to the puted from one or the other to the common andaughters, who, contrary to the order prescrib- cestor, it was found necessary to adopt a further ed in the preceding rules, do not tako succes- rule, that the consanguinity of each to the other sively, but become seized jointly of a peculiar was to be determined by that of the most reestate called coparcenery, the incidents of mote from the common ancestor. Again, there which we need not now stop to discuss, fur- might sometimes be different sets of kindred in ther than to say that each coparcener has an the same degree of relationship by referring to absolute undivided interest, which she may con- different ancestors, as a nephew is in the same vey, or which on her decease will descend to degree as an uncle, the common ancestor of the her heirs. 4. Failing all lineal descendants, one being the father, of the other the grandthe estate does not ascend lineally—that is to father; in such a case, another rule intervenes, say, to the father or grandfather, who by the yiz. : that the relative representing the nearest common law are incapacitated to take directly ancestor shall take priority, according to which from the son or grandson, though they may the nephew, would inherit before the uncle. indirectly through collateral heirs—but to the Several important changes have been made in nearest collateral kindred, still following the the law of descent by statute 8 and 4 William preference of males to females, and, of the males IV., c. 106 (1833), the principal of which are: of the same degree, the oldest having the ex- 1, that a lineal ancestor is permitted to inherit, clusive right. Thus the oldest brother and his and takes precedence of a collateral heir; thus descendants will take; failing whom, the next the father is preferred to the brother or sister ; brother and his descendants; or in default of 2, relatives of the half blood are relieved from brothers, then all the sisters in copercenery; disability to inherit, and succeed next after relbut if there be no brothers or sisters, then atives of the same degree of the whole blood; the kindred of next degree will succeed, subject 8, several provisions are made for the determito the same rules of preference. 5. In respect nation of the question who was the purchaser to collateral succession, several other rules ap- from whom by the rules of common law the ply. (a.) The heir must be not only the near- descent was to be traced. The person last enest of kin of the person last seized, but must be titled is to be deemed a purchaser, unless it be of the whole blood, that is to say, must be de- shown that he took by inheritance, and so of scended from the same two ancestors, male and any preceding ancestor. In the case of a devise • female ; as, if A and B are brothers having by a man to his heir, such heir shall be deemed the same father but not the same mother, if an to have taken by the devise and not by descent, estate descends to A from the father and he and is to be regarded as a purchaser. When dies, B shall not inherit from him, although if land is purchased under a limitation to the heirs A had died before the father, B would have been of a particular ancestor, such ancestor is deemed the heir of the father. So far was this exclu- the purchaser. From this summary of the Engsion carried by the common law, that a sister lish law of descent, which gives only the genof the whole blood would take in preference to eral rules without noticing certain exceptions a brother of the half blood, and the estate would which are said to exist by ancient usage in some even escheat rather than it should descend places, it is apparent that the basis of the system to the latter; and the same rule prevailed in was a condition of society no longer existing. respect to more remote collateral relatives. The theory of seeking for a single male heir (6.) It is also necessary, in order to inherit col- to the exclusion of all others belongs to the laterally, to be of the blood of the first purcha- turbulent period when a military head of a ser, that is to say, of the person who first ac- family was needed, and all the other members quired the estate ; as, if A purchase land and of the family found shelter in a common inanit descends through several generations to B, sion, under the protection of an organized dowho dies without issue, no collateral relative mestic force. The perpetuation of the rule, in of B can take the estate unless he is also of the a period of private immunity from violence, blood of A, from whom it originally came. (c.) can serve no other purpose than to keep togeKindred on the side of male ancestors, how. ther the estates of great land proprietors. This ever remote, are preferred to kindred descended may be essential for maintaining the respectafrom females, however near, unless the estate bility of the titles of nobility, but is inapplica

ble to all other proprietors; and moreover, personal property, which was comparatively unnoticed by the feudal law, but which has become a large proportion of the wealth of the kingdom, is distributed by another rule, conforming to the equitable principle of the civil law. The retention of this part of the old feudal law is therefore mainly attributable to the stern prejudice in favor of ancient usage which has always been peculiar to the English people.-The law of descent in the United States is based upon the English statute (22 and 23 Charles II.) for the distribution of the personal estate of intestates, which statute is substantially in conformity with the civil law. In most of the states real and personal estate descend by the same rule, with the exception only of the interest of the husband and wife respectively, the former of whom has an estate for life in all the lands belonging to a deceased wife, and the wife has an estate for life in one third of the lands belong ing to a deceased husband, which is called dower. The rule of descent in the state of New York, which may be taken as the law of most of the other states, is: 1, of the lineal descendants of the intestate, an equal proportion to all who are of equal degree of consanguinity, whether male or female; but in the case of the decease of any one of them, then his or her descendants take the proportion that would have belonged to such deceased party if living; thus, should the intestate leave 2 chil dren and 3 grandchildren, descendants of a deceased child, the estate will be divided into 3 parts, the 3 grandchildren taking the which would have belonged to the parent whom they represent; 2, upon failure of lineal descend ants, the father of the intestate will inherit, unless the estate came on the part of the mother; 3, if the father is not living, or cannot for the reason above mentioned take the estate, the mother will be entitled to hold it for life, the reversion to belong to the brothers and sisters; 4, if no lineal descendants or father or mother, then the estate will descend to the nearest collateral relatives of equal degree, and the same rule applies as in the case of lineal descendants, that the descendants of a deceased party take the same share that such ancestor would have been entitled to if living. The rules as to collateral succession are as follows: (a) brothers and sisters, or the children of deceased brothers and sisters, are first entitled; but in case no brother or sister is living, but there are descendants of several, then such descendants take equally per capita, and not per stirpes or representation, as would be the case if one of the brothers or sisters were living; (b) if no brothers or sisters of the intestate nor descendants of deceased brothers or sisters, the next heirs are uncles and aunts on the father's side, or failing these, the same relatives on the mother's side; if, however, the estate came on the part of the mother, then her relatives have the preference; but if the estate had not descended from either father or mother, then the

relatives on the part of both take equally. In the descent, both lineal and collateral, relatives of the half blood are equally entitled with those of the whole blood. The rules of succession by the French civil code are nearly the same as those prevailing in this country. The variations are principally these: 1, if there are father and mother (or either of them) and brothers and sisters, the estate is divided into 2 parts, one of which belongs to the father and mother in equal proportion, the other to the brothers and sis ters or descendants of a deceased brother and sister, such descendants taking by representation the share that the child whom they represent would have taken; if either father or mother is deceased, his or her share vests in the brothers and sisters; 2, if there is a father or mother, but no brothers or sisters, the collateral relatives take a half; 3, if there are children of different father or mother, the estate is divided into 2 parts, the paternal line taking one part and the maternal or uterine the other; children of the whole blood take a share in each moiety.

DESERET, a co. of Utah, bounded E. by Great Salt Lake, and W. by California. It is drained by the Mary or Humboldt river, and traversed by several mountain ranges.-The name of Deseret was also given by the Mormons to the territory around the Great Salt lake, but was not accepted by congress, who substituted therefor the name of Utah. According to the Mormons, "Deseret" signifies "the land of the honey bee."

DESERTER, in military affairs, an officer, soldier, or sailor who abandons the public service in the army or navy, without leave. In England the punishment for desertion is, with certain limitations, left to the discretion of court martials, death being the extreme penalty. By the articles for the government of the navy of the United States (art. 12), it is enacted that "if any person in the navy shall desert to an enemy or rebel, he shall suffer death," and (art. 13) "if any person in the navy shall desert in time of war, he shall suffer death, or such other punishment as a court martial shall adjudge." The rules and articles for the government of the land forces of the United States authorize the infliction of corporal punishment not exceeding 50 lashes for desertion in time of peace, by sentence of a general court martial; and the laws do not permit punishment by stripes and lashes for any other crime in the land ser vice. In time of war a court martial may sen tence a deserter to suffer death, or otherwise punish at its discretion.

DESÈZE, RAYMOND, a French magistrate, born in Bordeaux in 1750, died in Paris in 1828. A lawyer in his native city, he was called to Paris by the count De Vergennes, gained repu tation in several important lawsuits, was chosen one of the counsel of King Louis XVI. when arraigned before the convention, and delivered an eloquent defence in his behalf. He was ar rested, but liberated after the 9th Thermidor, lived in retirement during the consulate and the





empire, and on the restoration of the Bourbons whom 284 were whites. It was the first island was appointed president of the court of cassation, discovered by Columbus in his •second voyage,

DESFONTAINES, Pierre FRANÇOIS Guy: on which he set out, Sept. 25, 1493. DOT, a French critic, born at Rouen in 1685, died DESHOULIÈRES, ANTOINETTE (DU LIGIER Dec. 16, 1745. He studied under the Jesuits, DE LA GARDE), a French authoress, born in Paris received orders, and was a successful teacher of about 1634, died in the same city, Feb. 17, 1694. rhetoric in the college of Bourges. He was in. The daughter of a maître d'hôtel of Marie de' vited to Paris in 1724, to restore the Journal Medici and Anne of Austria, she was early noted des savants, which had fallen into discredit. In for beauty and wit, and received a brilliant eduthis he succeeded, and published afterward, cation under the best masters. She studied the sometimes alone, and sometimes in conjunction Latin, Italian, and Spanish languages; read the with others, several periodicals, among which long romances of D'Urfé, La Calprenède, and were the Observations sur les écrits nouveaux. Mlle. de Scudéry, which were then the delight His criticisms were marked by severity and of the court; and early began to write verses, rudeness, and among the many enemies whom her first attempts being corrected by the poet he made by his trenchant pen was Voltaire, who Hesnaut. In her 18th year she was married to had once saved him from prison, or perhaps the Guillaume de la Fon de Boisguérin (seigneur des galleys. The paper warfare between the critic Houlières), who in the troubles of the Fronde and the philosopher attracted general attention, embraced the party of the prince of Condé, and and ended in the discomfiture of the former. was exiled. Mme. Deshoulières subsequently The principal works of Desfontaines are a Dio- rejoined her husband at the court of Brussels, tionnaire néologique, and a translation of the where she became an object of suspicion, and was Æneid.

imprisoned in 1657 in the castle of Vilworde, DESFONTAINES, René Louione, a French where she read the Scriptures and fathers of the botanist, born in Tremblay, in Brittany, in church, was rescued by her husband by a coup 1752, died in Paris, Nov. 16, 1833. After study- de main after 8 months, and on her return to ing at the college of Rennes, he went to Paris France after the amnesty became a favorite at to prepare for the medical profession, but de- the court of Anne of Austria. She wrote poems voted himself chiefly to botany. He was re- in almost all styles from the madrigal to tragedy, ceived into the academy of sciences in 1782, the and was intimate with the two Corneilles, with custom of the time being to admit young men Fléchier, Mascaron, Quinault, Benserade, and of approved capacity, with a view of encourag- Ménage, and with the dukes of Montausier, La ing them to greater accomplishments. He im- Rochefoucauld, Nevers, and Saint Aignan. She mediately embarked for the Barbary states, and attained the best success in pastorals and in during two years explored the natural history, moral and philosophical pieces. Her idyls, esespecially the flora, of the north of Africa. He pecially those entitled Les moutons and Les published the result of his investigations in the fleurs, were most admired, and gained her the Flora Atlantica (2 vols., Paris, 1798), which appellation of the 10th muse and the French gave descriptions of 1,600 species of plants, 300 Calliope; and the subsequent ill success of her of which were new. 'On his return to Paris in tragedies caused the advice, of proverbial fame, 1785 he was appointed by Buffon to succeed to be given her, de retourner à ses moutons. Lemonnier as professor in the jardin des plantes, She became a member of the academy of the and from this time he was occupied with his Ricovrati of Padua in 1684, and of the acadlectures. He was the first to indicate the differ- emy of Arles in 1689. Like Mme. de Sévigné, ence in growth and structure between the mono- she belonged to the literary clique hostile to cotyledonous and the dicotyledonous plants. Racine. Voltaire said that of all French ladies He made a catalogue of the jardin des plantes who had cultivated poetry, Mme. Deshoulières (1804; 3d ed. in Latin, 1829); continued the had succeeded best, since more of her verses Collection des velins du muséum d'histoire natu- than those of any other were known by heart. relle, which had been begun for Gaston of Or- The principal editions of her works are those of leans; and published numerous memoirs in the 1747 and 1799, each in 2 vols. transactions of learned societies.

DESMIDIEÆ, minute and interesting algø, DESHA, a S. E. co. of Ark., bordering on the which grow in fresh water, and whose contour Mississippi, intersected by Arkansas and White and forms present singularly beautiful appearrivers; area, 869 sq. m.; pop. in 1854, 3,971, of ances under the microscope. For a long time whom 1,840 were slaves. The surface is low, claimed both as animals and plants, they seem level, and subject to inundation. The soil is to stand on the limits of either kingdom. The alluvial, and in 1854 produced 6,940 bales of controversy as to their true place has enlisted a cotton, and 130,055 bushels of corn. Number great number of observers, who have submitted of pupils in the public schools, 40. Capital, Na- every fact connected with their study to the poleon.

most rigorous examination. Ehrenberg has DESIRADE, or DESEADA, a rocky island of claimed them as animalcules; and in the " Anthe Little Antilles, in the Caribbean sea, E. ofnals of Natural History” (London, 1840), Mr. Guadeloupe, of which it is a dependency. It is Dalrymple has given extended observations of scantily furnished with wood and fresh water. a similar character upon a single genus (closArea, 10,695 acres ; pop. in 1856, 1,235, ofterium), which appeared to him to indicate

animality. In the "American Journal of Science and Arts" (vol. xli., 1841), Professor Bailey admits the general correctness of Mr. Dalrymple's observations, yet differs from him in some respects. He considers the desmidiem as animalcules, and includes them in his sketch of the infusoria. In a memoir "On the Organization of the Polygastric Infusoria," in Weigmann's Archiv for 1846, C. Eckhard advocates their animality. He notices only the closteria, and derives his argument for their being animals partly from their motion, partly from their organization. According to Pritchard, in his "History of Infusoria, living and fossil" (London, 1842), Dr. Meyen shows that Ehrenberg has described and represented in his great work a very considerable number of organized bodies looked upon by botanists as belonging to the vegetable kingdom. In these representations naturalists have been able to attain what has been long desirable; for although in respect to the more highly developed and complete vegetable beings the truest delineations are indispensably necessary at the present day, it is much more requisite that every one of these lower and microscopic organisms should be laid before us in the same tangible manner. Ehrenberg has not only given systematic descriptions of these questionable animals or plants, but his own observations, coupled with those of his predecessors, upon the nature of these bodies, will be found copiously detailed by him. It is, however, apparent that all the facts known upon the subject are interpreted as if these creations were undoubtedly animals, while the same facts would bear a very different signification if we proceeded upon the supposition that they were merely plants. Meyen contended for the vegetable character of the desmidies, and was the first to detect the presence of starch in the cells; and the accuracy of his remarks, which had been doubted, was fully confirmed by Ralfs, Jenner, and other recent algologists. The presence of starch in the desmidiea can be readily detected by treating them with a solution of iodine; all vegetable tissues in which starch grains are found assume a purplish or violet color on its application. Prof. Bailey did not consider this a conclusive proof of their vegetable nature, since, if animal, the starch might have been swallowed. But it is affirmed that no starch is to be detected in the young cell, while upon the growth of the sporangium or seed-vessel it appears and increases rapidly, as in the seeds of the higher plants, in which it generally abounds. Of all the circumstances which indicate the vegetable nature of the desmidiem, this is the most important, since it can be so easily submitted to experiment. In certain cavities in closterium, Mr. Dalrymple noticed a peculiar motion of molecules on which he laid some stress. This motion has been frequently noticed, and is to be seen in many plants. At first sight it would seem to denote an animal function, yet really in the desmidieæ becomes a proof of their vegetability. It has been termed swarming, on

account of the commotion which arises within the cell, as if all its contents were endowed with life; as the disturbance increases, the cell opens, when the molecules, or rather zoospores, hasten from their prison, darting about in every direc tion, until at length they settle down into a state of repose. The presence and functions of zoospores in plants of entirely differing families and groups, render their occurrence in those under consideration no evidence of their being animals. That the desmidieæ resist decomposition, exhale oxygen on exposure to the sun, preserve the purity of the water containing them, and when burned do not emit the peculiar odor usually so characteristic of animal combustion, are also important facts respecting this family. Berkeley, in his "Introduction to Cryptogamic Botany," remarks that much controversy has existed with respect to their true nature, but that at the present day few persons will adopt the views of Ehrenberg; for if in some points there be anomalies, as in closterium, their whole history is so evidently vegetable, their mode of increase, growth, &c., that if we refuse them the title of vegetables, we may as well dispute that of the whole tribe of zoosporous algae. As to their occasionally producing bodies endowed with active motion, it is now a matter of certainty that such bodies exist in a variety of algas of very different construction; and in order that the cellulose (or peculiar material of the cell walls of vegetables) should exhibit the proper reaction when acids are applied for tests, the membranes of cells or of the fronds must be thoroughly cleansed from all extraneous matters. But perhaps the most important of all is the fact that, under the influence of light, they give out oxygen, which, added to the other characteristics, is quite convincing. Considering the desmidien as vegetable productions, we find them peculiar for their beauty, variety of forms, and the external markings and appendages to be noticed upon them. They are mostly of an herbaceous green color, and contain a green internal matter. The frond divides into two valves or segments, by a sort of voluntary action; a mode of growth in the bisection of cells that Meyen and others have proved to be frequent if not universal in the more simple algae. In the desmidies the multiplication of the cells by repeated division is full of interest, both on account of the remarkable manner in which it takes place, and because it unfolds the process of cell-growth in the tissue of other plants, thus furnishing valuable facts in general vegetable physiology. The compressed and deeply constricted cells of eriastrum offer most favorable opportunities for ascertaining the manner of this division; for although the frond is really a single cell, yet this cell in all its stages appears like two, the seg ments being always distinct, even from the commencement. As the connecting portion is so small, and necessarily produces the new segments, which cannot arise from a broader base than its opening, these are at first very minute, though they rapidly increase in size, The




segments are separated by the elongation of as well as in Europe. In desmidium, the joints the connecting tube, which is converted into are bidentate at the angles; the filament is fragile two roundish hyaline lobules. These lobules and of a pale green color; the length of the joint increase in size, acquire color, and gradually put is from zodo totoro of an inch. D. Swartzii (Ag.) on the appearance of the older portions. Of is common throughout the United States. In course, as they increase, the original segments micrasterias we have a simple, lenticular frond, are pushed further asunder, and at length are deeply divided into two-lobed segments, each disconnected, each taking with it a new segment lobe inciso-dentate and generally radiate. Many to supply the place of that from which it has species of this beautiful plant are common in this separated. All the desmidiem are gelatinous. country. We have also found euastrum, which In some the mucus is condensed into a distinct belongs to the same series, of frequent occurand well defined hyaline sheath or covering; in rence. Certain curious spiny objects detected in others it is more attenuated, and the fact that a fossil state in flint in Europe remind us of xanit forms a covering is discerned only from its thidium, but which probably are spores ; the preventing the contact of the colored cells. In compressed bipartite and bivalved frond of the general, its quantity is merely sufficient to hold xanthidium being represented in the fossils by the fronds together in a kind of filmy cloud, one that is globose and entire. The constriction which is dispersed by the slightest touch. When about the middle of the frond is lost in closterium, they are left exposed by the evaporation of the which also differs in shape, it being crescent-like water, this mucus becomes denser, and is appa- or arcuate. The species of this are common and rently secreted in larger quantities to protect numerous. The fronds of ankistrodesmus are them from the effects of drought. Their normal aggregated into fagot-like bundles. Pediastrum mode of propagation seems to be by the pro- tetras, occurring from Maine to Virginia, accordduction of single large spores or sporangiums, ing to Bailey, has an extremely minute frond which derive their existence from the union composed of 4 cells, which make a star-like of the green coloring matter (endochromes) figure; while P. biradiatum, found in New of two contiguous plants. These spores are Jersey (Bailey) as well as in Germany (Meyen), mostly globular, although they exhibit a great has many more cells, yet still arranged in a variety of forms with reference to their external stello-radiate manner.-In collecting the dessurfaces. Sometimes they bear no resemblance midieæ, the student must seek in proper situato the parent plant. But once formed, they are tions the sediment observable in the form of a propagated by division, in the same manner as dirty cloud or greenish scum upon the stoms the ordinary cells, and in the 3d generation and leaves of filiform aquatic plants. This is to acquire their regular form, which they may be carefully transferred to a bottle of pure water, continue to propagate for years, without ever and thus he will secure many beautiful species producing a true spore.- Very little is known for his microscopes. If the bottle be exposed respecting the uses of the desmidieæ. Probably to the light, the little plants will continue in they assist in preserving the purity of the water good condition, and thrive for several months, in which they grow; a function which they thus furnishing subjects for examination ready may fulfil in the economy of nature in com- at hand. mon with most aquatic vegetables. The food DES MOINES, a S. E. co. of Iowa, borderof bivalve mollusks belonging to fresh watersing on Ill., washed by the Mississippi on the E. seems to be made up of them. They are found and S. E., bounded S. W. by Skunk river, and principally where there is some admixture of drained by Flint creek; area, 408 sq. m.; pop. peat, and in clear pools rather than in running in 1856, 20,198. Limestone and anthracite are streams. They abound in open places, and the principal mineral productions. The surare rarely seen in shady woods or in deep face is much diversified and occupied by prairies ditches. According to Brébisson, the calcareous and tracts of timber. The soil is fertile, well districts of France are very unproductive of cultivated, and in 1856 yielded 11,274 tons of them. So numerous are the species and so hay, 221,109 bushels of wheat, 359,938 of oats, diversified their shapes and characters, that they 1,456,491 of corn, 206,026 lbs. of butter, and have been divided into distinct genera as natural 20,056 of wool. Capital, Burlington. series present themselves in turn. In the first DES MOINES, the largest river of Iowa. It of these series we discover the plant an elon- rises in the S. W. part of Minnesota, and takes gated, jointed filament, which may be cylindri- a S. E. course to Emmet co., Iowa.' Thence it cal, sub-cylindrical, triangular or quadrangular, runs nearly S. S. E. to the Mississippi, which it plane with the margins even and smooth, or joins about 4 m. below Keokuk. The country with the margins incised and sinuated. In hyalo- through which it flows is an undulating, fertile theca we bave the mucous envelope alluded to region, interspersed with tracts of prairie. The above, within which are numerous joints, which state government has recently undertaken to are usually broader than long; and as each has render the river navigable as far as Fort Des a shallow groove passing round it, it resembles Moines, a distance of over 200 m. a small pulley wheel. The minuteness of the DESMOND, Earls of, an ancient family of plant may be estimated from the length of these great infinence in the S. W. of Ireland, from joints, which vary from toto si of an inch. the year 1329 to 1583. The line numbered 15 H. dissiliens (Bréb.) is found in North America earls. The title and family are now extinct.

VOL, VI.—27


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