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River; and thence in a northerly direc- led to retaliatory measures on the part of tion, through the middle of the Lake Win- the North West Company. Gov. Semple pipic, to the place of beginning.” It will fitted out a gun-boat on Lake Winnipic be perceived that this new • Island of Ba- to interrupt the communication with the rataria' extends considerably into our Mis- Company's remoter establishments, and souri and North Westeru Territories. erected batteries, with the same view. The effect of gov. Macdonnell's procla- The Company attempted to open a commation was to interdict the usual supplies inunication by land, between Riviere to the North Western Company's Voy- Qu'Appele and the Lake. About fifty ageurs. His excellency, however, grant- Indians and half-breeds were employed ed a partial supply out of the seizures for this purpose. In the prosecution of made under it, so that their business was this enterprise, a skirmish took place, in not brought to a stand. Lord Selkirk which the governor and about twenty of sent out a small body of recruits to his his men were killed. The rest of the colony, which arrived in the fall of 1814. colonists once more dispersed. The North-West Company about the Whilst things were in this state in the same time procured a warrant from Mon- interior, lord Selkirk had arrived in Canatreal for the arrest of gov. Macdonnell and da, and after receiving a commission as a his sheriff Mr. Spencer, the execution of Justice of the Peace for the Indian Terriwhich was committed to Mr. Cameron, tory and Upper Canada, had enlisted 150 one of the partners. Gov. Macdonnell disbanded soldiers of De Meuron's regia refused to submit this process, and rzent, principally foreigners, with whom, formally warned Cameron to quit the in addition to about 180 canoe-men, and premises' of his landlord the Earl of Sel- a sergeant's guard granted for his lordkirk. Macdonnell's men, however, soon ship’s protection by the governor of Canabegan to desert him, and he at last yielded da, he prepared to enter upon his seignohimself up a prisoner. After his depar- rial rights and magisterial duties. In his ture, one hundred and forty families of the progress he received intelligence of the coloosts removed to Canada.
disaster which had befallen his Colony. Lori Selkirk in the mean time had pro- He immediately pushed on to Fort Wiljected a settlement in what is called the liam, the principal depot of the North Athabasca (Athapuscow) country, an
West Company, where he arrived the other inmense and still more remote dis- 11th of August, 1316.
His lordship trict, indаded in the obsolete claim of the took possession of this post-no resistance Hudson Bay Company. A Mr. Robert- being made, although the company's serson was intrusted with the execution of vants there, at that time, amounted to this project, and collected a party for the nearly 500. Having thus far effected his purpose in Canada. His lordship was object, by military power, his lordship equally a:tive in London, and having for next assumed the character of the magistified himself with the opinions of learned trate, and in this capacity put all the lawyers, obtained from the Hudson's partners, whom he found there, in confineBay Company the appointment of a go- ment, ard afterwards sent them off as privernor anacouncil
, with paramount judi- soners to Upper Canada, where they obcial and executive powers over all the tained their enlargement by a writ of Company'sterritories. Mr. Semple was Habeas Corpus. Unfortunately one of nominated governor, and embarked for the canoes in which these gentlemen were York Fort or Hudson's Bay. Robertson conveyed, being overloaded, sunk, and proceeded fnm Montreal, and despatch- Mr. Mackenzie, a partner of the North ed a Mr. Cark with about 100 men for West Company, and eight other persons, Athabasca, whilst he remained with some
The Company's proof the Red River settlers who had set out perty at Fort William amounting to in the spring for Hudson's Bay, and whom £60,000, was retained by his lordship as he fell in with in the vicinity of Lake an indemnity for the expenses of the war, Winnipic. Senple_advanced with his and their servants were taken into his reinforcement fnm York Fort, and being own employ. Sir John Sherbrooke, joined on his route by Robertson and his governor general of the Canadas, was apparty, proceedet to Red River and re- plied to in behalf of the company, in this established the clovy. Soon after an emergency, to order the arrest of lord attack was made won Fort Gibraltar, the Selkirk--but his excellency found, upon North West Company's post at the forks due consultation, that the scene of these of the lower Red Rver, where Mr. Came- outrages was situate in the Western Disron and his people were taken prisoners. trict of Upper Canada, and the applicants The harsh proceedngs of gov. Semple, were referred to Mr. Gore, the civil ge
vernor of that Province, for redress. A North America, and ascertained the geowarrant was at last issued by Dr. Mit- graphical situation of almost every river chell of St. Joseph's, a justice of the and district of those immense regions. peace, against lord Selkirk and the De They have recently established a consiMeuron officers, and a constable, with derable and thriving
Colony on the Banks twelve men, was sent to arrest them. of the Columbia River, on the Pacific Lord Selkirk not only refused obedience Ocean, in direct communication with to the precept, but put the constable un- their Settlements in Canada, and are now der guard, and soon after dismissed him. extending their inland Trade southward He was, by this means, left in possession to the Spanish Settlements in California, of his conquests during the last winter. and northward to those of the Russians It is stated that he was preparing to erect at New Archangel. They have at this a fort vetween Lake Superior and Lac time upwards of 300 Canadians employde la Pluie, at the point which he deemed ed in this Trade, between the Rocky the commencement of the Hudson's Bay Mountains and the sea ; and they have Company's territories, and that he had despatched three ships round Cape Horn, removed from Fort William into the con- with supplies, all of which have taken tiguous territories of the United States cargoes of Furs from Columbia, for sale one of the wooden buildings or stores to the Canton market in China.” We belonging to the North West Company, could wish that among all their doings and was taking steps to remove other they had caused a good map to be conproperty effectually beyond the reach of structed of the countries they have traBritish authority. Governors Sherbrooke versed in so many directions. The travand Core have appointed Messrs. Colt- els of Clarke and Lewis, and of Pike, man and Fletcher, gentlemen of high which are illustrated by delineations of character, to investigate the proceedings their courses, have contributed much imwhich have been detailed; and these com- portant information to geographers. missioners have entered upon their office Hearne and Mackenzie deserve nuch and proceeded on their destination. It credit for their resolution and persiverwas supposed they would arrive at Fort ance in penetrating into more inhospiable William in June. A report has recently and desolate climes, but have not acomreached us froin Canada, that a pacifica- panied their intineraries with chart suftion has been so far effected, that the ficiently perspicuous. The present pubtrade of the North West Company is re- lication on the behalf of the North West sumed, pending the legal adjudication of Company adds nothing to the stock of the dispute.
geographical knowledge. The contested We will not vouch for the accuracy of ground is, to all but the parties engaged the above relation-but we can answer in hostilities, a terra incognita, ir almost for the candour with which it has been every respect. compiled from the documents before us. We have not taken up this Narrative Os the personal character of lord Selkirk as a literary production, and as the author we have no knowledge, and we are equal- very frankly acknowledges thatne is not ly ignorant of the collective or individual a practised writer, we shall nd pretend inerits of the partners of the North West to assign it any rank as a copposition. Company. The author of the Narrative We cannot but smile, howeve, at the which gives title to this article, in enume- complacency with which this champion rating the good deeds of the latter, sets of the North West Company aserts that forth that they have, with a spirit of he can refer to “proof no les equivocat liberality and expense, in many instances than any that can be advancd by lord unrequited by the result of their under- Selkirk. takings, explored the whole Continent of E.
Arr. 2. A Course of Legal Study; respectfully addressed to tho Stuents of Law in
the United States. By David Hoffman, Professor of Law in th: University of
continual additions to the stock of dably solicitous for theixorderly arrangeknowledge are accompanied by addi- ment, and for devising even facility to tional system; and that while the tem- conduct the student to the contemplaple of science is receiving new treasures tion of the riches of the very adyta of the
sanctuary. This diffusion of knowledge recommend it to the consideration of all may present, perhaps, fewer heroes in resolving and procrastinating readers. science; but it produces a stronger pha- “ There is nothing," says he, “ which lanx of disciplined scholars :
we more earnestly inculcate on every more seldom dazzled with scientific har- tyro in law, than to observe scrupulously dihood and adventure, but the march of the hours which he has allotted to the improvement is more steady and uni- study of his profession. Whatever may form: the literary state is subject to be the temptations of other and more fewer revolutions, is less influenced by pleasing literary pursuits, or whatever the authority of particular names and the allurements of idleness or pleasure, experiences; in short, all the advantages this should be a permanent object from which arise to both literary and political which his attention should never be long bodies from having the mass of its citi- diverted. In all studious enterprises, (if zens well informed and enlightened. we may be allowed the phrase,) he will
The student of English law is particu- be found to proceed on a very erroneous larly indebted to system and arrange- plan, who thinks to make the extraordiinent. He has no longer, indeed, the ho- nary efforts of to-morrow supply the denour of mining his way through undi- ficiencies of to-day. The mind which gested matter and obscure language, and contemplates with pleasure a short exerdrawing light from sources which ordi- tion of its powers, which, though it must nary enterprise and industry were insuf- be regularly made, will, it mows, be reficient to explore. He has the elements gularly relieved by the period for relaxaof science exhibited in the comprehen- tion or for rest, is apt to shrink from the sible and methodical commentaries of a long and uninterrupted exertion which Blackstone, and the body of principles, the student often imposes on himself, by maxims, and decisions digested by a way of compensation for past indolence. Cruise or a Bacon, or in the various trea- It will therefore diminish his toil, as tises which modern times have produced much as it will advance his progress, to on the different topics of the Law. The allot to crery day its just labour, and to viginti annorum lucubrationes, if still ne- perform this with all the scrupulosity cessary, are at least less irksome and la- which circumstances will permit. If, borious; and the path of inquiry, with however, accident has deranged his plan, due attention to method, is practicable to or idleness and dissipation have made moderate talent and application.
inroads into the seasons set apart for This method is, indeed, the principal study, we would warn him against the defect of legal education; and for this rea- common mistake of neglecting to employ son, among others, we with pleasure find the fragments of time thus produced, in announced a work so well adapted as the the expectation and design of more mepresent, to remove the fault we complain thodical exertion for the morrow. How of, and at once indicate to students the much might be gained by the studious best sources of knowledge, and the re- occupation of the moments thus idly and gular order in which they are to be con- unprofitably thrown away, is incredible sulted. Innumerable questions must pre
to those who have never calculated the sent themselves to the mind of the law days, the weeks, and months to which student in the onset, and during the they rapidly amount. He that would whole course of his career, which either not experience the rain regrot of misemhis instructor has not leisure to explain, ployed days, “must learn, therefore, to or the student himself is too dillident or know the present value of single minutes, too indolent to ask, or finds it difficult to and endeavour to let no particle of time reduce to any precise phraseology. All fall useless to the ground.” Whoever these embarrassments it is the aim of Pro- pursues a contrary plan will for ever sind fessor Hoffman, as far as possible, to ob- something to break that continuity of viate; and in many parts of the manual exertion, in looking forward to which, he which he has presented to the law-stu- solaces himself for his present supineness; dents of the country, we have remarked, and at the expiration of the period allotmoreover, an amiable desire to cheer ted for the completion of his legal apthem in their progress, at once, consola- prenticeship, will generally find a mighiy tory to the student, and indicative of a waste of time to have proceeded from minute acquaintance with the obstacles the trivial value lie attached to its frag. and the despondence peculiar to the se- ments. dentary and the studious. The follow- “The sedentary and the studious have, ing has reminded us forcibly of the doubts indeed, to contend with obstacles pecuand delays of our legal novitiate, and we liar to themselves. Secluded of necessity, for the larger portion of their time, some imperfect degree) to exhibit in the from the business and bustle of men, their following pages.” (p. 18.] ideas insensibly assume a monotonous With this view be has arranged the character, and, receiving little ventilation Law under thirteen titles, besides the from the current of novelties which re- four which compose a separate division fresh those who are engaged in active of the work, under the denomination of and crowded scenes, are apt to stagnate Auxiliary Subjects: they are as follows: into languor and melancholy. It is little 1. Moral and Political Philosophy, wonderful that intellectual exertion 2. The Elementary and Constitutional should become irksome, when thus ac- Principles of the Municipal Law ef companied by despondency; and that England: and herein, the student should find the lapse to indo- 1 1. Of the Feudal Law, lence and relaxation so easy, and the re- i 2. The Institutes of the Municipal iurn to his solitary avocations so painful ; Law, generally. a painfulness most generally augmented 3. Of the Origin and Progress of the by a consciousness of the neglect of duty, Common Law. which he is happy to drown in the plea- 3. The Law of Real Rights and Real sure or the bustle of society, rather than Remedies. brood over in the stillness of his study. 4. The Law of Personal Rights and PerInstead of attempting to remedy this sonal Remedies. tendency by total seclusion, it is better to 5. The Law of Equity: indulge it with moderation; and to min- 6. The Lex Mercatoria. gle business and pleasure in those proper 7. The Law of Crimes and Punishments. proportions, which will equally prevent 8. The Law of Nations. the fatigue of too much exertion, and the 9. The Maritime and Admiralty Law, satiety of too much enjoyment. Hermits, 10. The Civil, or Roman Law. whether in religion or in literature, have 11. The Constitution and Laws of the generally found their scheme of exclusive United States of America. and solitary devotion to a single pursuit, 12. The Constitution and Laws of the to issue in lassitude and in indolence.” several states of the Union. (pp. 21, 25, 26.]
13. Political Economy. Our author justly imputes to the want
Auxiliary Subjects. of systematical study, the obscurity and 1. The Geography, and Natural, Civil, difficulty complained of in legal studies : and Political History of the United “ Study and research,” says he, “are not States. without their attractions; the mere ex- 2. Forensick Eloquence and Oratory. ertion of mind is productive of pleasure, 3. Legal Biography and Bibliography: when the difficulties are not conceived 4. Professional Deportment. too formidable or too numerous, and the This outline he proceeds to fill up by student does not advance to the investiga- arranging, under their respective divition, hopeless of success, or unfurnished sions, the works of established excellence, with the means, and ignorant of the often selecting, indeed, the title or the sources of information. In short, we con- chapter which he conceives to be especeive, that to an intelleet of ordinary ca- cially useful. To nearly every work repacity, the Law, instead of that guise of commended is attached a note, containdifficulty and perplesity in which it for ing either a critique on the production, the most part appears, would assume no some notice of its author, or other missmall degree of interest, and offer no in- cellaneous matter, which the student will considerable gratification, were the stu- find either useful or entertaining: the dent initiated, so to speak, in its geogra- bibliographical information is ininute, phy; were he instructed in the nice con- apparently collected with much diligence pexions and dependencies which unite its and correctness, and is a species of knowmany minute divisions, and conduct him ledge which will be found very useful, if naturally and easily from one topic to we may judge from the want we ouranother, instead of being set down in the selves have often experienced of similar first instance in the midst of difficulties of information in some condensed shape like which he has had no previous explana- the present. tion, and of which he knows not whither We have not leisure to follow Mr. H. to apply for a solution. These minute through the various divisions of his work. connexions, this natural order and ar- We are happy to discover in his first title rangement, it was the aim of the author a high eulogium of the Ethicks' and 'Poin which he hopes to have succeeded in litios' of Aristotle, and a brief analysis of the latter of these works-works too lit- his method, which will be no serious obtle known to the youth, or even to the jection to such as will pursue the preriper scholars of our cou.stry. We en- ceding part of the present Course, that tirely accord with his exhortation, in the Lord Coke is by no means an obscure second, to the study of the feudai law, as or unpleasing instructor Before we conit is quite clear, we think, how essential to demn him for obscurity, we must make the interests and satisfactoriness of all our large allowance for the intrinsic difficulty subsequent legal inquiries, is the know- of his subject, for the muliitude of nice ledge of this singular system. Without yet useful points he has discussed, and it we may, indeed, treasure up with in- which are to be found no where else, and, finite pains the maxims and rules of the above all, for the want of due preparamunicipal law; but they lie in the mind tion, before we approach this great repowithout symmetry or shape, and confuse sitory of the wisdom of the Common the understanding and oppress the me- Law. The selection from Lord Coke's mory, as a disjointed mass of principles, Reports is entitled to great approbation : of whose origin, reason and dependen- the selection of the cases, the brief sumoies the student is for the most part ex- mary of the points resolved, and the retremely ignorant. Nothing more con- ferences, English and American, which fuses a youth who is laying the founda- are appended to them, while they will tions of his legal studies, in the un- prove, we are assured, of the highest adsystematic manner which is often pur- vantage both to the student and ihe pracsued, than the difference which our au- titioner, are no mean evidences of Mr. thor has spoken of, between natural and Hoffman's legal learning and discernment, legal reason. A young man fresh from and give promise of future eminence eihis college studies, and delighted with the ther as counsellor or lecturer. The rules abstract and elegant system of natural for reading these and other reports, and jurisprudence, is often astonished at the the observations on leading cases, are singular deviations from its decisions pre- judicious and practicable, and are highly sented by the municipal code. At a pe- worthy of the student's attention. Of riod when all is new, he suspects his own these leading cases he has already a large understanding of the matter cannot be number to his hand, without any call on perfectly correct, and spends many an his own research, in those selected by the hour in attempting to explain on the prin- author in different parts of this work. ciples of general law, what he afterwards The reflections on the study of the finds accountable only on the foundation Civil Law contain a just eulogium on that of a particular and singular system, which elegant and excellent code, so properly originated in a peculiar organization of denominated the code of written reason. society, and yet retains a partial exist- This branch of legal education cerence, long after the causes which produ- tainly too little attended to; though we ced it have ceased to exist. To the pre- are happy to find that the niore eminent vious consideration of this body of insti- lawyers of the country justify the strong tutions Mr. H. would direct his student, exhortation of Mr. H. to its study, by on the score both of perfecting his know- placing the best works on the subject in ledge and of economizing his time; of the hands of their students. We should acquiring the elements of the Common warmly urge the propriety of compreLaw with more facility in the first in- hending the Roman Law in the course of stance, and of retaining them with more every diligent student, if the considerafidelity in the end.
tions offered by the work under review, In the course of many law-students and to which we refer the reader, did Coke-Littleton has no longer a place; not obviate its necessity. and the affrighted tyro is easily persuad- On the subject of Note Books our aued to accept any succedaneum for the thor is very copious; and insists with huge and 'immethodical commentary. great zeal on their utility, when used Alter all, most of this apprehension is un- with judgment and suitably arranged. founded. We can undoubtedly well con- Like most aids to study, their benefit ceive a work much better adapted than must necessarily be proportioned to the the First Part of my Lord Coke's Iusti- discretion with which they are employed: tutes, to induct the student into the ele- in legal research we believe there are few ments of the Common Law: but we capacities which will not derive powerful fully agree with Mr. Hoffman, that there assistance from these allies of the meis nothing at present in the law library mory. In this Course eight different which can supply its place; and we think, specics of Note Books are recommended, moreover, with the single exception of and specimens given of each. We by VOL. II, No. I.