POETRY. ORIGINAL. HYMN ON DEITY. ASCRIBED TO ORPHEUS. [ORPHEUS was one of the heroes who embarked in the Argonautick expedition, in the 79th year before the taking of Troy. The poems, which pass under his name, are, by Aristotle, attributed to a Pythagorean Philosopher, named Cecrops. Most of the moderns ascribe them to Onomacritus, who lived in the age of Pisistratus, Tyrant of Athens, B. C. 516. The author, whoever he was, had, undoubtedly, some acquaintance with the Jewish Scriptures.] I SPEAK to ears initiate. Far remov'd Witness my song. I utter truths sublime; In mute attention Listen; for I proclaim a DEITY! The Almighty One, self-born, all glorious, Watchful forever, guards his boundless works. O, come with me, my friend, adoring trace, For clouds and darkness shroud him. He, remov'd Of wond'rous origin, Chaldea's hope. God in the heavens resides. The rolling world, God in the heavens resides. He spreads his arms No more. I tremble to proclaim his power s Librum tuum legi quam diligentissime potui annotqui, quæ commutanda, que cuiumis, arbitrarer. Nam ego dicere verum assuevi. Neque ulli patientius reprebenduntur, quan qui maxime laudari merentur. PLIN. ART. 30. Modern Chivalry: containing the Ad. ventures of a Captain, and Teague O'Regan, his servant. By H. H. Brackenridge. Philadelphia. J. Conrad & Co. 2 vols. 12mo. 1804. (Continued from p. 508.) · THE author's creed in politicks is democratical. Yet it is founded on the true, genuine, unadulterated principles of democracy, and is generally free from any factious opinions, which, in modern times, may have been supported under the sanction of that appellation. The personal character of the man gives weight to the declaration of his opinions. When his brother Judges of opposite politicks were impeach ed for an obnoxious sentence, Judge Brackenridge requested that he also might be included, as his opinions, perfectly coincided with theirs, though he was not present to deliver them publickly. This measure produced an address from the legislature of Pennsylvania to their Governour, to remove him from office, which was justly unsuccessful. A man that could thus act from the dictates of conscience, without lisstill small voice of interest, is no factening to the yell of party, or the tious demagogue, norintriguing politician. Those that may differ from him on some points in politicks, must revere his integrity, and look upon his ostensible sentiments, as the honest feelings of his heart. He is a friend to democracy as pure as is consistent with quiet. Like all other rational men, he sees the most obvious evil attending on this form of government, that by frequent elections, the rabble are exalted, and virtue and talents are depressed. This he endeavours to expose by the ridiculous elevation of a vagrant Irishman to offices of respectability and honour. It is painful to see that in many instances the enthusiasm of an honest mind, warm' with schemes of liberty, rises in its projects above the scope of human means. Under a similar influence, Judge Brackenridge expresses his opinion on certain measures of government, and parts of the constitution. He advances, for in stance, the idea, that it would be better for the country that all re straints on naturalization should be removed, that every foreigner on his first entrance into the country, whether wealthy or indigent, should immediately have a free right to es lect or be elected. This country, he considers, as the great asylum, where the unhappy and the oppress ed of every clime are to find repose. "Here the wicked are to cease from troubling, and here the weary be at rest." Here liberty has blown a - trumpet, whose voice has gone forth to the four winds of heaven, to invite the slave of despotism, and the victim of popular fury, to cross the ocean and sing his "Io triumphe" before the altar of reason and improvement. Neither the nature of our work, nor the limits of our examination, invite to political discussion. Yet we cannot but observe, that the conduct of many for eigners, who have taken advantage of this happy asylum, ought to prove the necessity of strong and operative restrictions. While we thus animadvert on the excess of some of his theories, we would give most unfeigned approbation to the candour and moderation of the author as a political partisan. It is a virtue, that, in times like these, shines forth with peculiar lustre. When the spirit of party is found, not only rioting in personal abuse, but openly discussing the separation of the United States, an event that ought not be thought on without horrour, we almost blush for our opinions. The rational investigation and respectful eensure of the Judge deserve to he regarded and imitated. "Fas est ab boste doceri." However general a man's knowl. edge may be, it is natural, that be should succeed best in discussing subjects connected with that profes. sion, that he has made is particular study. That part of this work, and it is no small one, that has a legal aspect, is perhaps better executed than any other. He has treated ju dicial matters in both a serious and a burlesque style. In one part, he gives directions to the barrister concerning the best method of managing his cause, and arranging his argument, in another, he introduces a dissertation on the duties and behav iour appropriate to the bench. Several law cases, reported in different parts of the book, are intended to ridicule the quibbles and frivolous distinctions of the profession. One of these has already been extracted: the following is another instance. The Captain, having been led to think so much of law, of late, was struck with the idea of visiting courts of justice, and hearing some of those cases argued which come before them. Understanding that a court was then sitting, he resolved to take the opportunity of the interval of Teague's purgation, in the work-house, to amuse himself with the pleading of the advocates. Accordingly, repairing to the court house he took his place amongst the crowd, and listened to what was going forward. What came before the court was a motion in arrest of judgment. A Jonathan Munn had been indicted, and found guil ty of" feloniously taking and carrying a way water out of the well of Andrew Mab." It was moved in arrest of judg mitted of water in a well, it being real ment, that larceny could not be com property; for it was a distinction of the common law, that larceny could not be committed of things real, or savouring of the realty, Black. 232. 2 Ray. 470. Hawkins, &c. So that taking away the soil was merely a trespass; and taking away the water could be no more. It was answered that water being flu itans, et mobilis, could not be considered as real property; that an ejectment would not lie for water, but for so many acres of land covered with water, Yelv. 143. 1 Burr. 142. Because it was impossible to give execution of a thing, which is always transient and running, Run. 36, quotes Cro. Jac 150. Lev. 14. Sid 151 Thence it is that, in a grant of the seil, it is necessary, as we see from old forms, to add the right of ways, woods, and watercourses, Lilly. Con. 132. and 179. Bridg. Con. 321. That whatever might be said of water in its natural bed on the soil, as water in a running stream; yet a well being dug by the labour of hands, the water thus acquired, must be counted as personal, not real property. Barbeyrac Titius, and Locke. That at a well, the water being drawn up by the bucket,and thus by one act separated from the freehold, and by another taken from the bucket, it becomes a subject of larceny: as in the law of corn, trees, or grass growing For if these be severed at one time, and at another time taken away, it is larceny. Hawk. Pl. Cr. 93. It was replied, that an ejectment would lie of water in a well; for here the water is fixed in a certain place, within the bounds and compass of the well; and is considered as part of the soil. Run. 37. That ex vi termini, in the indictment, "sout of the well," it must be considered a water ex out of, or from the well; that is, water severed by the very act of taking; for otherwise it would have been expressed, by "water out of the bucket," of Andrew Mab'; not out of the well; and so the taking could not be larceny, but trespass as in the case of a tree that is cut down at one time, and taken away at another; or apples growing on a tree, or shaken down and gathered from the soil; the first being a trespass, the second larceny Curia advisare pult. The Captain, whispering to lawyer Grab, enquired what difference it made in the punishment, whether it was larceny or trespass? He was answered, that in the one case it was hanging by the common law, and in the other to pay the value of the property. A very material difference indeed, said the Captain, to depend on so nice a distinction. His allusions to the persecution that the judicial department has in some instances suffered, are frequent, for his recollection was quickened by the rankling sting of personal feeling On some points in education he has advanced rather singular notions. It is his opinion, at least he gives that side the best of the argument, that the system of early com position is prejudicial to the improve ment of the mind. The principle 15, that ideas are to be acquired, be fore they can be communicated. But why is one mode of communi cation to be discouraged, more than another. thor adopt and improve upon the Why does not the au five years silence of Pythagoras, and ordain, that no child shall be allow ed to speak, till he has something rational to talk about. many good and sensible discussions, There are but, on the whole, as a book of es that we have not room to notice ; says, we could recommend this work to the publick, as containing much instruction, conveyed in a style of the utmost plainness and simplicity; many good political observations, that, if digested, "cum grano salis," are far preferable to scandal and noisy abuse. servations on the style; because it is We will conclude with a few ob, professedly a great point with the author, insomuch, that he holds it forth, as the sole and individual object of his writing, to give the pub lick a specimen of a perfect English style. Some casual passages render it probable, that what was written, apparently in jest, was, in some measure, true in reality. The qualities of the style, that are commendable, are plainness, perspicuity, and simplicity. His model is probably the manner of Addison; but, upon a pretty careful observation, we cannot discover much of the classick simplicity of that elegant writer. His simplicity seems to be drawn from a long habit and necessity of speaking and composing in the most perspicuous manner; and not the effect of a brilliant fancy, chastened by correct judgment and careful observation of the best models of classick literature, both ancient and modern. Hence he sinks most successfully from the |