nants, which are clauses of agreement contained in the deed, whereby the contracting parties stipulate for the truth of certain facts, or bind themselves to the performance of some specific acts; the conclusion, which mentions the execution and date of the deed, or the time of its being given or executed, either expressly, or with reference to some day and year before mentioned. Every deed must be founded upon good and sufficient consideration; not upon an usurious contract, nor upon fraud or collusion, either to deceive bona fide purchasers, or just and lawful creditors; any of which considerations will vacate the deed, and subject the parties to forfeiture, and in some cases to imprisonment. A deed, also, without any consideration is void. A deed must be executed by the party himself, or by another for him in his presence, or with his direction; or, in his absence, by an agent authorized so to do by another deed, also under seal; and in every such case, the deed must be made and executed in the name of the principal. A deed takes effect only from the day of delivery; and therefore, if it have no date, or a date impossible, the delivery will, in all cases, ascertain the date of it; and if another party seal the deed, yet, if the party deliver it himself, he thereby adopts the sealing and signing, and, by such delivery, makes them both his own. The delivery of a deed may be alleged at any time after the date; but, unless it be sealed and regularly delivered, it is no deed. Another requisite of a deed is, that it be properly witnessed or attested: the attestation is, however, necessary rather for preserving the evidence, than as intrinsically essential to the validity of the instrument. There are four principles adopted by the courts of law for the exposition of deeds, viz., 1. that they be beneficial to the grantee, or person in whose favor they are intended to operate; 2. that where the words may be employed to some intent, they shall not be void; 3. that the words be construed according to the meaning of the parties, and the intent of the parties be carried into effect, provided such intent can possibly stand at law; 4. that they are to be expounded consonantly to the rules of law, and reasonably, without injury to the grantor, and to the greatest advantage of the grantee.

DEER (cervus). These beautiful and well known quadrupeds belong to the order pecora, or ruminating animals. They are distinguished from the antelopes (q. v.) by their horns, which are composed of a bony substance, caducous, or falling

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off annually, and again renewed of a larger size than in the preceding year. These horns or antlers always exist on the head of the male, and sometimes on that of the female. In their first or young state, they are covered by a velvet-like membrane, through which the blood circulates with great freedom. At this time, the horn is extremely sensitive, the animal suffering much pain when it is roughly handled or struck. After the horn has attained its full growth, the base becomes surrounded with an irregular, tuberculous ring, called the burr, and the blood-vessels gradually contract and diminish, until they cease to convey blood to the velvet membrane, which then dries, loses its sensitiveness, and finally flakes off. The form of the horns is various. Sometimes they spread into broad palms, which send out sharp snags around their outer edges; sometimes they divide fantastically into branches, some of which project over the forehead, whilst others are reared upwards in the air, or they may be so reclined backwards, that the animal seems almost forced to carry his head in a stiff, erect posture. Yet they communicate an air of grandeur, seeming like trees planted on the head of a living animal. The various species of deer, as well as the antelopes, invariably remain in their original situations, when left to themselves. Two species are common to the north of the old and new continents; five belong to North America; four to America south of the equator; four to Europe and the continent of Asia; and fourteen to India, China and the Asiatic archipelagos. The writings of naturalists exhibit much confusion in relation to the North American species. This has arisen, in a great measure, from the loose manner in which species have been proposed on the authority of travellers, wholly incompetent to distinguish between mere varieties and those permanent characteristics indicative of specific constitution. The following are the only well authenticated species inhabiting this country; all the others, named as distinct, being mere varieties: moose (C. alces); reindeer (C. tarandus); American elk (C. Canadensis); common deer (C. Virginianus); black-tailed deer (C. macrotis); long-tailed deer (C. leucurus); Mexican deer (C. Mexicanus). It should be remarked, that few American quadrupeds have been found precisely similar to their European representatives, and that recent writers have doubted whether the moose and reindeer of this country are identical with those of Scandinavia. No

satisfactory comparisons of the animals from the two continents have yet been made, and hence the distinguishing characters, if any exist, are still unknown.The Moose, or Orignal of the Canadians, is, perhaps, the only deer whose general appearance can be called ungraceful, or whose proportions, at first sight, impress the beholder unfavorably. Its large head terminates in a square muzzle, having the nostrils protruded over the sides of the mouth; the neck, which is furnished with a short, thick mane, is not longer than the head, which, in the males, is rendered still more cumbrous and unwieldy by large palmated horns; under the throat is an excrescence, from which issues a tuft of long hair; the body, which is short and thick, is mounted on tall legs, giving a very ungainly aspect to the animal, which is not diminished when it is in motion, as its gait is a sort of shambling trot, very efficient, however, from the great length of its limbs. The moose inhabits the northern parts of both continents. In America, it has been found as far north as the country has been explored; its southern range, at former periods, extended to the shores of the great lakes, and throughout the New England States. Du Pratz mentions that, in his time, they occurred on the Ohio. At present, however, they are seldom heard of to the south of the state of Maine, where, also, they are becoming scarce. But in Nova Scotia, around the bay of Fundy, and in the Hudson's bay company's possessions, they are found in considerable numbers. Their flesh is more relished by the Indians, and persons resident in the fur countries, than that of any other animal. It bears a greater resemblance, in its flavor, to beef than to venison. The large and gristly extremity of the nose is accounted an epicurean treat. Hearne states that the external fat is soft, like that of a breast of mutton, and, when put into a bladder, is as fine as marrow. In this it differs from all the other species of deer, of which the external fat is hard. The moose attains a large size, particularly the male, which sometimes weighs eleven or twelve hundred pounds. Their skins, when properly dressed, make a soft, thick, pliable leather, which the Indians prepare by scraping them to an equal thickness, and removing the hair: they are then smeared with the brains of the animal, until they feel soft and spongy; and, lastly, they are suspended over a fire made of rotten wood, until they are well impregnated with the smoke. Reindeer. These animals inhabit the

arctic islands of Spitzbergen, and the northern extremity of the old continent, never having extended, according to Cuvier, to the southward of the Baltic. They have long been domesticated, and their appearance and habits are well described by naturalists. The American reindeer or caribou, are much less perfectly known : they have, however, so strong a resemblance, in form and manners, to the Lapland deer, that they have always been considered to be the same species, without the fact having ever been completely established. The American Indians have never profited by the docility of this animal, to aid them in transporting their families and property, though they annually destroy great numbers for their flesh and hides. There appear to be several varieties of this useful quadruped peculiar to the high northern regions of the American continent, which are ably described by doctor Richardson, one of the companions of captain Franklin in his hazardous attempt to reach the north pole by land. The closeness of the hair of the caribou, and the lightness of its skin when properly dressed, render it the most appropriate article for winter clothing in the high latitudes. The hoofs of the reindeer are very large, and spread greatly, and thus enable it to cross the yielding snows without sinking. During the summer months, this deer feeds upon every species of green herbage; but in winter, his whole food is the lichen or moss, which he instinctively seeks under the snow. It is a singular, but now a well established fact, that the reindeer will eat, with avidity, the lemming or mountain-rat, presenting one of the few instances of a ruminating animal being, in any degree, carnivorous. Reindeer have several times been transported to England and Scotland in large numbers, but they have invariably died, although they were attended by Laplanders, and could procure plenty of their natural food. Whether the failure arose, however, from a want of proper attention to the peculiar habits of the animal, or was the natural result of the tenacity with which the deer tribe adhere to their original geographical position as a law of nature, is a question not easy to be decided.-American Elk. This stately and beautiful animal was, until very recently, confounded with the moose, from its common English name being the same as that applied to the European moose. The size and appearance of the elk are very imposing; his air denotes confidence of great strength, whilst his towering horns

exhibit weapons capable of doing much injury. The elk, at one period, ranged over the greater part of this continent, and is still occasionally found in the remote and thinly settled parts of Pennsylvania; but the number is small. Doctor Richardson states that its northern range is about the 56th or 57th parallel of latitude. The elk has been sometimes domesticated to a certain degree; but, at the same time, from its warlike disposition, it is not likely that it could be advantageously substituted for the reindeer.-Common Deer. This well known quadruped is found throughout the country between Canada and the banks of the Orinoco. In various parts of this extensive range, it presents considerable varieties in size and color. Judging by the quantity of skins brought to our markets, we may form some idea of the aggregate number and productiveness of these animals, which, notwithstanding the extensive destruction of them, do not appear to be very rapidly diminishing, except in the immediate vicinities of very thickly peopled districts. The common deer is possessed of keen senses, especially of hearing and smelling: the sight, though good, does not appear to equal in power the senses just named. It is necessary for a hunter to approach a deer against the wind, otherwise he is discovered by the scent. The slightest noise, also, appears to excite its fears more than any other cause; while, on the contrary, the sight of unaccustomed objects seems rather to arouse curiosity than produce terror. The female commonly has one or two, and sometimes three, fawns at a birth, which are of a light cinnamon color, spotted with white. In the latter part of the summer, they lose the white spots, and in winter the hair grows longer and grayish: this is succeeded, in the following June, by a coat of a reddish color, which changes, in August, to a darkish blue, which again gradually assumes a gray tint. The skin is toughest in the red, thickest in the blue, and thinnest in the gray state. They shed their horns in February.-Black-tailed Deer. This species is peculiar to the country west of the Missouri, and in the neighborhood of the Rocky mountains. The first information of this fine animal was given by Lewis and Clarke, and it was afterwards fully described by Mr. Say. Its ears are of great length, equalling that of the head; its tail is terminated by a black tuft, whence its common name. From the form of its hoofs, which resemble those of the goat, it is enabled to live

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among the rocky cliffs of the mountains. It does not run like the common deer, but bounds along, raising all its feet from the ground at the same time.-Long-tailed Deer. We owe the description of this animal to Mr. Douglass, who states that it is not found on the east side of the Rocky mountains, except in their immediate vicinity, but is the most common deer in the districts about the Columbia river. Its gait is two ambling steps and a bound exceeding twice the length of the steps. In running, the tail is erect, wagging from side to side, and, from its unusual length (13 to 17 inches), is the most remarkable characteristic about the animal. It goes in herds, from November to April and May, when the female secretes herself to bring forth. The young are spotted with white until the middle of the first winter, when they change to the same color as the most aged. This deer, however, approaches very near to the common species in all its characters, and may, eventually, prove to be only a variety.—Mexican Deer. Of this species very little is known, except that it inhabits Mexico and the adjoining countries. It may possibly be only a variety of the common deer, as the differences exist principally in the disposition of the antlers, which is an extremely fallacious guide in the discritnination of the different species of deerThe arrangement of the teeth of the deer is, incisors, canine or, molars

= total, 32 or 34.

DE FACTO (Latin; in fact); a term used in contradistinction to de jure (by right). Thus, for instance, it is said don Miguel is de facto ruler of Portugal. In some cases, the distinction is clear enough, but very often not. Napoleon's government was called, by the English, de facto, and that of the Bourbons de jure; yet every body knows that Hugh Capet obtained possession of the crown of France by violence. When did his successors begin to rule de jure? Charles XIV is called, by many, the ruler of Sweden de facto, yet he was chosen king by the nation; and who can be more properly a ruler de jure than a king chosen by the nation? This consideration has led some politicians to assert that there is no government de jure, but only governments de facto, which may be better or worse. On the other hand, it is asserted that there is but one kind of government de jure; that is, such as receives its sanction and authority from the people who constitute the state.

DEFAMATION. (See Slander.)

DEFENDER OF THE FAITH (Fidei Defen

He received his education at an academy at Newington Green, and he is not supposed to have attained to much classical acquirement. He commenced author at the age of 21, by a Treatise against the Turks, joined the insurrection of the duke of Monmouth, and had the good fortune to escape to London, where he engaged, first as a horse-factor, and then as a maker of bricks at Tilbury fort. His commercial speculations, however, failing, he became insolvent; and it is to his credit, that, having cleared his debts by a composition, he subsequently paid most of them in full, when his circumstances were amended. In 1697, he wrote an Essay on Projects. In 1701, appeared his satire, the Trueborn Englishman, the object of which was to show the folly of the popular objection to king William, as a foreigner, by a people who were themselves a mixture of so many races. In 1702, when the high church party seemed disposed to carry matters strongly against the Dissenters, he published the Shortest Way with the Dissenters, being an ironical recommendation of persecution, so gravely covered that many persons were deceived by it. It was, however, voted a seditious libel by the house of commons; and, the author avowing himself, to secure his printer and publisher, he was prosecuted to conviction, and sentenced to fine, imprisonment, and the pillory. He underwent the latter punishment with great equanimity, and was so far from being ashamed of it, that he wrote a Hymn to the Pillory, alluding to this circumstance. In February, 1703, while in Newgate, he commenced the Review, which is supposed to have given Steele the hint for his Tatler. He was at length liberated from Newgate by the interposition of Harley, and the queen herself sent money to his wife and family. In 1706, he published his largest poem, entitled Jure Divino, a satire on the doctrine of divine right. When the accession of the house of Hanover became an interesting topic, he wrote in its favor; but so obtuse was the public to his irony, that he was imprisoned for his productions as libels in favor of the pretender. The accession of George I produced him no further patronage, and he began another line of composition. In 1715, he published the Family Instructor, a work inculcating moral and religious duties in a lively manner, by narration and dialogue. To this work his well-known Religious Courtship, published in 1722, formed a third volume. In 1719, appeared the most popular of all his

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performances-the Life and Surprising Adventures of Robinson Crusoe, the favorable reception of which was immediate and universal. It is unnecessary to dwell upon a work which every body has read, and which has been translated into all the languages of Europe; but it may be proper to mention, that the imputation of his founding it upon the papers of Alexander Selkirk, the Scottish mariner, left on the island of Juan Fernandez, appears to be altogether untrue. The success of Defoe in this performance induced him to write a number of other lives and adventures in character; as Moll Flanders, Captain Singleton, Roxalana, Duncan Campbell, and the Adventures of a Cavalier. In 1722, he published a Journal of the Plague in 1665, in the person of a citizen supposed to have been a witness of it. The natural manner in which it is written deceived the celebrated doctor Mead, who thought it genuine. In 1724, he published the Great Law of Subordination, and, in 1726, his Political History of the Devil, to which he afterwards added, in the same style of reasoning, wit and ridicule, a System of Magic. He is also author of a Tour through the Island of Great Britain, the Complete English Tradesman, a Plan of English Commerce, and various other productions. He died in April, 1731. A work has been lately published, called Memoirs of the Life and Times of Daniel Defoe, by Walter Wilson, three volumes, London, 1830.

DEFTERDAR, in the Turkish empire; the minister of the finances, and hightreasurer of the empire. He is different from the kasnadar-baschi, the treasurer of the sultan's private purse.

DEGERANDO. (See Gerando.)

DEGRADATION. The ecclesiastical censure, by which a clergyman is divested of his holy orders, is termed degradation. The ceremony consists chiefly in stripping off his clerical vestments. Geliot, in his Indice armoriel, describes the degradation of Franget, a Gascon captain, for surrendering Fontarabia under Francis I. The accusation of treason was pronounced before 20 or 30 cavaliers. The culprit was armed at all points, and his shield, reversed, was suspended on a stake before him. By his side, twelve priests chanted the vigils of the dead. At the pause after each psalm, the officers stripped the knight of a piece of his armor, till he was quite bare. His shield was then broken into three pieces, and the king at arms poured a basin of hot water on his head. The criminal