Imágenes de páginas

all means advise the student to give his must be the wish of every sensible mind consideration to this part of the rolume, to find the influence, of which the puras it appears to have been arranged with suits of our country throw so large a care, and exhibits the zealous and inqui- part into the hands of wealth, (the most sitive spirit of its author. “ There is,” ignoble surely of all aristocracies,) partisays he, “a pride in our nature which re- cipated, and largely participated by the volts at the servile transcription of what liberal professions. For this reason, we, is not understood: the student, therefore, with the author, 'desire to see the prowill be stimulated to additional inquiry, session unpolluted by ignorance and knaand until he has sufficiently investigated very,' and should deem little more rethe subject, judiciously to abridge his quisite for the accomplishment of this author, or extract the substance, he will purpose, than the diffusion of the same zeal not record it in his note-book. The ob- for science, and the same liberal spirit as jects of noting are two; first, as a means are breathed in this volume, over more of inipressing knowledge on the mind, by of that ignoble host of students, who are selecting and extracting from each, that every where rushing to the forum to turn which is valuable, and secondly, the pos- their penury of knowledge to the best adsession of such a digest as may be fre- vantage. For such, the author declares quently resorted to; which digest being more than once, that his system of study the work of the student himself, carefully is neither designed nor adapted. There and judiciously selected from an infinite are certainly here no encouragements to variety of authors, and methodically ar- sloth; no attorney's guides through the ranged, must be familiar to him, and can short cuts of study to some humble stabe examined by him with more facility tion at the bar. But the emulous of legal for the solution of an occasional doubt, learning and distinction, who desire, like than perhaps any other work.” “Some,” Mansfield or Jones, to merit the respect continues he, after remarking the pro- of mankind by faithfully and wisely minpriety of adapting the system of notation istering in the sanctuaries of their rights to the progress of the student,"may think and immunities, have here an excellent that this is imparting to a trifling subject and minute vade mecum, which at once an air of scientific importance, and at- aims to give them just notions of the tempting to fashion on principle what functions of the jurisconsult, and to should vary with the taste or whim of teach the best mode, and to what points the student. We think not: the sim- to apply their labour. While the author, plest things in life lose none of their value however, seems desirous to accomplish by giving to them that philosophy which his Student in all the abstruseness of his really belongs to them." [p. 337.) profession, and very justly considers this

We cannot but express our hope and as the grand aim of his life, from which belief, that the author of the volume be- his attention is never to be long withfore us will be remunerated for his care drawn, he also insists on the acquisition and diligence, by its speedily becoming of liberal knowledge, as requisite to the the manual of the American law-students. formation of the perfect lawyer. “A The selection of works is judicious; the liberal mind," he observes, however order designated for their perusal natural zealously devoted to a particular profesand indicative of a legal mind, which has sion or pursuit, discovers its zeal, not by well considered its subject, and happily confining its views to that alone, but by anticipated the difficulties of these stu- collecting from all the range of science dies; the Course is of a proper extent, and art, whatever may perfect and emand interspersed with many remarks, bellish it; as a true lover of his country rules, and explanations, adapted to re- exhibits his attachment, not by wedding move the apprehensions or the doubts himself to its soil, but by exploring and of students, and cheer them in the path importing the improvements of others." of investigation. Mr. H. writes in the With the following passage, which disspirit of a man impressed with the impor- plays our author's conceptions of the chatance of his profession, and zealous to racter of the Law and the Lawyer, we promote its respectability by the learning, shall conclude the few extracts we have the liberality, and the bonesty of its re- made from the work. After animadverttainers. For this spirit we applaud him, ing on the manness and ignorance which and heartily desire to find his generous too often obtrude themselves into the aspirations to advance, in some degree, profession, he proceeds. "At the same hy his own labours, these laudable ends, time there are many, we fatter ourselves, compensated by a large augmentation of who, prompted by an honest passion the knowledge and ability of the Bar. It for distinction, not less than by the hope of emolument, will enter on the study of dent to these studies, has not only been our favourite science with the spirit and employed in the most noble and useful the views we have attempted to inspire; of human sciences, but has pursued the who conceiving of it far differently than best discipline for invigorating his intel.. as of a confused and arbitrary mass of lect, and enlarging his capacity for all dictums and decisions, regulated by no other profound and useful learning. We principles, and reducible to no order, do not wonder, therefore, that the paras a means of subsistence degenerating tiality of those, who, remembering, in ad. into drudgery, from the unscientific and dition to the elevation of its objects, at mechanical manner in which it is often once the learning and the skill, the papursued, and for the most part more tient research and the subtle genius, the disreputable, indeed, than a mechanical drudgery and the enterprise, the laboripursuit,--will desire to consider its phi- ous lucubrations and the ready adroitlosophy and reason, and will receive with ness, which scem requisite to form the pleasure every attempt to facilitate their accomplished lawyer, are disposed to exprogress by the classification and selec- alt it above every other art and science." tion of their reading. He, indeed, who (pp. 325, 326.) has bestowed on law this kind of consi- On the whole, we consider this yolume deration-who has contemplated it as ori- a very honourable proof of the learning ginating in the first principles of nature and research of a gentleman who is yet, and society; ever modified by circum- we understand, but in the “ May of life," stanees, yet ever constant to those prin- and who has many years before him to ciples; ever changing its particular di- add to his acquisitions; and we congrarection, yet never swerving from its ge- tulate the student on the possession of a neral and inevitable objects, the good manual so useful and complete. We order and felicity of mankind; he, too, have dwelt long on a subject which may who has exercised his genius in discern- not seem very amusing to the bulk of our ing the numerous modifications, combina- readers; but the satisfaction we have detions and distinctions of its principles, the rived from the publication of a work so infinite number of cases seemingly alike, much wanted as the present, must be our yet widely dissimilar, and all the subtle apology, niceties which seem peculiarly inci- X.


ART. 3. The Emigrant's Guide ; Or a Picture of America, exhibiting a view of the

United States, divested of Democratic colouring, taken from the original, now in the possession of James Madison, and his twenty-one governments. Also a Sketch of the British Provinces, delineating their native beauties and superior attractions. By an old Scene Painter. London. 1816. 8vo. pp. 77.

TE do not wonder at the jealousy momentary exultation. It is in vain to regard the rapid aggrandizement of these the French revolution had it been allowUnited States. The successful experi- ed to take its own course. It was not ment of the government of the people, jest to exhaust its violence on itself. The exhibited in the history of this country application of external force gave it anofrom the date of its independence, af- ther direction, and a new vigour. Its profords in itself a sufficient ground of alarm gress was marked with a desolation as abto hereditary rulers. It is supposed, and horrent to the views of its early promoters, with great reason, that the notions of li- as it was inconsistent with the principles of berty imbibed by the French officers and rational liberty. Its issue furnishes no crisoldiers who fought in our ranks in the terion by which to estimate the ability of war for independence, contributed to pro- the French people to legislate for themduce, in France, that impatience of the selves, much less does it present data for galling yoke of regal and ecclesiastical the solution of any general political probtyranny, which soon after overturned the lem. In this country a fair trial has been throne and the altar. But the change in made of the efficacy of democratic instithe condition of the French nation was tutions, under circumstances calculated to too great and too sudden to be borne test the energies of any government, and with equanimity; and the apprehensions the result goes to strengthen the confiof the neighbouring monarchs did not dence of those who rely on the common permit them to await the subsidence of a sense and common bonesty of manking as surer guaranties of the public weal, detract; and we read in her slanders the than the possible transmission of superior confession of her respect. wisdom or virtue in lineal succession. The transcript of the title page, which The dangerous example held out by us we have given at length, sufficiently intito the imitation of the discontented sub- mates the tenor of this production. The jects of despotic governments must needs writer intends to say as many severe have its effect. The immapse armies, things of us as he knows how to say. however, kept on foot by the European After some flippant remarks by way of sovereigns, quell the spirit of rebellion, general preface, he thus commences his though they cannot quench the love of li- attack. berty or the desire to participate in its bless- “Every nation has some peculiar charac. ings. Denied the hope of enjoying free teristic, and that of America has been constitutions in their own country, thou- very justly and appositely denominated sands are daily emigrating from the old low cunning. We give the appellation of continent to this favoured land. Thus Yankees to all the people of America the precautions taken by the European indiscriminately, but only the inhabitants potentates to guard against one evil have of the five New-England states are debrought on another, and the dread of re- nominated so among themselves, who are volt has only given place to the fear of noted for every species of dishonourable desertion.

traffic and chicanery, so much so, that To counteract this propensity to emi- all unfair dealings, and artful evasions, are gration, some of the continental govern- called Yankee tricks.” (p. 8.] ments have attempted to throw obstacles He next offers a passing compliment in its way,-but none of them have taken to the Dutch settlers in New-York and measures to remove the grounds of dis- Pennsylvania, and proceeds to pay his satisfaction in which it originates. In respects to the citizens of the south. England the means adopted to check a “The inhabitants of the southern states disposition which threatens the most per- are luxurious, indolent, and proud. They nicious consequences to the prosperity of are represented by the other states, and that kingdom, is to abuse America, its very justly too, as always aiming to supsoil and climate, its institutions and in- port a grandeur which their income is habitants. The pamphlet which gives inadequate to uphold, and of involving title to this article is one of the many re- themselves in debts without any regard cent publications that have disclosed this to their inability to discharge them.”[p. 9.] common aim. It is written in a very After a brief and blundering account scurvy style, and is evidently designed to of our national and state constitutions, circulate among the lower circles of so- and some sneers at the city of Washingciety, whom it is meant to mislead. As ton,

the author observesit may yield our readers some amusement “The mental faculties are said to degeneto see the stories that are propagated rate in the new world, perhaps from the concerning us, we will copy a few of the circumstance of learning having never arridiculous misrepresentations in this book, rived to that degree of perfection in which though we believe most of them have it may be found in Europe, and there bebeen retailed in Ashe's travels, and the ing no writers of eminence on any Quarterly Review. We are not surprised branch of literature among them. But, at the solicitude of the British govern- though original works are uncommon in ment to deter emigrations to the United America, British publications, enriched States. It is not only their loss of popu- with Yankee criticisins and emendations, lation but our gain that is to be taken into are numerous, particularly in the political consideration. In this view that loss is and geographical departments; and redoubled. We are natural rivals, and it printing is carried to a considerable extent is in vain to disguise it. But no good can in Philadelphia and New York.” [p. 20.] result to either from inflaming animosity. " There are five established theatres in Calumny is not less indicative of weak- America. -Boston, New York, Philadelness than of malevolence. There has phia, Baltimore, and Charleston, having been a great deal of it formerly invented each one, where plays are exhibited three 2nongst us against Great Britain. But times a week ; and they are large in proas we have ceased to entertain any ap- portion to the population of these respecprehensions of her power or her influence, tive cities. The managers of them comour politicians seem generally willing to plain of a want of encouraging support, concede to her all the praise that she bas though, to gratify the public, they import a right to claim. It is nosy her tum te new performers every season ; who are all, both male and female, of British two glasses of rum and water! At first I growth, and who, at most, when in their considered the affuir à jest ; and having native country, held but a second-rate been somewhat apprized of the nature standing in the Thespian corps. But and frequency of Yankee tricks, I conAmerican vanity sometimes dignifies ansidered this as one ; but I was soon undeIrish comedian with the flattering appel- ceived by hearing the colonel relate his lation of “The American Roscius; or revolutionary-exploits, and confirm his bestows on a favourite female performer claims to that exalted rank. Nor was I the title of "The American Jordan.' less surprised at the elegant sentiments, These are more frequently obtained by easy deportment, or graceful accomplishflattering republican prejudices than by ments of his lady, whose exterior habiliany theatrical excellence in those who ments were a yellow flannel half-gown obtain them; for every candidate for and a linsey-woolsey, petticoat; who, to public favour must make his debut recit- show a further contempt of the vanities ing a piece of doggerel rhyme, written in of dress, wore no stockings. A judge praise of the unlimited discernment, dis- (perhaps from motives of convenience) erimination, and judgment, of an Ameri- was also an inmate of this paltry dwellcan audience; praising the bravery and ing, whose legal knowledge, if commenfortitude of its heroes, and extolling the surate with his general sentiments, and incomparable charms of the Columbian other apparent acquirements, will never fair. In short, it must contain every reflect many exalted honours on its posthing but truth, which is dispensed with sessor.” (p. 25, 26.] for the more gratifying sounds of fictitious The 'Scene painter' next exercises his praise.” (p. 20, 21.)

pencil upon the fair. The following story was a very good

“The females are also conspicuous in one the first time it was told, but the best singularly blending meanness with pride. jokes will become stale by constant re- A lady in the southern parts, whose afpetition.

fected delicacy of frame seems scarcely " These republicans(contrary to the true sufficient to support her from the chamspirit of democracy) are passionately ber to the parlour;, who would faint at fond of military distinctions, it being no the sting of a gnat or the bite of a mosuncommon thing to hear almost every cheto, is the foremost to inflict punishment person in a common tap-room accosted on the bare skin of her negroes, both with either the appellation of captain or male and female; and, from the perfectmajor. They are also very lavish in be- ing hand of practice, these petticoat-flagilstowing these nominal honours on others, lators have acquired an uncommon share from a self-coniplacency in receiving of dexterity in their castigating prowess. them: for a stranger with a decently re- From such a wife (I think I hear the spectable appearance is sure to be ad- reader exclaim) good Lord deliver me! dressed with " How do you do, Colonel ?” to which I cordially respond Amen. In but if his dress be plain, he is saluted with the northern and midland cities may frethe clerical denomination of a dean; and quently be seen females, elegantly dressed if he wishes to please, he must be guided with silk stockings, silk gloves, and other in his addresses and salutations hy the costly habiliments, returning from market same rules of courtesy. I was not a little with one hand supporting a parasol, and disappointed in this particular, when going the other decorated with a calf's head or from Montreal to New York in company a shin of beef.” (p. 26.) with a loquacious Yankee, “ To-morrow, In the next paragraph, our author quite said he,“ we shall be at St. Alban's, when overshoots his mark; for, admitting what I will introduce you to Colonel he states to be true, the disclosure of such This both flattered my prospects and en- a trick must certainly stimulate the desire livened my expectations. I am surely a of the lovers of liberty and equality,'to fly fortunate fellow, thought I, to be, on my to the asylum of oppressed humanity.' arrival at the first town in the United “ The female servants of merchants, States, introduced to a man of rank. I put and tradesmen's daughters, are in the on my best apparel, and began to study forenoon mostly bare-legged, but in the an address for the occasion. But to my afternoon ornamented and decorated surprise, when we arrived at the first abundantly. And when they visit a tavern in the town, I heard the person theatre, they never degrade themselves who held our horses while we alighted, by going either to the gallery or the pit, accosted with the illustrious title of Colo- but must be seated in a box. For every Del, accompanied with an order to mix white female is a lady by Columbian


courtesy; an equality of rank, therefore, in boots. These notifications, to say the entitles a pot-wrestler to a place on the least of them, must operate as proofs same seat with her employers; for you convincive that republican manners have could not convey a greater insult to her not yet received the last polish of polite dignity than to call them her masters and excellence." [47, 48.) mistresses,as these are terms she never con- The above extracts will show what pains descends to acknowledge.--Courtships are taken in Great Britain to disseminate are seldom protracted to any great length false representations of the character and of time; and many matches are made condition of this country. The motive and confirmed in the hasty despatch of a which prompts them is apparent. We fortnight; which perhaps is the cause of are not willing to attach too much imso many separations taking place amongst portance to an anonymous libel, but when the lower order of the American commu- currency is given to a multitude of siminity. A woman is considered in Eng- lar calumnies, we must suppose that an land a spoiled child, but she is more so in incentive is supplied for their forgery. America, as the law has hitherto neglect. Yet we have been more diverted than ed to empower the husband with that provoked by the broad caricatures of discretionary power called gentle correc- this old scene painter; though it is to be tion. And the most trifling instances of regretted that so much zeal should be assault and battery are sufficient to em- combined with so little skill. Had he power the wife to confine her husband in understood his business, he would have the common criminals' apartments until 'got up' his grotesque pictures with more she pleases to liberate him.”

comic effect. Should heagain take his brush It is a shocking evidence of our com- in hand, we would recommend to him to parutive want of civilization, that hus- study Matthew Bramble’s' tour to Bath, bands are not permitted by our laws to Owen Felltham's description of Holland, flog their wives! We shall detain the and Wilkes's sketches of Scotland, as moreader with only one more sample of this dels of the art of colouring. veritable pamphleteer's portrait of Ame- The account of the British Provinces is rican manners.

not more true, and much less entertain “Smoking is indulged, and practised ing, than the survey of the United States. by all conditions both at home and Without denying advantages which we abroad: nor are public places of amuse- have no wish to diminish, we question ment exempt from the obtrusive visits of very much whether any citizen of republitobacco-smoke, though managers of thea- can America ever experienced a sentiment tres, and conductors of assemblies, take of envy,' from contrasting his own opevery opportunity to remind the Colum- portunities and condition with the local bian loungers, that this habit is by no or political privileges of his Britannic means essential in the composition of a Majesty's subjects in any quarter of the gentleman; and close their bills of enter- globe. tainment with observing, that smoking E. annot be allowed, nor dancers admitted

ART. 4. A Nurralire of the Briton's Voyage to Pitcairn's Island. By Lieulenant

J. Shillibeer, R. M. Illustrated with eighteen etchings by the Fiuthor, from drareings on the spot. 8vo. pp. 179. Law and Whittaker. London, 1817.


selected for the purpose of promot- all on board, that according to the charts ing its sale, for it is several other things at they were 180 or 200 miles to the eastleast as much as it is a voyage to Pit- ward of that interesting spot. Besides, cairn's Island. The Briton, frigate, in after thus suddenly coming in sight of which Lientenant Shillibeer sailed, after a the island, the lientenant did not go on long cruise along the African coast,—the shore. The vessel staid only long enough Brazil coast,—and round Cape Horn, for the captain to make a hasty visit to along the coast of Chili and Peru; and the patriarch of the colony, and ascertain after passing a considerable time among the latitude and longitude of the place, the Gallapagos and the Washington when she continued her course for Chili; Islands, sailed from the latter on the ed of and all that relates to Pitcairn's Island oeSeptember, 1814, for Valparaiso, and on cupies but twenty-one pages of a book the passage, unexpectedly fell in with Pit- that contains one hundred and serents

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