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all means advise the student to give his consideration to this part of the volume, as it appears to have been arranged with care, and exhibits the zealous and inquisitive spirit of its author. "There is," says he, "a pride in our nature which revolts at the servile transcription of what is not understood: the student, therefore, will be stimulated to additional inquiry, and until he has sufficiently investigated the subject, judiciously to abridge his author, or extract the substance, he will not record it in his note-book. The objects of noting are two; first, as a means of impressing knowledge on the mind, by selecting and extracting from each, that which is valuable, and secondly, the possession of such a digest as may be frequently resorted to; which digest being the work of the student himself, carefully and judiciously selected from an infinite variety of authors, and methodically arranged, must be familiar to him, and be examined by him with more facility for the solution of an occasional doubt, than perhaps any other work." "Some," continues he, after remarking the propriety of adapting the system of notation to the progress of the student, "may think that this is imparting to a trifling subject an air of scientific importance, and attempting to fashion on principle what should vary with the taste or whim of the student. We think not: the simplest things in life lose none of their value by giving to them that philosophy which really belongs to them." [p. 337.]

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We cannot but express our hope and belief, that the author of the volume before us will be remunerated for his care and diligence, by its speedily becoming the manual of the American law-students. The selection of works is judicious; the order designated for their perusal natural and indicative of a legal mind, which has well considered its subject, and happily anticipated the difficulties of these studies; the Course is of proper extent, and interspersed with many remarks, rules, and explanations, adapted to remove the apprehensions or the doubts of students, and cheer them in the path of investigation. Mr. H. writes in the spirit of a man impressed with the importance of his profession, and zealous to promote its respectability by the learning, the liberality, and the honesty of its retainers. For this spirit we applaud him, and heartily desire to find his generous aspirations to advance, in some degree, by his own labours, these laudable ends, compensated by a large augmentation of the knowledge and ability of the Bar. It

must be the wish of every sensible mind to find the influence, of which the pursuits of our country throw so large a part into the hands of wealth, (the most ignoble surely of all aristocracies,) participated, and largely participated by the liberal professions. For this reason, we, with the author, desire to see the profession unpolluted by ignorance and knavery,' and should deem little more requisite for the accomplishment of this purpose, than the diffusion of the same zeal for science, and the same liberal spirit as are breathed in this volume, over more of that ignoble host of students, who are every where rushing to the forum to turn their penury of knowledge to the best advantage. For such, the author declares more than once, that his system of study is neither designed nor adapted. There are certainly here no encouragements to sloth; no attorney's guides through the short cuts of study to some humble station at the bar. But the emulous of legal learning and distinction, who desire, like Mansfield or Jones, to merit the respect of mankind by faithfully and wisely ministering in the sanctuaries of their rights and immunities, have here an excellent and minute vade mecum, which at once aims to give them just notions of the functions of the jurisconsult, and to teach the best mode, and to what points to apply their labour. While the author, however, seems desirous to accomplish his student in all the abstruseness of his profession, and very justly considers this as the grand aim of his life, from which his attention is never to be long withdrawn, he also insists on the acquisition of liberal knowledge, as requisite to the formation of the perfect lawyer. "A liberal mind," he observes, "however zealously devoted to a particular profession or pursuit, discovers its zeal, not by confining its views to that alone, but by collecting from all the range of science and art, whatever may perfect and embellish it; as a true lover of his country exhibits his attachment, not by wedding himself to its soil, but by exploring and importing the improvements of others." With the following passage, which displays our author's conceptions of the character of the Law and the Lawyer, we shall conclude the few extracts we have made from the work. After animadverting on the meanness and ignorance which too often obtrude themselves into the profession, he proceeds. "At the same time there are many, we flatter ourselves, who, prompted by an honest passion for distinction, not less than by the hope.

of emolument, will enter on the study of our favourite science with the spirit and the views we have attempted to inspire; who conceiving of it far differently than as of a confused and arbitrary mass of dictums and decisions, regulated by no principles, and reducible to no order, as a means of subsistence degenerating into drudgery, from the unscientific and mechanical manner in which it is often pursued, and for the most part more disreputable, indeed, than a mechanical pursuit, will desire to consider its philosophy and reason, and will receive with pleasure every attempt to facilitate their progress by the classification and selection of their reading. He, indeed, who has bestowed on law this kind of consideration-who has contemplated it as originating in the first principles of nature and society; ever modified by circumstances, yet ever constant to those principles; ever changing its particular direction, yet never swerving from its general and inevitable objects, the good order and felicity of mankind; he, too, who has exercised his genius in discerning the numerous modifications, combinations and distinctions of its principles, the infinite number of cases seemingly alike, yet widely dissimilar, and all the subtle nicetics which seem peculiarly inci

dent to these studies, has not only been employed in the most noble and useful of human sciences, but has pursued the best discipline for invigorating his intellect, and enlarging his capacity for all other profound and useful learning. We do not wonder, therefore, that the partiality of those, who, remembering, in addition to the elevation of its objects, at once the learning and the skill, the patient research and the subtle genius, the drudgery and the enterprise, the laborious lucubrations and the ready adroitness, which seem requisite to form the accomplished lawyer, are disposed to exalt it above every other art and science." (pp. 325, 326.]

On the whole, we consider this volume a very honourable proof of the learning and research of a gentleman who is yet, we understand, but in the "May of life," and who has many years before him to add to his acquisitions; and we congratulate the student on the possession of a manual so useful and complete. We have dwelt long on a subject which may not seem very amusing to the bulk of our readers; but the satisfaction we have derived from the publication of a work so much wanted as the present, must be our apology.

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.

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W E do not wonder at the jealousy momentary exultation. It is in vain to regard the rapid aggrandizement of these United States. The successful experiment of the government of the people, exhibited in the history of this country from the date of its independence, affords in itself a sufficient ground of alarm to hereditary rulers. It is supposed, and with great reason, that the notions of liberty imbibed by the French officers and soldiers who fought in our ranks in the war for independence, contributed to produce, in France, that impatience of the galling yoke of regal and ecclesiastical tyranny, which soon after overturned the throne and the altar. But the change in the condition of the French nation was too great and too sudden to be borne with equanimity; and the apprehensions of the neighbouring monarchs did not permit them to await the subsidence of a

the French revolution had it been allowed to take its own course. It was not left to exhaust its violence on itself. The application of external force gave it another direction, and a new vigour. Its progress was marked with a desolation as abhorrent to the views of its early promoters, as it was inconsistent with the principles of rational liberty. Its issue furnishes no criterion by which to estimate the ability of the French people to legislate for themselves, much less does it present data for the solution of any general political problem. In this country a fair trial has been made of the efficacy of democratic institutions, under circumstances calculated to test the energies of any government, and the result goes to strengthen the confidence of those who rely on the common sense and common honesty of manking

as surer guaranties of the public weal, than the possible transmission of superior wisdom or virtue in lineal succession. The dangerous example held out by us to the imitation of the discontented subjects of despotic governments must needs have its effect. The immopse armies, however, kept on foot by the European sovereigns, quell the spirit of rebellion, though they cannot quench the love of liberty or the desire to participate in its blessings. Denied the hope of enjoying free constitutions in their own country, thousands are daily emigrating from the old continent to this favoured land. Thus the precautions taken by the European potentates to guard against one evil have brought on another, and the dread of revolt has only given place to the fear of desertion.

To counteract this propensity to emigration, some of the continental governments have attempted to throw obstacles in its way, but none of them have taken measures to remove the grounds of dissatisfaction in which it originates. In England the means adopted to check a disposition which threatens the most pernicious consequences to the prosperity of that kingdom, is to abuse America, its soil and climate, its institutions and inhabitants. The pamphlet which gives title to this article is one of the many recent publications that have disclosed this common aim. It is written in a very scurvy style, and is evidently designed to circulate among the lower circles of society, whom it is meant to mislead. As it may yield our readers some amusement to see the stories that are propagated concerning us, we will copy a few of the ridiculous misrepresentations in this book, though we believe most of them have been retailed in Ashe's travels, and the Quarterly Review. We are not surprised at the solicitude of the British government to deter emigrations to the United States. It is not only their loss of population but our gain that is to be taken into consideration. In this view that loss is doubled. We are natural rivals, and it is in vain to disguise it. But no good can result to either from inflaming animosity. Calumny is not less indicative of weakness than of malevolence. There has been a great deal of it formerly invented amongst us against Great Britain. But as we have ceased to entertain any apprehensions of her power or her influence, our politicians seem generally willing to concede to her all the praise that she has a right to claim. It is now her turn to

detract; and we read in her slanders the confession of her respect.

The transcript of the title which page, we have given at length, sufficiently intimates the tenor of this production. The writer intends to say as many severe things of us as he knows how to say. After some flippant remarks by way of general preface, he thus commences his attack.

"Every nation has some peculiar charac teristic, and that of America has been very justly and appositely denominated low cunning. We give the appellation of Yankees to all the people of America indiscriminately, but only the inhabitants of the five New-England states are denominated so among themselves, who are noted for every species of dishonourable traffic and chicanery, so much so, that all unfair dealings, and artful evasions, are called Yankee tricks." [p. 8.]

He next offers a passing compliment to the Dutch settlers in New-York and Pennsylvania, and proceeds to pay his respects to the citizens of the south.

"The inhabitants of the southern states are luxurious, indolent, and proud. They are represented by the other states, and very justly too, as always aiming to support a grandeur which their income is inadequate to uphold, and of involving themselves in debts without any regard to their inability to discharge them."[p. 9.]

After a brief and blundering account of our national and state constitutions, and some sneers at the city of Washington, the author observes

"The mental faculties are said to degenerate in the new world, perhaps from the circumstance of learning having never arrived to that degree of perfection in which it may be found in Europe, and there being no writers of eminence on any branch of literature among them. But, though original works are uncommon in America, British publications, enriched with Yankee criticisms and emendations, are numerous, particularly in the political and geographical departments; and reprinting is carried to a considerable extent in Philadelphia and New York." [p. 20.]

"There are five established theatres in America,-Boston, New York, Philadelphia, Baltimore, and Charleston, having each one, where plays are exhibited three times a week; and they are large in proportion to the population of these respective cities. The managers of them complain of a want of encouraging support, though, to gratify the public, they import new performers every season; who are

all, both male and female, of British growth, and who, at most, when in their native country, held but a second-rate standing in the Thespian corps. But American vanity sometimes dignifies an Irish comedian with the flattering appellation of The American Roscius; or bestows on a favourite female performer the title of The American Jordan.' These are more frequently obtained by flattering republican prejudices than by any theatrical excellence in those who obtain them; for every candidate for public favour must make his debut reciting a piece of doggerel rhyme, written in praise of the unlimited discernment, diserimination, and judgment, of an American audience; praising the bravery and fortitude of its heroes, and extolling the incomparable charms of the Columbian fair. In short, it must contain every thing but truth, which is dispensed with for the more gratifying sounds of fictitious praise." [p. 20, 21.]

The following story was a very good one the first time it was told, but the best jokes will become stale by constant repetition.

"These republicans (contrary to the true spirit of democracy) are passionately fond of military distinctions, it being no uncommon thing to hear almost every person in a common tap-room accosted with either the appellation of captain or major. They are also very lavish in bestowing these nominal honours on others, from a self-complacency in receiving them for a stranger with a decently respectable appearance is sure to be addressed with "How do you do, Colonel?" but if his dress be plain, he is saluted with the clerical denomination of a dean; and if he wishes to please, he must be guided in his addresses and salutations by the same rules of courtesy. I was not a little disappointed in this particular, when going from Montreal to New York in company with a loquacious Yankee, "To-morrow," said he, "we shall be at St. Alban's, when I will introduce you to Colonel This both flattered my prospects and enlivened my expectations. I am surely a fortunate fellow, thought I, to be, on my arrival at the first town in the United States, introduced to a man of rank. I put on my best apparel, and began to study an address for the occasion. But to my surprise, when we arrived at the first tavern in the town, I heard the person who held our horses while we alighted, accosted with the illustrious title of Colopel, accompanied with an order to mix

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two glasses of rum and water! At first I' considered the affair a jest; and having been somewhat apprized of the nature and frequency of Yankee tricks, I considered this as one; but I was soon undeceived by hearing the colonel relate his revolutionary-exploits, and confirm his claims to that exalted rank. Nor was I less surprised at the elegant sentiments, easy deportment, or graceful accomplishments of his lady, whose exterior habiliments were a yellow flannel half-gown and a linsey-woolsey petticoat; who, to show a further contempt of the vanities of dress, wore no stockings. A judge (perhaps from motives of convenience) was also an inmate of this paltry dwelling, whose legal knowledge, if commensurate with his general sentiments, and other apparent acquirements, will never reflect many exalted honours on its possessor." [p. 25, 26.]

The Scene painter' next exercises his pencil upon the fair.

"The females are also conspicuous in singularly blending meanness with pride. A lady in the southern parts, whose affected delicacy of frame seems scarcely sufficient to support her from the chamber to the parlour; who would faint at the sting of a gnat or the bite of a moscheto, is the foremost to inflict punishment on the bare skin of her negroes, both male and female; and, from the perfecting hand of practice, these petticoat-flagillators have acquired an uncommon share of dexterity in their castigating prowess, "From such a wife (I think I hear the reader exclaim) good Lord deliver me! to which I cordially respond Amen. In the northern and midland cities may frequently be seen females, elegantly dressed with silk stockings, silk gloves, and other costly habiliments, returning from market with one hand supporting a parasol, and the other decorated with a calf's head or a shin of beef." [p. 26.]

In the next paragraph, our author quite overshoots his mark; for, admitting what he states to be true, the disclosure of such a trick must certainly stimulate the desire ofthe lovers of 'liberty and equality,' to fly to the asylum of oppressed humanity.'

"The female servants of merchants, and tradesmen's daughters, are in the forenoon mostly bare-legged, but in the afternoon ornamented and decorated abundantly. And when they visit a theatre, they never degrade themselves by going either to the gallery or the pit, but must be seated in a box. For every white female is a lady by Columbian

courtesy; an equality of rank, therefore, entitles a pot-wrestler to a place on the same seat with her employers; for you could not convey a greater insult to her dignity than to call them her masters and mistresses,as these are terms she never condescends to acknowledge.-Courtships are seldom protracted to any great length of time; and many matches are made and confirmed in the hasty despatch of a fortnight; which perhaps is the cause of so many separations taking place amongst the lower order of the American community. A woman is considered in England a spoiled child, but she is more so in America, as the law has hitherto neglect ed to empower the husband with that discretionary power called gentle correction. And the most trifling instances of assault and battery are sufficient to empower the wife to confine her husband in the common criminals' apartments until she pleases to liberate him."

It is a shocking evidence of our comparative want of civilization, that husbands are not permitted by our laws to flog their wives! We shall detain the reader with only one more sample of this veritable pamphleteer's portrait of Amevican manners.

"Smoking is indulged, and practised by all conditions both at home and abroad: nor are public places of amusement exempt from the obtrusive visits of tobacco-smoke, though managers of theatres, and conductors of assemblies, take every opportunity to remind the Columbian loungers, that this habit is by no means essential in the composition of a gentleman; and close their bills of entertainment with observing, that smoking cannot be allowed, nor dancers admitted

in boots. These notifications, to say the least of them, must operate as proofs convincive that republican manners have not yet received the last polish of polite excellence." [47, 48.]

The above extracts will show what pains are taken in Great Britain to disseminate false representations of the character and condition of this country. The motive which prompts them is apparent. We are not willing to attach too much importance to an anonymous libel, but when currency is given to a multitude of similar calumnies, we must suppose that an incentive is supplied for their forgery. Yet we have been more diverted than provoked by the broad caricatures of this old scene painter;' though it is to be regretted that, so much zeal should be combined with so little skill. Had he understood his business, he would have got up' his grotesque pictures with more comic effect. Should he again take his brush in hand, we would recommend to him to study Matthew Bramble's' tour to Bath, Owen Felltham's description of Holland, and Wilkes's sketches of Scotland, as mo dels of the art of colouring.

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The account of the British Provinces is not more true, and much less entertaining, than the survey of the United States. Without denying advantages which we have no wish to diminish, we question very much whether any citizen of republican America ever experienced a sentiment of envy,' from contrasting his own opportunities and condition with the local or political privileges of his Britannic Majesty's subjects in any quarter of the globe.

E.

ART. 4. A Narrative of the Briton's Voyage to Pitcairn's Island. By Lieutenant J. Shillibeer, R. M. Illustrated with eighteen etchings by the Author, from drawings on the spot. 8vo. pp. 179. Law and Whittaker. London. 1817.

THE title of this book must have been selected for the purpose of promoting its sale, for it is several other things at least as much as it is a voyage to Pitcairn's Island. The Briton, frigate, in which Lieutenant Shillibeer sailed, after a long cruise along the African coast, the Brazil coast, and round Cape Horn, along the coast of Chili and Peru; and after passing a considerable time among the Gallapagos and the Washington Islands, sailed from the latter on the 2d of September, 1814, for Valparaiso, and on the passage, unexpectedly fell in with Pit

cairn's Island, when it was supposed by all on board, that according to the charts they were 180 or 200 miles to the eastward of that interesting spot. Besides, after thus suddenly coming in sight of the island, the lieutenant did not go on shore. The vessel staid only long enough for the captain to make a hasty visit to the patriarch of the colony, and ascertain the latitude and longitude of the place, when she continued her course for Chili; and all that relates to Pitcairn's Island occupies but twenty-one pages of a book that contains one hundred and seventy

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