are they, that no man, for ten years together, can know the court from any personal identity.

As to the general execution of these reports, the cases are stated with brevity, with method, and perspicuity. The arguments of counsel are given much in the manner of the modern English reporters. It may be thought, that many of them are given more diffusely than was necessary. Still, when the lawyer considers, how much the frequent citing of cases facilitates his labours, and refreshes his memory, he will have nothing to regret on this head. The mere name of a case has often saved much precious time, and many a laborious search. For these reasons every lawyer will be indebted to the reporter for his notes and marginal references, in which many authorities, illustrating the point in controversy, are cited. In cases, where the authority only is cited by the counsel, the name of the case is mentioned in the margin. Every professional man, who knows how mechanical is his science, and how important to the memory are such aids, will feel the full value of them. From this general approbation, we are sorry to make any deductions. In some instances there is failure of attention, and in some a want of accuracy. It is at least the duty of a reporter to exhibit the counsel in a decent garb, however slovenly they may themselves consent to appear. A filthy, or a tattered dress is neither decorous nor dignified before the most respectable tribunal in the state. If the reporter had bestowed a little more labour upon his reports, there would not be found such instances of awkwardness, inaccuracy, and bad grammar as the following, which are among the very many

we have noticed. Vol. I. page 398. "neither party have a right" "the sale of the premises was merely hearsay." In addition to this, we observe, that some of the marginal statements are incorrect, and some unintelligible. Vol. I. page 450, Given vs. Driggs, the marginal statement is wholly unintelligible. Vol. II. 188. Frost et al. vs. Raymond, from which it would seem, that it was determined by the court, that the word "dede," in a conveyance derived from the statute of uses, contained an implied covenant. The reporter tells us in his preface, that in most cases he received the written opinions of the court; of course he is not responsible for the defects of their manner or matter. It is impossible not to perceive, that they might, in many instances, be curtailed, to the great advantage of many a weary eye and many an aching head. The style of the opinions is generally correct, and lawyer-like. In America, however, every man, from the lowest to the highest, seems to consider, that, with the charter of his freedom, he has derived an exemption from all the ancient penalties, which were inflicted upon the slovenly murderers of his majesty's English. That the learned judges in the state of NewYork are not unmindful of their liberties the following instances will shew. Vol. I. p. 274, “because the court overruled certain objections from being put." Vol. I. p. 315, "if the award in question be good and valid in pursuance of the submission, it may undoubtedly be given or pleaded in evidence." Vol. II. p. 45," to arrest the goods from the vendor under these circumstances," &c. Vol. III. p. 93, Court" the verdict was clearly against the weight of

evidence, and ruled wrong by the judge." We were sorry to observe in Vol. III. p. 180, in the opinion of Justice Livingston, so much pleasantry at the expense of dignity and decorum. Humour is a very good thing, but it no more becomes the legal robe upon the bench, than the sacerdotal at the altar. We were not less disa greeably impressed by the positive and dogmatical manner, in which the same judge gives his opinion, after that of the chief justice, which was different, in Vol. II. p. 286. All these defects, however, are but small excrescences upon a surface generally smooth and polished. The close general adherence to English authorities and precedents; the numerous commercial and general eases, which will afford information and argument, if not authority, to the profession in every state; the great industry and investigation displayed by the court, and its extensive learning, not only in commercial law, but in the whole circle of law, ancient and modern, foreign and domestick, will render these reports a valuable acquisition to the country at large. These volumes will be less valuable to the profession generally, on account of the numerous cases upon practice, with which they are crowded. But this was unavoidable. It is the business of a reporter, for the information of practitioners, to report every case, however unimportant it may be, in deciding general principles. There are several cases particularly deserving notice, as deciding important principles. The case of Hitchcock vs. Aiken, Vol. I. p. 460, in which it was decided, that the judgment of a foreign state should not be considered as a domestick judgment, but as Vol. III. No. 7.

2Y

prima facie evidence of debt only, is important in this point of view. Some, perhaps may doubt of the correctness of the decision, when tested by the constitution, but none will hesitate to acknowledge the practical propriety and utility of the doctrine, if it can be reconciled with the constitution. the case of Nash vs. Tupper, Vol. I. p. 402, it was determined that in a suit upon a foreign contract, the statute of limitation of the state of New-York should govern. There are many other cases of general utility.

ART. 30.

In

Original Poems: By Thomas Green Fessenden, Esq. author of Terrible Tractoration, or Caustic's petition to the Royal College of Physicians, and Democracy Unveiled. Philadelphia: printed at the Lorenzo Press of E.Bronson, 1806. pp. 204. 12mo.

THE author of these poems has been singularly fortunate in receiving that applause, which has sometimes been denied to others of equal merit. This mode of publishing a collection of occasional poems, many of which have appeared in the newspapers of the day, may be the means of attaining present notoriety, but will hardly secure future fame. The author writes with ease, or, at least, easy verses. (But he is unfortunate in the republication of many of the political satires. (They are well enough for the moment, but the publick absolutely nauseate the repeated accounts of obscure, factious individuals, who rise and perish, in the progress of party, like Fungi on a dungheap.

The extracts from reviews, at the end of the volume, the author

should not have permitted the printer to have published; they were allowable,while the latter was announcing the work, to influence its sale, but an author should not thus violate all decency and decorum in binding up his own praises with his works. The insolent condescension in one of these paragraphs is amusing.

We prefume this writer to be an American; and, confidering the state of literature in that country, his productions are quite as good as could be expected from one of its natives. His ferious productions are, upon the whole, the beft; ftill he is, by no means, destitute of humour. Critical Reviero.

Though the humorous pieces predominate, the author will derive as much lasting applause from those which are serious. We ex

tract a sapphick, not because it is superiour to the rest, but as a fair specimen of the work, and it de

scribes an amusement which is "all the rage."

Horace Surpaffed: or, a beautiful defcription of a New-England Country-Dance.

How funny 'tis, when pretty lads and laffes
Meet all together, just to have a caper,
And the black fiddler plays you fuch a tune as
Sets you a frifking.

High bucks and ladies, ftanding in a row all,
Make finer thow than troops of continentals.
Balance and foot it, rigadoon and chaffee,
Brimful of rapture.
Thus poets tell us how one Mister Orpheus
Led a rude foreft to a country-dance, and
Play'd the brisk tune of Yankee Doodle on a
New Holland fiddle.

Spruce our gallants are, effenc'd with pomatum, Heads powder'd white as Killington-Peak fnow.

Not fuch the turmoil, when the furdy farmer Sees turbid whirlwinds beat his oats & rye down, And the rude hail-ftones, big as pistol-bullets, Dath in his windows!

Though 'twas unhappy, never seem to mind it,

Bid punch and sherry circulate the brifker;
Or, in a bumper flowing with Madeira,
Drown the misfortune.

Willy Wagnimble dancing with Flirtilla,
Almost as light as air-balloon inflated,
Rigadoons round her, 'till the lady's heart is
Forc'd to furrender.

Benny Bamboozle cuts the drolleit capers,
Jutt like a camel, or a hippopot❜mos,
Jolly Jack Jumble makes as big a rout as

Forty Dutch horses!

A Treatise on the diseases of children, and management of infants from the birth. By Michael Published Underwood, M. D. by David West, Boston. Printed by D. Carlisle. 8vo.

THIS is indisputably the most complete account of the diseases of children in the English language. Dr.Underwood writes like a practitioner, who has verified evevery thing he asserts by his own

experience, and he may therefore be relied on, so far as his remarks extend. This form of the work is destined for domestick use, and we recommend the perusal of it to fathers and mothers. Not, indeed, that they should employ it to play the quack upon their own children; for those unfortunates, who have mothers that give medicine, are almost invariably unhealthy, and the greatest part perish in early life. But we offer this book to aid the obliteration of vulgar prejudices, to point out to parents the symptoms of indisposition which should alarm them, and above all, to instruct them by what management of diet and regimen their offspring are to be rendered healthy, vigorous, and beautiful.

The execution of this edition appears to excel that of any medical book, which has been printed in Boston. In typographical correctness it equals the English edition, to which, in other respects, it is decidedly superiour.

ART. 21.

Concluded from p. 260. American Annals; or a chronologi. cal history of America. By Abiel Holmes, D.D.

WHEREVER the Spanish invaders trod, their footsteps were marked with blood. In this all writers agree, such as were eyewitnesses, and relate an unvarnished tale, and such as paint in the strongest colours. They all likewise describe the pusillanimous conduct, the vile superstitions, and cruel customs of the Mexicans. We shall quote a passage from Dr. Holmes's Annals, which breathes an evangelical spirit, and shows something like political reflection.

P. 58. "Why did Montezuma admit Cortes into his capital, and subject himself to the grossest indignities, when he might unquestionably have expelled, if not annihilated, his army? Antonio De Solis, the Spanish historiographer, says: The very effects of it have since discovered, that God took the reins into his own hand on purpose to tame that monster; making his unusual gentleness instrumental to the first introduction of the Spaniards, a beginning from whence afterward resulted the conversion of those heathen nations." Conquest Mexico, ii. 141. We ought to adore that Providence, which we cannot comprehend; but it is impious to insult it by assigning such reasons for its measures, as are contradicted by facts. The natural causes of the abject submission of Montezuma may perhaps be traced to a long and traditionary expectation of the subjection of the Mexican empire to a foreign power; to the predictions of soothsayers, with their expositions of recent and present omens; to the forebodings of a superstitious mind; to the astonishment excited by the view of a new race of men with unknown and surprising implements of war ; and to the extraordinary success of the Spanish arms from the first moment of the arrival of Cortes on the Mexican coast."

One cause more substantial should be assigned, which has hastened the downfal of many other nations, viz. the arbitrary and cruel proceedings of a tyrant towards the various nations subject to his power. How many thousand of the natives of this region were in the army of Cortes, compared with the few Spaniards that were

with him! He had uncommon sagacity, as well as valour, and made the best use of their hatred to serve his purposes. They wished to humble the proud monarch, who could shake his rod over them for his amusement, as well as to gratify his rage; and by their assistance he overthrew the Mexican empire.

We shall quote another passage from the American Annals, which ought to be compared with the reflection of Antonio de Solis.

"In 1551. Bartholomew de la Casas, having zealously laboured fifty years for the liberty,comforts, and salvation of the natives of America, returned discouraged to Spain, at the age of seventy-seven years."

The work of our Annalist will be considered by many as more dry, meagre, and insipid, when he comes to treat of the affairs of New-England, than of Spanish America, where he could animate his materials, collected from old accounts, with passages from Robertson, Clavigera, or the author of European settlements, supposed to be the late Dr. Campbell, The documents are accurate, but not interesting, which relate to these colonies. We have had men of invincible industry to drudge in the mine for materials, but where do we find the men of science to purify them? Our fathers were men of excellent characters; but, after they had subdued the wilderness and formed their settlements, what great transactions are there for the subject of history, or even to enrich the work of an humble compiler? In their annals there is no variety to charm, no very splendid events to celebrate, no such information to be obtained,

as they always expect, whose enlarged conceptions enable them to throw just observations upon human nature, or give extensive views of mankind. After all we can say of the rise and progress of these United States, there is no eventful period, till the revolution. There is not enough in our history to arrest the attention of readers in general, or to make a very splendid volume, though Robertson himself made an attempt upon the subject. We congratulate the author of the American Annals for what he has done; he has made them less tiresome and barren, than they have commonly been exhibited.

"The first plantation of the United States was in 1585. Sir R. Greenville left at Roanoke the English colony." P. 96.

This, it seems, was part of a fleet which Sir Walter Raleigh sent to Virginia, and which went back to England the year following. He was not easily discour aged, and sent a second col, ony.

Soon after this colony returned to England, and for a time frustrated the expectations of a man, whose spirit, virtue, and romantick generosity will be ever remembered. Few great men can be compared with Sir Walter Raleigh. Dr. H. says, this terminated the exertions of Sir Walter Raleigh; but this is not consistent with his relation of affairs in 1602. "Sir Walter Raleigh, not abandoning all hope of the Virginia colony, made one effort more," &c. The piior discouragement happened in 1587.

We are also informed, that "the first English child, born in America, was baptised August 1587, by the name of Virginia." Such