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after its renovation by Louis XIV. the of the two countries, blended together
, personage who filled this high office had as they were, by their original relation as jurisdiction, either by himself or his lieu- provinces of the Roman empire, by the tenants and delegates, of all maritime Norman conquest of England, and the intorts, and all contracts of a maritime vasion of France by the English kings, by nature,
the prevalence of the feudal system, the Such are the history and attributes of papal power and the spirit of the cruthis ofice in France. In England it sub- sades. sisted with the same title until the reign It is therefore highly probable that the of Charles II. when it was filled by his framers of the constitution, who were enbrother the duke of York, (afterwards lightened and liberal minded men, selectJames II.) but he being excluded from ed the phrase, “ causes of admiralty and office, as a Catholic, by the test act, in maritime jurisdiction,” as adapted to ex1673, it was executed by commissioners, press the amplitude of jurisdiction anwith the same power and authority as ciently enjoyed by the English admiral. belonged to the Lord High Admiral. ty, and still possessed by it in France, in During the reign of William II. it was Scotland, and in the British colonies; and conferred on the earl of Pembroke; and that they did not use it in the narrow in that of Anne upon Prince George of sense it might convey to the ear of an Denmark, her husband ; but, since the English common lawyer. accession of the House of Hanover, the This probability is enhanced by con. office has been vested in commissioners, sidering that the term “ maritime' is suwho are styled the Lords Commissioners peradded to “ admiralty," as it would of the Admiralty. But the king is said seem, er industria, so as to embrace the still to hold, for certain purposes, the of- whole extent of jurisdiction over all fice of High Admiral, in a capacity dis- causes, civil and criminal, growing out of tinguishable from his regal character; a maritime commerce, similar to that endistinction of practical importance in the joyed in all the maritime countries of Eulaw of prize, but immaterial to the pre- rope by special tribunals, under the vasent object. The English court of ad- rious names of consular, maritime, com. miralty is held before the Lord High Ad- mercial, or admiralty courts. miral, or his deputy, the judge of the Among the subjects of a more general High Court of Admiralty, who formerly nature, which are discussed in this volume, held his place by patent from the Lord is a very important question of constituHigh Admiral, but who, since that of tional, or public law, in the case of The fice has only existed in contemplation of Society for Propagating the Gospel, &c. law, holds it by a direct commission vs. Wheeler; in which, the local statute from the crown. The High Court of of New-Hampshire, allowing to bona ile Admiralty in Scotland is held before the possessors of lands, recovered by suit
, delegate of the High Admiral, who may
indemnification for improvements also name other inferior local deputies, made by them, was pronounced to be unand who is declared to be the king's jus- constitutional, so far as it operated retrotice general upon the seas, or fresh spectively. The case of Hatch vs. White
, water within flood and mark, and in all (p. 152.) settles a principle which does not harbours and creeks, and whose juris- appear to have received a direct determidiction extends to all maritime causes.f nation in England ; it is, that, after the The vice admiralty courts in the colonies foreclosure of a mortgage, the mortgagee and other foreign dominions of Great may still recover at law, upon the attenBritain, are constituted, and their judges dant bond or note, the deficiency of the appointed by the Lords Commissioners mortṣaged property to pay the debt due, of the Admiralty:
calculating the value of such property at This conformity between the origin the time of the actual foreclosure. In the and history of the courts of admiralty in Jerusalem, (p. 191.) it was determined France and in Great Britain would there that the courts of this country may take fore seem to imply that their civil, crimi- jurisdiction of personal actions between nal, and prize jurisdiction, however it foreigners, when the person or property may have been shifted from its ancient is within reach of the process of the court
, foundations, must have been formerly wherever the cause of action may have the same. This supposition derives ad- originated. The doctrine of res judicata ditional strength from the intimate con- is considered in Harvey vs. Richards, (p. nexion that subsists between the history 216.) where it was decided that a decree
of reversal, by a supreme court of pro2 Bro. Civ. and Adn. Lau, 30.
bate, of a decree of distribution by an in
ferior court, is no bar to a subsequent suit plicitly followed. But in all other cases, by the same parties. In Payson vs. Cool- and where the legislative will has not preidge, (p. 233.) it was determined that a scribed a rule of positive institution, or promise to accept a non-existing bill, then commercial usage created one, courts of to a third person, who, upon the faith of justice ought no farther to be bound by such promise, takes it for a valuabe con- the decisions of their predecessors than sideration, is in law an acceptance of such as they are conformable with the fundabill when drawn. Affirmed in the Sup. mental principles of jurisprudence, or are Co. Feb. T. 1817, 2 Wheat. R. 66. În corollaries logically deduced from those the case of the Jerusalem, (p. 345.) it was principles. The law would then become settled that a tradesman has a lien on a a Science improveable like other scienforeign ship, lying in one of our ports, ces, by the exercise of all the intellectual for repairs made by him on the vessel, faculties, and not be dependant upon the which is to be preferred to a bottomry memory alone ; so that he who can string bond, if the repairs appear to be indis- together cases, by names and dates, is conpensable ; and in the same case, (p. 483.) sidered a greater lawyer than Mansfield that a wharfinger has a lien on a foreign or D’Aguesseau, and a nisi prius dictum, ship for warfage, but this will not be pre- which may have been mistaken or misferred to a bottomry interest previously represented, is put in the balance against attaching, if the warfinger has made an the scientific inductions of a Pothier, or a express personal contract with the ship Jones. Nor would the abolition of this owner.
jurisprudence des arrets destroy the utiliIn this last case the court yielded to ty of such books of reported decisions as the weight of the common law authori- that before us, which would not be conties, by which, it has been adjudged that sulted by mere case-hunters only, but where the parties enter into a personal would be resorted to by the scientific contract for a specific sum, it is a dis- lawyer as a rich collection of reasonings, charge of the lien resulting by implication which may be applied to other anologiof law; but at the same time the learned cal cases, and extended to the invention judge expressly referred the right hereaf- of new principles, or to the induction of ter to review those authorities and to as- new corollaries from the same principles. certain whether they are founded on any The value of the work in this respect is rational principle. It is to be desired much increased by the free use which is that all our judges would manifest the made in it of that code of written reason, same courage in throwing off the slavery the civil law; which is an inexhaustible of precedents, to which, by far too much reservoir of equitable rules applicable to influence has been allowed in judicial de- the ever varying circumstances of society, cisions in this country. Wherever such and does more honour to the Romans decisions form a rule of property, which than all their victories and triumphs, and cannot be altered without shaking titles monuments; and by which, that wonacquired under the faith of the rule, and derful people, though extinct as a martial in the numerous cases where it is imma- state, still continue silently to rule the terial what the rule is, so that it be fixed greater portion of the civilized world. and known, precedents ought to be im
ART. 4. Transactions of the Physico-Medical Society of New-York. Vol. I. Nev.
York, Collins and Co. 1817, 8vo. pp. 438, with prints. A MONG the many occurrences wor- butions to the common stock of informents in society, during the age in which The volume now before us we live, is the association of respectable from another quarter. It appears that and competent individuals, for the com- during the summer of 1815, a number of munication and diffusion of useful know. the junior members of the medical proledge. The Society for the Promotion of fession in the city of New-York formed Arts, the Historical Society, and the themselves into a body, called the PhyLiterary and Philosophical Society, have sico-Medical Society. The chief object already distinguished themselves by their of the association is to employ every exerrespective publications, whereby they tion, jointly and severally, for making have increased their own reputation, observations, collecting facts, instituting while they have made valuable contri- inquiries, and offering written essays on subjects of a professional nature, particu- story, although he may be mistaken, or larly as they occur in America. The labour under an error, he is nevertheless members are arranged into two classes, a true man. His integrity makes him fullows and correspondents. Among the true; an unintentional error does not despecified articles of research, the consti- stroy his truth. Truth being therefore tution enumerates memoirs on medicine merely a person's matured and discreet and surgery; the history of particular opinion, there may be opposite and even diseases, with the best curative means; contradictory truths, and this may, and a detailed account of cases, accompa- indeed often does, happen, without any nied by reflections and inferences; new imputation on the honesty of the parties facts in relation to the bunan body, confronting each other. physiologically and anatomically; addi- Let us take an illustration from the tions to the catalogue of medicines, and courts of law. There the witness is improvements in the modes of prepar- sworn to declare " the truth, the whole ing and applying them ; information de- truth, and nothing but the truth.” Alrived from natural history, chemistry, though the testimony of one witness and the auxiliary departments of science; should be directly adverse to that of and, lastly, the discouragement of abuses another, yet, where both are fair and unin the study and practice of the profes- blemished, they are true men, and speak sion, and in the composition and use of the truth. So the judges consider them; remedies.
for if they are upright and candid, howUnder this organization, the members ever they may differ, nobody charges have been so active, and have bestirred them with falsehood, far less with perthemselves with such diligence, that the jury. The juror's oath, in like manner, present volume has been produced. binds him “ to find a true verdict accord
We have carefully examined it. We ing to evidence.” This signifies that the find it a miscellany of interesting articles, judgment he shall give on the matter some of which possess distinguished before him, shall be deduced from the merit, others are very respectable, and evidence, with all the ability and imparnone of thein unworthy. The pieces do tiality he can bestow upon it. Now, the credit at once to the authors and to the juror may mistake the matter, and derive committee of publication. From such a his conclusion from premises that are misbeginning much good may be antici: conceived or erroneous. Where, howpated; and we exhort the members to a ever, his intention is good and faithful, steadiy perseverance in their original de- such error, though it may vitiate the sign.
verdict, does in no degree taint the juror's It is time, however, that we should rectitude. proceed with the book. The first ar- In these instances, we cannot too much ticle is a discourse, in the form of an in- admire the sagacity that dictated these troduction, hy Elias Marks, M.D. on two forms of obligation, awakening the what he calls “the Sophistication of moral sense without ensnaring it; and Medic::1 Theory.” We are pleased with leaving room for amending unavoidable the mixture of learning, tiste, and inge- errors in witnesses and jurors, by new nuity, which distinguishes this perforin- trials, without impugning the honesty of ance from beginning to end. Yet we either. must be indulged in a few remarks.
A man's truth being thus his sincere The author mentions truth as being and candid opinion upon a subject viewed " ever one and the same.” This is one by the best light of opportunity and unof the dogmas of the schools which a derstanding, there may be as many mind as intelligent as his, ought to have truths as there are honest minds. Neither discarded. Truth, as the acute and lo- the witness nor the juror is sworn to the gical John llorne Tooke observes, is a fact, but only to the truth. To swear word of nearly the saune import, and of them to the former would be to ensnare exactly the same origin with trolh; both their consciences, while a due regard to being derived from the old verb trow. the latter obliges a rational and accountTo" trow,” or to “ pledge one's troth,” able being to make a full and just disclomeant simply a conscientious and sincere sure of all that he knows. And in this way, declaration of one's knowledge, persua- the distinction between fact and truth is sion, or conviction, on a given subject. It to be understood and explained. We has reference merely to the sincerity and hope our logicians will henceforward honesty of the individual's statement or cease to declaim on the “unity and samedeclaration. If he is solemnly impressed ness of truth. with the reality or correctness of his The author endeavours to state the
distinction between Theory and Hypo- that shall be displayed. We are gratified
Hartford, Connecticut, in 1809.” It ap-
J.B. Whitridge, M. D.” This is a comSince therefore all men reason, they munication to Dr. W. M. Ross, then a are divisible into the two classes of good Hospital Surgeon, and contains a' welland bad reasoners. We agree with Dr. written and sensible description of the M. that a frequent cause of error, is the disease which destroyed the troops, and fondness for generalizing, leading to the an opinion on the causes, and the preferdeduction of an universal result, hastily able treatment of it. Bad police, a cold and and prematurely, from partial considera- damp atmosphere, intemperate eating tions.
and drinking, an abuse of whiskey, aliWhen persons who undertake to em- ment scanty and sometimes unsound, and body facts, to arrange objects, to record impure water, are enumerated among the events, and to draw conclusions from the agents of this mischief, and they are onsurvey they have made, shall labour dili- ly a part of them. Besides the profesgently, and wait patiently, there will be sional view of the subject, the reader canfewer mistakes and crudities brought not fail to learn how, in time of war, new forth. But as long as fancy shall be taken levics of soldiers are dreadfully cut dowo for fact, and conceit be received for logic, by sickness, while they are under the visionary doctrines and imaginary notions operation of being habituated or seasoriwill from time to time be presented to the ed to military life. world. For a season, they will attract
II. Jiedical topography. attention or admiration ; but when their "Observations on the climate and disimposing novelty is past, they will yield eases of the town of Deerfield, in the to the next brilliant or captivating system county of Franklin, and State of Massü
chusetts, by Dr. Stephen W. Williams." from its direction and the consequent Chorographical accounts of particular re- gymptoms, did severe injury to the cergions and districts are valuable portions vical nerves. At the end of six months of knowledge. They are the parts which the patient had recovered from every bad by addition make up the whole. The symptom. But his arms were exquimodern term of Statistics has been ap- sitely sensible to atmospheric changes, plied to this subject, meaning thereby a and there was a stiffness of the neck. description of a place in its actual condi- "Memoir on the subsequent treatmentof tion, or just as it is. The author refers to the head, illustrated by cases, by ValenDickenson's geographical, statistical, and tine Mott, M. D.” The author shows in historical view of the same town, as pub- this able and perspicuous paper, that the lished before he wrote, and therefore practice of dressing the head after severe limits himself more strictly to profession- injuries or surgical operations, on the al affairs,
fourth or fifth day, is improper; and III. Botany.
that, as a general rule, the head, after " An Inquiry into the Botanical Histo- such accidents, ought not to be dressed ry, Chemical properties, and Medicinal before the fourteenth, or even the sixqualities, of the Erigeron Canadense, by teenth day from the time of the accident. Cornelius E. De Puy, M. D.” In this Me. The excellence of this appears by three moir the author has given an advantageous cases, wherein the head, after violent injuspecimen of his talent for investigating ries and great operations, was left to its and exploring a subject. He has select- original dressings until the fifteenth, and ed a native plant: he has given a beauti- even the sixteenth day after their appliful figure of it coloured from nature ; he cation. has referred it to its place in botanical “ Case of Carotid Aneurism, cured by system; he has investigated it chemical- an operation, by Wright Post, M. D.” ly; and lastly he has laboured to find out This is an instance of this formidable its remedial powers. Its decoction and operation successfully performed. The infusion promise benefit to those who suf- patient was a woman thirty-two years fer diarrhea.
old, who had perceived the tumour to be “ Botanical Description of the Tillæa growing for about four years. It having connata and Limosella subulata. By been decided, in a consultation of surEli Ives, M. D.”
geons, that tying the artery between the This is the history and description of heart and the tumour, afforded the only two small aquatic plants, discovered by reasonable prospect of cure, the operaProfessor Ives on the banks of the river tion was performed thus: “ An incision Housatonick, and, about the same time, was made three inches in length, on the by Mr. Nuttall, on those of the Delaware. inner edge of the sterno-mastoid muscle, These discoveries and descriptions evince from the lower part of the tumour to the nicety and exactness to which bo- within a quarter of an inch of the clatanical research has arrived among us. vicle. The dissection was continued IV. Surgery.
between the mastoid, and sterno-thyroid “ Case of gunshot wound in Major muscles down to the omo-hyoideus. General Ripley. By E. L. Allen, Surgeon This part of the operation was in a dein the U. S. Infantry.” The writer relates gree embarrassed by the division of two the accident which befell that brave of- or three small arteries ; the blood from ficer, at the sortie from Fort Erie, Sep- which obscured the parts, and which it tember 17, 1814. He recovered from a became necessary to restrain by ligature. wound by a musket ball, which pene- The sheath of the vessels was now laid trated his neck from side to side. bare, and a sufficient exposure of it being It entered on the right, an inch and a rendered difficult by the omo-hyoideus, half below the angle of the jaw, opposite this muscle was divided. Care was also the thyroid cartilage. It carried away necessary to avoid the descendens-noni, the anterior edge of the sternocleido- which ran over the anterior surface of the mastoideus muscle, exposing the carotid sheath. The sheath was now laid open, artery, passing across the neck, and in- and the artery detached so as to allow a juring in its course the lower extremity of bent probe, carrying a double ligature, to the pharynx ; after which it went out pass under it. The lower ligature being behind the left mastoid muscle and ca- tied, a further separation of the artery rotid, lower than the place of entry was made, in order to the application of The carotids, larynx, and spine escaped. the upper ligature about three quarters of The ball must have passed near the left an inch above the lower one, and then vertebral artery, and the author thinks, the artery was divided between the two.