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known honour and integrity, to heed the in the decalogue, among the patriarchs malevolence of an envious detractor themselves. it would not be necessary for a man Whether duelling can be suppressed of sense, connected by sacred ties to his by law, whilst the law refuses to take family and the commonwealth, and feel- cognizance of those offences which usuing and fulfilling the important duties of ally give rise to it, is doubtful. Certainly his station, to make himself a mark for the law has not done its utmost to preempty-headed braggadocios to shoot at. vent the evil, whilst it has provided no He would be countenanced, by all whom punishment for the impeachment of chahe respected, in supporting his determi- racter in the cardinal point of veracitynation not to sport with a life which was for an imputation which goes to subvert given to him for useful purposes, and the foundation of every judicial proceedwhich he had devoted to the purposes ing, as well as of all the transactions of for which it was given. Moreover, the lite ;-whilst it has omitted to guard fefrowns of all peaceable and orderly and male virtue against its own weaknesses, estimable men, would be knitted on the by preparing a gibbet for its base beapproach of a brawler. Wranglers and trayer. It is a mockery to enact statutes sharp-shooters would be compelled to against duelling, and to deny legal rekeep company with one another; and dress for the most aggravated injuries. A unless they mended their manners or legislature that exacts virtue from its subabandoned their system, their ranks would jects, must give some evidence of virtue

in itself. Individuals who enter into the As the duellum was one of the absurdi- social compact relinquish the natural ties of the dark ages, it was to have been right of redressing the injuries which they hoped and expected that it would have may sustain, on the undertaking of sobeen laid aside with crusades and knight- ciety to provide adequate remedies ;errantry. But it is continued not only and the breach of this tacit convention is after the principle on which it was found- as unjustifiable on the one side as on the ed has been exploded, but till its very other. origin is forgotten. It was a solemn ap- There is one point, however, on which peal to God, in days when the adminis- we are clear-no candidate for office, not tration of justice was interrupted by any other man, ought to be made or suf. civil feuds, or obstructed by refractory fered to swear that he never has fought chiestains, to decide the jarring preten- a duel, or that he never will fight one. sions of the champions by giving victory Not only is it futile and unreasonable to to the right.' It came at last to be require one, who stands charged with adopted as a means of determining suits no crime, to accuse or excuse himself, on in the courts of justice. So preposte- oath or otherwise—but the multiplication rous and impious a procedure fell, how- of oaths is pregnant with mischiefs more ever, into disuse, when religion began to baneful, because more extensive, than be better understood. It does not now the evil which it is proposed to remove. cloak itself in so saintly a garb. A mo- Let education be more generally diffusdern duellist has generally little notion of ed—let the people be well instructed in religion; and acts in defiance of the ap- their moral duties-let them be taught, prehensions he has of it. He goes into among other things, that duelling is a the field not relying on the interposition crime, but that it is not the more or less of heaven in his behalf-not expecting a crimine on account of one's swerring for that the issue will be in any way affected or against it; though swearing iss a crime by the merits of his cause--but merely in itself

. The whole doctrine of oaths is to show that he sets no more value on absurd. It is strange that we will not his life than he ought to do—and possibly believe a man upon his word, though the not so much. In regard to the occasion same divine law that says thou shalt not that called him there this proves nothing. murder,' says also thou shalt not bear To be sure, to be bold in a bad cause is false witness,'—but we must endeavour to some evidence of intrepidity—but no man improve upon the sanctions of the Deity, can lack courage in a good one.

and compel a fellow being to contraThat some high minded and virtuous vene a sacred injunction, in order to renmen have given into this execrable mode der him amenable for a supererogatory of seeking honourable reparation, is to be obligation-must force him to commit admitted and regretted-but this does one contempt ag ainst the majesty of not prove it the less idle, nor the less re- Heaven, in order to put him in fear of comprehensible. We might find instances of mitting another. Besides, if the terrors ibe infraction of half the commandments of the justice of the Almighty, and of tho inflictions of human law, are insufficient the laws against usury are among those to deter from one offence, they will be acknowledged blots in the page of legislaequally impotent to restrain from other tion, which no community, however free, offences; and if it is necessary to fortify unprejudiced and enlightened, has dared human obedience by express assevera- to obliterate. tions in a single case, it is alike indispen- It was to have been hoped that this sable in all cases. The evident tendency country, aster the proud effort by which of this accumulation of oaths and adjura- it broke the shackles of colonial opprestions is derogate from the simple force sion; after it had by its nascent energies of moral obligation, which ought to avail achieved its political emancipation, would as an adequate motive of conduct, and continue to exhibit a moral and physical which should be strengthened by the re- growth equally vigorous with its early quisite sanctions of temporal punish- indications—and that as the fen and the ment. The introduction, for instance, of forest were subdued and fertilized by inan oath to corroborate an averment, is dustrious culture, the regions of mind an admission of a distinction which ought would be explored, and the barriers to never to obtain; and as far as it operates, human happiness abated. The prodigoes to destroy the sacredness of the gious stride which we took in the outset duty of speaking the truth on every oc- of our career

prognosticated a more rapid casion where one is obliged to speak at advancement. We have too often paused, all. A man who cannot be believed upon and sometimes have retreated. But, his word, cannot increase his credibility though little has been accomplished in reby any invocation. In the words of Dr. forming inveterate abuses, many schemes Paley

of reformation have been devised, and It merits public consideration, whether the public has become accustomed to the requiring of oaths on so many frivolous ponder upon existing inconveniences, and occasions, especially in the customs, and in

to consider of their remedies. Indeed the qualification for petty, offices, has any something has been actually done in other effect, than to make them cheap in the mitigation of most of them. Čapital punminds of the people. A pound of tea canpot travel regularly from the ship to the con.

ishment, for instance, is confined to a sumer, without costing half a dozen oaths at

few atrocious crimes ; persons having the least; and the same security for the due conscientious scruples are exempted from discharge of their office, namely that of an taking oaths; imprisonment for debt is oath, is required from a church-warden and restricted in some States to debts above an arch-bishop, from a petty constable and

a certain amount-and the period of inthe chief justice of England. Let the law carceration is limited; whilst a new continue its own sanctions, if they, be member of our confederacy has made it thought requisite ; but let it spare the solemnity of an oath. And where, from the want shall be passed, till a certain number of

an article of its constitution, that no law of something better to depend upon, it is necessary to accept men's own word or own years has elapsed, to restrain contracts account, let it annex to prevarication penal. relating to the interest of money. The ties proportion. . to the public mischief of success of these experiments will probathe offence."

bly encourage a further extension of the There is no science which has kept so principles on which they proceed; and unequal a pace with the march of the hu- may lead to an investigation of the reaman mind as jurisprudence. Notwith, sonableness of many maxims and regustanding the progress of philosophy and lations by which society has consented to refinement, there are features of supersti- be tramelled, from time immemorial, tion and barbarity which deform at this without presuming to question their proday the codes of the most polite and priety. learned nations. We will not now ad- It has given us infinite satisfaction to vert to the arbitrary traditions which find, in the late official communication of constitute a great partof thecommon law, the governor of the State of New York, and which are so abhorrent to republi- the recognition and enforcement of many can institutions that we are led to won- just axioms of polity and political econoder by what process they were brought my, which have been too little underto unite in our motley systems of govern- stood, or too much neglected among us. ment—there are still more protuberant We hope and trust that the recommenand ruder fragments of the savage state dations contained in this able and perspiinterpolated into the disproportioned cuous speech will be met in a proper though magnificent edifice of municipal manner by the body to which it was adlaw. Capital punishment, imprisonment dressed. The subjects to which it adverts for debt, the administration of oaths, and are of prominent interest, and the resu

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marks in relation to them are, in our urged, on this head, inculcated from a opinion, without exception, wise and quarter more capable of giving them seasonable. Education and literature their due weight. But there is not only occupy, as they should do, a conspicuous need of revolution in pedagogy-our rank among the considerations suggested academies and colleges are placed upon by the executive. They are unquestiona- a wrong footing. The first should take bly the most potent engines in the hands, the place of the last, and instead of the of government. By diffusing the ele- last, a very few universities should be esments of knowledge as widely as possi- tablished in the United States, with the ble, the number of those capable of judg- privilege of conferring degrees. “Libeing of the measures of rulers is of course ral education, as it is called, has become increased. In the same proportion, too, dog-cheap-insomuch that many a bacis the number of those augmented who calaureus or even artium magister, canare qualified to take part in the councils not construe his own diploma. This of teir country. It will therefore always brings a double disgrace upon the counbe the policy of an upright and sagacious try. It renders our pretensions to literaadministration to throw all possible lights ture contemptible in the eyes of foreignupon the public mind—not only as it will ers, and it fills the learned professions serve to illustrate its own course, but as it with mountebanks, quacks, and petifogwill tend to exalt public opinion, and give gers, to the great detriment of our best new energy to national character. The interests, and to our perpetual domestic force of a people is compounded of their discomfiture and annoyance. To put an moral and physical vigour-and the en- effectual stop to such a pregnant source largement of their understanding is a di- of chagrin, would require an amendment rect accession to their power. In fact, as of the Federal Constitution. the community is composed of individu- We have been drawn, we believe, by als, and these individuals are to almost Do u natural catenation of reasoning, all valuable purposes the creatures of somewhat aside from the original theme education, it requires no profound argul- of our discourse. But we have entered ment to show the political importance of on a ground so ample, so interesting, and a general and judicious system of instruc- which, withal, we have so great a desire tion. But the more important the end, to traverse, that we shall find it exceedthe more effective should be the means ingly difficult to arrest our steps. We adopted to attain it—and in addition to shall endeavour, however, to find some those which have been hinted, we would more favourable opportunity to discuss propose that all public teachers should be the momentous questions which have examined as to their qualifications, and been touched upon, or which are involvreceive licence to pursue their vocation, ed in the positions which we have taken. if approved. When it is considered how We cannot, however, take leave of the adexcessively ignorant many of those are mirable state paper to which we hare who assume the office of tuition, it alluded, without expressing our cordial may be thought worth while to take some concurrence in its animadversions upon steps for preventing able-bodied ignora- banking. There is nothing so prejudimuses from deserting those useful occu- cial to the well being of this community, pations for which they were fitted and de- nothing so hostile to the genius of resigned, to enter upon employments in publicanism, so inconsistent with common which they are worse than useless them- sense, and so incompatible with the acselves, and only stand as an obstacle in tual enjoyment of civil liberty, as the githe way of the deserving. Added to the gantic coalition of avarice and speculafrequent ignorance of preceptors of the tion, which, under the name of banks, is subjects which it is incumbent on them daily devouring the fruits and crippling to treat, the vitiousness of the common the efforts of industry. It would require modes of elementary instruction is a pro- a volume to point out all the deformities digious hindrance to the progress of the of this manyeheaded monster. Banks are pupil

. Whoever has reflected upon the most oppressive monopolies--stockholdusual methods of learning pursued in our ers and directors enjoying inost unequal schools, will have perceived, and whoever and unmerited privileges, drawing intewill consult his own experience must ac- rest on monies which they have not, knowledge, their utter inaptness to the and paying no taxes on that which they purpose of imparting and acquiring in- have ;-* they throw a dangerous and unformation. It affords us peculiar gratification to see sentiments which we have

+ This is true only in regard to the banks of long entertained, and not unfrequently New-York, and a few other States.

the poor.

due influence into the hands of a few tions have no conscience, and the indivi. capitalists—they tend unfairly to increase duals composing them no responsibility,) the store of the rich by virtually robbing these same capitalists have acquired a

These are only a few of the paramount influence over both the legisgrounds on which we deprecate banks. lature and the people. If an effort be Some of the objections we have pointed not soon made to burst these ignominious at might be obviated. Banks might be bonds, the labouring and productive granted to all who chose to apply for population of this country will become them—the legislature reserving to itself the mere slaves and drudges of a monied the right of investigating at all times the despotism. Already does a spirit of concerns of all corporations deriving their cringing servility manifest itself towards being from charters granted by it)—the these cut-purses of the empire and the stockholders might, as in other partner- rule,' that it should make the blood of a ships, be held individually responsible freeman mantle to think of. A Turkish for the company's debts—the capital of bashaw or a Persian satrap receives not banks might be roundly taxed towards more contemptible adulation than does the support of government--and a sum- a bank director—though often better enmary process provided for compelling titled to deference and homage. payments in specie. In the New England The impolicy and immorality of irresStates all these modifications have been ponsible corporations cannot be suffiadopted. But our opposition extends to ciently exposed. We have known inthe whole fraternity of secular incorpora- stances of combinations among monied tions. They are ungenial to our politi- institutions in this country, for the like cal institutions—they check the circula- of which a society of cordwainers would tion of property, and accumulate it in im- have been indicted for conspiracy. proper hands. In this country wealth But we must reserve ourselves for a is power; and by the very means which more fit occasion to go into the considethe community, through the medium of ration of the subjects we have glanced their representatives, have granted to at-and of many others closely connectcapitalists of indulging their cupidity ed with them. without hazard or remorse, (for corpora


Art. 6. A Geological Essay on the imperfect evidence in support of a theory of the

earth, reducible either from its general structure, or from the changes produced on its surface by the operation of eristing causes. By J. Kidd, M. D. Professor of

Chemistry in the University of Oxford. Oxford, 1815. 8vo. pp. 269. THIE author of the work before us ap- the author under review, was also con,

pears to be a physician and profess- versant in mineralogy. Hence we had or of chemistry in the University of Ox- much to expect on a subject which ocford, England, and to have also united cupies much attention in the present in his person the professorship of mine- day, and which is advancing in imralogy: These subjects are so connected, provement, together with its kindred and chemistry is so capable of aiding science of geology. But upon reading the science of mineraloxy, that when we the work, we find that our anticipations observed them combined in one profes- were too sanguine, perhaps from too fasorship sustained by a physician, we an- vourable a view of the medical character. ticipated much satisfaction in the perusal From whatever cause our disappointof his labours, from the display of much ment has happened, we shall not stop to learning and research. We were led to regret it, but proceed to notice the work anticipate this from the high character of under consideration in some of its dephysicians in general for learning and tails

. The subject is geology, which has ability; and having observed that some mineralogy for its handmaid. The former professors of chemistry have been entire- embraces a whole and connected view of ly ignorant of mineralogy, and that the materials of the terraqueous globe,

persons have studied the latter in order to deduce general results, from without an adequate knowledge of che- such consideration, as to the manner of mistry, we were much pleased with the the earth’s formation : the latter makes us prospect before us, when we observed acquainted with these materials in detail : that Dr. Kidd, professor of chemistry, the former is the application of knowVOL 11.-No. v:



ledge derived from mineralogy, where- made, and with considerable labour and fore this must precede geology, and both difficulty woven into the work. must be assisted by chemistry.

The second chapter is “On the geneIn referring to the work of Dr. Kidd, ral structure of the earth,” in which is we find the title well supported, since given an explanation of the nature of having proposed to discuss a question, strutification, and of a formation, as used and taken the negative side, he has made to designate primary and secondary rocks; good his positions by giving such limited or those, according to the Wernerian information, that a person but little con- arrangement, called primitive, transition, versant on the subject, would conclude flætz, alluvial, and volcanic: also some from a lack of knowledge, if this were all, other geological terms (p. 21) as escarpin support of a theory of the earth, that ments of strata, the line of bearing, their the evidence must indeed be imperfect. dip and outgoing, which explanations we The tendency of such an essay in the pur- consider correct and proper; but the suit of science, must be to damp the ar- whole matter of the chapter does not dour of those who may engage in it, and seem to have any natural connexion, to check the progress of knowledge which nor does it gradually draw the attention is the result of inquiry. So deficient is of the reader into the subject, or develop the work in question, that we cannot re- the author's plan. After these explanacommend it to the public as a work of tions, the remaining part treats of the sucmerit. It does indeed contain some use- cession of strata in England, of the interful information, but nothing that cannot nal structure of the strata : uncertain sucbe found in other works on geology. cession of many of the strata : criteria of Although Dr. Kidd has not convinced us stratification : inequalities and partial abby his view of the subject, he appears to sence of the strata : primary and secondary have convinced himself by the imperfect formations : organic remains ; crystalline evidence of his own work in support of "and mechanical formations : breccias and a theory of the earth,” since in his pre- conglomerates. face, (page 8,) he says that “ in offering After stating that the absence of orthis essay to the public, I take a final ganic remains in some materials of the leave of the pursuit of mineralogy." This globe, and their prevalence in others, has determination must have proceeded from occasioned the great division of the forconviction, disgust with the subject, or mations into primary and secondary, our some other cause, and we are inclined to author (p. 37) observes, that—“ more acattribute it to his own negative proofs. curate observation, however, has shown

The whole work consists of 27 chap- that some of the strata formerly supposed ters, or subdivisions of the subject, on to be primary, do sometimes abound in oach of which our author is very brief organic remains; and if, as has been lately and limited ; but that he may have some asserted, granite has been found alterchance to be heard, and not be condemn- nately with limestone containing organic ed in gross, when he may appear more remains, the relative age of the former favourably in detail, we shall notice some must be given up ; nor however it might parts of the work, as well to give him a disappoint, could it now surprise any one fair chance, as to show that we are not in on any other ground at least than mere the habit of reviewing works in the novelty, to find organic remains in that United States, as they frequently are in hitherto supposed fundamental stratum." Great Britain, without reading them. This loose manner of reasoning is une

In the first chapter of the work before worthy of the author and the subject. us, the author attempts to treat “ On the General deductions have been drawn nature of the connexion between geo- from certain facts, and Dr. Kidd attempts logical speculations, and the Mosaic his- to show that the generalization of these tory of the Creation and Deluge." Upon facts is improper, by an assertion unsupthe first perusal of this chapter, consisting ported by any credible testimony, for he of fifteen pages, the idea was forcibly im- refers to no authority, and seems to pressed upon our mind that the extracts, doubt himself as he says "if, as has been which compose the principal part of it, lately asserted, &c." and yet he makes were irrelevant to the subject, and that use of this as an argument to show the the author wrote as little as possible to imperfect evidence in support of a theory the point in conformity to the title of his of the earth. work, since only the two last pages of There appears to be a want of arrangethe chapter are devoted to the proper ment and perspicuity in the author's consideration of the subject; and the ex- opinions in general, and his views are tracts appear to have been promiscuously very limited and confined. We can ex

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