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THh~ NORTH AMERICAN REVIEW. VOL. XIII. NEW SERIES. VOL. IV. EOSTON: PUBLISHED BY OLIVER EVERETT, NO. 6 COURT STREET. University PressHilliard & Metcalf. 1821. /AP z 1\J& -y CONTENTS OF VOL. IV. NO. I. .New Series6 ART. 1.Pothiers Maritime Contracts. A Treatise on Maritime Contracts of Letting to Hire, by Robert Joseph Pothier; translated from the French, with notes and a life of the author, by Caleb Cushing. ART. 11.England and America. On the complaints in America against the British Press6 An Essay in the New London Monthly Magazine for February, 1821. 20 ART. 1II...Warden on America. A Statistical, Political, and Historical account of the tJnit- ed States of North America; from the period of their first colonization to the present day. By D. B. War.. den, late Consul for the United States at Paris, & c. & c. 47 ART. IV.Florida. 1. Sketches, Historical and Topographical, of the Floridas; more_particularly of East Florida. By James Grant Forbes. 2. Memoir on the geography, and natural and civil history of Florida, attended by a map of that country, & ~. By William Darby. 62 ART. Y..Botany of the United States. American Medical Botany; being a collection of the na- five Medicinal Plants of the United States, containing their botanical history and chemical analysis, and pro- perties and uses in mediciilTe, diet, and the arts, with colored engravings. fly Jacob Di~elow, M. D. Rumford Professor and Lecturer on Materia Medica and Botany in Harvard University. 100 ART. VI.A voyage to the internal world6 Symzonia, a Voyage of Discovery, by Captain Adam Sea born. 1$4 ART. VII.Internal improvements in South Carolina6 1. Report of the civil and military engineer of the State of South Carolina, for the year 1819. 2. Plans and progress of internal improvement in South Carolina, with observations on the advantages resulting CONTENTS. therefrom, ~to the Agricultural and Commercial interests of the State. 3. Report of the Board of Public Works to the legislature of South Carolina for the year 1820. 143 ART. VIIJ.Mr Wheatons Discourse. An Anniversary Discourse delivered before the New York Historical Society, December, 1820, by Henry Wheaton. 154 ART. IX..-Bottas American Revolution. Storia della Guerra deli Judependenza degli Stati Uniti d America scritta da Carlo Il3otta. Histoire de la guerre de lJndt~pendence des Etats Unis d AmSrique par M. Charles Botta, & c. traduite de lItalien et pr~c~d~e dune introduction par M. L. De Sevelinges, ouvrage orn~ de plans et cartes g6ographiques. History of the War of the IndepenJence of the United States of America, written by Charles Botta, translated from the Italian by George Alexander Otis. 169 ART. X..Life of Bernardin de St Pierre. ~Euvre~ Conipl& es de Jacques Henri Bernardin de St Pierre, mises en ordre, et pr~ced~es do la vie do lauteur par L. Aim~ Martin. 200 ART. XI.-.-Lord Byrons Tragedy. Marino Faliero, TOoge of Venice. A tragedy, in five acts, by Lord Byron. 2~7 ART. XII..Sillimans Journal of Science and the Arts. The American Journal ot Science and Arts, conducted by Professor Silliman. 247 250 List of New Publications.

Pothier's Maritime Contracts 1-20

NORTH AMERICAN REVIEW. No. XXXII. NEW SERIES, No. VII. JULY, 1821. ART. 1.el Treatise on Maritime Contracts of Letting to Hire, by Robert Joseph Pothier: translated from the French, with notes and a life of the author, by Caleb Gush.. ing. Boston, Cummings & Hilliard. 8vo. pp. xxxvii. 170. SIR WILLIAM JONES, in a letter to Lord Aithorpe, written after one of those excursions to France, in which his inquisi- tive mind, grasping every species of intellectual attainment, combined the severer studies of political science and law with the luxury of oriental literature, states that he had, among his various .pursuits, attended some causes at the Palais, and brought home with him the works of a most learned lawyer, whose name and merit he should have the honour of making known to his countrymen. This writer was Pothier, whom he afterwards noticed and imitated in his beautiful essay on the Law of Bail- ments, and of whose treatises on the different species of con- tracts he speaks in the following enthusiastic manner: I seize with pleasure an opportunity of recommending those treatises to the English lawyer, exhorting him to read them again and again; for if his great master, Littleton, has given him, as it must be presumed, a taste for luminous method, apposite ex- amples, and a clear manly style, in which nothing is redun- dant, nothing deficient, he will surely be delighted with works in which all those advantages are combined, and the greatest portion of which is law at Westminster as well as at Orleans. or m own part I am so charmed with them, that, if my New Series, No. 7. 1 () Pothiers .Maritime Contracts. [July, undissembled fondness for the study of jurisprudence were never to produce any greater benefit to the public, than barely the introduction of Pothier to my countrymen, I should think that I had in some measure discharged the debt, which every man, according to Lord Coke, owes to his profession. Among these treatises, of which Sir W. Jones speaJs in terms of such lavish commendation, is included that of which our countryman, Mr. Cushing, has presented the public with a translation in the work now before us. It contains the essay on the Contract of Charter Party or Affreightment, on the subject of General Average, and on Seamans Wages, three very important titles of maritime law. We have always re- garded a translation of Pothiers treatises on the several spe- cies of express or implied contracts as a very desirable acqui- sition to the profession, on account of the high character of the author, and because the law of contracts is necessarily the same, or very nearly the same, in every civilized and com- mercial country; since it depends not so much upon positive institution, as upon general principles applicable to human conduct in an advanced stage of society. The common law of England, and the commercial jurisprudence of Europe, have been largely indebted to the civil code for these principles, which were first invented by the Roman jurisconsults, and have been subsequently applied to the new relations, to which the vast increase of .maritime commerce in modern times has given rise. In order fully to appreciate the value of the works of this illustrious lawyer, it is necessary to remind our readers of some of the circumstances of his life and character, which con- nect his fame with the most classical epoch of French juris- prudence, when the administration of justice was carried to the greatest perfection it ever attained under the old monarchy. Robert Joseph Pothier was born at Orleans in the year 1699, and after pursuing his other studies with great ardor and suc- cess, felt himself drawn to the science of jurisprudence by an impulse too strong to be resisted, and which men of genius always feel for that pursuit in which they are destined to ex- cel. Before he was of uge, he was appointed a judge in the Presidial Court of his native city, where he soon outstripped all his competitors. The first work, in which he engaged for the improvement of his favourite science, was one which might appal the firmest resolution, and which nothing but the 1821.] Potliiers Maritime Contracts. C 0 consciousness of possessing perseverance and industry to over- come all difficulties could induce a man of his unaffected modesty and diffidence to undertake. This was no less a task than the remodelling of the Pandects or digest of the Ro- man law, originally collected by Tribonian in that celebrated compilation, which has preserved the most truly useful pro- duction of ancient genius from the ravages of time; but which abounds in defects proceeding from carelessness, ignorance, and, as some have thought, gross corruption and the indecent levity of despotic power sporting with the most important interests of mankind. Opinions are divided as to the integrity, with which the minister of Justinian proceeded; but the fact is unquestionable, that, under the pretext of drawing order out of confusion, he and his associates have left a crowd of antino- inies, or contradictory laws, and his general arrangement is extremely deficient. It was Pothiers aim to reconcile these inconsistencies, as far as possible, and to give a more himinous arrangement to the Pandects. Had he consulted his own judgment alone, he would undoubtedly have recast the entire body of the compilation, and given it that analytical form which modern skill imparts to elementary works of science. But the arrangement of the books and titles had become invet- erately established, and so identified with the citations of the text by the civilians in their commentaries, that it could not be changed, without manifest inconvenience. The laws are however disposed in a new order, connected by general defi- nitions, rules, and corollaries, filling up the numerous lacuna~ which the compilers employed by Tribonian had left, and giv- ing to the work that completeness and fulness of illustration which might have been expected from their hands. Where- ever a rule, maxim, or definition is deficient in the original, (probably from its having been first applied to the decision of a particular case presented to the jurisconsult or the emperor whose name is affixed to the law,) our author has added what- ever was necessary to make it perspicuous and of general application; without, at the same time, altering the original text, which is still preserved in Roman characters, whilst these additions are given in italics; except indeed where it was necessary to assert the purity of the text against the interpola- tions of Tribonian, or the carelessness and ignorance of sub- sequent transcribers. The alterations, which the venality or fickleness of Justinian subsequently introduced in the code and 4 [July~ .Potkiers Maritime Contracts. novels, are explained, and carefully distinguished from the genuine productions of the golden age of Roman jurjsprudence. To the whole work is prefixed a preface, containing a sketch of the history of the civil law; the series and sects of the jurisconsults; and that venerable and curious monument of antiquity, the fragments of the Twelve Tables. This preface was prepared by his friend M. de Guienne, advocate at the parliament of Paris, by whose continued encouragement he was stimulated to persevere to the end of this great work, which cost him the leisure of twenty years assiduously applied to its accomplishment. It appeared in the year 1748, in three large folio volumes, under the title of Pandectce Jztstinian& e in A~ovum Ordinem Digesta3. He was also honoured by the patronage and approbation of Chancellor DAguesseau; who, with the liberality of true gen- ius, encouraged the labours of the only man in Europe capa- ble of emulating the lustre of his own attainments in this noble science. This great man invited Pothier to Paris for the purpose of conferring with him on his work; corresponded with him on the subject; examined many parts of it in man-. uscript; and when he was appalled at the magnitude of the undertaking, and began almost to despair of its ultimate corn.. pletion, revived his drooping spirits, and encouraged him to persevere. DAguesseau was then at the height of his reputa- tion; a lawyer without a superior, in the extent and variety of his attainments, combined as they were with a classical elo.. quence and all the graces of a finished style in speaking and writ- ing. He appeared in the latter part of the brilliant age of Louis XIV, which, after all that has been said to depreciate it, must be considered as peculiarly fruitful in men of genius.; was made one of the kings advocates at the age of twenty one years, and in his first essay at the bar gave such presages of his future eminence, that the celebrated Denis Talon, president ~ mortier of the parliament of Paris, said that he should be satisfied to terminate as that young man had commenced hi~ career. Under the regency of the Duke of Orleans he was raised to the high dignity of chancellor, which in France, as in England, is a political, as well as a judicial office; and iii which he distinguished himself, not only as a judge, but by his enlightened views of reform in the civil and criminal legis- lation of his country. After consulting the different parlia- ments and the most eminent lawyers of ihe kingdom, he drew 1821.] Pothiers .Maritirne Contracts. up several ordinances intended to produce uniformity on the subjects of entails or substitutions, donations, wills and testa- ments, and the jurisdiction and practice of the courts. His ylaidoyers are also admirable models of forensic eloquence~ adapted to the purposes of real business, and sufficiently orna- mented, though far removed from the ambitious and florid style which has so much perverted the public taste in some parts of our country, which have been more ready to take en- couragement from Curran than to take warning from Phillips. Such was the man who encouraged the useful labours of Po- thier, and who selected him to fill the professorship of the Droit Franfais in the university of Orleans in 1749; which he combined with the office of judge, and performed the duties of both with extraordinary fidelity and diligence. He united oral instruction with his written lectures; and excited the emulation of the students by colloquial intercourse, conducted with great kindness and condescension, and by the institution of prize medals as a reward for distinguished merit. In 1740 he had published an edition of the coutume of Orleans with an elaborate commentary, and in 1760 he republished it with great additions and improvements. This work is marked by the same characteristics which distinguish his other writings, great clearness of conception, a methodical arrangement, and extreme neatness and purity of style; and it soon came to be regarded as a text book on the common law of all the pro- vinces, though peculiarly applicable to that of Orleans. After he entered on the duties of his professorship, he found it necessary to investigate more minutely the different titles of the law; and he gave to the world the fruits of his labors in a continued series of treatises upon various subjects, and especially upon the law of contracts. Of this series, the first is an essay upon the law of contracts in general, Trait~ des Obligations, which has been translated by an English barris- ter of considerable acuteness and independence of thinking, Mr. Evans; but whose extensive gloss, (designed to illustrate the text by a comparison with the law of England, and some other discussions,) as Mr. Cushing observes, has perhaps doubled the cost of the book, without proportionally increas. ing its actual value. It has also been very well translated in this country, by Mr. Martin, now one of the judges of the Supreme Court of Louisiana, who has also published several volumes of the decisions of that court, and a digest of the laws 6 Potiders .Maritime Contracts. [July, of that state. We are not aware that any of Pothiers other works had been rendered into English before the present laudable un- dertaking of Mr. Cushing. The best editions of the original are that in twenty eight volumes duodecimo, that of 1781 in eight volumes quarto, and an edition published in octavo at Paris, since the revolution, collating the text of Pothier with the new codes. The process, by which the common or unwritten law of France was formed, appears to have been very similar to that which produced the English common law; and the respec- tive fortunes of each have closely followed the political fate of the two countries. In France, the great fiefs were so early and so long separated from the domain of the crown, and independent of its control, that the local custom of each par- ticular province had time to grow up and ripen into a distinct law, which, when these fiefs came to be reunited to the crown, could not, without great inconvenienc& and popular discontent, be abolished or reduced to one uniform rule. Such, probably, would have been the fate of the English law, had the great vassals of the crown been able to assert or maintain their inde- pendence for any considerable length of time. The local customs, which now form only minute exceptions to the com- mon law, would have spread over a larger surface, and em- braced a greater variety of subjects. Of the ancient French customs, that of Paris is the most important to the general student of law, as it formed a sort of supplement to the rest, was applied in all the French colonies, and in that way has become interwoven into the laws of one of the states of this union; was early reduced to a text of great simplicity and beauty, and commented on by Dumoulin, and the other oracles of French jurisprudence. That of Orleans has deriv- ed an adventitious interest from the excellent commentary of Pothier; but the custom of Normandy may perhaps be con- sidered the most useful to the student of our law; because that province being the source from which sprung those feudal institutions which were planted in England by William the Conqueror and his successors, and subsequently engrafted on the stock of the common law, a diligent examination of this custom wiU shed a strong and useful light upon the investiga- tions of those who take pleasure in tracing the analogies of law. The French lawyers, in their turn, have regarded the text of Littleton and Bracton as illustrating the custom of Nor- 1821] Potliiers .Miaritime Contracts. 7 mandy, and other provinces where the feudal system had taken deep root. M. Houard, an eminent advocate at Dieppe, published at Rouen, in 1766, an edition of the text and a trans- lation of the institutes of Littleton, with a glossary and notes collating it with the custom. This unxvritten or customary law, of which we have been speaking, prevailed in the northern provinces of France, where the usages of the Franks and other barbarians gained a more complete triumph over the Roman institutions, and which were therefore called the pays coutumier; whilst the civil, or Roman law, still survived in the southern provinces, which were therefore termed pays de droit ~crit. The struggle which took place between these rival systems during the middle ages is a curious subject of investigation. Under one of the French kings of the second race, a controversy arose between the Abbey of St. Benoit and that of St. Denis, respecting the proprietary interest in certain serfs, which were claimed by both; and in order to adjust it, several conferences were held, at which certain doctors and judges assisted, and on the part of the king a bishop and a count. But the affair could not then be brought to a decision, because the judges of the Salic law were entirely ignorant of the Roman, which it was insist- ed ought to regulate ecclesiastical property. Another con- ference was ordered to be held at Orleans, where doctors of the civil law attended, and where it seems it was regularly taught; but the suit was at last hardly terminated without a judi- cial duel between the witnesses, a mode of ascertaining their credibility very common in that age.* On the revival of the study of the civil law, or rather of the Justinian code, it en- countered the same sort of opposition in the pays coutumier, which it is well known the English common laxvyers manifest- ed when it was first introduced in England; and the Romish clergy do not seem to have felt the same interest in promoti. g its adoption. It was taught in the south of France long before it was introduced into the northern provinces; and when the study of it was first sought to be established in the university of Paris, Pope Honorius III. expressly prohibited it to be taught there, upon the ground that in those provinces the laity did not acknowledge the authority of the imperial law, and that the canon law was sufficient for the determination of ecclesi- Fleur9, Iii itoire du Droit Francais, p. 40. S Potiders .Maritnne Contracts. [July, astical causes; and besides the study of the Roman law might divert the attention of the clergy from the holy scriptures. He therefore forbade all persons whatsoever from teaching the civil law at Paris, or in the neighbourhood, under the penalty of being interdicted from practising as advocates, and of ex- communication; and it is a remarkable fact, that, until the year 1679, there was no professor of the civil law in that celebrated university.* It has commonly been supposed that the Roman law was entirely disused in the southern provinces after the firi~ establishment of the barbarian kingdoms in that part of Gaul, or at least that the text was forgotten or lost, and it only survived as a sort of traditionary usage or customary law, until the celebrated epoch of the discovery of the Pan- dects at Amalfi. But the Theodosian code could hardly have been obliterated; and when that of Justinian was revived, it was eagerly adopted in that congenial soil where the Romans left so many vestiges of their power and institutions, and was soon applied even in the pays coutumier to the improvement of the local usages: so that the entire law of France is strongly imbued with the spirit and principles of Roman legislation. These customs were at a very early period reduced to a writ- ten text, and thus delivered from that uncertainty which must always attend the administration of a system of laws resting in tradition, and depending upon the frail testimony of witnesses for its ascertainment. Such were the Etablissemens de St. Louis, published by that monarch in 1270, before his expedi- tion to Africa, containing the customs of Paris, Orleans, and Anjou, as they then existed; the Coutumes de Beauvoisis* compiled by Philip de Beaumanoir in 1285; the ./lssises de Jerusalem, composed by Godfrey of Bouillon for the govern- ment of the kingdom established by the French crusaders in Palestine, and the Grand Coutumier, containing a collection of all the customs of the different provinces made in the reign of Charles VI. But these works, adapted to the simplicity of the rude age in which they were compiled, were found to be too general in their provisions and too succinct in their style to satisfy the wants of a more advanced stage of society; and when Charles VII. had accomplished the great work of ex- pelling the English from France, he set about an undertaking hardly less important to the nation, that of amending the cus- Fieur~,, & c. p. 67, 68. Decretal. Gregor. 1. v, t. 33, c. 28. 1821.] Potluers .JllaritThze Contracts. 9 toms and republishing them in a more ample and intelligible text. We are informed by Dumoulin, that the ultimate inten- tion of this monarch was to reduce the whole to an uniform code for the entire kingdom; and De Comines attributed the same design to Louis XI, who is said to have expressed a strong desire that an uniformity of laws, and of weights and measures, might be established throughout the kingdom; quen ce Royaume on us~tt dune coutume, dun poids, dune mesure, et que toutes les couturnes fussent mises en Franfois dans un beau livre.* But the accomplishment of these de- signs and wishes was reserved for our own times, and even the more indispensable Work of revising the different customs and reducing them all to an accurate texf was not achieved, until more than a century after the death of Charles VII. Besides these two great sources of the laws of France, the Droit Franfais, and the Roman code, another was to be found hi the statutes enacted by royal authority. These were called un- der the Merovingian and Carloviugian princes, Capitulaires; and under the third race they acquired the name of Ordonnan- ces, although all letters patent, by which a general rule of con- duct was prescribed, had the force and effect of law. At first these statutes were enacted by the king in an assembly of his barons, and with their advice and consent, in the same man- ner as the great vassals of the crown legislated within their fiefs, with the advice and consent of their vassals. And even after the independent and exclusive legislative authority of the crown came to be habitually exercised, many of the most im- portant ordonnances were enacted in an assembly of the states general of the kingdom. Such, for example, is the celebrated ordonnance of Moulins, requiring all contracts, the considera- tion of which exceeds a hundred livres in value, to be in writ- ing. This, like all the other French statutes, is drawn up with great simplicity and precision, and appears never to have given rise to those innumerable questions, which have occurred un- der the English statute of frauds, and which have perverted its original design, so as almost to make it a statute for the promotion of frauds. Indeed the extreme verbosity of the legislative style in the English parliament, which has been too much copied in this country, is attended with very great inconveniences, and entirely defeats the great end of a written *Fleu~, p. 91. 2 .TVew Series. .JVo. 7. 10 Pothiers .Miaritime Contracts. [July, code. Among the French ordonnances, those of Louis XIV. are the most beautiful models of legislation, especially the Commercial ordonnance of 1673, which was compiled by a commission of the most eminent merchants and lawyers under the direction of Colbert; and the celebrated Marine ordonnance of 1681, better known by the admirable commen- tary of Valin, which prepared the way for the elementary works of Pothier and Emerigon. It is only i~ecessary to name these three illustrious men to assert the fame of their country in legal science. To this immense pile was superadded the jurispruJence des arrets, or the decisions of the courts of justice, ascertaining the law, or having proprio vigore the forc~ of law: for though judicial decisions and precedents never appear to have acquir- ed that authority which they have in England, and in this country, nor to have contributed so much to swell the mass of law, and to fill the lawyers library, yet they were regarded with very great respect, and the parliaments and other sove- reign courts even asserted the right, in many cases, of promul- gating what were called arr~ts reglementaires, and had the force of general prospective enactments. The revolution came, and swept away this vast accumula- tion of laws. To supply its place, temporary decrees were enacted by the different legislatures. The project of a general civil code was first drawn up by Cambacires under the repub- lic, and before the return of Bonaparte from Egypt. On the accession of the latter to the first consulship, his ardent and restless mind was turned to this important subject, and he aspired to combine the fame of the legislator with the glory which he had acquired in arms. The same object had before occupied the attention of the different national assemblies which rapidly succeeded each other; but they were too much dis- tracted by external danger and domestic faction, to mature a work, to accomplish which required either the tranquillity of peace and social order, or the power of a single will. Aftet the return of the first consul from the field of Marengo, ho appointed a board of commissioners to draw up the plan of~ a code, which should supersede all the pre-existing laws con- cerning private civil rights. It consisted of MM. Portalis, Tronchet, Bigot-Preameneu, and Malleville, all eminent and experienced lawyers of the old school, who produced the Projet de Code Civil, which was printed, and submitted to 1821.1 Potitiers .Miaritime Contracts. 11 discussion in a mode adapted to free it from imperfections, to remove the objections to its general plan, to simplify its pro- visions, and render them more explicit, and produce the most perfect model of legislation the world had yet seen. The revolution, which had levelled in the dust almost all the social institutions of France, without discriminating the good from the evil, rendered the task comparatively easy. The inun- inerable customs of the provinces had disappeared; and the multitude of royal ordinances was superseded by decrees of the different national assemblies, which had not yet gained that reverence and strength which time alone can give to the works of man. From this mass of ruins the legislator might select such materials as he thought fit for the construction of his new edifice. The Roman law was alone left, having the efficacious authority of a code of written reason; an authority which it must always command wherever it has been once known and established. It furnished an inexhaustible reposi- tory of legal principles, adapted to the wants of a highly civil- ized and polished state of society, and had no small preten- sions to be considered as the universal code of Europe. From this source then, from the ancient customary law of France, and especially from the works of Pothier himself, they drew the materials of their new creation. After this work had been prepared, it was submitted to all the Courts of Appeal, who made their observations upon the plan, which were also printed, and the whole was then sub- jected to the revision of the Council of State. Each book was then separately submitted to the legislative body for its adoption, accompanied with an expose des mot~fii. These ob- servations of the judges, the proct~s-verbal of the deliberations in the Council of State, and the motifs form an excellent com- mentary upon the text of the code. The Code de Commerce which was principally compiled from, and includes the subject matters of the commercial ordinance of 1673 and the marine ordinance of 1681, was prepared in a similar manner; and after these succeeded the Code de Pro5dure Civil, the Code Penal, and Code de Procedure Criminelle. These still form, with a very few alterations, the law of France; and certainly if despotic authority exerted for the accomplishment of beneficent designs can compensate for the miseries inflicted by military ambition, the fame of Napoleon must in some degree be justified from the imputation of having wielded his power only fQr the destruction of mankind. 12 Pothiers .Maritime Contracts. [July, Whatever could be done by the mere private authority of an individual to give a methodical system, fixedness and uni- formity to the complicated legal institutions of France, had already been accomplished by the genius of Pothier; and it is his highest praise to have anticipated that reform in the legislation of his country, which he did not live to witness, but to which his works have essentially contributed. After a long life of incessant labour and usefulness, he died 1772, leaving behind him a character of probity and virtue equal to his reputation for talents and learning.* His memory is still revered among his countrymen as the great oracle of their jurisprudence; and his fame has not been confined to his own age and nation, since his works are constantly cited at Westminster and Wash- lngton as of the highest authority in all questions not exclu- sively depending upon positive and local institutions. It there- fore appears to us that Mr. Cushing could not have performed a more valuable service to the profession, than by naturalizing among us these works. The translation which he has ex- ecuted of the Contrats de Louage .Maritimes is done with great fidelity and exactness, and is an earnest of what may be accomplished, should the editor be induced to persevere in his undertaking, and extend it to the other treatises of Pothier. The notes which are appended to this part of the work are of very great value, and indispensably necessary to render the text intelligible to readers not familiar with the French and Roman law. Should the public patronage justify a continu- ation of the work, as we feel confident it will, we would re- commend to Mr. Cushing to collate the citations of Pothier from the commercial and marine ordinances of Louis XIV. with the correspondent provisions of the new commercial code; as alterations more or less important have been made in the text of those ordinances by the latter compilation, which is now the law of France, and may sometimes be referred to in our own courts either as illustrative of the general maritime ~ Public funeral services were performed in the cathedral of Orleans on his account, and the following inscription, in letters of gold, on a marble tablet, may still be read there: Ilic jacet R0BEUTUS Josaraus P0TETIEU~ vie jurzs peritia, crqsa 8tUdiO, .rcriptis cousilioque, anitni conduce, s%splicitate morum, vitte sanctitate pre clams. Gin bus singulis, pubis omnibus, studier juventsiti, ac maxsms past. peribas, quorum gratia pauper tpse usxzt, etemnum cvi desidcriu,n reiquit, wino reparatce satutis MDccLxxIJ, etatis nero sue LXXUI. Pr~efectsis et .~~diles, tam civitatis nomine quam situ, pusnere. 18~21.] Potlners .Maritime Contracts. 13 law, or as of positive authority in questions of the lex loci con- tract us. An interesting life of Pothier, collected with care from all the sources accessible in this country, is prefixed by Mr. Cushing to his translation. The following extract presents us with some personal anecdotes of this illustrious jurist. In the course of his long life, a short journey to Rouen and Havre was almost the sole interruption, which he voluntarily made, in the regular routine of his pursuits. While he was com- posing his great work on the Pandects, he was obliged to with- draw for a short time from his business, and retire to Lu,5 for the benefit of repose and solitude. After he was appointed professor, he commonly spent the vacations at the same place, and was most assiduously employed at a time which others devoted to relaxa- tion. Many of his treatises proceeded from Lu. His only amusements there were short walks after he had dined or supped, occasional visits, and riding on horseback, an exercise for which he acquired great partiality. He never indicated the least disposition to marry, saying that he had not sufficient courage for it, and that he wondered at those who had; thinking, besides, that celibacy was the wisest course for one who was frugal of his time and was exclusively devoted to tranquil and studious retirement. That he was thereby enabled to execute more is indubitable; since the very felicity of a mars ned life would have drawn him away from less agreeable occupa- tions, and diminished his opportunities for extended usefulness. No person ever availed himself more fully of his exemption from the cares of a family; for he was too careless of money and indifferent to the means of increasing his property, to attend to the management of his domestic affairs. He gave it up altogether to his servants, who governed his house, directed its expenses, and relieved him from every thing which did not indispensably demand his personal interposition. The same disregard of domestic con- cerns appeared, also, in his exterior, which was always neglected, and in his cabinet, where all his books and papers were thrown about in the greatest disorder. A man of such habits would obvi- ously never seek after riches. This indifference for wealth did not proceed from the greatness of his fortune, which, however, was sufficient for his purposes; but from the disinterestedness of his character. In fact, he considered his superfluous possessions the patrimony of the poor as much as of himself; and therefore his charities were unwearied and boundless; he denied himself Lu is a toivn belonging to the dutchy of Montferrat in the north of Italy. 14 Pothiers .Miaritime tontr~tets. [July, all the luxuries of life, and sometimes almost its necessaries, that he might have the more to give in alms; so that the inscription over his grave was literally true, that for the sake of the poor, he himself submitted to live in poverty. Although second to none in that essential politeness of the heart, which consists in being indulgent towards the faults, and scrupulous of injuring the feelings, of others, he was destitute of all exterior politeness and elegance of manners acquired from intercourse with polished society. His diffidence was excessive and always rendered him timid and embarrassed in the company of strangers. His body was tall in stature, but ill-connected; in walking, it inclined on one side, and his gait was singular and inelegant; he sat with his legs twisted together in the most un- gainly manner; and there was a peculiar awkwardness in his whole figure, conduct, and deportment. His manners were, there- fore, so little prepossessing, that a transient acquaintance would have tended to weaken, rather than confirm, a persons respect for his character; and although the goodness of his heart and sim- plicity of his feelings would soon become apparent to strangers, it would be long, before they would perceive any thing in his ap- pearance answerable to the greatness of his reputation. pp. xxxl xxxiii. It was our design to have entered into the examination of some of the points of law, which form the subject of the notes, but we find none perfectly adapted to discussion in our pages. On page 147 is a curious note on the question, whether negro slaves might be thrown overboard to lighten a ship. The last and longest of the notes contains a very learned and use- ful sketch of the history of maritime law and an account of the treatises on this subject. We extract the first part of it. AorE 55, P. 136. The author of the foregoing work exhibits, at every step, a profound knowledge of his subject, and a know- ledge which could not have been acquired without very extensive reading; but as he seldom cites any authority except the Pan- dects, the Marine Ordinance and Yalins Commentary; it may be well to take a view of the sea-laws and treatises, from which Pothier drew his opinions, and whith constitute the foundation & f our maritime jurisprudence. The most ancient system of marine laws referred to by wri- ters is that of Rhodes. The people of this island acquired com- mercial reputation at an early period, and the usages, which they followed in the regulation of maritime affairs, were so wise and just, that they were adopted by Rome as soon as she had extend- ed her dominion beyond the boundaries of italy. (Gravina, De 1821.] .PotAiers Maritime Contracts. 15 Ovtu Jur. Civ. p. 756 et seq; Em4rigon, ~ssur. pr4f~ Cicero pr L. .Mianil. c. 18.) It is doubtful whether the Rhodians ever pos- sessed a written code of these laws; and the pretended collection of them, which for a considerable time imposed on the literary world, (Sea Laws, p. 76 et seqq.) is now generally acknowledged to be spurious. (JVorth .IIm. Rev. vii, 325, 226; Peters .IIdm. Decis. ii. 479.) Indeed the Rhodian laws, as we learn from the famous rescript of Antonine, (Digest. lib. xiv, tit. 2, 1. 9.) were a species of common or international law in the Mediterranean. (Grotius de Jure Belli ac Pacis, 1. ii. c. 3.) The spirit of these laws was gradually incorporated into the Roman law, until they came to form the substance of the maritime laws of Rome. (.North .JIm. 11ev. vii, 327; Selden. Mare L~lausum, lib. i, c. 10, s. 5; Suetun. Vita Tiberii Claudii; Schombergs Obs. on Rhod. law; Park on Insurance, introduc. p. 3, 7; Pastoret, Dis. sur lInftuence des Loix .Maritiines des lihodiens; Bynkershoelc, ad leg. lijiod. c. 8; Heineccius, His. Jur. Civ. Roman. Germ.; .Iizunis Maritime Law, pt. i, c. 4, art. 2; Boucher, Consulat de la .]~Jier. tit. I, liv. 1, c. 2, 4.) The next authority, therefore, on which the modern commer-. cial law stands, is the Roman law, as it exists in the Digest and Code of Justinian. The general principles ot justice, Which the civil law teaches, are the soul of all our international and mari- time regulations at the present day; and although the titles in the civil law exclusively devoted to nautical concerns are few in number, yet their sound wisdom, compressed sense, and apposite illustrations entitle them to the greatest consideration. Pothier, we have seen, adduces them whenever he has an opportunity. The most important of these titles in the Pandects are L. iv, tit. 9, .Nauta~ caupones, stabularii, & c.; L. xiv, tit. 1, De exercitoria actione; L. xiv, tit. 2, De lege Rhodia de jactu; L. xxii, tit. 2, De nautico fcenore; L. xlvii, tit. 5, Furti adversus nautas, & c.; L. xlvii, tit. 9, Dc incendio, ruina, naufragio, & c. (.ihunis Mar- itime Law, i, 296 et seqq.; Boucher, ~onsulat, & c. t. i, p. 25 et seqq.) These titles, with the commentators on them, will be found tQ be of the very first utility to the commercial jurist. A translation of these titles into English is contained in Halls Law Journal. (See also Halls Em4rigon, ap.) During the middle ages, as commerce revived in the different states bordering on the sea, each one, for a time, followed its own peculiar usages,for laws they had none at this period of ignor- ance and superstition. As these states increased in wealth and p ower, their maritime usages began to assume a more distinct form, and were at last wrought into several written codes. These codes were not created in a moment, nor were they acts of pecu- liar legislative wisdom; but the principles in them slowly grew Fodders .711aritime Contracts. [July, up in the courts and commercial practices of several countries, and acquired confirmation from experience. (.JVorth ./Irn. 11ev. vii, 328, 329.) The first modern code of sea-laws was compiled in the latter part of the eleventh century by the people of Amaiphi, one of those numerous cities in Italy, which attained so much wealth and eminence in the pursuit of maritime commerce. (Park, Sqs. of Insurance, mt. P. 24; .Miarshall, Treat. on Insurance, p. 11; .dzunis .Mjaritiine Law, i, 376.) Other states bordering on the Mediterranean followed the ex- ample of Amaiphi; and in a short time one of them produced the curious and valuable collection of sea-laws called the Consulate of the Sea, which was probably compiled about the time of the crusades, (Grotius, de Jure J3elli, 1. 3, c. 1, s. 5; .4liarquardus, De Jure .Miercat. c. 5, n. 59; Vinnius, ad Digest. xiv, 1, 2, p. 190; Grusius, Opuse. Gorn. in leg. Rhod. de jactu;) but by whose au- thority is altogether uncertain. The prevailing opinion is that, which traces its origin to Barcelona. (Capmany, Codigo de las Costum. .Atar. de Barcelona, disc. del. edit.; Idem. .Alient. sobre la .Miarina, Cornrnercio y ./Irteg de Barcelona, pt. ii, lib. 2, cap. 2, P. 107 et seqq; Boucher, Consulat de Ia .41ev, tom. i, liv. 1. See however .dzunis .4liaritirne Law, pt. 1, ch. 4, art. 8.) Wherever it was written, it soon attained great celebrity, and in the elev. enth and twelfth centuries became the maritime law of the whole Mediterranean. (Targa, Ponderazione, c. 96; Ein4rig~on, Des .~ssurances, pref.; Casaregis, Disc. 4, 6, 19, & 213. JV~orth .~m. Rev. vii. 329; Lubecic, De Jure ~variae, P. 110; Gard. de Luca, de Credito, dis. 107. n. 6.) The title of this remarkable collec- tion was derived from the name of consulate, which then belonged to the maritime courts in the South of Europe. (Ducange, Gloss. s. voc. Consul; .Jizunis .Maritime Law, i, 381; Boucher, Consu- lat, t. i, p. 579 et seqq.) Some difference exists among learned men as to the value of the Consulate, and all agree that it is a confused, inexact, and ill-arranged collection. (Hubner, De la Saisie des Bdtirnens neutres, dis. pre~l. p. 11; Bynkershoek, de Reb. Bellic. c. 5, Duponceans tr. P. 44.) Indeed it would be absurd to suppose that, at the time when it was compiled, any considerable judgment in selecting, skill in arranging, or precision in expressing nautical usages, could have been possessed by men just emerging from total barbarism. The single merit of it is, that, among many trivial and many unjust rules, it contains some of obvious utility and importance, which experience suggested and sanctioned. (.North .flin. Rev. vii. 330; Marshall on Insu- rance, p. 15, 16; Park on Insurance, mt. p. 25; Valin, .JVouveau, Gommentaire pref.; Peters .fldm. Decis. i, 106; .!Jzunis .Miari- biine Law, ubi supra.) At present, however, it is interesting 1821.] Pothiers Maritime Contracts. 17 chiefly as an object of curiosity; because it has been superseded, by more valuable codes; since the very wisdom of its provisions by causing them to be sought after and adopted by legal writers and legislators, has proved the means of rendering the study of them unnecessary. The oldest known version of the Consulate is in the dialect of Catalonia, from which it was translated into Spanish, Italian, German and French. Some of the most eminent modern jurists have published editions of the Consulate, Casaregis in Italian, Westerven in Italian and Dutch, and Capmany in Spanish. The best edition is the translation in French by Bon- cher, which is preceded by a volume of very learned, but crudely compiled, illustrations. (Boucher, L~onsu1at de la .]~Jier, 2 tom. in 8vo, Paris, 1808.) At the same time that the customs of the sea inserted in the Consulate were in credit on the coast of the Mediterranean, Eli- nor, duchess of Guienne and queen of England, soon after her return from the Holy Land, drew up a compilation of judgments, entitled the Roll or Judgment of Oleron, from the name of her favorite island, which her son Richard afterwards augmented and promulgated as the maritime law of Guienne and England. (Gleirac, Us et Goatumes de la .4Ier, p. 2; Sea-Laws, p~ 116, 118; Selden. de Dorninjo ~1iaris~ c. 24; .Aliorisot, Ilistoire de la .Alarine, 1. 1, c. 18; Fontanon, Ordon. Boy, torn. iii, p. 865; Blackstones Corn. iv, 423; Peters ddm. Decis. i, ap. p. 3; Schombergs Obs. on Rhod. Law. p. 88; Park on Insurance, mt. p. 26, 27; Boucher, Consulat, t. i, c. 1820.) The Roll of Ole- ron was amended and published anew by John, Henry III and Edward III, and, as contained in the Black Book of the Admi- ralty, constitutes the basis of the admiralty law of England. (Browns Civ. and .Iidrn. Law, ii, 40.) As it was originally coin- piled for the dutchy of Guienne, then a great fief of the kingdom of France, and compiled by a vassal of the crown, it has always been claimed as their own by the writers of France. (Ern& igon, Des .~ssurances, pref.; Valin, .iVouveau Cornrnentaire, pr~f p. 377 et seqq.) The Judgment of Oleron was composed in Gascon French. It forms the first part of Cleiracs Us et Couturnes de la .Mier, who has accompanied it with an excellent commentary. Au English translation of it was published in the Sea-Laws, (p. 120 et seqq.) and republished in Peters .Ildrniralty Decisions. (vol. i, tp. n.1.) The next important collection of sea-laws is that of the Ordi- nances of Wisbuy. Wisbuy was formerly a rich and powerful city in the Swedish island of Gothland, and the most renowned market and fair in the North of Europe. (Olaus .Aliagnus, His- toy. lib. x, c. 16; Sea-Laws, p. 124; Peters .Ildrn. Decis. i, ap. p. 69; Ern~rigon, Des .~ssurances, pref. 11; Boucher, Gonsulat, & c. .New Series, No. 7. 3 18 Pothiers Aliaritirne Contracts. [July, ubi supra.) The history of its rise and of its fall is alike buried in obscurity, and no monument of its magnificence remains except its maritime regulations, which acquired the authority of a public law in all the countries beyond the Rhine, (Grotius, ,Mare Li- beruin; Loccenius, de Jur. .Mlarit. prnf.) The precise date at which these Ordinances were compiled is unknown; some writers even placing them before the Consulate of the Sea; (Kuricke, Jus. Mar. Hans. p. 681; Lubeck, De .Jivar. p. 105.) but the most probable opinion is, that they appeared some time after the Judg- ment of Oleron. (Boucher, Consulat, t. i, c. 21, 25; Valin, Corn- inerttaire, pref.; Gleirac, Us et Coutumes, p. 3, & 161; ./Izunis .Miaritime Law, i, 381385; Bouchand, Th~orie des Trait. de Commerce, c. lx, s. 3; Park, Syst. of insurance, jut. p. 29.) Cleirac has published theni in French in the Us et Goutumes, from which they were translated into English by the author of the Sea- Laws, where they may be found, (p. 175 et seqq.) as likewise in Peters .Jidmiralty Decisions. (Vol. i. ap. p. 69 et seqq.) They are likewise contained in Verwers .2Vederlandts See-Rechten, ac- corn panied with annotations. The precise date of the preceding codes is uncertain; but the subsequent compilations were made in periods better known to history. In 1434, (Marshall, Treat. on Insurance, p. 20.) the prud hommes, that is to say, the municipal magistrates of Barce- lona, published divers regulations on marine insurance, quoted as the Regulations of Barcelona. They are usually printed together with the Consulate of the Sea. (Eme~rigon, Des .Assurances, pref. p. 12.) In 1551, Charles V published regulations concerning maritime commerce at Brussels, which were afterwards improved by his son Philip. They are denominated the Caroline Laws. (Em~ri- gon, Des .~ssurances, pref. p. 12, iS. At the end of the sixteenth and beginning of the seventeenth centuries appeared the Laws of the Hanse-Towns. The nature of this confederation, the celebrity it acquired and the opulence of the towns composing it, are too well known to need repetition. In 1591 the deputies of the towns in the league assembled at Lu.. beck, and enacted a system of regulations for the government of their extensive commerce. They are printed in French in the Us et Goutitmes de la .Mier, (P. 186,) and in English in the Sea- Laws, (p. 195 et seqq.) and in Peters .ddmiralty Decisions. (Vol. i, ap. p. 96 et seqq.) Afterwards in 1714 the consuls and deputies of the same free cities again assembled and published mare copi- ous and improved regulations than the first, which, now that the Hanse-Towus are comparatively speaking obscured by the might and wealth of other cities, which have grown up around them, will ever endure as testimonies of their early reputatinn, wisdom and 1821.jj Pot/tiers JFlaritime Contracts. 19 splendor. (Em& igon, Des .Jlssurances, pref. p. 1 ~ Sea-Laws p. 190194; Peters .~dm. Decis. i, up. p. 9395; Schomber~~s Obs. lihod. Laws, p. 106; Parks Syst. of Insurance, mt. p. 50, 51; .~zunis .Miaritiine Law, i, 388 et seq~.) They are found in German and Latin, together with a learned commentary, in the Las .Miaritimurn Hanseaticurn. Beside these principal ancient marine regulations, Philip IL, in 1593, enacted an Ordinance for the Insurances of the Exchange of Antwerp, and in 1598 the city of Amsterdam compiled a Cus- tumary of Insurances, both of which are printe(l in the Us et Coa- turnes de la .Mier. (Em~rigon, Des .~ssarances, pr~f~ p. 14; Gleirac, Us et Gouturnes de (a Jkr, pt. ii; J7erwers ~7Veder- landts See Rechten.) The last code of old maritime laws deserving attention is the Marine Ordinance of Louis XIV. Superseding all former laws on the subject, and incorporating into itself all that was most admirable in other ordinances, it merits a more detailed notice in this place, from the constant reference to it in the preceding trea- tise by Pothier. Among the numerous projects of national ag- grandisement entertained by Louis XIV, that for extending the commerce of his kingdom was early conceived and assiduously promoted by every means in his power. Colonial establishments were increased and regulated by him, navigation was encouraged, manufactories were established, the administration of justice and of the finances was reformed, and, as a certain method of attain- ing his object, a new code of marine rules and decisions was pro- mulgated. (Ordon. de (a .Miarine, pr~amb.) The design of it is attributed to the genius of Colbert. (Sea-Laws, p. 250.) This enterprising minister caused all the marine laws of his own and of other countries to be drawn together, carefully collated, ex- plained by citations from all the writers on the subject, and illus- trated by the annotations of those learned men employed in the work. In the mean time the Marquis of Thibouville (Henri. Lambert) received a commission authorizing and requiring of hint to visit all the harbors and maritime towns of the kingdom, to inquire into the laws, rules and usages there prevailing, and to examine the registries and collect the decisions of admiralty courts. The materials obtained by this laborious process were next digested and abridged, then submitted to the perusal of mer- chants and advocates, and, when improved by the addition of new regulations adapted to the state of the country and the views of the king, promulgated in 1681 as the sole authentic marine laws of the kingdom of France. (Valin .]Vouveau Commentaire, pr4f; Enurigon, lies assurances, pr4f.; Peters ~dm. Decis. ~ up.) 20 fl gland and ~dmersca~ [July, Who was the able writer of this Ordinance it is impossible to determine with certainty; for, although several persons have been named as such, Valin confidently denies that there is any evidence to prove either of them entitled to the honor. Whoso. ever he may have been, every author of every nation allows, that he collectea all that was most wise, most useful and most import- ant in the maritime usages of Europe~ The indisputable justice of the general principles of this Ordinance, the precision and com- prehensiveness of its language, and the methodical nature of its arrangement, gave it the greatest authority, not merely in France, where it was so long the law of the land, but in every country which esteemed sound laws or aspired after superiority on the seas. (.Miarshall on Insurance, P. 18; .dbbott on Shipping, pref.; .lTVorth .din. Ky. vii, 340; Park, Sys. of Insurance, mt. P. ~3) ART. 11.On the complaints in .dmerica against the British Press. .ln Essay in the New London Monthly Maga- zine for February, 1821. Tnt laws of reviewing, like the laws of war, seem to have provided some small alleviations for the inherent cruelty of the pursuit. In war, it is considered honorable and lawful, to storm a town and put man, woman, and child to the sword; and to turn armies into a defenceless district and subsist them on the plunder of a ruined peasantry is a practice, if not for- mally authorized by the international code, far too common to be thought strange. But to poison wells and massacre un- armed prisoners are held highly inhuman and barbarous; and it takes a good deal of patient reasoning on the one hand to reconcile a person of timid nerves to an unrestrained use of Congreve rockets, charged with tartarean sulphur and strange fire, or to bring him wholly to feel delight, on the other hand, in the torpedo that floats unsuspiciously down beneath the sur- face of the waters, and blows up a frigate in the dark. So in reviewing, and we may say periodical and anonymous writing ~n general, to judge from the most respectable precedents on both sides of the water, a pretty wide range is authorized by the common law of the literary republic; and it is permitted under the names of remark, stricture, observation, and reply, to mix up a good share of heterogeneous materials, and to make tolerably free use of that particular figure of speech,

England and America 20-47

20 fl gland and ~dmersca~ [July, Who was the able writer of this Ordinance it is impossible to determine with certainty; for, although several persons have been named as such, Valin confidently denies that there is any evidence to prove either of them entitled to the honor. Whoso. ever he may have been, every author of every nation allows, that he collectea all that was most wise, most useful and most import- ant in the maritime usages of Europe~ The indisputable justice of the general principles of this Ordinance, the precision and com- prehensiveness of its language, and the methodical nature of its arrangement, gave it the greatest authority, not merely in France, where it was so long the law of the land, but in every country which esteemed sound laws or aspired after superiority on the seas. (.Miarshall on Insurance, P. 18; .dbbott on Shipping, pref.; .lTVorth .din. Ky. vii, 340; Park, Sys. of Insurance, mt. P. ~3) ART. 11.On the complaints in .dmerica against the British Press. .ln Essay in the New London Monthly Maga- zine for February, 1821. Tnt laws of reviewing, like the laws of war, seem to have provided some small alleviations for the inherent cruelty of the pursuit. In war, it is considered honorable and lawful, to storm a town and put man, woman, and child to the sword; and to turn armies into a defenceless district and subsist them on the plunder of a ruined peasantry is a practice, if not for- mally authorized by the international code, far too common to be thought strange. But to poison wells and massacre un- armed prisoners are held highly inhuman and barbarous; and it takes a good deal of patient reasoning on the one hand to reconcile a person of timid nerves to an unrestrained use of Congreve rockets, charged with tartarean sulphur and strange fire, or to bring him wholly to feel delight, on the other hand, in the torpedo that floats unsuspiciously down beneath the sur- face of the waters, and blows up a frigate in the dark. So in reviewing, and we may say periodical and anonymous writing ~n general, to judge from the most respectable precedents on both sides of the water, a pretty wide range is authorized by the common law of the literary republic; and it is permitted under the names of remark, stricture, observation, and reply, to mix up a good share of heterogeneous materials, and to make tolerably free use of that particular figure of speech, 1821.11 England and .Imerica. 21 which the gods call misrepresentation, but for which the plain spoken men have invented a shorter name. All this, however, is thought to fall within the limits of authorized literary war- fare while a kind of sullen courtesy dictates an abstinence from gross personalities, and has especially made it a part of etiquette, in the various critical journals of a respectable class, to abstain from direct controversy with each other. We have no disposition to break through this usage, as regards our brethren beyond the sea; if indeed we be not too humble to have a right to avail ourselves of it. We have accordingly confined ourselves, in general, to those passing allusions and references, which cannot well be spared in a journal, that would keep the current of the literature of the day; and in a single instance only have ever undertaken a formal reply to any thing, which has appeared in the English periodical works. We are led to wish to continue in this course, not the more from considerations of propriety, than of convenience. A half anonymous controversy is a game too unequal to be wisely played; and in engaging in it one is never sure that he may not find himself involved in a contest with those who, how- ever weak their cause, possess the advantage of having noth- ing at stake; whom it is impossible to silence, and no credit to refute. The essay at the head of this article has appeared to us to jus- tify a departure from the general practice, and to form an excep- tion to the maxims to which we have alluded. It comes before the world, under the sanction of a journal, for which has been industriously claimed the recommendation of a name, to which none would pay a more cordial deference than ourselves. We have strong reasons, which will appear in the course of our re- marks, for hoping, as well as believing, that no sanction is due from that quarter, to the statements made and sentiments ex- pressed in the essay in question. We are willing, however, to testify our regard to the distinguished person who has been rep- resented as the conductor of the New Monthly Magazine, by a more particular notice than we should otherwise permit our- selves of remarks, which we are compelled to think not to be throughout deserving of his patronage. We do this the rather as the essay in question furnishes us with a convenient oppor- tunity of illustrating the mode of speaking and writing, with regard to this country, which still finds favor in England; of whicb, being itself expressly occupied in treating the subject, it must be allowed to be a fair example. 22 Lugland and ~merzca. [July, The essay in question professes to speak ofthe complaints in America against the British press; and the immediate topics of it are suggested by Air Walshs dppeal, and the review of that work in our own journal for April 1820. The spirit, in which this production is written may be estimated from the motives ascribed, in its first paragraph, to those American writers, who defend their country against the alleged injuries done her, by the English press. These are compendiously assumed to be the ambition of a self-sufficient and irritable author to create a bustle about himself, or if not that, a more expanded fretfulness in behalf of his country. We think that the imputation of such motives and feelings would come better at the end, than at the beginning of an article; and we see noth- ing to exempt it from the operation of the common law of con- struction, that promptly to ascribe mean and unworthy springs of action, proves nothing so certainly, as that he who makes the charge is himself obnoxious to it. This holds in all cases. But when one looks at the present case, and considers how much has been said to the disparagement of this country in England, in all quarters alike the low and the high; the number of low bred persons who have fled, some of them from the clutches of justice in their own country, to traverse and vilify ours, and whose slanders, by being incorporated into the most respectable literary journals, have acquired an import- ance, to which even the strongest complaisance in them would not otherwise have raised them; when one considers that from the correspondence of a minister of state down to the school- boys declamation, the English public has shown itself a too willing patron of abuse of America, we do think it somewhat unfair to speak of any reply on our part, however passion.. ate in itself, as irritable and fretful. Our press was long, very long silent; and did little but meekly reprint the calumnies, which were sent over to us, as our brethren at Edinburgh justly state, in another connexion, by the bale and the ship load. And now that Mr Walsh has thought proper to lay before the public a most ample refutation of most of these aspersions, and what probably constitutes the main indication of irrita- bility and fretfulness, an alarming offset and parallel to most of the dark shades, with which the English pencil has saddened the portrait of America; and now that we, in our humble capacity, have reviewed that work, in a style sinning, we are quite sure, far more by its temperance than its warmth, we 1821.111 England and .6Imeric~. hold it no strong trait of generous warfare, to give us no credit for better motives and a better spirit. Nor is the regret with which we notice this general want of liberality at all diminish- ed, by the particular allegations and statements of the writer of the essay. We hope it is not wholly our American sim- plicity, that makes us turn with something like disgust from charges of considerable exaggeration, and occasionally, we regret to observe, either direct falsehoods or suppressions that amount to falsehoods, made in the first instance against indi- viduals, who were entitled to that politeness at least, which is due to all of whom we speak by name. And when we add, what will not have escaped the readers of the essay in ques- tion, that these charges of falsehood and suppression want the only sanction which should have induced any one to make themthe sanction of a clear specification and distinct proof, we think we have given one good reason for doubting whether the essay be entitled to protection, as comm6 from the res- pectable source to which it has been ascribed. We know not but we shall expose ourselves to a repeti- tion of the charge of fretful and irritable retort; but being thus accused before the American and English public of direct falsehoods, or suppressions that amount to falsehoods, we shall ask our readers attention to one or two passages, which will show at least with what clearness of conscience the au- thor of this essay has cast the first stone. We can perceive, says he, from the tone of Mr Walshs book and of his Bos- ton reviewer, that they have taken up the affair, in a spirit far exceeding that of an ordinary literary quarrel. They have labored hard to impress upon ./Imerica, that she has become in this country the object of systematic hatred and contumely. This is distinct and tangible. We therefore ask our readers permission to repeat a few lines from our article, which is alluded to by this writer, and on which, as far as we are con- cerned, he rests his assertion. After having stated our opinion, that the praise and blame, alternately bestowed on America in England, have often had no other foundation in that country, than reasons of party annoyance, on the part of the ministry and opposition respectively, we add, meantime we, who like all honest people wish to be thought and spoken well of in the world, and are sorely perplexed with this pitiless pelting from all quarters, are too apt, it may be, to generalize on the suh- ject, and to suppose that there is a systematic and organized 24 England and ~1mersca. [July, hostility to us in England, when perhaps the symptoms, which seem to indicate such an hostility, may be more easily account- ed for.* We then proceed to find this account partly in the wish of the English government to discourage emigra- tion ; but still more in the fault finding spirit apt to infest not only English travellers in America, but all travellers in all countries. We particularly quote other instances of this, in the case of other nations, and we express the opinion, that much of what has found its way into the most respectable journals in England is to be laid to the personal account of the unknown individual writers. Nor is it, till after all these quali- fications, that we add the remark, that we do not wish to have it inferred that there is really no settled, regular hos- tility to America, in any portion of the English community. And we explain this portion to be the relics of the old anti- American party of the revolutionary age. Now after these statements and qualifications, in making which we certainly could not expect the approbation of a large portion of our readers who are disposed to carry much farther than we their conceptions of British hostility, it gives us no very exalted opinion of the candor of this writer, or of the conscientious- ness with which he deals out his charges of falsehood, to find him accusing us of labouring hard to impress upon America, that she has become in England the object of systematic ha- tred and contumely. But we hope to make this matter a little plainer, and settle one point at least in the controversy, viz: the discretion of this combatant. With the generality of our readers, saith he, it might indeed be sufficient to assert and to appeal to their own knowledge of the fact, that in this country America is the object of no such hatred or con- tempt; but as the Boston critic has boldly cited some exam- ples to the contrary, we may as well stop to examine how far his selection has been fortunate. He accordingly quotes, as one of the examples of systematic hatred and contempt, boldly cited by us, the article on America, in the sixty first number of the Edinburgh Review, an article which we on the contrary cite as an example of the very reverse, and on which we make this remark; many of the attacks made on us, especially in the journals of the opposition, may well be ascribed to the per- sonal feeling of the unknown individual who writes them, and North American Review, vol. x. p. 337. 1821] England and Ilmerica. 25 not to any supposed party, far less of the nation. Though this writer, therefore, did well to stop to examine how far our selection had been fortunate, he would have done better to stop longer, and be sure that he did not represent us as citing that for one purpose, which we cited for the very oppo- site. Though somewhat weary of pursuing this topic, we shall fur- nish a little further illustration of the principles of this writer, who calls persons by name, and charges them with falsehood. Here is praise enough, one should think, for national vanity of an ordinary appetite, but Mr Smith has had the arrogance to glance at two little facts,upon the first of which the Boston crit- ic seems particularly sore,the scantiness of their native litera- ture, and the institution of slavery, the greatest curse and stain upon a civilized community; and this foul proceeding on the part of the reverend reviewer has cancelled all the merit of his previous panegyric. Here are implied two facts, one that we shewed ourselves to be sore on the subject of the scanti- ness of the American literature; the second, that we took offence at the reviewer s allusion to the existence of slavery in this country. To these charges we have to reply, that in all our article there is no allusion whatever, to the subject of the scantiness of our national literature; there is no attempt made to explain, to deny, to palliate it; the topic is not glanced at. As to slavery, after proving that this great- est curse and stain upon a civilized community was intro- duced into America, while it was a colony of England, sup- ported here by the English government against the express petitions of the colonists, and checked by legal and constitu- tional provisions against the slave trade twenty and thirty years before the English abolition, our remarks had no further object, than to deplore the decision of the Missouri question made by Congress in 1820; remarks, for which we were duly censured, in the journals of the Southern States. We trust, moreover, that there are not many Englishmen who will deny the justice of the following observation made in the same con- nexion: As far as the reproach of holding slaves goes, Eng- land is as deeply involved in it as America; her colonies being all stocked with them, the fruits of their labours regularly sent home to old England, and their treatment no better, if as good, as in America. Whatever may be thought of this, we did not prepare ourselves to be accused ~s the champions Qf New Series, Na. 7. 4 2& . England and dmeruxt. f~JtAy, slavery, nor do we think such a charge reflects great credit on the discrimination of him who makes it. There are one or two other illustrations of the principles, on which this writer thinks it proper to conduct controversy, but we are satiated with these. We proceed to what is of far greater moment than himself or ourselves, that is, the real merits of the dispute between England and America, as far as they are touched in this essay. And here we shall pursue no close method, but take up the different points, as they are succes- sively suggested by this writer. The first then, which demands attention, is one of impor- tance. The author of this essay would persuade us, that the abuse, of which America complains on the part of England, is only a little harmless pleasantry. Did they never pass by one of our caricature shops, where kings and queens, minis- ters and oppositionists, judges and bishops, and every man, woman, and child, who has had the good fortune to be of suf- ficient celebrity for the purpose, are regularly gibbeted for the entertainment of a people, who consider one of their most glo- rious privileges to be that of laughing at their superiors? Here we are almost afraid to expose ourselves to the ridicule of making a reply. We are afraid that our brethren of the Eng- lish nationknown in either hemisphere for their modesty-~-. are making game of us vain Americans. It cannot be with any other design than that of extorting amusement from our credulous self-conceit, that we are bid to put the Edinburgh Review and the Quarterly Review, and Lord Grey and Mr Canning, on the level with the makers and venders of carica- tures, and our simple country on the height of kings and queens, judges and bishops; and that amidst all the charges rung upon us from grave to gay, from lively to severe, we must remember it is only a rude, boisterous populace, laughing at their superiors. If we may venture to he serious, we would say, that while this injustice to our country was really confin- ed to the low sources here pretended, a silence and disdain which they owed to themselves were maintained by the respect- able writers of this country. It was only when tourists, to whom grammar was a mystery and a decent coat a despaired- of treasure, who fled from the English bailiffs to America and back again from the American constables to England, it was only when this worthy class of travellers was espoused,-quoted, and believed, in the most respectable and honorable quarters, that we thought the quarrel werth taking up. 1821.11 England and arnerrea. And here having reluctantly surprised ourselves in alluding to Mr Fearon, who must be amazed to hear his name so often quoted in good company, we shall take the liberty of showing cause why we shall continue, not to be angry, against which the writer in the New Monthly Magazine warns us, but exceeding sorrowful, to have Lord Grey still appeal to him as a gentleman. This gentleman, we have been well informed, had been an apprentice to a Jewish stocking weaver in England, and received the highest character for his knowledge of ho- siery, from his worthy principal. The historical muse has hid in obscurity how long and patiently he toiled at the stocking loom and retailed its productions, by day, and lay down by night to enjoy that sleep that knits up the ravelled sleeve of care. His merit could not long confine itself to this humble sphere, and at the time of his sailing for America, he had actually risen to be a member, whether as a partner, or, as they call a clerk who goes round the country to solicit orders and collect debts, a traveller, (an appellation doubly appropriate to most of these gentlemen that visit us,) we know not, but in some capacity or other, he was actually a member of a very reputa- ble trading house on Ludgate hill. On the arrival of this gen- tleman in America, he applied for admission at a genteel boarding house in New York, and received, we presume, much the same answer that Anacharsis did at the door of Solon, that he had better go back to Scythia. Our gentleman, however, would not be put off; and when told that the apartments were all full, prayed to be taken into an attic, occupied by the menial servants of the house. It being thought, possibly, that he was an applicant for the office as well as the lodging, of the servants, he was admitted into this same garret. What furni- ture he found there we know not, as we have only his own account, and how far that can be trusted our readers will judge by his adding, that he paid something more than four guineas a week! This we think will satisfy our readers as to the gentility of Mr Fearon, if it be any part of a gentlemans vocation not to take up with lodging in garrets, nor to bear false witness against his neighbour. But we really thought we went on safe ground, in the present case; and confess our- selves to have been a little confirmed in our idea of Mr Fea- rons pretensions to gentilitywhich after all is a much less essential quality than veracity, to which we trust he does not even lay claimby an authority which, if we mistake not, England and ~/linerica~ [July, stands high in the estimation of the writer in the New Monthly Magazine. A certain most respectable literary journal for the months of January and April, 1819, spoke of forty families resident, we believe, in the neighbourhood of Southwark, on whom to transfer their allegiance and their affections to an-. other government, sits as lightly, as to remove, in the fashion-. able season, from the ward of Farringdon without, to Margate or Rotting Dean. And this worthy community, continues the same document, selected and sent out Mr Henry Fearon to the United States, to explore the way before them, and to prepare for their own emigration.* Now we profess our little familiarity with the topography of London. We are so un- informed in this department, as not to know even the bear- mgs of Farringdon within, far less of that, which is without; and as for Rotting Dean, it is terra incognita to us. By the time our country has sent to England a few such travellers as England is daily sending to us, we doubt not we shall be made better acquainted with these points of geography. Though, however, we know little of them, there is a certain sound in their names, and a lurking sneer in the air, with which our brethren of the Quarterly pronounce them, which lead us mainly to fear that they are notto speak safely-.the central abodes of British gentility. If we may trust~a kind of instinct in such things, there is a misgiving in our minds that Farring-. don without is not the first region, in which a countess in her own right would fix her abode, and that Rotting Dean after all, even in the fashionable season, is one thing, and Brighton an- other. And yet these are the seats of the forty families, whose ambassador is before us, in the person of Mr Fearon. What, says Pope, must be the priest where a monkey is the god? If such were the principals, what must have been the agent? That nothing moreover might be wanting to establish us in this, we had Mr Cobbetts testimony in confirmation of that of the Quarterly Review; and he must be a surly skeptic indeed who would doubt the only proposition, in which we suppose these two authorities ever concurred. The next topic, which offers itself to us, is suggested in the following sentence. Surely a moments reflection might have shown them that, on such occasions, silence and good humour are the only effectual weapons of defence, and that no wise and sober American should feel serious alarm for the charac- Qtiarter~y Review, vol. xxi, p. 125. 1821.1 England and .~1merica. 29 ter and dignity of his nation, even though a Scotch critic should make unreasonably light of Mr Joel Barlows inspira- tion, or because Mr Sydney Smiths pen, in an hour of thoughtless gaiety, addressed some words of friendly admoni- tion to the United States of America, under th~ homely appel- lation of Jonathan. Now the objections we make to this insinuation, trifling as it is in itself, are, that it betrays a total ignorance of the real state of facts, on an important subject, which it professes to explain. Nothing is more notorious than that the Columbiad of Barlow, or of Mr Joel Barlow, for we perceive that this unlucky Old Testament name is no small part of the joke to our brethren abroad, nothing is more noto- rious, than that Barlows Columbiad has ever been regarded by the judicious public of the United States, as a total failure; that it has been little read and less liked; and that on its ap- pearance the critical journals of this country handled it quite as severely, if not as wittily, as those on the banks of the Thames or of the Forth. Had those, who accuse us or sus- pect us of feeling sore on the subject of the Columbiad, done us the favor to ascertain the real feeling of the intelligent portion of the American community, they would have found that no annoyance could ever be felt, but at the suspicion of being champions and patrons of the work; and that every Ameri- can, solicitous for the repute in which the taste of his country would be held abroad, was afflicted that so unhappy a speci- men of it should have appeared, with such typographical splendor, and with the air of a national work. So too of the multitude of new and worthless words, which were fabri- cated by the author of that poem. We can safely chal- lenge all the critics and purists in England to produce criti- cisms more unsparing upon them, than those which teemed from the presses of this country. Nor do we confine our remarks to the coinage of Mr Barlow. The persecution of Americanisms at large has no where in Great Britain been pursued with as much keenness, as in this neighbourhood. We have in our view now a most learned individual of our Commonwealth, whose life has been devoted to the study of the English language in its sources, and whose success in these researches we believe to admit of honorable comparison with those of his most respectable colleagues abroad, who from his indiscreet haste of innovation and his patronage of sundry provincial terms, has found no favour, we had almost said no 30 England and ./lmemca.. [July, mercy among those of his countrymen best able to do justice to his acquisitions. And yet American scholars are charged with patronising the innovations of Barlow. The best written part of the essay before us is upon the state of the English language in America. We explained our views on this subject in our review of Mr Walshs work, and the writer in question suggests nothing, which calls on us to correct them. We stated then, and we repeat now, that, on the whole, the English language is better spoken here than in Ei~igland. We do not wish to be misunderstood; though we shall doubtless be misrepresented. We did not affect to say, that the English language was better spoken by well educated individuals in America than by well educated individuals in England; but we sufficiently explained ourselves as maintain- mg that the corruption of the language has gone so far in no part of America, as in the heart of the English counties. As to the specimens of the pretended American dialect found in such writers as Mr Fearon, we doubt not the populace of Boston, New York, and Philadelphia may speak basely enough, and we cheerfully concede to Mr Fearon a degree of intimacy in the porter-houses and oyster-boats of those cities, which enables him to speak to this point, with far more confidence than ourselves. We pity, however, any fair mind- ed Englishman, who can suppose for a moment that there is any truth in all his dialogues and conversations; and whose knowledge of human nature, if nothing else, does not teach him, that they are wretched fabrications, compiled from a few local observations among such associates, as an ordinary for- eigner falls in with. Whence should we learn our bad English? We are derided and taunted with our dependence on the English press. We are scorned for the poverty of our own lite- rature. It is well known that our childrens books are English; that many of our text books at the colleges are English; that our standard professional works are English; that we reprint every English work of merit before it is dry from the English press; that our stage is supplied..-miserably supplied too, in all the modern drama.from England; that the English ver- sion of the Scriptures, from which the majority of our corn- munity imbihes by far the greater part of its English, is vene- rated as much here as in England; that Byron, and Campbell, and Southey, and Scott, are as familiar to us as to their coun- trymen ; that we receive the first sheets ofthe new novel,~ 1821.) iF~ng1and and ./bnertca. 31 before the last are thrown off in Edinburgh: and how is it possible then that we should not speak good English? Moreover, as to the standard of the language, the writer, on whom we are remarking, very justly says, that when we speak of the period, at which a language hecomes fixed, we seldom annex a very definite or accurate meaning to the expression; and he proceeds correctly to state, that the period, in which a language is fixed, is that in which its best writers flourish; and of course not to be ascertained by contemporaries, who cannot tell that better may not arise, than any who have gone before. Had this judicious conception always regulated the English critics, who have exercised themselves on Americanisms, they would have spared themselves much trouble. They would not have been at the pains of turning over the leaves of their Johnsons Dictionary to see if a word were there, and if they found it not, of branding it as an Americanism. But consider- ing that language is a fluctuating thing, never stable, but con-~ stantly on the improvement or decline, or at any rate changing, they would have asked, whether it were not possible that a good and useful word brought to America by its first settlers, and of approved use in their day, might not have survived on this side of the water, while it was lost on the English side; and if so, whether we or they, in respect to said word; have done the language most harm. Again, they would have con- sidered whether a few such words as congressional, of, or be- longing to a body of representatives equally chosen by the people, a sort of body, we believe, unknown in England; or pre~idential, of, or belonging to a chief magistrate ruling by the consent of the people, an idea also not familiar to the old world,whether a few such terms, forced upon us by the pe- culiarity of our institutions, really furnish any ground for the charge of corrupting the language. Though we assent to the doctrines on the subject of language which this writer holds, and will not allow ourselves, even by his positive asser- tion, to be put on the other side of the question, and made the champions of any new fangled dialect whatever; yet he errs in one thing, in saying that it is only by the great writers that any authoritative and permanent innovations can be made. The great writers like the small ones are much in the condi- tion of Augustus, and make far fewer alterations, than might at first be thought. With some improvement, with the intro- duction of a few terms from a foreign or learned tongue, ~32 England and dmerica~ [July, with a little more regularity perhaps than the common par- lance observes, they must write the prevailing dialect of the day. They record the innovations, which time and political causes have produced. Who were the great writers between Homer and the Attic dramatists, that converted the language from the lonian to the Attic dialect? Who were the great writers that translated the Latin of the Salian Songs into that of Plautus? Who were the great writers that formed that illustrious vulgar tongue, of which Dante speaks, which he did not make, but found; and who were the great writers that transformed the Saxon of King Alfred into the English of Chau- cer? It is a well known fact, that a written literature does not hasten, but delays these innovations, and that new lan- guages almost spring up in barbarous tribes, among which there is no writing, in the time that it takes to produce a little change of orthography, in the language of a writing and read- ing community. We, it is true, have gone through great and wonderful political changes since the settlement of our coun- try. It would have been natural that the human mind, trans- planted to such new and untried scenes of action, should have moulded more to its new purposes and wants, this most flexible instrument of its will. But we have been fast anchored to the rock of English literature. There has never been a period, in which this did not constitute the far greater part of our intel- lectual aliment; and if any proof were wanted of the fact, it would be this, that a thousand leagues across the water as we are, the language has been going through the same changes on both sides the ocean. With the exception of some half dozen words, which have been preserved here and are obso- lete there, and perhaps as many more of which the reverse holds, the sympathy kept up by means of the press has been so entire and perfect, that even down to cant words, and those indefinable shades of meaning which play on the top of social intercourse, and find their way into no book but of the most light and ephemeral cast, there is still an identity in the lan- guage. No one able to make the comparison can or will deny this. To charge us therefore with affecting a new language, we must needs repeat it, is a calumny; to charge us with actu- ally writing or speaking a corrupt dialect is equally so. And we should be glad to know with what reason the peculiarities of individual American writers, industriously culled and exag~ gerated, furnish any better ground for a charge of corruption 1821.] England and ..dinertca. against the language generally prevailing here, than similar peculiarities in English writers, for a similar accusation against the purity of the tongue as written and spoken in England. We presume that the press set up by the American mission- aries in the Sandwich Islands will furnish a good deal better English, than Mr Benthams Church-of-Englandism, and we protest our inability to see why we should, as Americans, be made to answer for Mr Barlows new words, any more than the English public for Mr Benthams. We come now to a character, which this writer thinks fit to attribute to the large majority of American -travellers in Eu- rope, whom from personal observation he undertakes to say are vulgar, vain, and boisterous; of common place and limited aequirements, whose conversation is made up of violent decla- mations against slavery, [s1meric~ monarchy,] and as loud assertions of the superiority of America, over all the countries of the globe. Now we presume the writer would not under- take to speak from personal acquaintance, as he does, of any but those whom he had actually had the misfortune to know; and if it is really true, that the great majority of American travellers whom he ha~ known are of this sorry description, he has been more unlucky in the choice of his company, than commonly happens to a man, by no fault of his own. An occasional acquaintance of no very agreeable cast may now and then be forced upon one, and hospitality is sometimes put to severe exercises, by an unjustifiable facility of obtaining iptro- ductions. But where the large majority of a mans acquaint- ance, with any class of men, coi~sists of the vulgar, vain, and boisterous, it is apt to awaken a suspicion of his own fine qualities. There is another unfortunate hint in the descrip- tion given by this writer of a better sort of American travel- lers, of whom he has had the good fortune to know several; a hint which convinces us that this whole discrimination is imaginary, and that he is really in total ignorance of the opin- ions, which Americans carry to England, form there, or bring back. He says, that among the American travellers he has known, were several, who might be compared with the best specimens of the best classes of any community, that can be namedaccomplished gentlemen and scholars, who had cross- ed the seas for the honorable purpose of enlarging their views, and travelling down their prejudices, & c. It is this last clause, on which we propose to remark; but would first observe, that .TVew Series, .TVo. 7. 5 34 England and dmersca. [July, the passage we have cited, if sincerely meant, goes well nigh to refute all that has ever been said in England against Amer- ica, and much that is asserted by this writer, in the sequel of his observations. What, accomplished gentlemen and schol- ars, who might be compared with the best specimens of the best classes in England !~Where born, where bred, where educated? In America? In Mr Bristeds America; in Mr Fearons America ?Gentlemen, in that country where the emigrant is told that he must live in loneliness, dejection, and despair, with the certainty of receiving at last, the burial of a dog, and the memorial of a ditch, or puddle ?Scholars, from a country, where they speak the nauseous ribaldry quoted from Fearon, by his Reviewers? Persons to be compared with the best specimens of English society from that country, where there is a total absence of early religious education; from a country yet in its infancy? Is this agreeable to the nature of human things; and would not the appearance of one, or two, or three such persons as are described, prove the falsehood of the common pictures of America, to the satisfac- tion of any one, who considers that manners are not formed by the individual, but caught from the circle around, and that education is derived from institutions implying public support and public resort? But we proposed to show that this writer speaks without information on the topic, and that, alike where he praises as where he condemns. He mentions die travelling down of prejudices, as one of the characteristics of respectable American travellers. From the connexion in which this remark is made, it is fair to conclude that it was intended to refer to extravagant republican and anti-Britannic prejudices, and that it is these, that the intelligent Americans travel down in England. On this head, we shall but state the fact, and leave the inference to be made by our readers. It is well known, that, till the close of the late war, a strong partiality for the English name and character was felt by one portion of the American community; a portion which yielded to none other, in any kind of respectability. It is no part of our purpose here to inquire into the grounds of this partiality. We think them to have been natural, nay honorable. It is equally true, that since the late war, this feeling has been declining; a fact equally notorious, but also not one, which we are con- cerned now to explain. There is no part of America from which more persons, in proportion to the population, have 1821.] England and .~1mertca. 35 of late years visited Europe, than that which was also the centre of this warm British feeling; and the majority of those who went abroad may therefore fairly be presumed to have carried this prejudice in favor of England with them. We hope moreover that this fact will make the writer in the New Monthly Magazine willing to find among them a fair propor~ tion of his better class of American travellers. And yet it is a fact, of which no one this side the water needs the proof, that almost without exception, those, who have gone abroad with the warmest zeal for every thing which bore the British name, have come back with moderated feelings. Our mem- ory scarce supplies an instance of an individual, of conse- quence enough to have his opinions known, who has not been cured of the Anglo-mania, if he had it, by going to England. The prejudice they have travelled down has been the insen- sibility to the worth of their own happy country, and an ex- aggerated estimate of European superiority. The causes of this have been chiefly two. The one is the old cause,presentia minuit famam, and the discovery that with all the glory, wealth, and strength of England, all the public magnificence and private comfort, all the noble institutions, the venerable characters, the hearty hospitality which command the respect, admiration, or gratitude of the traveller, there are defects of which he had formed no adequate conception, and which show that things are severely balanced in the system of Prov- idence. But there is another cause and one far more opera- tive, why the partiality which an American traveller carries to England is diminished there: and we quote it with the simple design of corroborating the statement, that justice is not done us in that country. It is this,when an American goes to England he leaves his party politics behind him; he is no longer a friend of England or a friend of France, but he is an American; and he is exhausted with finding the most absurd misrepresentations of his country credited, and the ignorance which prevails with regard to us, equalled only by the positiveness of those who labor under it. Now a man must have a constitution which we are sure no high spirited Englishman would for a moment approve, who could be so brib- ed and soothed by private courtesies and personal hospitality, however kind and hearty, and no where in Europe are these so kind and hearty as in England, as to be reconciled to this estimation in which his country is held, and ever has been 36 England and dmerica. [July, held, to this contumely with which she is too often treat- ed. Accordingly it is a fact, exceedingly notorious, that the warm attachment to England carried to that country by many of the most respectable Americans, who have visited it, has been much diminished on their return. If there be ex- ceptions to this, they are but exceptions. And no single circumstance not of greater consequence, is a matter of more familiar observation, than that a voyage to England is the sovereign remedy for an excessive attachment to that country. Philosophical and candid minds will of course prevent this from running to the opposite extreme. They will not allow the estimation, in which they hold the land of their fathers, the land from which they derive their language, their laws, and their manners, to be permanently affected by the unkind- ness or injustice with which America is treated in England. They do not allow that England and the great treasure of its~ illustrious names belong so exclusively to the present gen- eration of men, that we, whose fathers were Englishmen and in whose country English principles of liberty have taken deeper root and produced finer fruit than they have done in their own soil, are not entitled to our full share of the inher- itance. But we repeat the assertion, that if, among the pre- judices of intelligent and liberal Americans, alluded to by this writer, coolness to England is to be reckoned, for one in- stance where this prejudice is travelled down, we are acquaint- ed with ten, where it is travelled up ;and that in general, it is only on his return to his native land, and by studious ab- stinence from the vehicles of aspersion, and by dispassionate weighing of the great merits of the English character, and fond gazing on the bright spots in their history, that the best dis- posed American becomes able at last again to say, England, with all thy faults, I love thee still. The next subject of remark, which is suggested to us, is treated in a series of sentences pleasant enough in themselves, and which, if meant only as pleasantry, would have called for no reply from us, as containing a charge against the American character. If, however, any thing serious is intended, as we presume, from the pains which the writer is at, to ring the changes on one idea, through a page or more of his essay, then we would rejoin, that to one half of his charge there is no foundation in fact, and that what is true of it, instead of being, 1821] England and 4merica. 37 as he designs it, a matter of ridicule and reproach, reflects nothing but honor on our country. We quote for the edifica- tion of our readers a part of the passage in question. This irritable and exaggerated self love arises from a striking peculiarity in the foundation of an Americans national vanity. Other nations boast of what the are or have beenbut a true citizen of the United States exalts his head to the skies, in the contemplation of the FUTURE grandeur of his country. With him, the pride of pedigree is reversed. Others claim respect and honor, through a line of renowned ancestors; an American glories in the achievements of a distant posterity. Others appeal to history; an American to prophecy. The latter modestly calls on us to discount his predictions, and, on no better security, to hand him over the full amount of ready praise. His visions are like those of the Trojan prince in Elysium, gazing with anticipated rapture on the passing forms of his illustrious descendants. You must beware how you speak of a worthy native of Kentucky, as the son of a respectable planter. No, nO~ you dont catch the thing at all. He is to be considered and duly venerated as the great grandfather of some immortal warrior, legislator, or poet. This system of raising a fictitious capital of renown, which his posteri- ty is to pay off (an invention much resembling our financial anti- cipations) is the secret of an Americans extraordinary preten.. sions, and of his soreness when they are not allowed. With Malthus in one hand, and a map of the back settlements in the other, he boldly defies us with a comparison of America, as she is to be, and chuckles with precocious exultation over the splendors which the geometrical ratio is to shed upon her story. This appeal to the future is his never failing resource. If an English traveller complains of their inns, and hints his dislike to sleeping three or four in a bed, first he is a calumniator; and next he is~ advised to suspend his opinion of the matter, until another cen- tury shall demonstrate the superiority of their accommodations. So in matters of literature and science, if Shak~peare, and Mil~ ton, and Newton be named, we are told to wait till these few millions of acres be cleared, when we shall have idle time to attend to other things, only wait till the year 1900 or 2000 and then the world shall see how much nobler our poets, and pro- founder our astronomers and longer our telescopes than that de- crepid old atmosphere of yours could produce. This is very pleasant. We are not sure that it is meant for any thing more, and with pleasantry no one is ill-natured enough to enter strictly into judgment. If, however, the wri- ter means to be believed for a moment as speaking truthr 38 England and .llmerica. [July, when he hints that Shakspeare, and Milton, and Newton are not prized in America as they are in England, and especially if in marking his last sentence in inverted commas, he means to have it understood that he has found that passage in any American authority, then we take leave to say that his remark borders hard upon that species of fiction, which is not thought particularly becoming a man of veracity; and instead of being in any degree borrowed from American writers, is an ampli.. fication, neither very ingenious nor very neat, of a passage in an Edinburgh Review on the subject of our country. As for the rest it is of course mere caricature. There is hardly as much justice in it, as there would be in the following humble parody. The characteristic vanity of the English nation springs from an extraordinary and unusual source. Other nations boast of what they are or hope, in the natural progress of things, to be; an Englishmen boasts of glories which are faded, and ages which are gone by. For tbat natural com- placence, which a man has a right to feel, in the fruit of his own labors, the success of his own efforts, and the happy con- sequences of institutions, to the formation of which he has him- self contributed, a Briton carries you back to an ancestry, from which he has degenerated, and to an inheritance which he has squandered and lost. He suspends his habeas corpus, and tells you he is the champion of liberty, because Hampden would not pay the ship money, and he turns out his dragoons on an unarmed populace, and quotes you the glorious provisions of the bill of rights. Others appeal to futurity, and rejoice in the train of blessings, of which they have done all they can to insure the succession; an Englishmans glories are laid up in the records of the heralds office, and he goes to the antiquary and the historian for something to be proud of. An American bids you look at the rulers, which he has chosen to rule over him, and who will therefore consult his welfare; a Briton re- minds you of the brave barons of Runnymede. Other nations in decline assume a grave and chastised manner, and say little of glory or greatness; an Englishman tells you of the days when his highness in his infancy wascrowned in Paris. Ad- dress a thriving citizen of Abergele by the title of mister, and he will tell you the glorious tale of the Morva Rudlan, or lead you back to the illustrious era of Caractacus. Other nations boast of the literature they have or the taste which is maturing among them; an Englishman, with OKeefe and Reynolds on 1821] England and ./lmerrca. 39 his stage, will talk to you of Shakspeare and Johnson, and bid you crown him with bays, because his great grandfather could remember the Augustan age. An Americans heart di.~ - lates at the prospect of the glorious career before him, which he and his children are to travel; an Englishman looks up to the summits from which be has descended, and tells you how high they be. The visions of other nations are like Berecynthias on Olympus, Who sees around her, in the blest abode A hundred sons and every son a god, but an Englishman goes down to the shades, and evokes the dark and misty spirits of the ages that were. In all this and much more, which the ingenious hints of the New Monthly Magazine might suggest, we honestly profess there is not the shadow of justice, and we feel almost ashamed of ourselves for indulging in it. We mean it as a pendant for his own absurd picture of American vanity. One thing we ought to thank him for, could we possibly believe that it did not pro- ceed from oversight. In saying that our vanity is prospec- tive, that other nations boast of what they are or have been% but we of our future grandeur, he acquits us of voluminous charges of vanity and self-conceit, with which the writings of his countrymen abound. He acquits us of any exultation, at having been the first to exhibit to the world a true model of representative government, of having set the example to man- kind of an equal deputation of power in the compound ratio of property and numbers, a principle no more exemplified in the British parliament than in the Turkish divan; he exone- rates us from all conceit at the compliments paid by Mr Burke to the enterprize of our citizens, and by Lord Chatham to the wisdom and skill of our statesmen; with all our exag- gerated self-love, he acknowledges that we bear meekly the glory of having with most disproportioned means successfully withstood the force of the British Empire, and raised our- selves from the degradation of colonies to a level with the most powerful nations of the earth; he grants that we demand no credit for Franklin and Washington, whose names, says Herder, are those, by which the eighteenth century will be quoted; he gives the lie to all the tales, which have circulated in octavo and quarto, of our being vain of the naval achieve- ments of the late war; and though before the close of his remarks, he forgets himself, and tells us that America is do England and .1/merica. 40 [July, ing wonders, and gives us credit for the formation of- a great empire, resembling in its best points the best times of Great Britain; he acquits us of all vanity and seif-gratulation on this flattering score, and gives us credit for the extraordinary self- denial of appealing to prophecy, and demanding a discount of ready praise for what our posterity are to do in the year 2000. Now if the writer is sincere, we really think that his charge of irritable and exaggerated self-love is badly made out; that he cannot expect to be believed, when he accuses us of vanity and self-sufficiency; and that he would have better consulted the interests of his argument, to take care how his ~Ieasantry bore upon his logic. But to argue this point of boasting a little closer, we are not sure, upon the whole, that we Americans have not the better side of the question, even in our writers own grotesqtkie pic- ture. He tells us that while others appeal to history, we appeal to prophecy, and that while an Englishman boasts of his grandfather, an American boasts of his grandchildren. Mere boasting is no very reputable practice on any score, even that of personal merit; and the true notion we apprehend to be, to abstain from it altogether, even in reference to ex- cellences, Which a man may think he possesses himself. This is peculiarly true of national boasting, or what the rhetoricians call jactatio reipublicce eausa, because it is ten to one that the man, who takes on himself to be the organ of his countrymen on these occasions, shall be the last in the community entitled to any credit for the alleged excellence. It has hut a sorry appearance to see a stupid, common-place, selfish American or Englishman boasting of their Pitts or their Hamiltons, and taking a portion of credit to themselves for talents, they do not share, ~tnd for actions they did not accomplish. ,But inasmtrch as merit is personal, and all self-complacency, if excusable at all, is so in proportion as it proceeds from7personal merit, we do hold, with all submission, that to boast of our posterity is more rational than to boast of our ancestors, nay of our- selves. What our nation has been, and, in a good degree, what it is, are beyond our control. To our fathers glory we contributed nothing; and our own institutions, at least in the old countries, do our wisdom and virtue no more credit than the beautifularchitecture of a house, built a hundred years before we were born, does our taste. But what our children and posterity will be depends mainly on us. If we hand 18214 England and .Imeric~z. 41 them down an inheritance unburdened with debt, and with dangerous precedents of power encroaching on right; if w~ abstain from the sacrifice of our childrens happiness to our own ease; if we so administer the republic that those who come after us shall bless our memory; if, disdaining temporary cx- pedients, we can lay claim to the credit of having left the law unincumbered and sovereign, and the practice sound and faith.. ful, and of having laid up more examples to be imitated than errors to be amended, then we think it quite fair, quite natural to appeal to posterity; then we think we have a right to make a prophetic boast, and that the assurance that some good is likely to come out of what we have done or forborne is a bet-~ ter ground of complacence, than the benefits we have receiv-~ ed from our ancestors. It is true the future glory is uncertain, the past is sure: but it is also as sure that the credit of it be- longs not to us; and we cannot be so faithless in transmitting our institutions to our descendants, but after all, we imagine we shall do as much for them, as any nation has done for its an- cestors. We suppose our writer will set it down to our republican prejudices, and quote it as an instance, that mon.. archy reads .dmeric~ slavery. Yet we always thought that Marius had the better of this argument, and we beg leave to say with him, Nunc videte quam iniqui sint. Quod cx aliena virtute sibi arrogant, id mihi ex mea non concedunt; silicet quia imagines non habeo, et quia mihi nobilitas nova est, quarn certe peperisse melius est, quam receptam corrupisse. But we would not have it thought, from this quotation or any other remark we have made, that we allow ourselves to be carried beyond the bounds of justice and of our own opinion, by a foolish extravagance of retorting. We do not wish to say that we look upon the English nation, as in a state of decline. There are certainly considerable evils in the state of the coun- try. A high authority pronounces the poor rates an evil, which can neither be remedied nor borne, and another autho- rity on the other side equally high, says the corruption of par.. liament has reached a ruinous point; while the national debt exceeds, by nearly ten times, the amount which Hume declar.. ed must produce a bankruptcy. With all this, we believe, we certainly hope, that England will long survive, and exert her present preponderance in the world. Not certainly that we think her influence always brought into action as it ought to be, but because we see not the spot on the map of Europe, to .TV~ew & rier, .TVQ. 7. 6 Vugland and ./irnerica. [July which it could be safely transferred; and because we lool~ upon ourselves to be quite too immature, to engage with prudence, in European politics. England, moreover, has a tower of strength, a great depository of moral and physical power, in her numerous orderly, intelligent, middling class, which the corruptions, that exist in the two extremes of so- ciety, have as yet scarcely touched. And ages we trust will pass by, before the happy abodes of this virtuous community, will feel the overwhelming power of political and moral de- generacy and corruption. We wish this for the sake of humanity, order, and peace abroad, of which the English char.b acter is certainly the great assurance. Still, however, and it is a topic which for its gravity ought scarcely to find its place in a connexion with our foregoing remarks, we suppose that noth- ing exempts England from the fate of kingdoms and empires, and that the thousand years which she has stood on the list of the great nations of the earth, must bear some assignable pro- portion to the period allotte& her in the book of providence. We on the contrary are, if this writer pleases, in our infancy; at any rate quite unprepared to hold the scales of European politics. The influence we are to exert upon them hereafter, is a matter of momentous interest, and we think the happiness of the civilized world essentially involved in the turn, which our institutions and character take. It is for these therefore, that our politicians and statesmen ought to labor. Blest with a form of government and a state of society, which~ do not task to the uttermost all the energies of the state to keep the fabric together, it becomes our enlightened men to look to the future, to build for other times, to fit well together the parts of this great machine, so that the hour shall be long de- ferred when an ominous crashing shall be heard deep within the enginery, where none can venture in to repair it. We would revert a moment to another topic of reproach, to which more than one allusion is made by this writer, we mean that of the existence of slavery in this country; a subject. which we have already touched. He bids us make no fine speeches of freedom while a slave contaminates our soil, and something like this was said by our brethren at Edinburgh about the extraordinary incongruity of our principles and practice, in that the clanking of chains and the sound of the scourge are heard beneath the walls of our Congress. Now we certainly shall not allow ourselves to be betrayed into a defence of 1821.] England and america. 43 slavery either by unjust taunts from abroad, or the desire of favor at home. No one defends it, no one approves it. But if these remarks of the English writers are intended to convey a reproach, that reproach is, that we tolerate a slavery, of which we could rid ourselves if we would. And if they lay claim to the character of candid men, if they wish to be thought competent and fair judges of hard questions of politi- cal economy, we would ask them by any effort of imagination or any device of wisdom, to contrive a reasonable, practicable plan of eradicating negro slavery from this country, or any country where it exists. If they can devise no such plan, and the evil is without remedy, then we would ask the candid Censor morum in England, who may wish to pass judgment on us for this, to reflect a moment how and when this evil came upon us, and on the comparative merits of the British and American governments in regard to slavery in this country. This is one point; another is the actual state of England in regard to slavery. We are bid to make no fine speeches about slavery, while a slave contaminates our soil. Truly whose soil then is Jamaica, and whose is Tobago, and whose is Barbadoes, and whose are all the isles? But they are distant colonies, you reply, they touch nQt England; not so much as by an isthmus. But are they not English soil, owned by Eng- lish proprietors, governed by English laws, cultivated on Eng- lish account; and do not the sugar, and the rum, go straight to London, and furnish the wherewithal for English luxury? We should be glad to see, if slavery is stamped deeper and blacker on a bale of cotton or a hogshead of tobacco, than on a puncheon of rum or a box of sugar; and if providence should enter into judgment with the civilized world for this offence, we would fain know whether Bristol and Liverpool would be last visited; and if assiento would be the word, which would stand lowest on the accusing angels book. Besides, we beg leave to inquire of those who read us our condemnation on this score, whether the law of slavery in England, even as it respects England herself, is such as to fur.~ nish great cause for exultation. So late as 5 Will, and Mar. it was held in the English court of Common Pleas, that a man might have a property in a negro boy, and might bring an action of trover for him~ because negroes are heathens.* Nor * 1 Ld. flaymond, 147. In I Blackstone, 425. Waits ed. 44 England ~and .ilineriea. [July, does the matter stand much more fairly, in the famous case of the negro Somerset, which is considered as having settled the law of England on slavery. This case is briefly reported in the eleventh volume of the State Trials with Mr Hargraves argument in full, and given in Lofts Reports with the judg- ment of the court. James Somerset had been made a slave in Africa and was sold there. lie was carried from Africa to Virginia, where he was bought by Charles Steuart, esq. ~nd by him brought to England. Here he r~n away from his mas- ter, who however recovered him, and confined him in irons on board a vessel, to be sent to Jamaica and sold as a slave. While he was thus confined, Lord Mansfield granted a habeas. corpus, ordering the captain of the ship to bring up the body of James Somerset, with the cause of his detainer. The above mentioned circumstances were stated on the return of the writ, and after much learned discussion in the court of Kings Bench, the court were unanimously of opinion that the return was insufficient, and that Somerset ought to be dis- charged. Lord Mansfield, however, gave his judgment dis.~ charging Somerset, with the greatest hesitation and reluctance, alleging great inconvenience on both sides of the question, and stating distinctly that a contract for sale of a slave is good in England: the sale is a matter, to which the law readily and properly attaches and will maintain the price, according to the agreement. But here the person of the slave himself imme~~ diately is the object of inquiry; which makes a very material difference. The present question is, whether any dominion, authority, or coercion can be exercised in this country on a slave according to the American laws, [that is, the British Colonial Laws.] The difficulty of adopting the relation, with.. out adopting it in all its consequences, is indeed extreme, and yet many of those consequences are absolutely contrary to the municipal law of England. For aught that appears to the contrary, Lord Mansfield here teaches, that it is the illegal acts of coercion and dominion over the slave, which were contrary to the English municipal law; and had Mr Steuart, instead of pursuing and confining his slave himself, appealed to the magistrate to protect him in the enjoyment of the fruits of the legal contract, by which he had purchased the slave, the magistrate would have protected him. Jo consequence of the inconvenience and embarrass.. ment of the case, the parties were advised by Lord Naffs 1821.] England and .tlmericz. 45 field, to compromise the matter; and the cause was ordered to stand over for this purpose. But a decision being demand- ed, it was delivered at the next term, by Lord Mansfield, in the same hesitating style, in which the remarks just quoted are made. He first observes, that the court pay all due atten- tion to the opinion of Sir P. Yorke and lord chief justice Tab. hot, whereby they pledged themselves to the British planters for all the legal consequences of slaves coming over to this kingdom or being baptized; recognised by Lord Hardwicke, sitting as chancellor Oct. 19, 1749, that trover would lie: that a notion prevailed that if a negro came over or became a chris- tian, he was emancipated, but there is no ground in law for this notion: that he and lord Talbot, when attorney and solic- itor general, were of opinion that no such claim forfreedom was valid, ~c. He finally rests his judgment on the want of an express English statute, and in the following terms: So high an act of dominion must be recognized, by the law of the country where it is used, The state of slavery is of such a nature, that it is incapable of being introduced on any reasons moral or political, but only positive law, which preserves its force long after the reasons, occasions, and time itself, from whence it was created, is erased from memory, & c. This is very well; but if we take it on trust from Lord Mansfield, that the English law would still enforce a contract of sale of a slave, and if we consider that a slave who should sue out his liberty and obtain it, would still have no allow.. ance for past services ;* if we remember that the abolition of the trade certainly was carried in the English parliament, by a different process from that of acclamation, and above all that perhaps as many slaves are at this moment held in bon- dage by the arm of the English power, as by that of any other nation; we think it somewhat indiscreet inEnglishmen to speak of our soil as contaminated by slavery, or to make any fine speeches about universal emancipation. When it is said, that the air of England is too pure for a slave, it means merely that tobacco and cotton, sugar and coffee, will not grow in Norfolk; not that when an island, where they will grow falls In 3 Espinasse N. P. Reports, p. 3, is the case of Alfred ~s. the Mar- quis of Fitz.James, a88um~8t for servants wages. Plaintiff proved the time he had served, and relied on a quantum meruit. Lord Kenyon deter- mined that unless there was an agreement for wages during the time of his service in England, the negro could recover none. coopers Institutes, 478 ii. 46 England and dmerica. [July, into British possession, there is any scruple felt in resorting to the labor of slaves. But we are anxious to close our article, which we do not send to the press without some reluctance. A reperusal of the observations, to which we have been replying, has furnish- ed us with no reason to think, that they had any other object than that of surprising assent, by a few candid remarks, to many sneering and some calumnious ones. Of all modes of warfare conducted by that potent instrument, the pen, we are constrained to look upon the practice of masking a tissue of unfriendly, sneering, and injurious reflections, by a few gener- al compliments, as one of the least ingenuous; and are sorry to see it thought so clever, by our brethren abroad. Tho present writer accuses us of an inordinate appetite for praise; but we think it must be an appetite ravening indeed, which can swallow praise, with such poisonous condiments as this Should these and the preceding observations chance to fall under the eye of an American, he may perhaps imagine, that we too have been indulging in offensive animadversions upon his nation; but we sincerely assure him, that we have no intention to offend. We think that America is doing wonders, and we most heartily congratulate her. We cannot f~r an instant doubt that the formation of a great empire, resembling in its best points the best times of Great Britain, must prove an auspicious era in the history of the human race. A community provided with ample resources against an endless increase of members, and enjoying a free bar, a free senate, and a free press, if true to herself, must do great things. But America is yet in her infancy; and must not, like a froward child, born to a great estate and the dupe of do- mestic adulation, immaturely assume the tone and pretensions of a riper period; she must be docile and industrious, and patient of rebuke that conveys instruction. She must not talk too much of glory, till it comes, She must not make fine speeches about freedom, while a slave contaminates her soil. She must not rail at English travellers, for visiting her cities and plantations, and publishing what they see. She must not be angry with:lord Grey, for calling Mr Fearon a gentleman, and she positively must not be fretting herself into the preposterous notion, that there exists in this country an organized conspiracy against her literary fame. There is no such thing. While we copy these remarks, we perceive in the quarter whence they proceed, an American Eclogue; a performance of which the justice is quite equal to the spirit; and Jonathan 1821.3 Warden on america. 47 Kentuckys Journal is announced in another number. This satisfies us wholly, and shows that the warfare is not one for us to engage in, nor the weapons proper for our hands~ We sincerely assure the authors of these judicious perform.. ances, that whatever they intend, we shall take no offence. ART. III..i1 Statistical, Political, and Historical account of the United States of JVorth dmerica; from the period of their first colonization to the present day. By D. B. Warden, late Consul for the United States at Paris, 4cc. ~Vc. 3 vols. 8vo. Edinburgh, 1819. THE title of this book ought to serve it as a letter of intro- duction to us. It promises to tell us more about our country, than was ever before brought together in any one work, and it may be inferred from the time it has remained unnoticed, that we either do not care to know these things, or do not choose to learn them from Mr Warden. We have had a vast deal to read about ourselves within a few years, it is true, and we have not been neglectful of such writers as made their ac- counts of us pleasant and piquant, by a good seasoning of abuse; and we doubt not, if our author had told as many amus- ing stories of us as Ashe and Janson, that he would have received the same flattering attentions we showed to them. But we do not appear to take much interest in sober historical relation, and matter of fact information. This arises perhaps from knowing so much about our past and present condition, as we must necessarily know from the very nature of our po- litical institutions, and from the frequent exercise of our civil rights. The principal facts of our history are early and easily learned; our origin is involved in no obscurity and uncertainty; the story of the first hundred and fifty years of our national existence is told in a few pages, and we have either been ac- tors in the events of the last half century, or received our accounts of them from those who were. Besides, we have opportunities for learning our history, in a great degree, pecul- iar to ourselves; the birth day of our political independence is made to tell its own story, and while we remember and duly commemmorate that day and the deeds which grew out of it, we ought to be excused th9ugh we be ignorant of much else,

Warden on America 47-62

1821.3 Warden on america. 47 Kentuckys Journal is announced in another number. This satisfies us wholly, and shows that the warfare is not one for us to engage in, nor the weapons proper for our hands~ We sincerely assure the authors of these judicious perform.. ances, that whatever they intend, we shall take no offence. ART. III..i1 Statistical, Political, and Historical account of the United States of JVorth dmerica; from the period of their first colonization to the present day. By D. B. Warden, late Consul for the United States at Paris, 4cc. ~Vc. 3 vols. 8vo. Edinburgh, 1819. THE title of this book ought to serve it as a letter of intro- duction to us. It promises to tell us more about our country, than was ever before brought together in any one work, and it may be inferred from the time it has remained unnoticed, that we either do not care to know these things, or do not choose to learn them from Mr Warden. We have had a vast deal to read about ourselves within a few years, it is true, and we have not been neglectful of such writers as made their ac- counts of us pleasant and piquant, by a good seasoning of abuse; and we doubt not, if our author had told as many amus- ing stories of us as Ashe and Janson, that he would have received the same flattering attentions we showed to them. But we do not appear to take much interest in sober historical relation, and matter of fact information. This arises perhaps from knowing so much about our past and present condition, as we must necessarily know from the very nature of our po- litical institutions, and from the frequent exercise of our civil rights. The principal facts of our history are early and easily learned; our origin is involved in no obscurity and uncertainty; the story of the first hundred and fifty years of our national existence is told in a few pages, and we have either been ac- tors in the events of the last half century, or received our accounts of them from those who were. Besides, we have opportunities for learning our history, in a great degree, pecul- iar to ourselves; the birth day of our political independence is made to tell its own story, and while we remember and duly commemmorate that day and the deeds which grew out of it, we ought to be excused th9ugh we be ignorant of much else, 48 t~ arden on Arnerica~ [Juiy~, that relates to us. Other nations, it is true, have feasts and festivals in commemoration of great events in their history, but they are events, which chiefly affected their sovereigns and princes. Our great anniversary, on the contrary, is truly a na-. tional one; a commemoration of blessings, extended equally to every individual of the land. Nor is this the only occasion af- forded to the people of our country, of calling up the great events of their history. They hear of them at every political and mu- nicipal meeting, on the fast and feast days appointed by the civil government, and at the public academic and other liter- ary exercises, which are so frequent among us; so that little as they may learn of them by reading of treatises, they cannot yet be ignorant of them. We would not, however, be under- stood to say, that this is all the knowledge of our history, which we are bound to cultivate. The remarks were made only in explanation of our apparent indifference to the study. But the historical is a small part only of the work under consideration; its main object is statistics. This is a science of recent origin, for though it embraces most of the subjects as- signed both in England and in this country to geography, they are in fact entirely distinct, when the latter is kept within its proper limits. Geography treats the earth in relation only to its mathematical figure, its physical characters, and its political divisions; statistics is a philosophical account of whatever has an influence on a state, as such. The former, therefore, must confine its descriptions to territory, but the latter includes both people and territory. The earliest work we have of a statisti- cal nature, is the Del governo e amministrazione di div~rsi regni e republiche of Francisco Sansovino, published at Ven- ice in 1567, and which was compiled from materials, collected by the ministers of the Venetian republic at the several courts of Europe, by order of the senate. The collection commonly called Republica~ ELzeviriana~, first published at Leyden in 1625, of which Grotius was one of the prin- cipal compilers, is also statistical; but there was no sys- tematic work of this description, before the time of Achenwall, who was professor at Gottingen in Hannover, in the middle of the last century. He was the father of the science, and first made it a subject of lectures in the Universities; and it is now taught in this way throughout the continent of Europe. In 1749, he published his Abriss der neuesten Staatswissenschaft der heutigen vornehmsten Europaischen Reiche und Republi 1821.1 Warden on drn& zc4. 49 ken, which has already passed through seven editions, and serv- ed as a model for all later works on the same subject. The divisions and subdivisions laid down by him have been adopt-. ed for the most part by our author, and ~where departed from, it is in consequence of the pec~Aiar political character of our republic. In an introduction of fifty pages, Mr Warden pre-. sents us with a summary and admirable view of the history, progress, and present condition of the United States. We have never seen more information condensed into so small a compass, nor ever looked on a finer picture of our country. The language of it is elegant, the style forcible, the reasoning sound, and the descriptions beautiful and eloquent. In all these respects it is so unlike the body of the work, that if some professed preface-writer, like Dr Johnson, had been near the author, we should have been unjust enough to think he had transferred his pen to another hand. The circumstances under which our country was settled, and which have served to determine our character, are thus pointed out by him. It was a favorable circumstance for the United States, that the country wa~ colonized chiefly by population drawn from the most enlightened nations of the old world, and ut a period, whe~n a variety of happy changes had disabused the human mind of ~ome of its worst prejudices. What would have been its situation, ~if peopled by some of the other nations of Europe, is apparent from the stitte of the Spanish colonies. The English, who forme4 the leading part of the colonists, had been emancipated from supersti-. tion and priestcraft by the reformation, they had imbibed more liberal ideas than other nations in politics, and had made~greater progress in arts and industry. The first settlers, no doubt, considered their removal to this country a painful sacrifice, but after they had acquired strength to maintain themselves against the Indians, the advantages of their situation began to appear. It was an unoccupied world, of the richest soil, and most favored climate, spread out before a small number of men, who possessed the skill and industry of a mature society. In the ancient world, the arts necessary to draw forth the riches of the earth were not acquired till its surface was in general appropriated; and the progress of society was checked, first by ignorance, and afterwards by vicious arrange~ ents. p. xviii. Most of the old colonies were planted when the prevalence of military habits, and of a dark superstition, with a host of errors and prejudices, checked the march of industry and improvement. New Series. NQ. 7. 7 50 Warden on ~t1rnenca. [July, The North American colonists on the other hand, left Europe when the military spirit had no longer a baleful ascendency; when the effects of industry, the true source of national wealth, had begun to develop themselves; when civil liberty began to be understood and valued; when religion was stripped of many of its corruptions; when knowledge was advancing, and society had begun to settle on its right basis. The colonists, placed in the new settlements, had on y to avail themselves of the advantages ef their situation. Their society, held together by common wants, and moulded by their circumstances, was disencurabered of many of those corruptions and abuses, which time and accident accumu-~ late in all old communities. A fortunate combination of circum,~ stances, by bringing them all under one government, left them free from the destructions of war; and a no powerful neighbour, jealous of their prosperity, to compel them to load themselves with a great military establishment. They were placed at too great a distance from Europe, to be 4ften embroiled in its quarrels and yet near enough to share the benefits of its commerce and improvements. p. xx. The introduction then touches upon our extent of territory, the ratio of population, the height of our mountains, the length of our rivers, the character of our soil and the nature of its products, the rapid increase of inhabitants, the agriculture,. commerce and manufactures, the government, religion and manners of the country, on all which subjects the authors re- marks are very striking~ If our limits would allow, we should be glad to extract more copiously from this part of the work, but we can only give the concluding paragraph. Doubtless the government of the United States is not exempt from the errors and imperfections, that adhere to all human insti- tutions. But compare its public conduct with that of the old governments of Europe. How calm and reasonable is its language; always addressing itself to the understanding and the solid inter. ests of the people, never to their passions or prejudices. It seeks no aid from supem~stition, supports no gainful impostures, and uses none of that disgusting cant, with which the old governments of Europe varnish over the degradation of the people. It is a stran- ger to state craft and mystery. All its acts are done in the face of day. It prizinotes knowledge, religion and learning, without the preference of particular sects, and without debasino them by falsehoods beneficial to the ruling powers. It is the only govern- ment in the world that dares to put arms freely into the hands of all its citizens. From Maine to Mississippi it commands a prompt and ready obedience, without any other weapon than a constables 1821.1 Warden on america. 51 staff. Jn~a word, it secures property, satisfies opinion, promotes the development of industry and talent, with a rapidity hitherto unexampled; and, with the smallest sacrifice of individual rights and property on the part of the people, it accomplishes all that the most expensive and powerful governments pretend to. p. lxiv. When an author puts such an introduction to his work, he brings upon himself this evil, that most readers are satisfied with what they learn from it, and do not take the trouble to proceed further. We do not recommend this course in the present case, but we are sure that those, who go through the three volumes, will agree with us in thinking, that the sixty pages of the introduction are worth as much at least as the other sixteen or seventeen hundred. There is a difficulty in collecting materials for a work on the statistics of this country, which does not exist in regard to the states of Europe. No official returns are made and no account is taken in America of many of the objects, which enter into a statistical view of a country. Taxation does not haunt our dwellings, or wait at our sides when we gather in our harvests, or stand at the door of the workshops of our artisans, or put its stamp upon the hales and parcels, which come from our manufactories. The commerce of the interior, in which the transportation of the commodities exchanged is made by land, renders no account of its operations. Hence we find great inaccuracies in those parts of the statistical accounts, in which there are no official reports to the general government for a guide. IBristeds book on the resources of America is full of them, and Warden~s is by no means free; but Pitkin and Seybert, by going no fur- ther than they were warranted by official documents, have given to their works the authority of the documents them- selves. Another difficulty for our author w~is the imperium in in~perio of our confederation, which must necessarily produce confusion in an account of it, when the character and powers of the confederation and of the members composing it as po- litical states are not clearly and distinctly defined. There are few men that have not seen the practical operation of our government, who ar& able to understand our general and state sovereiguties, and we doubt much if Mr Warden would aid one in obtaining a better knowledge of the subject, owing to the bad arrangement he has adopted. To make the justice of this objection apparent, we must give the divisions of his work, which are as follows: 52 Warden on .llmerica. 1st. Of the physical features, climate, and natural produc.. tions of the country. 2d. Description of the several states and territories compre- hended in the Union, with an appendix describing Florida. 3d. Of the federal government and public establishments connected with it, and of the population, agriculture, trade, revenue and resources of the United States. 4th. Of the Indians. Now we see no reason, why the description of the several states should have been introduced between his first and third parts, especially as it fills two volumes, and thus widely sepa~.. rates the several portions of the account of the country as a single state. The received statistical method does not author- ize it, for although political divisions make a subdivision of the first general head of statistics, territory, this subdivision refers merely to local partition. Moreover, did the received method authorize Mr Wardens divisions, it should not have been followed in this instance, on account of the confusion and repe- tition it brings with it. The states of our confederation are not political divisions, like the counties of England, the depart- ments of France, and the governments of Russia; and great confusion must obviously arise, if they are viewed at the same time as such and as independent sovereignties. The way 61 avoiding this is easy; consider the United States as to terri- tory and all its physical characters as one, and as to its govern- ment as a confederation, describing only the federal rights and powers of the members, which compose it. The individual states may then be described as minutely as may be wished. A farther examination of the work will show us other objec~ tions to its system of arrangement. We have, for example, in the description of the individual states a constant repetition of what we had learned in the description of the United States. How can it be otherwise, when as to their physical properties, they are but parts of one whole? The general aspect of the country and the nature of the soil, the lakes and rivers, the climate, the products of the fields and forests, the animals, the diseases, in a word every thing which relates to it merely as a territory, have the same character, whether state or federal.- Moreover it is a dangerous thing for an author to expose him- self in this way to the charge of contradictions; numerous instances of which, we are sorry to say, are to be fQund in the work before us. Compare volume i. pages 27 and 373, a~ to 1821 .j Wardet~ ~on Vimerica. 5$ the height of the White mountains; 291 and $75, as tothe course of Connecticut river on the border of New Hampshire; page 144 of vol. i. with 4Q1 of vol. ii. as to the distance of Augusta in Georgia from the sea; vol i. page 116 with page 506 of vol. ii. as to the annual rise of the Mississip- pi; and vol. i. page 329, 2d paragraph with the third, as to the product of rye from an acre of ground. These are but a very few of the many cases of careless inaccuracies, which occur in the progress of the work. It would be impossible, within any reasonable limits, to fol- low our author through every page of his work. We shall not pretend therefore to enter into a minute examination of the single facts it contains, but confine ourselves to a few general remarks upon some of its most important chapters. The first chapter treats the boundaries of the United States. It is but a little more than two years since this book was published, and our country already stretches beyond the limits which are here assigned to it. Our acquired territory on this side the Rocky mountains was then greater than that which belonged originally to the rest of the United States, and Flor- ida considerably increases it. It may be made a question of political duty, whether our patriotism must expand with the extension of our territory, and require of us to look upon our. French and Spanish brothers by purchase, to be as truly our fellow citizens, as the fathers who defended our soil, and the sons who have since tilled it. We are far from thinking that narrow local feelings should be cherished, but we cannot but concur in the opinion of a distinguished member of Congress, that there is great difficulty in sending out our patriotic affections. beyond the Missouri and the Rocky Mountains. The natu- ral tendency of an increasing empire to separation was coun- terbalanced in the new states we have formed, by their being peopled wholly from the older ones, and a community of language, manners, interests and ties, thereby preservech This is not the case with part of Louisiana and with Florida, and on that account some apprehensions in regard to the in- fluence they will have on the permanence of the union may be reasonably entertained. But this is not a pleasant subject of contemplation, and we pass from it to the second and third chapters, which treat of the general aspect of the country, its extent, the nature of the soil, and the lakes and rivers. The moat striking feature in the face of our country is its uniform- 54 Warden on .Irnerica. [July, ity. Where else on the surface of the earth can a chain of mountains be found like the Apalachian, or endless, as the name implies, stretching out above 900 miles in an almost uniform elevation? What a different appearance do the Alps present in their course from the frontiers of France and Pied- mont, to the eastern confines of Styria. Round Top, and the Peaks of Otter would dwindle into mole-hills by the side of Mont Blanc, Monte Rosa, the Finsteraarhorn, and the Ortel- spitze. We are informed also by the geologists, who have examined different parts of the chain, that a like uniformity exists in the materials of which they are formed; and that rocks of the same kind are found throughout the whole extent, at equal distances from the shores of the Atlantic. But the facts now collected cannot be sufficient to warrant so broad an in- ference. There must, however, have been some mighty causes, which produced so singular a character as that which is impressed upon the whole of this continent, more partici~- larly upon the part of it which we occupy. The long chain of immense lakes and the limestone basin of such extraordina- ry extent to the south-west of them, washed by the waters of the Mississippi and the Missouri, speak loudly of some great and general convulsion, and Invite to a nearer and more de- tailed investigation, the result of which would, no doubt, afford a vast many facts of the highest importance, in the natural history of the earth. But interesting as that portion of the country may be to an inquirer into nature, in a moral and political view it is still more so. Occupying the central part of the temperate zone, its climate must be mild and salubrious, when cultivation shall be extended, and population increased. Having a great variety of temperature and an unexampled fertility of soil, it may be made to yield almost all the various products of the earth; and watered by rivers, which give it above fifty thousand miles of internal navigation, it seems destined by Providence to become the great empire of the West. And there is nothing disparaging and discouraging to the inhabitants of the Atlantic states, in this view of the ad- vantages belonging to our western brethren. What though we have not their rich bottom lands and their boundless prairies; we have the ocean on our borders, which is a most productive field, when rightly cultivated, and we have but to exercise that industry, ingenuity, and enterprise, which belong to our situ- ation, to draw out from our moral resources all the riches and nowers, which their physical confer upon them. 1821.1 Warden on .lmerica. 55 The fourth chapter is devoted to an account of our climate. No satisfactory reason has yet been assigned for the great difference in temperature between a given parallel of latitude in our hemisphere, and the eastern. A few facts and circum- stances may be mentioned, partially explanatory of this phe- nomenon. We have no cold weather in winter, except during the prevalence of northerly and westerly winds, and so power- ful is their influence, that we often see the thermometer changed thirty and even forty degrees by them. These winds blow very frequently during the winter, and hence our mean temperature at that season is low. It is unnecessary to re- mark, that the mountains, which intersect our continent, and. the immense forests that cover them, are the cause of the coldness of the winds, which blow from them. Again, our atmosphere is much drier than the atmosphere of the tempe- rate regions of Europe, consequently evaporation is greater and more rapid here than there, whereby the temperature is sensibly diminished. This circumstance adds to the coldness of the north-west winds, and accounts for the chillness of our summer mornings and evenings; the cold commencing with. the evaporation of the collected dew. This is well illustrated by the process of forming ice in the East Indies, where the thermometer never falls to 320. We are aided also in the solution of this difficulty by the fact, that the eastern side of all continents is colder than the western, and this, we have every reason to believe, is as true of ours as of others. Lewis and Clark found the winter near the mouth of Columbk~ riv- er in 460 north, very mild, but rainy, which confirms the accounts before given by Capt. Cook and others in regard to it. Our annual plants show us that we have our full share of summer heat, many of which, that ripen perfectly here, can never be brought to maturity in the more temperate climate& of Europe, while they, on the other hand, can cultivate many perennials, which we cannot, another proof that the diffe~ rence in the climates arises from local and partial causes. If we inquire into the geographical distribution of the vine, it will present us with as great anomalies in the climates of Europe, as we have in our own. It denies its blessings, for example, to the northern provinces of France, the south part of Bavaria, to many portions of Styria, Carinthia, and the Carniole, and grants them very liberally to higher parallels in Germany and Hungary. Our mean temperature, deduced 56 Warden on ~merwct. [July, from that of deep wells and springs is but very imperfeetly known; the following results are given by our author. At Rutland in Vermont, at the depth of 45 feet 440 of Fab. Different places of Massachusetts - 49 Philadelphia 53 Virginia 57 Charleston, S. C. 63 The three first are collected from Dr Williams account, the two others from those of Mr Jefferson and Dr Ramsay. Mr Jefferson, in his notes on Virginia, supposes a great difference to exist between the climate of the Atlantic coast, and that of the valley of the Mississippi in favor of the mildness of the latter, which the observations of Dr Drake do not confirm; but Dr Drakes opinion is founded wholly on the mean tem- perature as shown by the thermometer, which is a more un- certain guide than vegetation, upon which Mr Jefferson founds his. One other circumstance in regard to our climate deserves to be mentioned. We have more rain and fewer rainy days than in Europe. The mean there of rainy days for twenty years in twenty different cities was 122, and but 88 in Cambridge, (Mass.) and 95 in Salem for the same time. But the mean annual quantity of rain is greater here than there, owing to our rains being so much heavier. The smallest quantity in Europe given by Mr Warden is at Petersburg, which is 12~ inches, and the greatest at Vienna, 44~ inches. Our smallest is at Philadelphia, but 30 inches according to Dr Rush, and the greatest is at Charleston, S. C. 71.~ according to Dr Ramsay. The fifth and sixth chapters of the work are devoted exclu- sively to an enumeration of our forest trees and quadrupeds, which would have come with rather more propriety into a natural history, than into a statistical account of the country; but they afford us valuable information on these subjects, and it is hardly reasonable to complain of an author for doing more than he promised. The chapter on the forest trees is taken from Michauxs North American Sylva. That on the quad- rupeds is very long, and contains many curious facts; we have room only for a single extract. Among the American hunters and travellers it has been long a general opinion, that the young of the bear were produced in a shapeless state, and licked by the tongue of the mother into form and life; and Lawson, enthusiastically fond of natural history, remarks, that no man, either Christian or Indian, had ever killed i~21.] Warden on dmerica. 51 a she bear with young, but since his time, Mr Brigham of Salis.. bury, in Connecticut, in December 1797, killed the female in her den, where he found three young ones, of regular shape, and as large as a kitten of two months old. In February 1818, the American black bear of the Menagerie of the Garden of Plants at Paris, brought forth a young one, about the size of a rat and of a grey color. vol. i. p. 197. A chapter on diseases concludes the first part, in which the author attempts to refute the prevalent opinion in Europe, that life is short in this country, and gives a summary view of the different medical doctrines, concerning the origin and propa- gation of the yellow fever, with an extract from the report made in 1817, by the Faculty of Medicine at Paris to the Minister of the Interior, respecting the contagious nature 9f the disease; the substance of which is, that the yellow fever is often merely sporadical and not contagious. This docu- ment is to be found in the Journal of Medicine for July 1817. We must pass over the second part, which describes the individual states and territories, occupying the remainder of the first volume, the whole of the second and first half of the third. It is a sort of particular geography, not so well execut- ed, however, as Ebelings, not so careful in the choice of au- thorities, and consequently not so correct as to facts. We would recommend to the author an alteration of the following passages. In the account of Massachusetts, page 287, some-. times the sea is frozen to a considerable distance from the coast; page 315, six per cent. is the annual tax paid on the actual value of all ratable estate both real and personal, except wild and uncleared lands, on which the rate is two per cent. In the account of Maine, he would do well to revise his enu- meration of rivers; and in that of New Hampshire to correct his mistakes about the White Mountains and the temperature, and change the number of senators in their state legislature from 13 to 12, and that of their slaves from few to none, and reduce the civil jurisdiction of their justices of the peace, and put a note explaining how the fishing schooners which are sometimes built at the distance of two or three miles from the sea are taken to pieces and carried thither. If he had inquir- ed about Vermont of any person, who has been there since Castiglioni, he would have found that their roads are not in such a state, that the usual progress of a man on foot or on horseback is not more than two miles an hour; or if he had .TVew Series, No. 7. 8 Warden on simerica. 58 [July, looked on the map of Connecticut he would have seen that New Haven is not near the mouth of the Thames. But we are not bound to make a table of errata for our author. We leave the rest, therefore, for his own revision, as- suring him, that they are many, and that there is scarce a page of the three volumes, on which some error is not to be found either his own or his printers. Those of his own might be classed into such as proceed from renent incorrect information, from following ancient descriptions of parts of the country, which change every day, and from disregarding the alterations made in the state constitutions and laws by the constitution of the United States. It is certainly matter of surprise, that a book, written by a citizen of the United States, should inform us, that the authors of literary works are secured in the exclu- sive right thereof in Virginia for twenty one years, and that the delegates to Congress from North Carolina are chosen an- nually by ballot of the General Assembly, as is stated volume ii. pages 207 and 382. In the third Part the author returns to his view of the Unit- ed States collectively. Many of the chapters in this part treat the subjects, upon which Mr Seybert, in his excellent Statisti- cal Annals, has given the most particular details, and a late number of our journal* entered so fully into a consideration of them, in the remarks upon that work, that we do not think it ne- cessary now to take them up again. The forty-eighth and forty- ninth chapters, which treat of the state of education, knowledge, manners, the arts, and the state of religion are entitled to more particular attention. We search through these chapters in vain for the account, which we might expect to find of the system of education and of the state of intellectual culture in our country. It is true, unfortunate as it may be for the coun- try, that education is not a subject of national legislation, but it is none the less a national concern, and we shall discover, per- haps, at some future day, that no real national feeling and char- acter can exist without its influence. Mr Warden should have given us a view of our primary and higher schools, and of our colleges, universities, and all other establishments of educa- tion, whether elementary or professional, and told us of the number of instructers employed, and of students taught in all these institutions. It is not enough, that he has done this, or North American Review, vol. ix, p. 217. - 1821.3 Warden on ~merzca. 59 partly done it, as the fact is, in the description of the individ- ual states; we wanted a general and national view of the sub- ject. The reason he assigns for not doing it is, that it would have been a repetition, but he has been less scrupulous on this point in respect to most other subjects. Let us now see what is the amount of the information we obtain from him. The education of youth, which is so essential to the well being of society, has always been a primary object in the United States. Since the year 1802, especially, great additions have been made to the number of schools and academical institutions; to the funds for supporting them, and to all the means for providing instruction, and disseminating information. In 1809, the number of colleges had increased to twenty-five, that of academies to seventy -four. These institutions are incorporated by the legisla- ture of each state, and are subject to its inspection, though aced respectively under the direction of boards of trustees. vol. iii. p. 453. We are left equally ignorant of the state of literary and scientific knowledge in the country. On this subject the most we learn is, that there are some societies established for the advancement of learning and science, that the American Philo- sophical Society at Philadelphia has published six volumes, and the American Academy of Arts and Sciences of Boston one, neither of which statements is correct; that there are academies at New York and Philadelphia for the cultivation of the fine arts, and that a liberal spirit fosters these establish- ments, which is perhaps not more correct; that we repub- lish English works at less than a quarter of the original price, which we may well afford to do, as we have nothing to pay for the copy right, and print on such miserable paper. He mentions, however, two facts, which we were glad to observe, that Knickerbockers New York brought 3000 dollars, and Judge Marshalls Life of Washington 100,000 dollars to their authors. A few more instances of such rewards for literary labors, and our presses would have employment enough in printing original productions, and our own authors soon occu- py a respectable portion of our libraries. We are not wanting in patronage to one sort of literary publication, to judge from Mr Wardens account of our newspapers; for of them he says there were five hundred in May 1817, and 250,000 printed weekly. Nor are we wanting in talent for dramatic composition, if the number of our dramatic productions be a proof to the cQn 60 Warden on .,lmenca. [July, trary, of which a long list (of most of which we never heard before) is given in the work before us. As to manners, habits, and national character, we ought to be obliged to Mr Warden for the favorable representation he makes of us, and as we are so unaccustomed to see any thing of the kind, ~ve cannot but treat our readers with an extract. The people of the United States have not that uniform charac- ter, which belongs to ancient nations, upon whom time and the stability of institutions have imprinted a particular and individual character. The general physiognomy is as varied as its origin is different. Enolish, Irish, German, Scotch, French and Swiss, all retain something of the first stamp, which belongs to their an- dent country. A marked distinction, however, exists between ihe inhabitants of the maritime and commercial towns and those of the country. The former resemble the citizens of the great towns of Europe. They have all the luxury and vice of an advanced civilization2~ Those of the country, who lead an agricultural life, enjoy all that happiness which is preserved from the exercise of the social virtues in their primitive purity. Their affections are constant; felicity crowns the conjugal union; respect for pater- nal authority is sacred; infidelity on the part of the wife is almost unknown; crime is rare; mendicity and theft uncommon. vol. iii, p. 476. Another description is given in the Introduction, which is more discriminating and philosophical, from which we extract a few passages. It has been said that the Americans have no national charac- ter. Without stopping to inquire in what this consists, we may observe, that according to the testimony of travellers, the aspect of society in the United States is distinguished by many striking particulars from that of Europe. Though the number of learned ~and scientific characters is much smaller than in France and Bri- tain, the mass of the population are better informed, than in either of the countries. They are not merely better educated, but they derive from their habits more practical sagacity and good sense. ~2Placed often in situations where they have to work their way, and supply their wants without assistance from others, they are inven- tive, persevering, full of resources, not easily deterred by difficul- ties. The prejudices of birth and rank, which fetter industry in Europe, have little existence in America; men change their pro- fession as often as it suits their interest, and never deem any hon- cst occupation disreputable. Enjoying abundance and depending From the year 1797 to 1801, inclusive, 693 convicts entered the state prison of New York. 1821.~ Warden~ 6n ~rnerzca. 61 on no mans patrmage, they are free, open-hearted, mires erved and perhaps somewhat rough in their manners. Accustomed to rely much on their own arm, they are manly, brave, high spirited, and enterprising. p. lxii. To show that our author has an agreeable variety in his style of writing and to present one more of the pictures he has drawn of our manners and customs, we shall conclude our ex- tracts with his account of the metropolis. The inhabitants of the district of Columbia are social and hos- pitable. At Washington, respectable s~angers, after the slightest introduction, are invited to tea, balls, and evening parties. Tea parties have become very expensive, as not only tea, but coffee, negus, cakes, sweetmeats, iced creams, wines and liqours are often presented, and in a sultry summer evening, are found too palatable to be refused. In winter there is a succession of family balls, where ~l this species of luxury is exhibited. Both sexes, whether on horseback, or on foot, wear an um- brella in all seasons; in summer to keep off the sunbeams; in winter as a shelter from the rain and snow; in spring and autumn, to intercept the dews of the evening. Persons of all ranks canter their horses, which movement fatigues the animal and has an ungraceful appearance. At dinner, and at tea parties the ladies sit together, and seldom mix with the gentlemen, whose conversation naturally turns upon political sub- jects. In almost all houses toddy is offered to guests a few min- utes before dinner. Gentlemen wear the hat in a carriage with a lady as in England. Any particular attention to a lady is readily construed into an intention of marriage! Boarders in boarding houses, or in taverns, sometimes throw off the coat during the heat of summer; and in winter the shoes for the purpose of warming the feet at the fire; customs, which the climate only can excuse. In summer, invitation to tea parties is made verbally by a servant, the same day the party is given; in winter the invitation is more ceremonious. The barber arrives on horseback to perform the operation of shaving, and here as in Europe, he is the organ of all news and scandal. vol. iii, p, 218. We cannot say but these things may have been so when Mr Warden was at Washington, nor in what particular circle. he may have observed the practice of sitting without coat and shoes. A summary of the political and military history of the United States, since the year 1802, and an account of the In- dians residing within our territory conclude the work. We are not xvilling to leave it without a few remarks on its general character, lest our opinion of it should be misunderstood. 62 Florida. [J~u1y, The author certainly deserves the thanks of every American for the diligence and fidelity with which he has collected ma-~ terials for presenting a complete statistical view of the country. The distance, however, at which he was, when he made use of these materials, has occasioned many imperfections and errors, which would have been avoided if the book had been published here. It also presents itself under the disadvantage of having been printed in one country, while the author was in another, by which, and for the want of some person, ac- quainted with the subject to superintend the press, innumer- able typographical errors are left uncorrected. It is also defective and confused in its system and arrangement, and awkward in the disposition of the subjects, many being brought into the same paragraph which have no connexion together; and the style is neither dignified nor elegant, nor always Eng- lish. With all these defects, however, it contains more infor- mation about the United States of America, than is to be found in any other work, and is very deserving of our attention. We think it might serve for the ground work of an excellent book on our country, leaving out the two volumes which describe the individual states, and bringing down the information it contains to the present time. The new census will furnish the necessary materials for a part of this work, and we hope some person will be found dis~ posed and able to perform it. ART. IV.i. Sketches, Historical and Topographical, of the Floridas; more particularly of East Florida. By James Grant Forbes. 8vo. pp. 226, New York. 2. Memoir on the geography, and natural and civil history of Florida, attended by a map of that country, 4~c. By Wit- ham Darby. Svo. pp. 92, Philadelphia. THE first discovery of Florida has been usually ascribed, not with much justice, to Sebastian Cabot. This discovery is supposed to have been made in 1496 or 1497, in Cabots first expedition for the discovery of a north-west passage to China. In that voyage, Sebastian Cabot, or more probably John Cabot with his son Sebastian, for the latter was at that time but twenty years old, ran down the American coast from latitude 670, where his seamen were alarmed at finding no

Florida 62-100

62 Florida. [J~u1y, The author certainly deserves the thanks of every American for the diligence and fidelity with which he has collected ma-~ terials for presenting a complete statistical view of the country. The distance, however, at which he was, when he made use of these materials, has occasioned many imperfections and errors, which would have been avoided if the book had been published here. It also presents itself under the disadvantage of having been printed in one country, while the author was in another, by which, and for the want of some person, ac- quainted with the subject to superintend the press, innumer- able typographical errors are left uncorrected. It is also defective and confused in its system and arrangement, and awkward in the disposition of the subjects, many being brought into the same paragraph which have no connexion together; and the style is neither dignified nor elegant, nor always Eng- lish. With all these defects, however, it contains more infor- mation about the United States of America, than is to be found in any other work, and is very deserving of our attention. We think it might serve for the ground work of an excellent book on our country, leaving out the two volumes which describe the individual states, and bringing down the information it contains to the present time. The new census will furnish the necessary materials for a part of this work, and we hope some person will be found dis~ posed and able to perform it. ART. IV.i. Sketches, Historical and Topographical, of the Floridas; more particularly of East Florida. By James Grant Forbes. 8vo. pp. 226, New York. 2. Memoir on the geography, and natural and civil history of Florida, attended by a map of that country, 4~c. By Wit- ham Darby. Svo. pp. 92, Philadelphia. THE first discovery of Florida has been usually ascribed, not with much justice, to Sebastian Cabot. This discovery is supposed to have been made in 1496 or 1497, in Cabots first expedition for the discovery of a north-west passage to China. In that voyage, Sebastian Cabot, or more probably John Cabot with his son Sebastian, for the latter was at that time but twenty years old, ran down the American coast from latitude 670, where his seamen were alarmed at finding no 1821.] Florida. 63 night, a~ far south as latitude 38~, or at farthest 36~, near one of which points he was compelled by want of provisions to desist from a farther prosecution of the voyage. He therefore did not approach within many miles of any part of the coast, that has ever been properly included within the limits of Florida. In the year 1512, John de Ponce, the first discoverer of Porto Rico, who had acquired great wealth as governor of that island, fitted out, at his own expense, two vessels in quest of the fabled fountain of health. The virtues of this fountain, believed by the natives and by many Europeans to exist in some part of the West Indies, or the southern part of North America, were such, that whoever bathed in it, of whatever age he might be, was immediately restored to the vigour and beauty of youth. De Ponce first discovered the coast of Florida on Easter Sunday, which festival is called in the church calendars Pascha Floridum, and from that circum- stance he gave the country the name which it has borne ever since. He coasted southerly from latitude 300 along the Atlantic shore,landed at a place which he called Bay of the Cross, where he took formal possession, and established a stone cross as a monument ;discovered cape Florida, which he named Cape Corrientes, from the rapidity of the current through the Gulf of Florida,and discovered also the islands and rocks called The Martyrs, which he so named from their fancied resemblance to men tied to stakes to be burned. A name of evil omen, some writer remarks, which the great number of shipwrecks upon them has since rendered ap~ propriate. IDe Ponce then entered the bay, sometimes called from him, to this day, Juan de Ponce, where he landed and took possession in the name of his sovereign. After making this discovery, De Ponce went to Spain, and by much solicitation obtained the appointment of governor of Florida, in which country he intended to settle a colony. He returned to Porto Rico, where he fitted out a fleet at great expense, and enlisted a body of men to establish his new colony. He reached the coast of Florida, and had hardly landed, and was preparing to build a town and fort, when he was attacked with such vigor by a great body of savages, arm- ed with poisoned arrows, that a great number of his men were killed, and the rest were compelled to retreat to their ships. He was himself wounded by a poisoned arrow, but made his Florida. 64 [July, escape and was carried to the island of Cuba, where he died. Many of his followers died, in great distress, of the wounds inflicted by the poisoned weapons. This last expedition is not noticed in some of the early histories of De Ponces discove- ry, and there is perhaps reason to doubt at least that part of the story, which relates to the use of poisoned weapons by the natives; but we find the narrative in Le Moignes history, as published by De Bry, and also in 4w other early histories. In 1520 Luke V?asquez of Ayllon equipped two ships from the harbour of Plata, in the island of Hispaniola, for the pur- pose of procuring savages from some of the neighbouring islands, to work in the mines. He landed at the bay of St. Helena, in South Carolina, then, and long afterwards, consid- ered by the Spaniards as within the limits of Florida. The natives, after they had recovered from their alarm at sight of the Spanish ships, and of men who were covered with clothes, received their visiters kindly and hospitably. Vasquez, in return for their hospitality, invited a large number of the natives to an entertainment on board his ships, and seized the opportunity to set sail with them on board, and to proceed towards Hispaniola. Many of them pined to death from vexation, and an obstinate refusal of all food. A large part of the remainder perished at sea, in one of the vessels which foundered in a storm, and a small number who survived the voyage were forced into a cruel and hopeless slavery. Vasquez for this exploit received the reward offered to such as discovered new lands. In 1525 he went again to St. Helena with three ships, but one of them was cast away, and two hundred of his men were afterwards cut off by the natives; in consequence of which he returned disappointed to Hispaniola. Some accounts say that he was left behind, and died in Florida. Pamphilo Narvaez obtained a patent from Charles V, and in March 1528 he sailed from the island of Cuba for Florida in five vessels, with a military force of four hundred foot and forty horse. He proceeded round the western extremity of Cuba, and after encountering several storms, in which he was in great danger of being wrecked, he arrived on the coast of Florida. He landed at a place on, or near the bay of Tampa, and discovered an Indian village, from which all the inhabitants fled on his approach. In a deserted hut he found some trifling ernaments of gold, which encouraged his hopes. On advanc 18~1b1 Florida. ing into the interior he found small quantities of indian corn. He was told by the natives that there was a country, called Apalache, far distant to the north, which was rich and abound- ed with gold. He determined to proceed thither, and set out with three hundred men on foot and forty horse, ordering the ships to follow him along the shore. After marching fifteen days through a desolate country, they came to a riverperhaps the Suwany, on which Gen. Jackson destroyed Bolegstown in 1818. They crossed the river, partly by swimming, and partly on rafts, and on the other side they discovered a party of Indians, who supplied them with corn. On exploring the sea-coast it was found to be full of shoals, and without ports. They again proceeded on their march for fifteen days, without finding an inhabitant. On the 17th of June they fell in xvith a party of Indians, who were enemies to the Apalachians, nnd were then on their march to make a hostile inroad into their country. The Indian king took the Spaniards to his towns, and entertained them with corn and venison. They soon proceeded on theh~ march, and on the 28th of June came in sight of the town of Apalache, of which they took possession with but slight opposition. Here they found abundance of corn, deer-skins, mantles, and garments, woven of the inner bark of trees, womens head-dresses, and stones for grinding corn. The town consisted of forty houses, which were low and covered with straw. It was surrounded by thick woods and deep morasses. The Indians were of a large stature, nimble and well formed, and generally naked. The whole country which the Spaniards had passed over was flat and sandy, interspersed with troublesome bogs, and abounding in walnut, oak, laurel, fir, cedar; pine, and low palm trees. They re- mained twenty-five days at Apalache, and made several ex~ cursions into the country, which they found thinly inhabited and wretchedly poor. A cacique, whom they took prisoner, told them that his town and district were the best in that whole region, and that beyond it the inhabitants were less numerous, and the land was poorer. Narvaez therefore concluded not to attempt to push his conquests farther, but to return towards the sea. After a march of eight days through a desert country, they came to the town of Ante, where they obtained a small supply of corn, pompions, and kidney-beans. This place appears to have been situated on the river of St Marks, probably near the present town of St Marks. From Ante p~ .TVew Series, .Aa. 7. 9 66 Porida. [July, party was sent to explore the sea-coast. They returned on the third day with information that shallow bays and creeks ex- tended far inland, that the sea was remote, and that the face of the land was rude and dismal. The men had now become sickly, and had lost nearly all their horses. They had travel- led two hundred and eighty leagues since they landed, and in the whole distance had seen neither mountain nor hill. They were subject to the continual attacks of the natives, in which ten of their number had been killed. Having contrived to build five wretched boats, with such materials as they could procure, making ropes of their horses manes and tails, and sails by sewing together shirts, they embarked, September 22, and proceeded down into the bay. After wandering here some days, where they suffered the severest hardships, they were separated by a storm, in which the boats were all wrecked, and three of them with their whole crews were lost. Eighty persons from the other two boats got on shore, upon an island, naked and without arms. The natives took compassion on them, and furnished them with provisions, as long as they had any to offer. They remained upon this island from October to April, subsisting in part upon roots. Many of them died of hunger, and the survivors fed on their flesh. Before spring their number was reduced to fifteen, and four only, one of whom was named Cabeca de Vaca, after long wanderings and a variety of adventures for the space of seven years among the savages, at length reached the Spanish settlements of Mexico, and thence returned to Spain. Pamphilo de Narvaez, the commander, was never heard of after the wreck of the boats, though there was a report that he had penetrated to the South Seas. After these disasters, Florida was for several years neglected. At length Ferdinand de Soto, a soldier who had acquired vast wealth in Peru, was appointed, by the emperor Charles V, governor of Cuba, with the title of General of FJorida, and I~1arquess of the lands which he might conquer. About this time Cabeca de Vaca returned to Spain, and gave such an account of his adventures, and of the wealth of the regions through which he had passed, as excited an unconquerable curiosity, at the court of Spain, to explore the country. Soto fitted out a splendid expedition, and was accompanied by a great number of gentlemen, who disposed of large estates in Spain, to raise the means for equipping themselves to follow 1821.) Florida. him. Several Portuguese gentlemen also enlisted in the cause, one of whom after his return wrote an interesting his- tory of the expedition. They left Spain in April 1538; and sailed from Havana with nine yessels, having on board six hundred men, two hundred and thirteen horses, and a herd of swine, on the 18th of May of the following year. After a short voyage they arrived in the bay of Espiritu Santo and there landed. We do not propose here to give even a sketch of the pere- grinations and exploits of this extraordinary man. They are fully detailed in several works, to the best of which we have above alluded, lie spent the summer after he landed, and the following winter, in the peninsula of Florida, not far dis- tant from the bay of Apalache; and in the beginning of the following spring, he sent back his vessels to Cuba for sup- plies. Leaving a part of his men at the port, he then marched towards the north and east, in search of a place called Yupata, where he was informed there was gold. He crossed the river Alatamaha, and probably the Ogechee, and proceeded north- ward towards the sources of the Savannah, and thence westward across the Allegany ridge. After resting for thirty days, in May and June, at a place called Chiaha, where his men lay under the trees, and his horses fed in the meadows, he proceeded south to the town of Mavilla, or Mobile, sending his sick by water; and here he spent the summer. In October he suffered severely by the burning of Mobile. He fought here a great battle with the Indians, in which he killed two thousand men. While here, he heard that his vessels had returned with sup- plies to Ochus, the seat of the town of Pensacola, but he con- cealed the fact from his men, lest they should be impatient to quit the country, and because he did not wish any inforina- flon of his want of success to reach his countrymen. In No- vember he marched in a north-westerly direction eighty leagues to Chicaca, a Chickesaw village on the upper part of the Yazoo river, where he spent the winter. In the following summer he marched again west, and crossed the Mississippi, which he called Rio Grande. In the succeeding spring, after spending the winter at Antiamque, he was taken ill of a fever, brought on by fatigue and anxiety of mind, and on the 21st of May 1542, he died. This event happened at Guacoya, said to be on the bank of the Red River, in latitude 31g. His lieutenant, Moscoso. continued to ramble on the western side Florida. [Ju ly, of the Mississippi till the following summer, when he built seven vessels and descended the river, and after a variety of hardships arrived in Cuba, in September 1543, with three hundred and eleven men in a state of great wretchedness. In 1544 Julian Samanus, Peter Ahumada, and others, soli- cited permission to take possession of the country and to govern it, but the emperor withheld his consent. It was thought better to attempt to convert the natives to the chris- tian religion. Accordingly in 1549, Ludovicus Cancellus, a friar of the order of St Dominic, with four others of the same order, was sent out at the expense of the emperor, to preach the gospel in Florida. He landed unarmed, with his compan- ions and a few sailors. As soon as they came in sight, the natives collected and surrounded them, not to hear -them preach, but to attack them with clubs, as if they had been enemies. Lewis, who had before learned their language, did all that oratory and mild words could do, to sooth their minds, but they were deaf to his persuasions, and fell upon him and killed him, with two of his associates. The others made their escape. It was related by some of the followers of Soto, who had remained in the country and afterwards escaped, that the Indians ate the, flesh of the three friars, and took off their skins entire and hung them upon the shrines of their idols, as a trophy of their victory. After the disastrous and tragical termination of so many attempts to reduce this country under the Spanish dominion, the zeal of the Spaniards began to abate. But the French soon after attempted to establish a colony here. In 1562, John Ribault sailed from France with two men of war, with a large body of troops, and after a voyage of two months arrived on the coast of Florida in latitude 300, near the site of the city of St Augustine, and called the place French Cape. He found the coast low and flat, and covered with lofty trees. He coasted along the shore until he came to the mouth of a beau- tiful river, which he called May, from the season in which the discovery was made. He entered the mouth of the river and landed. His party was received in a friendly manner by the natives, who gave them maize and red and white berries. They went into the woods, but observed nothing remarkable, except trees with red and white berries, on which were multi- tudes of silkworms. They proceeded to explore the coast northerly, as far as the Jordan, one of the principal rivers of 1821.] iiloru?a. 69 Carolina, probably the Santee. The intermediate rivers were named by Ribault from the rivers in France, which they were supposed to resemble. These names, however, are not retain- ed at present, though they are to be found on some of the old maps. The St Marys was called the Seine. They finally resolved on planting their little colony at a place which they called Charlesfort, in St Helena Sound, near the mouth of the Edisto. Twenty-six persons only consented to remain, and the rest returned to France; and Albert, the lieutenant, was left in command of the colony. They were treated in a friendly manner by the natives, from whom they obtained not only partial supplies of provisions, but pearls, chrystal and silver. But thcy made no provision for their future subsist- ence ; they neglected to plant, and dissensions broke out among them. They quarrelled with, and assassinated their commander, and elected another. Finding no relief from their friends in France as tbey expected, they were reduced almost to despair. They finally resolved on building a vessel to carry them back to France. Although destitute of almost every material usual in ship building, they succeeded in con- structing a ship, in which they determined to embark. Their cordage was made from the bark of trees, and their sails from their own clothing and bed linen. They embarked with a very small supply of provisions, and were soon overtaken by a calm, which lasted twenty days. Their provisions became entirely exhausted, and they were reduced to the horrid neces- sity of putting to death one of their number, and feeding on his flesh. A soldier, on whom the lot fell of being first sacri- ficed to prolong the lives of the rest, submitted voluntarily to the measure, and made not the least resistance. Each one stood by to catch his portion of the blood of the victim, and not a drop was wasted. They soon after fell in with an Eng- lish ship, which relieved them from their distress, and carried them into England. It is said that they were presented to Queen Elizabeth, and treated by her with great kindness. In April 1564, Rene de Laudonniere, who had in the former expedition accompanied Ribault, sailed from Havre de Grace, with three ships fitted out by the king to relieve the colony left at Charlesfort. Finding on his arrival that the fort was deserted, he determined to establish himself at the river May. He there selected a spot for a town, on the south side of the river, two leagues from the sea, and erected a fort, IJlorida. [July, which he called Carolina. Some persons have supposed that the seat of this establishment was much farther towards the north, and have traced to it the origin of the name of the two Carolinas. Some have even assigned it a situation as far north as Albemarle Sound, and identified the river May with the Roanoke. This is manifestly erroneous; and although there is a good deal of confusion and inaccuracy in all the early, as well as later accounts of this part of the country, there appears to be abundant reason for supposing that the river May of Ri- bault, was no other than the St Johns. One of the most important early historical documents of this part of the coun-~ try is the narrative of Le Moyne,* preserved by De Bry, which is accompanied by forty-two plates and a map drawn from his own observations. This map, though very imperfect, is in some particulars more correct than those published nearly a liundred years later. Laudcrnniere maintained a friendly intercourse with several native chiefs, and made preparation for an expedition to the Apalachy mountains, where he hoped to find an abundant supply of the precious metals. But a serious disaffection and mutiny arose in his own colony, and he was seized and put in chains. A part of the conspirators afterwards took the vessels which remained in Florida, and went on a piratical cruise in the gulf of Mexico, in consequence of which Laudonniere regained his liberty, and the command of the remaining por- tion of the emigrants. But their merchandise for trade with the Indians being exhausted, and supplies of provisions in con- sequence failing, they resolved on abandoning their post. Their distress was increased by a remarkable scarcity of game, and an entire failure of the fish in the river. They built two vessels, in which they determined to attempt a voy- age to France, but after they had destroyed their fort, and were preparing to embark, Capt Hawkins, an Englishman, with four vessels, came into the mouth of the river in pursuit of water. The French commander purchased of him one of his ships and a stock of provisions. Soon after this occur- rence Ribault, also with seven ships from France, having on board a powerful reinforcement of troops and settlers, appear- Qd at the mouth of the river. Ifiatoria Luctuo& a Expeditionis Gallorum in Floridam, published by De Bry, 1591, subjoined also to the Latin translation of Benzone, published f.y Vignon, 157& 1821.] Florida. Accounts had been sent to France of the conduct of Lan-. donniere, which led the government to suspect his fidelity. It was on this account that they sent out under Ribault so strong an armament. A great number of gentlemen and oh- cers, who had been left by the recent peace out of employ, joined the expedition. Ribault on his arrival was much sur- prised at the proofs of Laudonnieres fidelity, and he offered to leave him in command of the fort; but the latter refused, being determined to return to France. His departure was delayed by the exertions for the repair of the fort, and in the mean time six Spanish vessels under the command of Don Pedro Menendez, arrived and anchored at the mouth of the river. Philip II. had made to Menendez a grant of Florida, with extensive privileges and prerogatives, on condition that he would make an accurate chart of the coast, a condition which he never performed; and he now arrived with eight hundred men to take possession of his province, and to drive out the heretics, who had lately planted themselves in the coun- try. He had left Cadiz with a much larger force, which with the reinforcements received at the Canary Islands, amounted to twenty six hundred men. His fleet, however, had been scattered by a storm, and he arrived on the coast of Florida with but six ships. He passed by the river of Dauphins, which he named St Augustine, from the festival of the day when he discovered it. Four of the ships of Ribault lay at anchor out side of the bar of the river May, and were near being taken by him, but they escaped, and he returned to St Augustine. The four French ships returned to their anchor- age, and, after consultation, Ribault determined to embark his troops and to proceed immediately to attack his enemy. In a few days they sailed from the river, leaving Laudonniere, and all the women and children, with the sick and disabled, and not more than twenty able bodied men in the fort. Ribault soon came in sight of the Spanish ships, at anchor before St Augus- tine, where Menendez had begun to build a fort. This was the first establishment of the city of St Augustine. Ribault was on the point of making an attack, when suddenly a violent wind arose, and he was obliged to abandon his prey, at the moment when he thought it in his power. He stood out to sea, as far as possible, but the storm became so violent, that after be- ing forced a great distance towards the north, the ships were all driven upon the shore and dashed to pieces. The inert 72 Florida. [July, succeeded in escaping to the shore with the loss of but a single individual. They were however naked, and without arms or provisions. Ribault immediately resolved on attempting to reach fort Caroline by land, distant about fifty miles. In performing this journey, over a country not inhabited even by savages, and full of swamps and creeks, they endured the greatest hardships. Having, as they thought, nearly overcome all difficulties, and arrived in the vicinity of the fort, they stopped, and sent for- ward a number of men to reconnoitre the fort, and see xvheth- er the feeble party left there still retained possession of it. On approaching their citadel, they were astonished to find the Spanish flag flying upon it. This news being reported to the famished army, they were filled with horror and dismay. They knew the cruel disposition of the Spaniards, who regarded them as heretics and outlaws, and they were already perishing from fatigue and famine. The feeble garrison, left under the command of Laudon- niere, who was confined to his bed by sickness, had remained for several days after the departure of their fleet in a state of the greatest anxiety. They were aware of the danger to which the ships had been exposed from the storm, and knew also that they were themselves in their ruined fort liable every mo- ment to be attacked by the Spaniards, who might approach them by land. Several days passed without any news of the fate of their companions. On a certain morning, at sunrise, after the feeble guard, who had kept watch through the night, worn out with fatigue, had retired to rest, the whole garrison being quiet in their beds, three hundred Spaniards rushed from three different quarters into the fort, and began an indiscrimi- nate slaughter of every one they met. A few individuals, among whom was the commander of the fort, made their es- cape, and after various disasters arrived in France. The rest, men, women, and children, were cruelly put to death. Such was the state of things, on the arrival of Ribault before the fort, after his toilsome journey, and he resolved on sending a flag of truce to the Spanish commander. His messengers ~vere met by a number of Spaniards, who came out to them in a boat. They inquired after the French who had been left in the fort. The Spaniards answered that Menendez, a man of great kindness and humanity, had put them into a ship fur- rushed with every thing necessary, and sent them back to 1821.3 Florida. iO France, and that he was willing to treat Ribault and his follow- ers in the same generous manner. An officer was afterwards sent to the Spanish commander, with the offer of a surrender, on condition that their lives should be spared, and they should be sent to France. Menendez swore in the most solemn man- ner to observe these conditions, but as soon as the prisoners were brought across the river, they had their hands bound be- hind them, and they were all put to death. One soldier only escaped. The Spanish commander declared that he did not slay them as Frenchmen, but as Lutherans and infidels. The whole number of the French colony who thus perished ex- ceeded nine hundred persons. The French and Spanish nations in the mean time were at peace, and no measures were taken by the king of France to avenge this atrocious outrage. But De Gourgues, a French nobleman, determined at his own risk to punish this act of cruelty and the insult offered to his nation. He fitted out at his own expense, three ships with eighty sailors, and a hun- dred and fifty soldiers, and sailed in August, 1567, for Florida. He arrived after a long voyage, at the mouth of the river May, and was saluted by the Spaniards, who mistook him for some one of their own nation. To confirm them in their error he returned the salute, and passed on to the St Marys, where he landed. He there assembled a body of the natives, who were strongly attached to the French, and hostile to the Span~ iard, and enjoining on them the strictest secrecy, marched on towards the St Johns. The Spaniards had rebuilt fort Carolina, changing the name of it to St Matthe0, and construct- ed two other forts nearer the sea. The three were garrisoned by four hundred men. The French and Indians entered the forts by surprise, killed a great number of men in the assault, and took all the rest and hung them on the nearest trees, say- ing, they did not hang them as Spaniards, but as traitors, mur- derers, and robbers. De Gourgues, having accomplished his object, destroyed the fortifications on the river May, and returned to France. The French made no further attempt to establish them~elves in Florida. Purchas, after briefly recapitulating the early history of this ill-fated territory, says, Thus bath Florida been first courted by the English, wooed by the Spanish, al- most wonne by the French, and yet remains a rich and beau- tiful virgin, waiting until her neighbour Virginia, bestow on ~New Series, .No. 7. 10 .74 Florida. [July1 her an English bridegroome, who as making the first love, may lay the justest challenge unto her. Florida, as described in the charter granted by Philip IL to Menendez extended from Newfoundland on the north to the river of Palms, on the west side of the gulf of Mexico, in latitude 25~, or according to other accounts 220, probably the Rio del Tigre or the Santander, or perhaps the Tampico. In this broad extent it was sometimes taken by the Spanish ~vriters, according to De Laet, as late as 1633. But accor- ding to the same writer, what was then properly called Flor- ida, was bounded on the west by New Spain, and on the north by Virginia, afterwards Carolina. In the drnerique of Sanson, of Abberville, the celebrated French geographer, it is described as follows. Florida is situated between New France and New Spain, and extends from the river of Palms, which bounds the province of Panu- co in New Spain, to the river Jordan, which separates it from Virginia, which I call New France. The map of Sanson conforms with this description. The Spaniards had then two settlements on the Atlantic coast, St Augustine, and St Mattheo on the St Johns, and none on the gulf of Mexico. The country north of the St Johns remaining unoccupied, king Charles II. of England, in 1663, made a grant to the Earl of Clarendon and others of all the tract of country extending from Virginia on the north, to the river San Mattheo on the south, and extending west in a direct line to the South Seas. Afterwards, March 24, 1667, a new charter was granted, by which the boundaries were made to extend from 290 to 36~, north latitude, and from these points westward by par- allel lines to the Pacific ocean. Either boundary would embrace within it the whole of what has been since named West Florida; the whole of that colony lying north of the latitude of the mouth of San Mattheo, or St Johns river. The English did not by virtue of this grant make any permanent settlements on the Gulf of Mexico, but they formed establish- ments there for trade with the Indians. Settlements under these patents were early made at Port Royal and Charleston, and extended to other points on the coast. The conflicting claims of the Spaniards in Florida, and the English in Carolina, produced a state of hostility which lasted many years, and the controversy was maintained, not only between the colonists, but between the mother countries. 1821] Florida. 75 By the seventh article of the treaty concluded between Great Bfitain and Spain, as early as the year 1670, it was stipulated that the king of Great Britain and his subjects should remain in possession of what they then possessed in the West Indies and America. This was an acknowledgment of an important principle, which was also recognized in several subsequent treaties, but the difficulty was to apply it. It was finally agreed by the treaty of Seville, in 1729, that commissioners should be appointed by the courts of England and Spain, to settle their mutual pretensions in relation to trade, and boundaries in America. Commissioners were appointed, and met at Madrid, but they did not bring their conferences to a success- ful termination.* In Jan. 1739, the convention of Pardo was concluded, by which it was agreed that immediately after the signing of the convention, two ministers plenipotentiaries, should be named by the parties respectively, to meet at Mad- rid within the space of six weeks from the date of the ex- change of ratifications, and to regulate the pretensions of the two crowns in relation to trade and navigation, and to the limits of Florida and Carolina. In the mean time, orders were to be immediately given by both parties, that no new posts should be taken on the frontier, and that the fortifications should not be increased. Mr Jefferson in a report made by him when Secretary of State, intended to be communicated by way of instruction to the commissioners of the United States in Spain, dated March 18, 1792, alluding to the convention at the Pardo, says, The convention is to be found in the collections of treaties; but the proceedings of the plenipoteutiaries are unknown here. Qu. If it was on that occasion that the southern boundary of Carolina was transferred from the latitude of Mattheo or Sr Johns river, further north to the St Marys, or was it the proclamation of 1763 which first removed this boundary? [If the commissioners can procure in Spain, a copy of what- ever was agreed on in consequence of the convention of the Pardo, it is a desirable state paper here.] The convention of Pardo gave great dissatisfaction in Eng- land, and it was the subject of much discussion in parliament. The excitement was so great that the ministry were obliged a few months after to issue letters of marque against Spain, and although the commissioners were appointed under t~e Hist. Abr4,e6 des Trait~s, ii. 2S2. 70 Florida. [July, convention, and met at Madrid, it is evident from the mani- festo of the king of Spain, issued in August following, and from the reasons given by him for not paying the sum of money stipulated in the convention, that nothing was done in relation to the settlement of limits.* This is also apparent from the remarkable treaty of perpetual alliance, between the courts of France and Spain, of Oct. 25, 1743t the germ of the memorable Family Compact formed nearly twenty years later. The tenth article of this treaty is as fol-~ lows: as the safety of Florida cannot be complete, while the new colony of Georgia is suffered to subsist, the establish- nient of which the English have not been able to the present moment to justify by any good title, their said majesties xviii take measures to compel the English to destroy this new col- ony as well as every other fort which they shall build, in the territory of his most Catholic Majesty in America, and to restore the countries or places belonging to Spain, which the English already occupy or shall occupy during the war. This war lasted until the peace of Aix la Chapelle, and that peace, instead of quieting the claims of England, placed every thing in relation to territories in America on the footing, on which they were or ought to be, before the war. This stipulation renewed the controversy, and it was not terminated until the peace of 1763, which put the whole of Florida into the possession of Great Britain. The king of Great Britain was thus enabled to settle the northern boundary of Florida at will, and it was done by letters patent, issued under the great seal. Having traced thus far the history of the northern boundary, we must go back to an earlier period to examine the princi- ples on which depend the true limits on the west, between Florida and Louisiana. Spain, as before stated, extended her claim to the river of Palms, but for a long period she took no actual possession of the western part of this extensive territory. The French first discovered the river Mississippi by approaching it from Canada through some of its tributary streams, and as early as 1682 had traversed nearly its whole course. In 1684, an expedition was fitted out from France, to explore the mouth of the Mississippi, and to make a settle ~ See these documents in the Parliamentary Debates, 1739. f First published by Flassan. Dip. Francaise, 2d Edit. V. 172. 1821.111 Florida. 577 ment upon it, but they by mistake passed too far West, and founded their colony on the bay of St Bernards, at the mouth of the Colorado, and called it St Louis. This establishment was soon after broken up, and nearly all the settlers perished. In 1699 Mr DIbervilie was sent to explore and settle the mouth of the Mississippi. He stopped at Pensacola, where three hundred Spaniards had three years before formed a settlement. He entered the Mississippi, and named the country Louisiana. He formed a settlement at Dauphine isn A, xxhich subsisted and was maintained for the purpose ci giving a nominal possession to the territory, for a number of years. In 1712, the king of France granted to the sicur Anthony Crozat all the lands possessed by him, bounded by New Mexico and Carolina, including the isle Dauphine, and the river Mississippi from the edge of the sea as far as the IlluiGis, together with the Missouri and Wabash, and all the countries and territories, and the rivers which fall directly or indirectly into that part of the river St Louis. In 1717, Cro.. zat relinquished his grant, and the colony was transferred to the company of the Indies. About this time New Orleans was settled. The establishment at Dauphine island was transferred to Biloxi. In 1722, the head quarters were trans-. ferred from Biloxi to New Orleans, and the settlement at th~ former place was abandoned; a few years afterwards, the colony was again relinquished to the crown of France. About the same time that Iberville sailed from Rochfort for the Mississippi, three ships sailed from England, by order of king William, for the same destination, to take possession of the country for the crown of England. He had conceived the design of settling upon it a colony of French protestants. One of these ships entered the river. The following year an English corvette of twelve guns, was met in the river by the French commander, 20 leagues from its mouth, and ordered to withdraw. The English commander obeyed the order, threatening to return with a stronger force. The part of the river where this incident took place is called Detour aux Iluglois [the English Turn] to this day. The English made no permanent settlement in this country, though they continu- ed to claim it as their territory. Coxe, in his description of Carolina, published in 1722, argues at some length in support of their right to the country. He says that the French had. lately made a settlement called Fort Louis, near the mouth of Florida. [July, the Mobile, which is the usual residence of the governor of Louisiana. In this fort were some companies of soldiers, and from them were sent various detachments to secure the several stations in the interior among the Indians. Between this river and the Mississippi the English had resided peaceably for seve- ral years, and carried on a considerable trade, till about the year 1715, when in consequence of the intrigues of the French, they were either murdered or obliged to retire. The Fiench had in consequence secured to themselves a profitable trade through an extent of five hundred miles of country, of which the English had been before sole masters. The country was covered by the patent of Charles the second to the proprie- tors of Carolina, as well as by that of king Louis to Crozat, or Pie West india company, and the question which had the best right to grant the patent, or what parties had by posses- sion acquired the strongest claim to the country in dispute, was a proper subject of adjustment by negotiation. The question of limits between the American colonies in fact made a subject of discussion at almost every negotiation between the maritime powers, for a long course of years, but these ne- gotiations terminated without any definitive settlement, and in the mean time the colonies were left in a state of perpetual hostility. By the fifth article of the treaty of Utrecht, made in 1713, it was provided, that commissioners should be appointed to de- termine the boundaries between Hudsons bay and the places belonging to France, and it was also provided, that the same commissioners should likewise regulate the boundaries be- tween the French and British colonies in those countries. It does not appear that there were any commissioners appointed, or that there w~s any arrangement made on this subject, under this treaty.* The fifth article of the peace of Aix la Chapelle adopted the status ante 6ellum, in relation to the American colonies, and directed that every thing should be restored to the state in which it was, or ought to be, before the war. This ex- pression, says the author of the Diplc.nnatie Francaise, be- came; from its ambiguity, the foundation of discussions relat- ing to the boundaries of Acadia; and Canada, being bounde4 on the east by the river Mississippi, was a new subject of liti * Diplomatic Francaise, par Flassan, vi. 24~ 1821.] Florida. 79 gation, because the English and the French both claimed a right to the lands situated between this river and the Apala chian mountains. After giving a history of the unsuccessful negotiation on this subject, which is familiar to every one con- versant with the history of this period, the same author says, that France committed a double fault, in not settling the ques- tion of boundaries at the peace of Aix la Chapelle, and in not having afterwards repaired this fault, by voluntary concessions, which would have prevented still greater losses. As to the merits of the question in relation to boundaries, the commis- sioners could never agree; and the boundaries had been al- ways so badly defined, that it is difficult to say on which side ~vas the right.~* While the mother countries were in a state of profound peace, and these negotiations for the settlement of disputes relating to the colonies were going on in Europe, open hos- tilities began between the French and English colonies in this country. The latter became seriously alarmed at the ex- travagant pretensions of the French, and their design, which now became apparent, of uniting their settlements in Louisia- na with those in Canada, by a string of military posts. While Great Britain, says Chief Justice Marshall, in his Life of Washington, claimed an indefinite extent to the west, in con- sequence of her possession of the sea-coast, and as appertain- ing thereto, France insisted on confining her to the eastern side of the Apalachian or Alleghany mountains, and claimed the whole country whose waters run into the Mississippi, in virtue of her right as the first discoverer of that river. The delightful region between the summit of those mountains and the Mississippi was the object for which these two powerful na- tions contended; and it soon became apparent that the sword alone could decide the contest. A Virginian regiment which was sent, under the command of Col. Washington, to protect a grant made to the Ohio company, was attacked by the French and Indians in 175~3. An active campaign was opened in 175F~, and the same year the memorable defeat of Gen. Braddock took place. Yet war was not declared until the following year. It was thus, says the French author, whom we have before quoted, while in Europe overtures of conciliation were mak.~ mg, war broke out in America, kindled by the ambition of the * 4TQ~ vi. 38. 80 Florida~ [July, English, according to the court of Versailles; and according to that of London, by the aggression of the French, who, be- fore any act of hostility, had sought to dislodge the English from a post situated in the government of Virginia, and had in view extending their sway over the whole country watered by the Ohio and Mississi~pi.* In 1756 war was openly declared by Great Britain. After five years of actual hostilities, in the course of which Great Britain, with the assistance of her colonies, had conquered Canada, negotiations were opened for peace. France propos- ed to cede and guaranty Canada to England on four conditions; one of which was, that the limits of Canada on the side of Louisiana, should be immediately and clearly fixed, as well as those of Louisiana and Virginia, in such a manner, that after the conclusion of the treaty of peace, there should be no difli- culties between the two nations, upon the interpretation of the limits in relation to Louisiana, either on the side of Canada or on the side of the other English possessions.t France made a more specific proposition in relation to the limits of Louisia- na, in which she proposed that the Indian nations between Louisiana and the English colonies should be considered neu- tral, but under the protection of France. Mr Pitt replied to this proposition: In regard to fixing the limits of Louisiana, on the side of Canada or the English possessions situated up- on the Ohio, and also on the side of Virginia, it can never be admitted that all which is not Canada shall belong to Louisia- na, nor that the bounds of the last mentioned province shall extend to the confines of Virginia, or of the British posses- sions on the banks of the Ohio. The nations and countries which lie between, and which form the true barrier between the said provinces, cannot on any consideration be directly, or by necessary consequence, added to France by allowing them to be admitted, as included in the desqription of the limits of Louisiana.t The French governme ~treplied to this note in the following terms. France has not affirmed that all that does not belong to Canada belongs to ~ouisiana, but demands that all the intermediate nations be corfsidered as neutral, inde- pendent on the sovereignty of both crowns, and a barrier be- tween them.X~ It was again proposed as a part of the ultima ~ Histoire de la Diplomatic Francaise, p. 30. j Mably, Droit public, iii. 271. * Note to Mr Bussy, July 29, 1761. ~ Memoire Historicjue stir la negotiation par le Duo de Choiseul. 1821.] Florida. 81 turn of France, that the boundaries of Louisiana should be regulated upon a map, in such manner that they might be par- ticularly delineated before the signature of the treaty, and Mr Bussy was ordered to agree to the limits according to the English map. Mr Pitt agreed to the ultimatum of France, with certain exceptions, the first of which was as follows. The limits of Louisiana, as drawn in a note from Mr Bussy to Mr Pitt, dated August 18th, cannot be admitted,because they in one part include vast countries which Vaudreuil yielded to England, under the description of Canada, and in another, ex- tensive countries and numerous nations, who have been always reputed to be under the protection of England. France made another proposition, containing a modification of her ultimatum relative to Louisiana, but the British government made no an- swer, and closed the negotiation. This whole negotiation was conducted upon the express admission that the boundary of Louisiana was unsettled, and was to be fixed by treaty between the conflicting claimants. There is not a diplomatic note, or an official document of any de.. scription extant, that we have been able to find, in which it is pretended that there was any settled boundary to that province, previous to the period of which we have been speaking. The French claimed an extensive tract of country on this side the Mississippi, extending from the gulf of Mexico to the lakes, but it was uniformly regarded as a disputed, as well as an in- definite claim. Accordingly we find in all the maps publish- ed before the year 1763, a great variety in the extent which is given to the province of Louisiana. If France had an undis- puted claim on the east of the Mississippi below 310 N. lati.. tude, she had also in 320 and 360. Most of the old French maps, indeed, carry Louisiana much farther eastwardly, in the northern part, than they do opposite to Floridasome of them for instance as far as Flint river. We have not observed any map of any considerable note, that makes the Perdido the boundary between Louisiana and Florida. In the chart of the coasts of Louisiana and Florida, made at the depot of maps, plans, & c. of the marine, by order of the duke de Choiseul, the French prime minister, underwhose direction the negotiation we have spoken of was carried on, although the boundary is not definitely laid down, Florida extends beyond the Perdido, and as far as the Mobile. We do not find the slightest authority, for assuming the Perdido as the boundary on the side of Flori- Arew Series, No. 7. 11 [July, Florida. da, except that it is so marked in some of the inferior French maps, for no better reason probably than that it was the nearest river to Pensacola, an acknowledged Spanish post. In an atlas now before us, published at Amsterdam in 1757, Car- olina extends to the Mississippi, from its mouth. In another map of the same collection in the Dutch language, Georgia. extends to the mouth of the Mississippi. Of the maps pub- lished from 1719 to 1764 much the greater number do not fix any definite eastern boundary to Louisiana, except those which bring it to the Mississippi. This we mention, not to prove that the Mississippi was the proper boundary, but to show that the limit was considered as a subject which was unsettled, and to be determined by negotiation. Such a negotiation was be- gun, as we have shown, in 1761, and proved fruitless. It was renewed, however, the following year, with better success. The propositions already entertained were assumed as the basis of the new negotiation. We have not the particular history of the discussions then held in relation to this ques- tion, but we have the result of them in the sixth article of the preliminary treaty of peace, signed November 3d, 1762, and the seventh article of the definitive treaty, signed at Paris, February 10th, 1763, viz. In order to establish peace on solid and durable foundations, and to remove forever every subject of dispute in relation to the limits of the British and French territories on the continent of America, it is agreed for the future, that the confines between the states of his Britannic majesty and those of his most chris- tian majesty, in that part of the world, shall be irrevocably fixed by a line drawn through the middle of the river Missis- sippi, from its source to the river Iberville, and thence by a line drawn through the middle of this river, and the lakes Maurepas and Ponchartrain to the sea; and to this end the most christian king cedes in full property and guaranties to his Britannic majesty, the river and port of Mobile, and all that he possesses or should possess on the left side of the river Mississippi, with the exception of the city of New Orleans, and the island on which it is situated, which shall remain to France. This was the first settlement of the disputed boundary; and the eastern bank of the Mississippi was by this stipulation yielded to Great Britain, not as a conquered territory, for the lEnglish had made no conquests in that quarter, but ~is a 1821.1 Florida. 83 country to which the English had before the war a rightful claim, and that not as a part of Louisiana, but as a part of Virginia, the Carolinas, and Georgia, in the patents of which colonies it was all included, it is by virtue of charters granted long be- fore the date of this treaty, that the claims of those colo- nies, since become independent states, have been extended to the Mississippi. If those claims were not well founded, how could these states, in ceding their western territories to the United States, impose burdensome conditions, as the price for which they relinquished their title? By what right did the state of Georgia in 1802, in ceding to the United States the lands lying between the Chatahouchee and Mississippi rivers, demand in consideration of this cession, one million two hundred and fifty thousand dollars in money, besides other considerations, which have already cost the government of the union several hundred thousand dollars, if the charter of Georgia, granted by the king of Great Britain before the treaty of 1763, did not extend to the Mississippi? It cannot be contended that one rule of construction is to be adopted in relation to that part of the boundary line of Louisiana, which divides the province from the United States, and another in relation to that part which divides it from Florida. If the treaty of 1763 was the acknowledgment of a previously ex- isting right in Great Britain, to the western territories of Vir- ginia, Carolina, and Georgia, it was a like acknowledgment of her right to Florida westward of the Mobile. There is not a document extant, published before the late cession of Lou- isiana, which makes any distinction in this respect. To admit, therefore, that France ever lawfully possessed an inch of ter- ritory east of the line drawn by the treaty of 1763, is to anni- hilate the claims of Virginia, the Carolinas and Georgia beyond the mountains, under their charters granted before the date of that treaty. The French were in possession when the treaty was made not only of the military post at Mobile in Florida, but of forts Tombeckby and Thoulouse, each more than a hundred miles north of the Florida line; and of several other posts farther north. Not only the history of the negotiation, and the terms of the treaty itself, but the uniform language of the historians of this period, show that this transaction was not regarded as a cession of a part of Louisiana, but as a defini- tion of the boundaries of that colony, as possessed by France. 84 Florida. ~July, By a secret treaty between the courts of Versailles and Madrid, signed on the same day with the preliminary treaty of peace, November 3d, 1762, and which has never been pub- lished, Louisiana and the city of New Orleans were ceded to Spain. The French inhabitants of Louisiana, however, had no knowledge of this cession until April 21st, 1764.* They protested earnestly against the transfer, and the Span- iards did not take possession of the colony until August 18th, 1769. The king of France, in a letter of instructions to Mons. LAbbadie, director general and commandant of Louisiana, says, that by a special act, done at Fontainbleau, November 3d, 1762, he has ceded to the king of Spain in full property, purely and simply, and without any exceptions, the whole country known by the name of Louisiana, together with New Orleans, and the island in which said city is situated.t This letter furnishes additional proof, if any can be supposed to be necessary, that France, in acknowledging the Mississippi as the boundary, did not consider that act a cession of a part of Louisiana to Great Britain, but an admission that the whole country known by the name of Louisiana, as rightfully pos- sessed by France, was situated on the west of that river. The king of Spain who was a party to the treaty of Paris of 1763, by the twentieth article, ceded to Great Britain; Florida and all that Spain possessed on the continent east of the Mis- sissippi. In consequence of this treaty, the king of Great Britain, on the 7th of October, issued his proclamation, declar. ing that he had, by letters patent under the great seal, erected within the countries ceded and confirmed to him by the treaty, four distinct and separate governments, viz. Quebec, East Florida, West Florida, and Grenada. East Florida was bounded west by the gulf of Mexico and the Apalachicola river; north by a line drawn from the mouth of Flint river, to the source of the St Marys, and by the course of that river to the ocean; east and south by the Atlantic ocean and the gulf of Florida, including all islands within six leagues of the sea coast. These are the precise boundaries which this province retains to this day. West Florida was bounded south by the gulf of Mexico, including the islands within six leagues of the coast; west by lakes Ponchartrain and Maurepas, and the Histoire Abrt~g~e des Trait~s de 1aix. j- EUi~otts Journal; also Laws of the United States, edition of 1814, i. 18!1.] Florida. 85 Mississippi; north by a line drawn along the thirty-first par- allel of latitude; and east by the Chatahouchee and Apalachi- cola rivers. The northern boundary was afterwards extended to a line drawn from the mouth of the Yazoo river due east to the Chatahouchee, that the colony might include the settle- ments at Natchez. The letters patent for an establishment of these governments authorized the governors, as soon as the circumstances of the colonies would admit, to call general assemblies, who with the governor and council should have power to make laws for the good government of the colonies, under the regulations and restrictions used in the other colo- nies. The two colonies thus constituted remained under the administration of British governors, until West Florida was conquered by the Spanish arms in 1779 and 1780, and that colony with East Florida was relinquished by treaty. By the treaty of peace between Great Britain, France and Spain, the former ceded and guarantied to Spain, in full pro- perty, both East and West Florida. The treaty between Great Britain and the United States, however, made on the same day, established the southern boundary of the United States, forming also the northern boundary of West Florida, on a line drawn along the thirty-first parallel of latitude, from the Mis- sissippi to the Chatahouchee. Spain remained in possession of West Florida with the limits which had been given to it under the British government, until the settlement of the boun- dary line between the United States and Florida in the year 1797. It was then with difficulty that the Spanish command- ant at Natchez was induced to surrender that post to the offi- cer of the United States~ Spain in the mean time continued to govern West Florida, including Natchez, and the other set- tlements on the left bank of the Mississippi as a distinct colo- ny. The governor at Natchez, however, was subordinate to the governor general at New Orleans, who had the title of Commandant General of Louisiana, West Florida, & c. October 27th, 1795, a treaty of friendship, limits, and navi- gation was concluded between the United States and Spain. By this treaty it is agreed that the boundary between the United States and the colony of Louisiana is in the middle of the channel of the Mississippi; and that the southern boun-~ dary of the United States, which divides their territory from the Spanish colonies of East and West Florida, shall be designated by a line, beginning on. the river Mississippi at the northern- ~ti Florida. [July, most part of the thirty-first degree of latitude. This shows that it was still understood by the governments of Spain and the United States, that the colony of West Florida extended to the Mississippi. By another article of the treaty it is agreed, in consequence of the stipulation relative to the boundary, that the citizens of the United States shall have permission to deposite their merchandise and effects at New Orleans, or at some other equivalent establishment on the bank of the Mis- sissippi. It is agreed by the same treaty, that the navigation of the Mississippi in its whole breadth shall be free to subjects of Spain, and citizens of the United States. On the first of October 1800, by a treaty no part of which except the article here cited has been published, made at St Ildephonso betxveen the king of Spain and the first consul of the French republic, it was agreed as follows; his catholic majesty promises and engages on his part to retrocede to the French republic, six months after the full and entire execu- tion of the conditions and stipulations herein relative to his royal highness the Duke of Parma, the colony or province of Louisiana with the same extent that it now has in the hands of Spain, and that it had when France possessed it; and such as it ought to be after the treaties subsequently entered into between Spain and other states. Before possession of this colony was actually given to France, by virtue of this retro- cession, the treaty was made between France and the United States, dated at Paris, April 30th, 1803, by which the province. of Louisiana was ceded to the United States, with all its right and appurtenances, as fully and in the same manner as they have been acquired by the French republic, in virtue of the abovementioned treaty. The government of the United States, in taking possession of the country thus ceded to them, have considered them- selves not bound by the definition of the limits of Louisiana in the treaty of 1763; but on the ground that when France formerly possessed that province, it extended to the river Per- dido, they have considered that part of West Florida lying between the Mississippi and the Perdido as a part of Lou- isiana, and have accordingly, by virtue of the Louisiana treaty, taken possession of that country, and annexed to it the states of Mississippi and Alabama. Upon the construction of the passage just cited, of the treaty of Ildephonso, depends the extent of the territory ac 1821.) Florida. quired by the United States, under the treaty of 1803; but that construction can be settled only by reference to the his- tory of the previous transactions. We have, therefore, given~ a brief narrative of the material facts which have a bearing upon the question. If the view of facts which we have given be correct, and we find no authority for any different view1 the language of the treaty now quoted admits of but one inter- pretation, which is in substance as follows; his catholic ma- jesty promises to cede back to the French republic the colony or province of Louisiana, with the same extent that it now has in the hands of Spain, and that it had when ceded to her by France; subject, however, to such engagements as have been since entered into in relation to it, between Spain and other states. The territory ceded, as described in the treaty is, 1st, the colony or province of Louisiana. The country lying between the Mississippi and the Perdido did not at the time when the treaty was made constitute a part of Louisiana, but formed an important part of another province, known both officially and in historical and geographical works, and in com- mon language, in Spain, France, and America, under the name of West Florida. 2d. It is Louisiana with the same extent that it now has in the hands of Spain, and conse- quently bounded on the east by the rivers Mississippi, and Iber- ville, and the lakes Maurepas and Ponchartrain. 3d. It is to be ceded back with the same extent that it had when France possessed it. What more obvious meaning can be given to this clause, than that it was to be ceded back with the same extent that it had when France ceded it? But grant that this construction will admit of doubt, it has been seen that France never possessed, by a clear title, any thing east of the Missis- sippi; that what she claimed beyond this river always was disputed, and when the boundary was settled, the whole east bank of the river was given to her adversary, expressly on the ground of a previous right, and not as a cession of a purchased or conquered country; that France possessed Louisiana, actu- ally bounded by the Mississippi, from the year 1763 to 1769; and finally that the king of France, when he informed the governor of Louisiana of the cession to Spain, told him that he had ceded without any exceptions the whole country known by the name of Louisiana. It cannot be pretended that the words used in the treaty of Ildephonso, with the ex- tent that it had xvhea France posses6ed it, are of naore exten 88 Florida~ [July, sive import than the words of the king of France immediately after the treaty of 1763, the whole country known by the name of Louisiana, without any exceptions; yet it is perfectly well known that the latter description was meant to apply only to Louisiana, as it was bounded east by the Mississippi and the Iberville. The conclusion is irresistible, that this part of the description Was not intended to enlarge the actual province of Louisiana. 4th. It is ceded back to France such as it ought to be after the treaties subsequently entered into between Spain and other states. And what ought it to be subsequently to the treaties alluded to? Had Spain made any treaties by which she engaged to enlarge the boundaries of Louisiana? No; but she had entered into a treaty with Great Britain by which she had acquired East and West Florida, and it is con- tended that this is the treaty alluded to. But with what propriety is it argued, that what West Florida obtained from Great Britain ~by the name of West Florida, and retained by the name of West Florida, ought to become a part of Louisiana, when there is no engagement in that treaty, or in any other document, to annex it to Louisiana? But on the other hand Spain bad entered into a treaty with another power, viz, with the United States, restraining the limits of Louisiana, and subjecting that province to certain territorial engagements. It is these engage- ments which France ought to have assumed in obtaining the retrocession of Louisiana, and it is these which we contend these words of the treaty actually embrace. By virtue of this clause, France received Louisiana subject to the stipulations of the treaty of 1795, not only in relation to the eastern boundary, but in relation to the right of deposit, and the navigation of the Mississippi. We avoid, for various reasons, going into any examination of the negotiations for the cession of Lou- isiana and Florida, between France and Spain, and between France and the United States, and also of the negotiations between the United States and Spain in relation to the dis- puted boundary. But be fore closing what we have to say on this topic, we will quote a passage from a state paper of very high authority, in support of the interpretation which we have given of the Louisiana treaty. In the year 1804, Mr Monroe, then our minister pleni- potentiary to the court of Spain, while on his way to Mad- rid, with instructions to open a negotiation for the settle- ment of the disputed boundary, and also for the purchase 1821] Florida. 89 of Florida, and Mr Livingston, our minister plenipotentiary in France, addressed letters to Mr Talleyrand, soliciting of the emperor of France, at that time on the most friendly terms with this country, his good offices with the king of Spain, in accomplishing the objects of the negotiation. They also laid before Mr Talleyrand the translation of a memoir on the limits of Louisiana, which had been sent to them by the Secretary of State. The application of Mr Monroe was an- swered by Mr Talleyrand in an official note, dated December 21st, 1804, from which the following passage is extracted. Among the observations made on this subject by Messrs Liv- ingston and Monroe, his imperial majesty has been obliged to give particular attention to those bearing on the discussions, of which the object is peculiarly interesting to the French government. He has perceived, that he could not be a stranger to the examination of these discussions, since they grow out of the treaty by which France has ceded Louisiana to the United States, and his majesty has thought that an explanation, made with that fidelity which characterizes him, on the eastern boundaries of the ceded terri- tory, would put an end to the differences to which the cession has given rise. France, in giving up Louisiana to the United States, trans- ferred to them all the right over that colony which she had ac- quired from Spain. She could not, nor did she wish to cede any other, and that no room might be left for doubt in this respect, she repeated in her treaty of 30th of April, 1803, the literal ex- pressions of the treaty of St Ildephonso, by which she had acquir- ed that colony two years before. Now it was stipulated in her treaty of the year 1801, that the acquisition ot Louisiana by France was a retrocession; that is to say, that Spain restored to France what she had received from her in 1762. At that period, she had received the territory bounded on the east by the Mississippi, the river Iberville, the lakes Mau- repas and Ponchartrain. The same day France ceded to Eng- land, by the preliminaries of peace, all the territory to the east~ ward. Of this, Spain had received no part, and could, therefore, give back none to France. All the territory lying to the eastward of the Mississippi and the river Iberville, and south of the thirty-second degree of north latitude, bears the name of Florida. It has been constantly desig- nated in that way, during the time that Spain held it; it bears the same name in the treaty of limits between Spain and the United States, and in different notes of Mr Livingston, of a later date than the treaty of retrocession, in which the nanie of Leulsiana is .Neu~ Series, No. 7. 12 Florida. [July, given to the territory on the west side of the Mississippi; of Fla- rida, to that on the east side of it. According to this designation, thus consecrated by time, and even prior to the period when Spain began to possess the whole territory between the 31st degree, the Mississippi and the sea, this country ought, in good faith and justice, to be distinguished from Louisiana. Your excellency knows, that before the preliminaries of 176~, confirmed by the treaty of 1763, the French possessions, situated near the Mississippi, extended as far from the east of this river towards the Ohio and the Illinois, as in the quarters of the Mobile; and you must think it as unnatural, after all the changes of sove- reignty which that part of America has undergone, to give the name of Louisiana to the district of Mobile, as to the territory more to the north on the same bank of the river, which formerly belonged to France. These observations, sir, will be sufficient to dispel every kind of doubt with regard to the extent of the retrocession made by Spain to France, in the month of Vendemaire, An. ix. It was under this impression that the French and Spanish plenipotentia- ries negotiated, and it was under this impression that I have since had occasion to give the necessary explanations when a project was formed to take possession of it. I have laid before his im- perial majesty the negotiations of Madrid, which preceded the treaty of 1801, and his majesty is convinced, that dLlring the whole course of these negotiations the Spanish government has constantly refused to cede any part of the Floridas, even from the Mississippi to the Mobile. His imperial majesty has, moreover, authorized me to declare to you, that at the beginning of the year xi, General Beurnon- ville was charged to open a new negotiation with Spain for the acquisition of the Floridas. This project, which has not been followed by any treaty, is an evident proof that France had not acquired by the treaty, retroceding Louisiana, the country east of the Mississippi. There are other circumstances tending farther to illustrate the view which we have taken of this topic, which we for- bear to enumerate; having already protracted this part of our article to a much greater length than we had intended. We have thought the question, notwithstanding the~settlement of the controversy between our government and that of Spain, still deserving of great consideration. It will probably be- come a question of considerable interest in a pecuniary view, to many of our citizens, as it is already to Spanish claimants of lands in the debatable territory. By the Spanish treaty, the 1821 ~ Florida. 91 amount of claims on Spain for which our citizens get an in- demnity, is charged with interest upon the sales of lands in Florida. As there is little probability that the proceeds of sales of lands in Florida will ever be sufficient to cover the annual interest of the stock proposed to be created, it may be of some consequence to the holders of this stock, that the part of Florida already annexed to the states of Mississippi and Alabama should be considered as included in the pledge of lands for its redemption, and for the payment of the inter- est. XVe return after this long digression, to complete the brief sketch which we have undertaken to give of the principal events in the history of Florida. Menendez, the Spanish governor, rebuilt the fort of St Mattheo, after it was destroyed by De Gourgues, and continued for some time in the com- mand of that place, and of St Augustine. There was less of eclat however in the sequel of his administration, than in its commencement. We have already mentioned that he never fulfilled the condition of his appointment, viz, that he should furnish an accurate chart of the coast of Florida. No survey of this coast was ever made by the Spaniards, though they have been in possession of it for the space of two centuries. A variety of nautical observations were made by Gonzales Carranza, about the year 1718, but they remained in manu- script until they were published in London in 1740. In 1755, Thomas Lopez and Juan de la Cruz, published a marine chart of the gulf of Mexico, and the isles of America, but the coast of Florida is very inaccurately laid down upon it. After Florida came into the possession of Great Britain, the Lords Commissioners of the Admiralty, sent out Mr George Gauld to make a thorough survey of the whole coast. He was employ- ed in surveying the coasts and harbours of West Florida, and the west coast of East Florida from the summer of 1764, to the year 1781, when he was made prisoner by the Spaniards, in their invasion of Florida. These surveys were not published until the year 1790, after the death of Mr Gauld.* Mr Ellicott, speaking of the navigation of this coast, says, Mr Gaulds surveys of the Dry Tortugas and the Florida reef and keys, easterly to Key Largo, made by direction of the Board of Admiralty of Great Britain, may justly be considered as one of the most valuable works of the kind extant.t Much re See Dr Lorimers pamphlet. tJournal, p. 254. 92 Florida. [July, mains to be done by our own government in improving the charts of this dangerous coast. It does not appear precisely at what time Menendez left his government of Florida, but we find him mentioned by Grotius, as unsuccessfully employed in 1575 in another service, and as infamous among his own countrymen for his treachery and cruelty in Florida. In consequence of his failure in the expedition here alluded to, he put an end to his own life. His nephexv, Don Pedro Menendez Marquez, the same person who was admiral of his fleet, on his first Florida expedition, succeeded him as governor of the province, and we find him in the office in the year 1586. This shows the inaccuracy of Mr Brackenridg& s statement, that about the time of the ex~ pedition of De Gourgues, St Augustine and all Florida were abandoned by the Spaniards.* In the year last named, Sir Francis Drake returning with his fleet to England, after a successful cruise, in the course of which he had captured and burned the principal town of St Jago, one of the Cape de Verd islands, levied a contribution of 25,000 ducats on the town of St Domingo, and a sum of 110,000 ducats on Carthagena, after having burned a part of the town ;coasting along the eastern shore of Florida, accidentally discovered a beacon, which he thought indicated that some Spanish settlement was near. No person on board of his fleet had any acquaintance with the coast, but he landed with part of his troops, and marching a little distance up the river, discovered a fort and a town three miles distant. The Spaniards on seeing him approach, after firing a few guns, abandoned the fort with great precipitation, leaving behind fourteen pieces of brass ordnance, and a chest containing 2000 sterling in silver. The garrison consisted of 150 men. The next day, after a slight opposition, he entered the town, which he found was called St Augustine, and that it was, with another post on the St Johns, under the command of Don Pedro Menendez Mar- quez. The valiant admiral was one of the first among the Spaniards, to seek safety by flight. Drake learning that there was another fort at St Mattheo, with a garrison of 150 men, at first resolved on attacking it; but on considering the hazard he should run, from a want of knowledge of the coast, he changed his purpose and proceeded to Virginia, and after Views of Louisiana, p. 16. 1821.] Florida. 93 taking off the infant colony there, returned to England. Hume, speaking of this adventure, says they burned St Anthony and St Helen, two town~s on the coast of Florida.~* There was no such town as either. He plundered and burned St Augustine, but for the reason above mentioned, did not visit the only other town in Florida, distant twelve leagues towards cape St Helens.t After the date of this adventure we hear little of Florida for many years. De Laet in 1633, and Sanson in 1662, describe St Augustine and St Mattheo as the only Spanish settlements in Florida, and the former as the most considerable. In 1665 Capt. Davis, admiral of a squadron of pirates, landed near St Augustine and marched directly to the town, which he took possession of and plundered, without the slightest opposition from a garrison of two hundred men in the fort. The fort at this time consisted of an octagon defended by round towers. In the year 1696 the Spaniards, under Arriola, established a colony at Pensacola, where they erected a fort, called Fort Charles, a church, and several houses. They maintained a small garrison here for several years. About the same time probably they established themselves at St Marks. In the year 1702 Col. Moore, governor of Carolina, procur- ed an act of assembly to be passed, authorizing an expedition against Florida. It is asserted by a historian of that time, that the true design of the expedition was no other than catching and making slaves of Indians, for private advantage.~ This however does not appear to be entitled to much credit, as there was another and more honorable motive for the under- taking. Two thousand pounds were raised to defray the ex- penses, and six hundred English troops, and an equal number of friendly Indians were enlisted. A part of the expedition under Col. Daniel, a brave officer, sailed for the St Johns, there landed and took possession of two small Spanish settlements, and proceeded thence by land to St Augustine, and entered the town without opposition. The inhabitants had retired with their most valuable effects into the castle, and were prepared for a siege. Gov. Moore, arriving the next day with the fleet, landed and entrenched himself before the town. It was found necessary to despatch Col. Daniel to Jamaica to procure mor * History of England. ~ De Lact, 19. t O1dmi~ons British Empire in America, 349. Florida. [July, tars and bombs for carrying on the siege, and in the mean time two Spanish ships of war of twenty two and sixteen guns appearing off the harbour, and being mistaken for ships of a very large size, Gov. Moore hastily raised the siege, and retreated over land to Charleston, a distance of three hundred miles through the wilderness. The fleet was abandoned to the Spaniards, and Col. Daniel on his return from Jamaica came near being taken prisoner. The Spanish garrison did not ex- ceed two hundred men. By this expedition the province of Carolina incurred a debt of six thousand pounds, and the fail- ure of the enterprise caused great discontent. To wipe off the ignominy of this failure, another expedition was soon un- dertaken against the Apalachian Indians, which was attended with better success. The governor, at the head of a body of militia and friendly Indians, entered their territory, and laid several of their towns in ashes. Charlevoix, the celebrated traveller, while on his return from Louisiana to France in April 1722, was shipwrecked on the iXiartyrs, and with great difficulty escaped the usual fate of those who fall on these dangerous shoals. He succeeded, after severe hardships, in getting into St Marks. He relates that the Spaniards had formerly had a considerable establishment there, but that in the year 1704 it was attacked by the English from Carolina, and a large party of Indianstaken, and destroyed; that at that time the garrison, which had previously been much larger, consisted of only thirty-two men ; and that of this number seventeen were burned by the Indians. At the time of his visit, the Apalachy Indians, who had formerly been masters of an extensive country, were reduced to almost nothing. The forests and prairies were full of cattle and hors- es, which had been introduced by the Spaniards, and had been permitted to multiply. The Spaniards then talked of re- establishing Si Marks on a more respectable scale. It was a dependency on St Augustine, from xvhich it was distant by land eighty leagues. The traveller proceeded thence to St Joseph, on the bay of that name, distant in the direction of Pensacola, about thirty leagues. This was at that time a very considerable place. There was a fort well supplied with artillery, and with a nu- merous garrison. There were several officers, most of whom had their families with them. The houses were neat, conven- ient, and well furnished. But he remarks of this post, which 1821.1 F1orid~ 95 has been long since entirely deserted, I do not believe there is a place in the world where one ought less to expect to find men, especially Europeans, than at St Joseph. The situation of the bay, its coast, its soil, every thing that surrounds it, is such that one cannot comprehend the reason which should in.. duce the Spaniards to establish themselves there; a fiat coast, exposed to every wind; a barren sand, a forlorn country that can have no kind of commerce, & c. The motive of the Spaniards in retaining possession of this unpropitious spot was to keep the French from it. The French had previously at- tempted to plant themselves there, but had been driven away by force, before they had learned that the place was unfit for habitation. In 1716 a number of West India traders fitted out from Jamaica a squadron of four vessels, and placed them under the command of Henry Jennings, for the purpose of making re- prisals on the Spaniards for the losses they had sustained from their guarde de c6tes, which had, under various pretences, de- tained and confiscated many of their vessels. They sailed for the Martyrs, and there found the Spaniards engaged in recov- ering a part of the treasure which had been lost two years be- fore in the wreck of the Plate fleet, on its voyage to Europe~ The little fleet came to anchor and suddenly landed three hun- dred men, who attacked and dispersed the Spanish guard, and seized 350,000 pieces of eight, that had been recovered by the divers, and were deposited on shore. With this money they returned safely to Jamaica. In May 1719 Pensacola was suddenly attacked by four hun- dred French troops from Louisiana, and eight hundred In- dians. The garrison, which consisted of only a hundred and fifty Spanish troops, surrendered on condition of being con-~ veyed with their baggage to Havana. The French ships which were sent to Havana, in execution of this agreement, were met, attacked, and captured near their port of destination by a fleet, which had just sailed for the purpose of making a hos- tile visit to Carolina. The Spanish fleet returned to Havana with these prizes, and its destination being changed, was imme- diately sent with this reinforcement to repossess the town of Pensacola. They arrived in August before Pensacola, having a force of eighteen hundred men, six hundred of whom were regular troops. The French garrison was obliged to surren- der as prisoners of war. In September the French again ap 96 Florida. [July, p eared off the place with six large ships full of troops, and the Indians invested it by land. The ships attacked and battered down a stockaded fort which had been built on the point of the island St Rosa, and defeated the Spanish fleet after an ob- stinate resistance of two hours and a half. The garrison of the great fort then surrendered, being apprehensive of the re- sult of an assault from so powerful a force, consisting in great part of Indians. The French continued to keep possession of the place until the peace in 1722, when it was restored by treaty to the Spaniards. They soon after transferred to it the garrison and inhabitants of St Joseph, and en4eavoured to render it a place of some importance. While it remained in the hands of the French it was visited by Charlevoix. In describing his voyage from Pensacola to Louisiana he says, we left on the right the Rio de los Perdidos, a river celebrat- ed by the shipwreck of a Spanish ship, the loss of ~vhich, with her whole crew, gave rise to this name. In 1726 a small town was built on the west side of Rosa island, near the present fort, on the bay of Pensacola. In 1754 the town was removed to the place where it now stands. After the English took possession of the province, a full examination was made, with a view of ascertaining the best situation in the bay for the town, and the present site being preferred, the town was regularly laid out. This was in the year 1765. The town is of an oblong form, and lies parallel to the beach. It is a mile in length, and a quarter of a mile in breadth. It is partly surrounded by two brooks, which rise under Gage hill, and discharge themselves one at each extremity of the town. The soil is sandy, but with proper attention gardens are made to produce a great plenty of vegetables, and oranges, figs, and peaches are raised here in perfection. In 1740 Florida was invaded by a force, consisting of more than two thousand men, raised by great exertions and at great expense in Georgia, the two Carolinas, and Viro~inia, and led by Gen. Oglethorpe, assisted by a small squadron of British ships of xvar. This expedition, which it had been confidently ex- pected would crush the Spanish power in Florida, though ap- parently conducted with skill and spirit on the part of the com- manding officer, entirely failed. Two years afterwards, Geor- gia, in her turn, was inyaded by a still larger force fitted out at Havana and St Augustine, but this expedition of the Span- lards proved equally unsuccessful with that, with which they 1821.1 Floritb1 a. 97 themselves had been threatened. They entered the Alatama. ha, and after landing their troops, and menacing the town of Frederica, they were so effectually resisted by Gen. Ogle.. thorpe, that they reembarked with great precipitation, leaving behind them a part of their artillery and military stores. The details of these two enterprises are familiar to every reader of American history. Florida, when it was ceded to Great Britain by the treaty of 1763, contained about three thousand inhabitants; but these, on its transfer to its new owners, all retired to the island of Cuba; so that Great Britain acquired, strickly speaking, noth- ing but a desert. The value of this desert they greatly over- rated, and high expectations were entertained of rendering it a flourishing and productive colony. Great efforts were made for this object. Considerable grants were made by the govern- ment to encourage the settlement and cultivation of the coun- try, and several attempts were made by private companies to establish plantations here. In 1765, Gov. Brown led to Florida sixty-nine French pro- testants, skilled in the culti.vation of the vine and of silk. He carried out also carpenters, coopers, forgemen, tanners, and other artizans, to the number of two hundred and nine per- sons. All these persons were supported and put in posses- sion of tracts of land of various extent, at the expense of the British government. They planted, in different parts of the colony, rice, tobacco, jalap, and indigo. The government also gave encouragement to the inhabitants of the bay of Hon- duras to form an establishment here. In 1769 alone, parlia.. inent granted more than nine thousand pounds for objects of this nature. In 1767, Dr Trumbull and a company of gentlemen, en- couraged by some promises of aid from the British ministry, established a colony, called New Smyrna, at the mouth of Musquito river. They transported thither, from the island of Minorca, thirteen hundred and forty colonists, principally Greeks, and the rest Italians and Germans. They consisted of whole families, and the greater part were transported at once, in eight large ships. They had an unpleasant voyage, and it is said that although many died, so many were born on the passage, that a greater number landed in Florida than em- barked in Europe. They were furnished with every thing necessary to begin their settlement, by the proprietors .JVew & ries, No. 7. 13 Florida. [July, were provided gratuitously with land, and were required to pay in labor for the other advances made them, according to indentures executed before their emigration. They cultivated corn, indigo, the olive and the vine. They had no slaves. In 1776 they had cleared twenty-three hundred acres of land, were provided with a good stock of domestic animals, had raised produce enough for their own consumption, and had exported sixty-seven thousand five hundred pounds of indigo. The capital advanced by the company was 30,000 sterling. But the settlers became dissatisfied, altercations arose between them and the proprietors, and finally the establishment was entirely broken up. The settlers principally removed to the capital. The length to which this article is already protracted will not admit of our tracing the history of the Floridas under the British administration, nor after its retrocession to Spain. A review of this portion of their history is the less necessary, as the work of Mr Forbes furnishes nearly all that could be de- sired in relation to the most interesting portion of this period. His work relates principally to the history and condition of Florida, and more particularly of East Florida while it was a British province, and furnishes, either from his personal obser- vations, or from unpublished documents, much valuable infor- mation. We regret that we have not room to speak of the work more particularly. In that part which relates to the ear- ly history of the country, and which is very compendious, there are some errors. Of Mr Darbys book we cannot speak with so much com- mendation. It is principally a loose compilation, drawn up with the air of precision, but without that accuracy in details which can command confidence. Take for example the fol- lowing geographical description on the first page. This country, as ceded to the United States by the vecent ratified treaty with Spain, has the Atlantic ocean and the Baha- ma channel tojhe east; Florida or Cuba channel south; the gulf of Mexico west or south-west; Perdido bay and river west; and Alabama and Georgia to the north. Miles. Florida has an exterior limit on the Atlantic ocean, be- tween the mouth of St Marys river and Cape Sable 450 Upon the gulf of Mexico between Cape Sable and the in let of Perdido - - - - - - - - 609 1821.1 Florida. 99 Interior limits, with Alabama, up the Perdido arid to the thirty-first degree of north latitude - - - - 40 Along Alabama and north latitude thirty-one degrees to the right bank of Chatahouchee river - - - - 140 Thence with Georgia, down Chatahouchee, to the junction of that stream and Flint river - - - - - 40 Thence to the source of St Marys river - - 140 Down the St Marys to the mouth - - - - 80 Having an entire outline of - - - 1490 Passing over the assumption, that this country, as ceded by the late treaty, is bounded on the west by Perdido bay and river, it may be observed, that here is a particular statement of the extent of the outline of the country, which one would naturally suppose must be founded on precise information. But on examination it will be found to be only a rough esti- mate, not even founded on the best information that might be obtained. Of the maritime border we are not aware that there has been any admeasurement. But of the interior limits, the western border, which is here stated at forty miles, measures on Mr Darbys own map at least fifty miles. Along Alabama and north latitude 31~ to the right bank of the Chatahouchee river, which is here stated at a hundred and forty miles, ac- cording Mr Ellicotts official survey is a hundred and thirty- four miles. Thence with Georgia, down Chatahouchee river, to the junction of that stream and Flint river~ is stated at forty miles. Mr Ellicotts survey makes it twenty-five miles. Thence to the source of St Marys river, stated at a hundred and forty miles, according to Mr Ellicott is a hun- dred and fifty-seven miles. Down the St Marys to the mouth is stated at eighty miles. The course of the St Ma- rys, as laid down in Mr. Ellicotts maps, if measured in all its ivindings, is at least ninety miles. In the map which accompanies this volume, the peninsula of East Florida is laid down nearly half a degree wider, than we find it in the best marine charts. The author has also made too high an estimate of the superficial extent of this country. But we do not mean to enter into a minute examination of the book. We cannot, however, forbear remarking, that for a work under the assuming title of a memoir on the geography and natural and civil history of Florida, a country about which so much. has been written, and which has been the 100 Botany of the United States. [July, theatre of so many interesting events, this is but a slight and superficial performance. There are many old and rare books, which contain interesting notices of this country; and a me- moir on its natural and civil history, such as might be drawn up from these ample materials, would form a very interesting work. Many of these works, it is true, are not often met with, and for this reason such a work as we have mentioned would be the more valuable. Nearly all the works of value relating to Florida, as well as to every other part of America, are to be found in the library of the Boston Athenicum, as well as in the Ebeling library at Cambridge. We bad intended to annex a list of the choicest books relating to this subject, to be met with in these collections; but it is time to bring this article to a close. AnT. V../Imerican Medical Botany; being a collection of the native Medicinal Plants of the United States, contain- ing their botanical history and chemical analysis, and pro.. perties and uses in medicine, diet, and the arts, with coloured engravings. By Jacob Bigelow, ill. D. Rumford Profes- sor and Lecturer on Meteria Medica and Botany in Har- vard University. Boston, Cummings & Hilliard, 1817~ 1821. 6 nos. or 3 vols. imp. 8vo. A large portion of this work has been before the public long enough to have been duly appreciated; and several notices of it, more or less extended, have already appeared in the lite- rary and scientific journals of the day. We have not, there- fore, made it the subject of this article, in the expectation of giving any wider diffusion to the high reputation of the author, than that which the well known character of his writings has already gained him: but we mean to consider it, in a botani- cal point of view only, for the single purpose of ascertaining what additions it has made to the science of natural history. The task of investigating our botany has, in times past, been too much abandoned to the zeal and curiosity of foreigners, and, with a few honorable exceptions, while we ourselves were devoted to the more profitable employments of commerce and agriculture, a Catesby, a Kalm, a Michaux, or a Pursh was reaping a harvest of fame on our own soil, and teaching us to admire the grandeur of our own majestic forests and luxuriant savannahs. But now that botanical science is flourishing among

Botany of the United States 100-134

100 Botany of the United States. [July, theatre of so many interesting events, this is but a slight and superficial performance. There are many old and rare books, which contain interesting notices of this country; and a me- moir on its natural and civil history, such as might be drawn up from these ample materials, would form a very interesting work. Many of these works, it is true, are not often met with, and for this reason such a work as we have mentioned would be the more valuable. Nearly all the works of value relating to Florida, as well as to every other part of America, are to be found in the library of the Boston Athenicum, as well as in the Ebeling library at Cambridge. We bad intended to annex a list of the choicest books relating to this subject, to be met with in these collections; but it is time to bring this article to a close. AnT. V../Imerican Medical Botany; being a collection of the native Medicinal Plants of the United States, contain- ing their botanical history and chemical analysis, and pro.. perties and uses in medicine, diet, and the arts, with coloured engravings. By Jacob Bigelow, ill. D. Rumford Profes- sor and Lecturer on Meteria Medica and Botany in Har- vard University. Boston, Cummings & Hilliard, 1817~ 1821. 6 nos. or 3 vols. imp. 8vo. A large portion of this work has been before the public long enough to have been duly appreciated; and several notices of it, more or less extended, have already appeared in the lite- rary and scientific journals of the day. We have not, there- fore, made it the subject of this article, in the expectation of giving any wider diffusion to the high reputation of the author, than that which the well known character of his writings has already gained him: but we mean to consider it, in a botani- cal point of view only, for the single purpose of ascertaining what additions it has made to the science of natural history. The task of investigating our botany has, in times past, been too much abandoned to the zeal and curiosity of foreigners, and, with a few honorable exceptions, while we ourselves were devoted to the more profitable employments of commerce and agriculture, a Catesby, a Kalm, a Michaux, or a Pursh was reaping a harvest of fame on our own soil, and teaching us to admire the grandeur of our own majestic forests and luxuriant savannahs. But now that botanical science is flourishing among 1821.1 J3otany of the United States. 101 us under the legitimate auspices of Americans, we can look back upon its progress without feeling mortified by the retros- pect, when we find it cultivated not only by Clayton, Bartram and Colden, but more recently by Muhlenberg, Barton, Bige.- low, Elliott and Nuttall. On examining the printed sources, from which a knowledge of our botany may be derived, we shall perceive them to be of three kinds either botanical xvorks exclusively devoted to some section of the country, like the Floras of Gronovius and Pursh; or collections entering into more entensive publica- tions, such as the Species Plantarum; or detached notices scattered through periodical journals, elementary treatises, his- tories and itineraries. And, although several authors have professed to give us a collection of the plants of this whole continent, we believe that hardly a single vegetable of North America has been described, always excepting the plants of Mexico and Greenland, which cannot be indicated growing spontaneously within the present enlarged limits of the United States. The few plants which naturalists have collected in Canada, and even those in the Banksian Herbarium, as des- cribed by Pursh, which were brought from the North-west Coast, from Labrador, and from Hudsons Bay, we think may all be found in this country. And for this reason we protest against the comprehensive title, which several modern writers, Michaux, Pursh and Nuttall, have seen fit to assume for, their works considering the botanical collections, which have appeared under the name of North American plants, to be rightly appropriated to the states and territories of our repub-. lic, stretching, as they now do, from the lakes to the gulf of Mexico in one direction, and in the other from the Atlantic to the Pacific ocean, and embracing in these boundaries every conceivable variety of situation, climate and soil. Having pre- mised these considerations, we propose, in tiie first place, to take a brief review of the principal botanical works that have been published relating to the United States, and next to inquire how far these works will go towards affording us the materials for a perfect history of our plants. Although every navigator, from the time that Europeans first became acquainted with this country, was struck with the richness and profusion of our vegetable productions, and although several plants, such as the sassafras, ginseng, tobacco and others, soon became inipQrtant objects of corn- 102 Botany of die Und~ted States. [July-, mercial enterprise, we find little scientific attention to have been paid to our botany at a very early period. How inter- esting our scenery appeared to Europeans may be judged from the account of Gosnold, the first who explored New England, the least favored, perhaps, in its vegetable aspect, of any part of the United States. This navigator represents himself to have been utterly astonished at the rich appearance of the country, which seemed to him like one extensive park planted by the hand of nature, where he saw deer wandering at large in stately forests, and innumerable plants blooming around him spontaneously, which were highly prized and cul- lured with solicitude in England. But the vague and cursory no- tices of our vegetables given by early travellers are not of much use to the botanist at this time, excepting that they sometimes enable him to establish, what might otherwise be doubtful, the birth-place of plants, which are now common to both the old and new worlds. In this way, for instance, we know that some of our most common plants, such as the Chrysanthemum leucanthemum, were introduced from abroad; and that others, like the Pyrola umbellata, which we hear of as a medi- cine among the aboriginal inhabitants of the country, or the Drosera rotundifolia, mentioned by Josselyn, are indigenous to America as well as Europe. The earliest systematic work on the botany of this portion of America is by Cornuti, (often incorrectly called Cornutus), entitled a History of the Plants of Canada, a small quarto volume in Latin, printed at Paris in 1635, containing descrip- tions and coarse engravings of sixty or seventy of the most re- markable plants found in New France. Cornuti briefly enu- merates the medical uses and botanical characteristics of these few plants, and, as none of them bad ever before been de- scribed, the book once attracted so much notice as to be spoken of with respect by Haller in his Bibliotheca Botanica. Beside what is contained in Cornuti, some information with regard to our botany may be gleaned from several other col- lections published in the same century, particularly Gerards Herbal, Rays History of Plants, Plukenets Almagestum, Amaitheum and Phytographia. One or two of the provincial histories also contain such botanical, intelligence, as their authors could gather without any well directed views of science. The most complete work of this kind is Brickells Natural His- tory of North Carolina, printed in 1737, which is occasionally 1821.3 Botany of the United States. 103 quoted by the younger Michaux. Charlevoixs History of New France, published in 1745, may be mentioned, too, as af- fording a few curious details, with not inaccurate engravings, of nearly a hundred plants of Canada and Louisiana. But these books, like Josselyns Rarities of New England, are all too superficial, in the nature of their information, to admit of much application to the ends of modern botany. Previously, then, to the revolution effected in natural science by Linna~us and the subsequent zeal displayed by philosophers in exploring different countries for the purpose of making scientific discoveries, the only valuable work on the botany of this country is Catesbys Natural History of Carolina, Florida, and the Bahama islands. And it is observable that, as the meridional parts of America, in consequence of the mildness of their climate and the superior richness of their productions of every kind, were the first to be settled by Europeans, so the natural history of those tracts of the new world was quite fa- iniliar to philosophers much earlier than that of the more nor- therly sections of the continent. Hence we find the bulky folios of Piso on the natural history of Brazil, of Plumier and Sloane on the Islands, and of Hernandez on Mexico, ~o have appeared, when extremely little was known of the same sub- jects in the rest of America. Hence also the first important work, which departs from the limits of tropical America, namely, Catesbys History, does but just step out of those lim- its into the nearest regions of the now United States. Its author, Mark Catesby, an English naturalist of some credit, had spent seven years in Virginia, from 1712 to 1719, chiefly employed in the study of its natural history; and at the expir- ation of that period returning to England, he was prevailed upon, at the suggestion of his patron, Dr Sherard, and with the assistance of the earl of Macclesfield, sir hans Sloane, and other philosophers of the time, to undertake another voyage to America, with the express design of collecting, describing, and delineating its most remarkable natural productions. The fruit of his voyage was the Natural History of Carolina. It first appeared in numbers between 1730 and 1748, with splendid colored plates etched by himself from his own drawings and painted under his immediate inspection; a second edition was published in 1754, and a third in 1771, of which both, and especially the last, are much inferior to the original impression. The work contains brief descriptions, in 104 Botany of the United States. [July, French and English, of the birds, beasts, fishes, insects, and plants indigenous to the regions comprehended in its plan; and, beside its being more complete than any thing which had gone before it, the elegance of its figures gave it high celebrity at the time of its publication, and still retains for it no little re- putation4 But two unpardonable faults, both attributable to the age in which it was compiled, detract from the botanical value of Catesbys Natural History. The first defect, to which we allude, is the total absence of a convenient classification; and the second, which is a consequence of the first, is the neglect, both in the drawings and descriptions, to notice the minuter parts of the fructification and infiorescence, which the discov-. ones of Linmeus have elevated into such indispensable im-. portance in every work on systematic botany. Catesbys Herbarium is now deposited in the British Museum. The next book relating to our plants is of less pretension than Catesbys History, but of far more value as a scientific work, namely, the Flora Virginica, the joint production of Clayton and Gronovius, assisted by Linnams himself, who was in Holland at the time it was written. John Clayton emi-. grated from England to America in the year 1705, and resided here till his death in 1771, filling, for upwards of half a century, the office of clerk of Gloucester county in Virginia. During a long life of eighty-eight years he as- siduously cultivated the science of botany, in which he at- tained high rank through his communications with the learned men of Europe. In addition to these extensive communica- tions which he made, he was engaged in preparing for publi-. cation a large botanical work, which at his death he left behind him ready for the press, but which is now unhappily lost, hav- ing been consumed, together with the building in which it was deposited, in the early part of the revolutionary war. Among the correspondents of Clayton was John Frederic Gronovius, a distinguished naturalist of Leyden, to whom Clayton was in the habit of sending dried specimens of plants with copious and accurate descriptions. Of these materials Gronovius com- posed the Flora Virginica, first printed at Leyden in 1739, with a supplement in 1743, and afterwards consolidated into a single volume in 1762 under the superintendance of Lan- rence, the son of John Gronovius. Claytons Herbarium, at the decease of the younger Gronovius, was purchased by sir Joseph Banks, in whose possession it was used by Pursh in the 1821.] Botany of the United States. 105 compilation of his Flora. The appearance of the Flora Vir-. ginica is to be looked upon as an era in the history of our bot- any, since it is the oldest accurate systematic work on the sub- ject. The classification of Linna~us, although it had yet made little progress in Europe, was now rapidly rising into notoriety in the north; and the adoption of it in the Flora Virginica, with all its advantages of precision, perspicuity, definiteness and elegance, imparted to this work a value, which it cannot lose until the sexual system ceases to be studied. In 1812 the elder Barton designed and commenced a new edition of the Flora Virginica, which, however, his numerous occupations never permitted him to accomplish. Here, rather than in any other place, should be noticed the labors of Linna~us in illustrating the botany of this country; but he is so completely an element and an essential portion of the xvhole science of botany itself, that, although he was in no small degree attentive to our plants, we shall content ourselves with indicating the sources from which he derived his infor- mation concerning the botany of the United States. Next to Clayton, whose Flora Virginica was the basis of Linnams account of our plants, his most useful correspondent was the celebrated John Bartram, esteemed by Linmeus the best practical botanist of the age in which he lived. Bartram was a native of Pennsylvania, xvhere he resided until his death in 1777, in his seventy-sixth year, attaining, like his contempo- rary Clayton, a vigorous old age in the diligent cultivation of natural science, the fruits of which he was in the practice of communicating to the learned in Europe, above all to Lin- na2us.* Another valued friend of Linnicus was the respecta- ble historian of the Five Nations, Cadwallader Colden, who sent his correspondent an enumeration of several hundred American plants in a paper published among the Acta Socie- tatis Upsaliensis. A fourth American correspondent of Lin- nicus was Dr Adam Kuhn, who went to study under the great reformer of natural science himself at Upsal, and after his re- turn became the first public teacher of botany in our country, being appointed professor of that branch of natural history in what is now the university of Pennsylvania. Finally, by th~ recommendation of Linninus, professor Kalm, of Abo, made a The sons of Bartram inherited his taste for the study of natural his~ tory. One of them, William, is well known by his travels in Carolina, Georgia, and the Floridas. New Series, No. 7. 14 106 Botany of the United States. [July, voyage to America between the years 1748 and 1751, for the purpose of collecting specimens and studying natural his-~ tory, of which voyage he afterwards published an account in a respectable book of Travels. He procured Linna~us many plants, all of which, marked with the letter K, belong to the Linuman Herbarium, now in the hands of sir James Edward Smith. By these means, and the correspondence of other naturalists in America, Linnatus became master of nearly a thousand species of our plants, which enter largely into the composition of the Systema Vegetabilium. And the attention excited by the writings of Linnatus, together with the compar- tive fulness of those writings in botanical collections, may have been the cause of the chasm, that occurs in the history of our botany for more than twenty years after the second edition of Gronovius and Claytons Flora Virginica. Perhaps also the revolutionary war, which deprived us of the treasure which Clayton had spent his life in compiling, may have impeded the investigations of foreign botanists in this country, until after the time when our independence was acknowledged. The first fruits of the peace, however, were a native pro- duction, namely, an Account of the Vegetables indigenous to this Part of America, published in 1785 in the Memoirs of the American Academy, by the venerable Dr Cutler. Consider- lug the time when this paper was drawn up and the little atten- tion which had then been paid to botany in New England, it was certainly, notwithstanding its want of completeness and accuracy, a meritorious production, from its bringing into no- tice several valuable plants, whose properties were very im- perfectly understood previously to its appearance.* In 1781 a small German book had been printed at Gcettin- gen, entitled a Description of some Species of North American Trees and Shrubs; and in 1787 the work was republished in a much improved and enlarged form, with accurate, but coarse This remark applies to Cutlers account of the Iris versicolor, Ha- mamelis Virginica, the genus Ithus, Phytolacca decandra, and more es- pecially Ictodes fcrtidus, which, although Catesby had taken it for ~*n Arum, Cutler pronounced to be a new genus, and possessed of great vir- tue as a rem((ly for asthmatic complaints. This last vegetable has expe- rienced rather a singular fortune, having been first referred to Arum, then by Linnams transferred to Dracontiurn, to Pothos by Mi chaux, to Symplo~ carpus by Salisbury, and finally established as the genus Ictodes by Bige~ low and Cutler. Dr Cutler is likewise advantageously known by his ac- count of the Lobelia inflata given in evidence at the trial of the notorious Thompson. See Massachusetts Term Reports, vol. vi, p. 134. 1S21.1 Botany of the United Stater. 107 engravings, under the name of Contribution to German Scientific Forestry, treating the Culture of the North Ameri- can trees, with application to German forests. Frederic A. J. von Wangenheim, the author of this rare book, serv- ved in America, during the revolutionary war, as captain of a troop in the Hessian cavalry, and was afterwards employ- ed as an upper forester in Prussia. Sprengel says he acquir- ed great credit for his exact knowledge and cultivation of the trees of North America. A small treatise on our forest trees was also published at Philadelphia in 1785, by Humphrey Marshall, under the title of Arbustum Americanum. Its author was long known as a scientific horticulturist, whose garden is said by. Pursh to have contained a valuable collection of trees and shrubs in 1801, but to have declined a few years afterwards on the death of Marshall. The Arbustum Americanum was so much esteem- ed as to be translated into French, and reprinted at Paris soon after it first appeared; but neither that, nor Wangenheim, nor another German work, on the forest-trees cultivated in a cele- brated garden at Harbke in the dutchy of Brunswic, published in 1771, by John Philip Duroi, and sometimes referred to on the subject of our botany, can be supposed to afford much information, which is not contained in the more recent and complete works of the Michaux. Next after these appeared the Flora Caroliniana. Of its an.. thor, Thomas Walter, we have never happened to meet with any notice in print; but in his preface he informs us that all his specimens were collected within an area of two hundred miles in circumference, which, from the date of the preface, would seem to have been on the banks of the river Santee in South Carolina. His work was printed at London in 1788, in Latin, containing the essential characters and specific ders- criptions of more than a thousand plants, arranged according to the principles of the sexual system. It is valuable as con- taining a large number of species, and nearly thirty genera, then for the first time described; but as it merely gives the botanical differences, without any allusion to the habit, soil,, or other circumstances connected with the plants, it is now superseded by later publications; although few authorities are more frequently quoted or more relied upon than the name of Walter. Pursh says, that he saw Walters Herbarium in the possession of the family of John Fraser, who introduced so 10~ Botany of the United States. [July, many of our plants into the English gardens and who was the intimate friend of Walter. Before leaving the botanical works printed in the eighteenth century, we ought to mention some remarks on the most use- ful vegetables of the United States, forming a very considerable part of the Travels of Luigi Castiglioni, a gentleman of Milan, who passed nearly three years in this country between 1785 and 1787, and published a reputable account of his observa- tions upon his return to Italy. We come now to speak of the two Michaux, whose botani- eal skill and industry entitle them to a distinguished place in our consideration. Andre Michaux, the elder, of whom there is a biographical account written by Deleuze in the Annals of the Museum, was one of those eminent men, whom the mu- nificence of the kings of France enabled to make researches in foreign countries for the illustration of natural history. Hav- ing acquired distinction by his travels in Persia and other parts of Western Asia, Michaux was sent to the United States by Lewis XVI, in 1785 not long before the revolution de- prived this monarch of his throne and life, for the purpose of collecting seeds, roots, and specimens of plants. After the dissolution of the monarchy, the republic, which in this in- Stance did not adhere to the love of science she always affect- ed to entertain, neglected to continue his appointments to Michaux; bUt, with the salary he received before and his patrimonial fortune after the death of the king, he enjoyed suf- ficient means of pursuing botanical inquiries during the time he remained in this country. In 1801, being returned to Paris, he published his History of the Oaks of America, im- mediately upon which he embraced an opportunity, which offered itself, for making a voyage to Australasia, leaving to his son the charge of editing his Flora Boreali-Americana. The next year he fell a victim to his zeal for knowledge, dying of a fever whilst engaged in philosophical investigations on the coast of Madagascar. The History of the Oaks of America contains an account of twenty species of the genus Quercus, describing their botanical structure, mode of culture andeconomical uses, with very complete engravings by P~ J. Redoute, so well known to botanists by his sumptuous deline- ations of the Liliaceous Plants and Roses. This History of our Oaks is the more to be depended on, as Michaux cultivated aU the species hih~self, and observed them carefully in every sta~e 1821.1 Botany of the United States. 109 of their growth. For want of similar opportunities of local ob- servation, Duroi, in his work on the trees at Harbke, fell into many mistakes, describing as distinct species, what were only varieties of the same plants at different ages of its growth. The Flora Boreali Americana, written wholly in Latin, came before the world in 1803, under the superintendence of the younger Michaux. The work was not prepared for the press by the father, but contains no plant which he did not examine in its native soil, and, in its present form, is extracted from manuscripts left by him, the specific descriptions only being often abridged and generic characters added from Murray. Interspersed in th~ Flora are fifty-one plates, on a smaller scale than those of the Oaks of America, but designed, like them, by P J. Redout~, and engraved with great neatness and beauty. Finally, if there is any thing in this elegant publica.~ tion to regret, it is only that it was posthumous: for had the author fortunately lived to publish it himself, he would, no doubt, have enriched it, as he did his History of the Oaks, with a copious list of synonymes, and with popular remarks on the habit, period of growth, qualities and appearance of the several plants, all which particulars are but slightly touched upon or entirely omitted in the Flora. Andr& i~ Michaux the younger is celebrated, in the same de- partment of science, for his History of the Forest Trees of North America, than which we believe no country can boast a more highly useful account of any part of its natural produc- tions. It was first published between the years 1810 and 1813k with superb colored figures designed by P. J.Redout~, H.J.Re.~ dout~, Bessa, Riche and other respectable artists. Since then it ~as been translated into English by Mr A. L. I~1illhouse,* from Mr Hilihouse has published, in a separate form, a Description of the European Olive Tree, originally written for his translation of NI ichaux, from which we extract the following passage relative to the cultivation of the olive in America, as deserviog particular notice since our acquisition of the two Floridas. After adverting to the capriciousness of our climate as an obstacle to the introduction of delicate foreign plants, he proceeds to say: But, with all these disadvantages, tracts uniting the conditions necessary for the growth of the olive may probably be found sufficiently extensive for our wants. The possibility of its flourishing on our shores has been demonstrated by at least one experiment. While the Floridas were held by the English, an adventurer of that nation led a colony of Greeks into the eastern province, and founded the settlement of New Smyrna. The principal treasure which they brought from their native clime was the olive. Bartram, who visited this settlement in 1775, des. cribes it as a flourishing town: its prosperity, however, was of momentary 110 Botany of the United States. [July, a French copy corrected and newly arranged by the author, the figures in the translation being printed upon plates the same with the original, hut now somewhat worn, and therefore not affording copies equally elegant with those of the first impres- sion. Michaux collected the materials for his work in the course of two voyages to America, concerning the first of which he published a volume, which contains some valuable hints spread out over a considerable surface. It is the plan of his History of our Forest-Trees to unite the advantages of a work strictly botanical and of one relating to the useful arts, but especially to collect all the scattered details, which books or experience could furnish him, with respect to the applica- tion of the various kinds of wood to the purposes of life. Bo- tanical descriptions can easily be made or found; but, in order to ascertain their useful properties, it was necessary to consult artisans in almost every branch of practical mechanics, to frequent the dock-yards or work-shops, in which wood was employed, and in short to gather information from every attainable source. From these inquiries Michaux has obtain- ed a most extensive collection of curious and important facts, which, although rather belonging to the application of botany than to botany itself, are nevertheless essential to the complete knowledge of the plants of the United States. For, beside the commercial and practical uses of our trees, we have a very perfect account of the inflorescence, fructification, growth and botanical habit of them individually considered, as also many interesting facts with regard to them taken together as com- posing forests. With respect to the nomenclature of this work duration: driven to (lespair by hardship and oppression, and precluded from escape by land, where they were intercepted by the wanderihg say. ages, a part of these unhappy exiles conceived the hardy enterprise of flying to the Havanna in an open boat; the rest removed to St Augustine when the Spaniards resumed possession of the country. In 1783, a few decaying huts and several large olives were the only remaining traces of their industry. Louisiana, the Floridas, the islands of Georgia and chosen exposures in the interior of the state, will be the scene of this culture. Perhaps it ~vi1l be extended to some parts of the Western States: it has been hastily concluded that the olive can exist only in the vicinity of the sea; it has been found in the centre of Spain, and in Mesoporamia at the distance of a hundred leagues from the shore. The trial should be made in every place where its failure is not certain, and for this purpose young gr:~fted trees should be obtained from Europe, and the formation of nurseries from the seed immediately begun. Description of the European Olive Trec, pp. 39, 40. The Greek colony above alluded to is the same spoken of in the preceding article of this number, p. 97. See also Bartrams Trav- els, p. 142. 1821.] Botany of the United Stateij. lii it may be observed, that Michaux has been charged with making needless innovations in long established names, some- times without any intimation of the change. But the great accuracy of its beautiful figures, at the same time that it serves to correct any misunderstanding that might arise from occa~~ sional confusion in the specific names, gives this History of our Forest Trees a permanent value in technical botany. We have now reached the period, when two American botanists flourished, of whom every person, whether native or foreigner, who has had any connexion with our botany, always speaks in the highest terms of gratitude. We refer to Dr Muhlenberg and Dr Barton. Benjamin Smith Barton, born at Lancaster in 1766, after going through the customary medical education at home and abroad, in 1789, was made professor of natural history, a science for which he had always entertam.~ ed a marked predilection, in the college of Philadelphia. His appointment was confirmed on the institution of the university of Pennsylvania, where his reputation as a naturalist soon pro- cured his election as professor of the materia medica, and where his medical character afterwards led to his being made professor of the practice of physic, in which station he died in 1815, having continued to perform the duties of a medical instructer with great applause until a few months before his death. He published several botanical works in addition to his tracts on medicine, zoology and the antiquities of America. The most important of these works, in the present connexion, are his Collections for an Essay towards a Materia Medica of the United States and his Elements of Botany. The Collec- tions were published in parts at different periods between 1789 and 1810, but, unfinished as he left them, they are not reputed to have made very important additions to our know- ledge of the plants of America. Nothing of any value had yet appeared on our vegetable materia medica excepting a shoNi paper on Canadian Specifics, written in 1756, by a Swede named John von Ccelln, and preserved in the Amwnitate~ Academicie, and a small work by John David Scho~pf, a phy- sician attached to the German troops in America during the war, published at Erlangen, in the present kingdom of Wurtem.. berg, in 1787, and slightly commended in Sprengels History of Botany. The Collections, therefore, as inviting the public attention to a subject, which had not been adequately regard- ed among us, and as leading to the publication of many vaht 112 Botany of the United States. liJuly, able papers on our medical botany, deserve to be iirnntioned with respect. The Elements of Botany, first published in 1803, and reprinted in 1812 and 1814, contain much ingen- ious speculation and curious learning intermixed with no little affectation, as, for instance, in the supercilious language with which the author continually alludes to Linnams. In the light of an elementary treatise the work must yield to many others, to Smith, to Sprengel and to De Candolle. Still it derives a peculiar attraction, in the view of Americans, from the circum- stance, that it brings our own plants into notice by frequent reference to them, and by means of its colored figures, which Barton was very solicitous to have faithfully executed. In all the scientific writings of this author, however, a diffuse inele- gant style and an immethodical arrangement, into which the hurry of his professional pursuits betrayed him, are too remark- able to pass unnoticed, especially as he published almost noth- ing but incomplete tracts, whose faultiness their very title of fragments, collections and the like sufficiently indicates. We apprehend, therefore, his botanical fame is built most surely on the gratitude of those naturalists, who were aided by his liberality in making the researches, which his public duties withheld him from undertaking in person. Among these, Pnrsh and Nuttall, who will be mentioned hereafter, were peculiarly indebted to Dr Barton, and their writings afford the amplest illustration of his genuine love of science. Contemporary with Barton, of the same State and engaged in like scientific pursuits, was Dr Henry Muhlenberg, minister of Lancaster, distinguished as president of the Lutheran church of Pennsylvania, but still better known as the first botanist of his time in America. Although he had long been in habits of intimate correspondence with naturalists of eminence in Eu- rope, by whom he was highly respected for the zeal and acuteness manifested in his communications, the first work, that he personally gave the public, was a Catalogue of the Plants of North America, in 1813. This Catalogue, compiled almost entirely from living plants or dried specimens in the Herbarium of the author, briefly exhibited the scientific and ~rulgar name, the calyx, the corolla and the time of flowering, with the locality, of a much larger number of plants than were previously known to belong to the United States, but was intend- ed only as a kind of Prodromus of a full Description, which ~he had already written many years before, of the plants of 1821.] Botany of the United States. 11 ~3 Lancaster and of the many undescribed species contained in his rich Herbarium. Muhlenberg died in 1815, at The age of sixty-two, whilst occupied in preparing for the press a second edition of his Catalogue. He had also published an Index to the Plants of Lancaster in the American Philosophical Trans- actions. Since his death, beside a new impression of the Catalogue, there has appeared his full Description of the Grasses and Reeds of North America, published in 1816, in Latin, under the care of his son, assisted by Mr Elliott, Mr Collins, and the late Dr Baldwin. This work contains very complete descriptions of all the native or naturalized gramine- ous species, with a short note of their locality and time of flowering, but without any popular remarks. As a scientific account of an obscure family, and of one which even Walter confessed he had neglected, it is valuable to the botanist, in which respect other writers have acknowledged their obliga- tions to Muhlenberg. Whether the rest of this authors man- uscripts will ever be published, seems ~iow to be doubtful, although his work on the Plants of Lancaster has been repeat- edly announced as soon to be printed by his friend Mr Col- lins. The cause of the delay is distinctly intimated by Muh- lenbergs son in his preface to the Grasses. Muhlenberg always freely communicated to his friends in Europe the most remarkable plants, which he detected, with accurate descrip- tions of them, so that his reputation and his discoveries were more widely extended through the medium of his correspon- dents, than they could have been, perhaps, by the publication of his works in America. Besides, he was so perfectly disin- terested in his ardor for the promotion of botanical science, that his living plants, his collections and even his manuscripts were always at the service of his friends; and, as no person thought of interesting himself in our botany without becoming acquainted with Muhlenberg, to this it is partly owing, that his most valuable plants are already described in the botanical works now in circulation.Dr Muhlenbergs Herbarium was purchased after his death by a number of gentlemen, and gen- erously presented to the American Philosophical Society. In noticing Dr Barton we mentioned him as a patron of Pursh, author of the Flora Americin Septentrionalis. Fred- eric Pursh is said to have been born and to have passed the early part of his life near Tobolski, the capital of Siberia. He was educated at Dresden, which city he left in 1799, and .N~ew Series, JVo. 7~ 15 114 Botany of the United States. [July, embarked for Baltimore, with the intention of continuing in this country until he should have examined its vegetable pro- ductions to the utmost extent of his abilities. Immediately seeking and obtaining the acquaintance of the most eminent botanists, he was enabled, with their assistance, and by acting as a scientific gardener, to travel through different parts of the United States, and to procure ~o many plants, that, in 181 1~ he went to England with one of the most perfect collections which ever crossed the Atlantic. In England he was counte- nanced by Smith, Banks, Lambert, Roscoe and other natur- alists, who gave him access to the various rich collections preserved in that country, including the original Herbaria of Lin.~ n~us, Plukenet, Catesby, Sherard, Clayton, Walter, Pallas, Bradbury and Menzies. Of these sources of information he gives a grateful, candid, and well written account in the pre- face to his Flora. After the publication of this work in 1814, he returned to America for the purpose of exploring the bota- ny of Canada, where, as we are told in Sillimans Tour be- tween Hartford and Quebec, he died in the year 1820, not having yet completed his collections towards a Canadian Flora. His Flora America~ Septentrionalis contains essential charac- ters of the genera and species, either extracted from, or com- posed after the manner of Willdenows Species Plantarum. At the end of the specific descriptions is a reference to synonymes and figures in different books, a list of which, with very par- donable vanity, is prefixed to the work. He likewise subjoins to each plant a few popular observations in English, relating its locality, soil, habit, time of flowering and other circum- stances of the same nature; but in these observations he ha~ been charged with often speaking at random and without due examination. Of the twenty-four elegant plates contained in the work we do not think all are judiciously chosen, because some plants are figured which are not peculiarly rare, and others omitted more curious in their nature, as well as more uncommon. One very fruitful source of error in Pursh, which grows out of his desire to make his collection more complete, arose from his describing many imperfect plants, or dried specimens only, collected by himself or preceding botanists. Of many of our plants, like the Epilobium alpinurn or Arena- na peploides, although very accessible in certain districts east of the Alleghany, he derived his knowledge from Herbaria; ~nd n~any more, which grow beyond the Mississippi, he ex 1821.] Botany of the United States. 115 amined only in gardens or in the collections of Lewis and Bradbury, without ever seeing them in their native soil. Hence in these cases Pursh has repeatedly mistaken the genus of a plant, besides admitting many lesser inaccuracies into the specific descriptions. In respect to his arrangement it is to be remarked that he has made a very bold, although as to the conception of it not an original, innovation upon the classifica- tion of the sexual system. This innovation consists in the entire omission of Dodecandria and Polyadelphia, and the consolidation of Mon4cecia, Dimcia and Polygamia into a sin- gle class, according to the suggestions of sir James Edward Smith, in his Introduction to Botany. Dodecandria is an in- cumbrance on the sexual system, because it has no permanent invariable marks by which to distinguish it from the two suc- ceeding classes, into which most of its genera are therefore transferred by Pursh. Polyadelphia, also, a very small and useless class, he has incorporated with Polyandria. But the greatest change hazarded by Pursh is the rejection of the twenty-first, twenty-second and twenty-third classes of Lin- n~us. These classes, as originally established, containing many genera, like Carex, Typha, Holcus and Panax, which differed only in the situation of their stamens and pistils, whilst all the accessary parts of their flowers were exactly alike0 some botanists proposed to simplify the system by abolishing these classes and removing their genera into others in which the combination or number of their stamens entitled them to be ranked. But as the classes in question also contained many genera, like Pinus and Castanea, whose fertile were decidedly unlike their barren flowers, more judicious reform- ers have preferred retaining such genera in a distinct class, composed of three very natural orders, Segregat~, including the tricoccus and some other plants, Amentace~e, and Coni- ferie, to which class they have given the name of Diclinia. This modification of the Linniean arrangement simplifies it exceedingly, at the same time that it confirms the general principles of the sexual system. Whether it will ever obtain the public approbation or not, it certainly comes to us recom- mended by persons deserving the greatest deference, and is intimately associated with our botany in consequence of its adoption by Pursh. On the whole, this work, with all its imperfections, is more extensive in its nature, more accurate in its details aud more systematic in its whole plan and execu 116 Botany of the United S1ate~. EJuly, tion, than any thing, which had gone before it on the same subject; and if Pursh had lived to correct and complete the Flora according to his original design, it would have been stir- passed by very few of the botanical collections, which the perfection of modern philosophy has given to the world. During the latter part of the time Pursh was employed in collecting the materials for his Flora, Mr Nuttall also, another botanist, of whom we spoke as indebted to Dr Barton, was engaged in exploring the botany of several parts of the coun- try, especially those in the upper part of the valley of the Mississippi. Before considering his discoveries, however, the order of time requires us to advert to Mr Elliotts Sketch of the Botany of South Carolina and Georgia,a work, which, as promising an account of so interesting a division of the country from the hands of the most accomplished botanist in the South, it is much to be regretted that the authors private occupations or civil rank have prevented him from bringing to a conclusion. Only five numbers of it have yet been published, all which appeared in 1817, reaching to the middle of the class Decandria. It gives the essential characters, both in Latin and English, of the genera and species, including sev- eral that had not been described in any botanical publication before, all done with the greatest exactness and fidelity; but it is more valuable for exhibiting copious descriptions in Eng- lish of most of the plants, with which the author was ac- quainted, within the limits of his plan, and for relating the useful properties of them, in which latter part of his undertak- ing Mr Elliott gratefully acknowledges the assistance he received from the late Dr Macbride. In most respects it merits to be considered a model among those Floras, which, being confined to a definite portion of the country, are less assuming in their tone than those which embrace a wider range, but perhaps more useful, because the author of a par- ticular Flora, in concentrating his attention upon a certain num- ber of plants, is rendered capable of giving these plants a thorough investigation. indispensably necessary to the student of our botany as a supplement to Purshs Flora is Nuttalls valuable work on the Genera of North American Plants, published in the year 1818. After the remarks we have made on the classes as arranged by Pursh, we need say little concerning that part of the plan pursued by Nuttall, who retains the Linn~an classes 1821.1 Botany of the United States. 117 Moncecia and Dicecia, but judiciously imitates Pursh in omit- ting Dodecandria, Polyadeiphia and Polygamia. This work abounds with extensive remarks, the result of long personal ob- servation in different sections of the Union, especially in the Southern and Western States, in which last the author had a most ample field of research and discovery. His principal design was to describe the genera of our plants and merely enumerate the species. But he does much more than he promises, not only introducing a large number of new species detected by him- self, but continually enriching his list of the old species with instructive remarks on their habit or character, and often going so far as to give us a full account of all the species of a genus. Among the genera so treated we may notice Viola, Rhexia, ~IiEnothera, Laurus, Lobelia, Polygala, Car.duus, Erigeron, Inula, Aster, and Solidago, as particularly rich in interesting botanical suggestions, from which we have repeatedly derived great advantage. But the author has been most elaborate and masterly in his delineation of the essential characters of the genera, which it is the primary object of his work to elucidate. He has proposed above sixty new genera, in several cases constructed by means of plants before imperfectly known, but chiefly by the subdivision of old genera. And we think that here lies the greatest defect of the work, namely, in a disposi- tion to innovate upon the established genera, not always on the safest grounds. Thus in making a new genus Comandra of Thesium umbellatum and a genus Epifagus of Orobanche Virginiana, in separating the genus Juglans into Juglans and Carya, in adopting Desfontaines distuemberment of the genus Convallaria into Convallaria, Smilacina and Polygonatum, in confirming Michaux and Purshs division of the genus Pyrola into Pyrola and Chimaphila, in these, and in other instances, that could be pointed out, Nuttall appears to us to have ven- tured upon or assented to changes, which the generic differ- ences he has indicated do not warrant, and which materially injure the science of botany by embarrassing its nomenclature and impairing the symmetry of its arrangements. Another defect in this work, and in a book of science it is no slight one, is the singular want of accuracy and finish in its literary execution. Thus, to give a specimen of the very many un- corrected typographical mistakes in it, the numbers of the genera from 412 to 734 are wholly erroneous, each number requiring an increase of a hundred to make it correct. Thus ~l1S Botany of the United States. [July, also the genus Hemianthus is inserted, where it would never occur to any one to think of looking for it, in the class Didy- namia, instead of being deferred to the appendix. But these defects are atoned for, by the many useful improvements on our hotany dispersed through the work, the most important of which is a careful investigation of the habit, natural affinities and geographical distribution of the genera. Especially in stating the mode of vegetation of a generic groupe, in imita- tion of Jussieu, our author has done a very essential service to the science and rendered the study of our plants much more interesting than it ever can he when pursued exclusively in dry technical forms invented hy Linn~us. Indeed nothing more clearly demonstrates the unsatisfactory nature of the sexual system than the indirect attempts frequently made by recent botanists to engraft the natural affinities of plants upon their prevailing artificial characteristics. All that the sexual system can pretend to is a superiority over others, excepting perhaps that of Rivinus, for the purposes of a pinax or botan- ical index: how much it surpasses the system of affinities in this respect will appear evident, to give a familiar example, to a person who has ever made use of a dictionary, like Sca- pulas Lexicon, in which the words are arranged according to their roots, instead of the letters of the alphabet. If a system could be devised uniting the conveniences of the system of Linnams and the natural propriety of Jussieus, it would un- doubtedly be the most desirable improvement of which the science of botany is now susceptible. For this reason we consider Nuttalls abridged view of the natural affinities of each genus one of the greatest advantages, which his book possesses, in comparison with any similar compilation. Soon after the publication of Nuttalls Genera appeared Eatons Manual of Botany for the Northern and Middle States, which, a limited edition of it having been printed before, was now reprinted with considerable improvements. The design of the work, as its title announces, is to serve as an index only to the vegetable productions of a definite portion of the Union, in imitation of Persoons Enchiridium Botanicum, from which its name and much of its substance are copied. In one respect, however, its plan differs materially from Persoons, and in a way that greatly enhances its relative utility as a pocket-com- panion for the botanist. We refer to the circumstance of its being divided into two parts, in the first of which are the char- 1821.) Botany of the United States. In, acters of the genera alone, systematically arranged, in the sec~ ond the names of the genera followed by the specific descrip-. tions at length. The work, moreover, is wholly popular in its arrangements, design, and nomenclature, embracing not only indigenous vegetables, but even all those exotics which are cultivated in the interior parts of the country. Taking Per-. soon as the basis of his descriptions of pharnogamous plants, both in the genera and species, the author has corrected and enlarged them, either from personal examination, or by refer-. ence to Pursh,adding also twenty or thirty new species chief-. ly communicated by Dr Bigelow and Dr Torrey. We discern a defect of judgment in the execution of the literary parts of the Manual, of the same nature with that which we hinted at in speaking of Nuttalls Genera,a defect in the distribution of notes and advertisements, in the structure of the language where the author writes in his own person, not as a botanist; and it is rarely that we see a dedication in worse taste than that which is prefixed to the Manual. It is impossible not to be struck with the inferior purity displayed in the composition of Nuttall and Eaton, when compared with that of Pursh, to whom the English language was not vernacular. As a conve-. nient and accurate guide in botanical inquiries, however, com- pressing a great variety of matter into a narrow compass, the Manual is deserving of great praise. And it should be men-. tioned, as an additional recommendation of it, that, whilst Pursli and Nuttall have omitted all cryptogamous plants excepting the ferns, Eaton, on the contrary, has given quite a full account of the cryptogamous species, which lie and his friends had observ- ed, amounting to four hundred and twenty more than Michaux describes in the Flora Boreali-Americana. It only remains for us to speak of two contemporary bota- nists, whose writings have recently occupied much of the pub-.~. lic attention, namely, Dr William P. C. Barton and~ Dr Bige-. low. Dr Barton, a nephew of the eminent philosopher of the same name, has published books on the subject of our botany of greater pretension than almost any other living author. Beside some tracts connected with medical science, in 181~ he printed a Prodromus of his intended Flora Philadelphica; in 1817 he began the publication of his Vegetable Materia Medica of the United States, previous to the completion of which in 1819, he gave the public, in 1818, his Compendium Flor~e Phlladelphic~e; and he is r~ow issuing an expensive 120 Botany of the United States. [July~ Flora of North America. The Compendium, containing only brief descriptions of plants, with occasional popular observa- tions, as it is the most unassuming, so we think it the most meritorious, among the botanical works of Dr Barton. it is the more valuable for being largely indebted to Nuttalls Gen- era. Bartons Vegetable Materia Medica gives an account of forty-eight plants with colored figures, including first the bo- tanical characters of the genus and species adopted from the best authors, with a note of synonymes and copious references to writers who treat of the plant, next a general botanical history of it executed in a cursory manner, and lastly its chemical analysis, medicinal properties, and economical uses. The work manifests considerable industry in the compilation of facts and statements from various books; but the misfor- tune is, that, in the parts relating to medicine, it is almost en- tirely a compilation. Dr Barton appears rarely to have per- formed any experiments upon the chemical organization of the plants he describes, and seldom to have ascertained their re- puted effects on the human system by personal investigation: so that in his remarks on the medicinal properties of plants he more frequently allows us to perceive what he does not, than what he does, know. The figures were drawn and partly col- ored by the author, many of them very correctly and elegant- ly, but many others so badly as to indicate great haste both in the coloring and the designs. Dr Barton has long proposed, as we have already hinted, to publish a complete Flora Philadel- phica, from ~vhich the more early numbers of the Vegetable Niateria Medica contain several extracts in the form of a Latin descriptio uberior of each plant; but we rejoice, for the honor of American literature, that this work has not appeared; for iiever, in the whole course of our reading, do we remember to have met with any thing which denoted such lamentable igno- rance of the most common rules of grammatical inflection and concord, as almost every line in these descriptions exhib- its.* Indeed, a looseness, a want of exactness and fidelity, We have made use of such strong terms on this subject that we will subjoin a few of Dr Bartons numberless errors~ merely to prove that we have not spoken without due consideration. Vegetable Mat. Med. v. i, p. 8~2, des uber. for 8UCCofzdVO exudans read ruccumfuloum; for petala... perguam varians read variantia.Lbid. p. 60, for baccce . . . semina tria complectena read compleceentes.I bid. p. 66, for foliola . . . sttbequales read aub-~quali~i.lbid. p. 79, for arbor... ranter ultra 30 pedales read 30-pe~. dalis. This error is frequently repeated, the adjective pedalis and its I8~2123 Botany of the United States. ~i21 ~prevails in all the botanical writings of Dr Barton we have seen, which we sincerely hope he will take care to avoid in the important work he is now engaged in executing on the Plants of the United States. Of Dr Bigelows Florula Bostoniensis, although published in the year 1814, we have intentionally deferred speaking un- til now, because we wish to consider it in conjunction with the work at the head of this article on American Medical Botany. On looking back upon the sketch we have given, it will be seen that the Southern and Middle States have not only been mere frequented by foreignex~ in quest of plants, but have also pro- duced more native botanists, than New England. To the names of Bartram, Clayton, Colden and Kuhn we have none to oppose; the earliest on the list of our botanists is Dr Cutler; and if we pass over Williams, the historian of Vermont, the next are our own contemporaries, Prof. Peck, Dr Bigelow and Mr Eaton. If there had been any reason to reproach us with the neglect of the study of botany, we know not better how to show that this reproach has ceased to be well founded, than by pointing to the publications of Dr Bigelow. His edition of Smiths Introduction to Botany prepared the public to receive with favor the Florula Bostoniensis, which came out a few months after the Introduction; and both together were compounds being always mistaken for substantivesIbidem, fur fibres mag. ~es. max-am; odori read magni (not rnagne, as judiciowily corrected by the author in his errata) . .. odoris.lbidem, p. 125, a root conszsting of radicles is latinized into radix eistens radicularum, and by the same kind of rendering we have anthera duarum leculorum sisten;, which is a perfect miracle of bad grammar.Ibidem, for segmentibus read segminibus~lbid. p. 173, for fructus cx calyce facta... coccinea, esculenta, & c. read factus, Coccineus & c......Ibid. p. 205, for nerribus read nervis.Ibid. p. 222, for ./iment. mar. laterales, erecti, & c. read lateralia & c.But the ne plus ultra of bad Latin is the description of Liriodendron tulipifera, p. 93, where9 among other phrases no less extraordinary, occur the following; Arbor non- nunquam alt-itudine 100 pedales, et in circulo 30.folia. .. in 1~~i~... di;- secta.floreu numeroasis.sim~e, magme, formosce, red odori omnino destitutr ~al~x... si at ens involucriproprii;tamina numeror~e, long~e,filamentis 4inea. via, corolla brevibus (for stamina, numerosa, longa, lineari bus and brevioribus) ~pist~l~... quasi atrobili diapositiaatigma globosaaerninia numerosis in aquama . . . terminatia et omnia in conum imbricatia. Tnis is nothing but a spicilegium, a sort of choice of evils, culled from the many other barba- risms and solecisms of the same stamp in this work. In the second vol- ume, however, Dr Barton very considerately abstains from venturing upon the descrzptio uberior, excepting in one or two instances, in which he ac- quits himself no better than before, as on p. 223, vol. ii, where we have pedunculipisboscenti unsflori ;mtead of pedunculi pubeocenee: uniflc~rer-. Aew Series, JV9. 7. 16 122 Botany of the Unite4 States. ~July, precisely of that popular description, which was besf ada p ted to introduce botanical studies into the eastern metropolis. The Florula Bostoniensis, containing accurate translations of the specific and generic characters which are given us by the most reputable botanists, together with an extended account of the plants taken from living specimens, and indications of their lo- calities, time of flowering and duration, was admirably calcu~- lated to overcome the repugnance, which could not but have existed at the time it appeared, against the general study of a science (as to us) for the most part locked up in the rare works and semi-barbarous dialect of Linna~us, Gronovius, Walter, Michaux and Willdenow. And, although the Florula is less complete than might be desired, we can say, after much use of it, that we know of no botanical book defaced by fewer errors: .which errors will undoubtedly be corrected, at the same time that the deficiencies of the work are supplied, in the new edi- tion of it, which the public has long demanded. If any thing in the plan of the Florula is defective, is seems to us to be the omission of the common exotics, such as maize, wheat, roses, lilacs, cherries, and the rest of those cultivated exotics, which, either as ornamental or useful vegetables, occur to the young botanist as frequently as any of our indigenous plants, and qf course equally tend to excite his curiosity. The insertion of these, whether in the body of the work or in an appendix, would certainly much enhance its usefulness. Among hi~ other scientific labors, Dr Bigelow has since published several tracts connected with botany, to which we merely allude, that we may come the sooner to his American Medical Botany. The contents of this work are a detailed account of sixty of those indigenous or naturalir~ed plants, which are best capable of application to medical use, or seem otberwise remarkable on account of their ascertained or reputed effects upon the human body. It not having been our intention to enter into an examination of any thing more than the botanical part of the wotk, we shall only observe, as to the rest, that neither Schcepf ~n~r the Bartons materially increased the sum of our information cor~cerning the chemical or medicinal properties of the vegetables oflhe United States. Scha~pf pretends to do nothing more than ~ecord, with the most implicit credulity, whatever, to translate his own words, he could learn from physicians, empirics, peasants and old women; the natural conse.quence of which is, that his book is full of stale drugs of 1821.1 B?dany of the Unitet? Statej. 123 exploded virtue, almost every one of which he represents as a panacea. The Bartons present us with very few, and those bnt partial investigations of the chemical constitution of plants, and still fewer satisfactory proofs of their practical utility. Dr Bigelow, on the contrary, has made careful experiments on the analytical structtrre of the plants, which he selected for examination: many vegetables of supposed efficacy he has proved to be feeble and ir~ert; others, before of doubtful utiIity~, he has establi~hed among the happiest agents in the materia medics ~ and nofie has he left without making s6ine perceptible addici6n to the stock of science. Passing ft& n~ these consid~ra~ibiis, we find that he has not only de- scrib~d t?i~ b6tafiical ptoperties of his plants with great a~cu- raey, which is iinore than can be said, of his predecessor~ but has also done it with perspicuity and elegance of expres~ioii. Every article abounds with important botanical observations; often, too, the character of a plant leads to instructive remarks connected with it, like those upon generic distinctions in Gil- lenia trifoliata, upenf the communication of plants bet*een Eutope and America in Ranunculus bulbosus, upo~i the scenery of our forests ifl Rh6dodendron maximum;ali of ~hi~h a~e the more grateful for being unostentatiously intifoduced. Eighi of the plants in[ the Medical Botany are also described andi figured in the younger Michaux, namely, Laurus Sassafras, Ma~noli~ glatica, Corntizs florida, Juglans cinerea, Kalinia lati- IhIi~, Liriodendron tolipifera, Rhododendron maximhrn and Juniperus Virginiana; but a comparison of the respective ar- ticles in each book will render it obvious that Dr BigeJow is not a copyist; for, in these very articles, the Medical Botany abounds with interesting facts, which it did not enter into the design of Michaux to notice, if they ever came to his know- ledge. The same comparison, we think, will end in a convic- tion of the greater accuracy of the figures in the Medical Botany, inferior as they certainly are to those of Michaux in brilliancy of coloring, and in that graceful, lively, finished re- presentation of verdant nature, which evinces the perfection of modern art in Europe. Thus, if we compare the Liriodeudron tulipifera in each, we perceive a more vivid green in the print of Michaux than we do in that of Bigelow: but the latter is drawn from the best chosen specimen of the two; and the flower in Michaux is spread open so far as to conceal the ca- lyx and give an artificial appearance to the petals and ~tamens~ 124 J3otany of the Ur& ited States. [.hily, both which defects are avoided in the plant, as delineated in the Medical Botany. Bigelows work comprises most of the plants figured in Bartons Materia Medica, and also many beside; and although the prints of the latter derive a superior freshness from the circumstance that their colors were put on l~y the hand, whilst the former came colored from the plates, still the greater finish and fidelity of the figures in the Medical Botany entitle them to higher regard than those of the Vegetable Mate-~ na Medica. Whether we regard Dr Bigelows work as a speci- men of art, or as a scientific exposition of facts, we think it may be safely put into the hands of foreigners, together with Cleavelands Mineralogy, in proof that we no longer mean to learn from them how to prize the riches contained in our forests and on our mountains. It gives us full reason to regret that the work, which he and Mr F. Boott had announced their intention to publish on the plants of New England, is likely to be delayed in consequence of the absence of the last gen- tleman from America. We have now brought down the literary history of our botany to the present day. Of the Hortus Kewensis, the Botanical Magazine, Lamarcks portion of the Encyclop~die M~thodique, and similar extensive collections of plants, we need say nothing, because they are the common property of the botanical world. We will only observe, that, in his more recent communications to Rees Cyclopiedia, sir James Ed- ward Smith seems to have paid very marked attention to our botany, and to discover a proper respect for our botanists, as may be gathered from the manner in which he alludes to Mi~ Nuttall and Dr Bigelow in several passages; from what he says of Mr F. Boott in the articles Viola pubescens and Utri- cularia cornuta, and of Dr Muhlenberg in describing the grass dedicated to that eminent naturalist by Schreber. We have. omitted to make any particular mention of Forsters Cata- logue of the Plants of North America,* Hosacks Hortus Elginensis, Richs Synopsis of the Genera of North Ameri- can Plants, Torreys Catalogue of the Plants of New York,t * This Catalogue we have seen in several forms; but it most commonly occurs in the appendix to Forsters translation of l3ossus Travels in Lou. isiana. ~ We cannot refrain from forsaking our plan so far as to express our re- spect for Dr Torrey, whose name we have more than once had occasion to introduce into this article, as a zealous and successful botanist. The Cata. logue reterred to in the text, prepared for the Lyceum by Dr Torrey, Dr 1S21 .1 Botany of the United Slates. 125 Pecks Catalogue of the Plants in the Botanic Garden at Cambridge, and some other books of the same description; as likewise of the elementary works of Eaton, Eberle, Lock, and Sumner because these, although for the most part useful and convenient, as applied to their intended purpose of facilitating the study of our botany, cannot, of course, be supposed to have made any material additions to the stock of botanical science in the United States. Nor were the preceding notices, as we intimated in the beginning with regard to the work at the head of this article, written with a view that any of the books men- tioned should be considered in the light of novelties, since the public opinion has fully appreciated their individual merits long before this time ; and indeed it is more especially from the public opinion that we have always been happy, where we could, to confirm our own sentiments. But we felt desirous to bring together into one view the printed botanical re- sources of our country; and having done this, we now pro- ceed to inquire into the completeness of these resources. In order to ascertain the number of plants hitherto describ- ed by botanists as growing spontaneously in the United States, we have been at some pains in counting the latest catalogue of them, which is contained in Nuttalls Genera. We found this catalogue to comprise thirty-two hundred and thirty phmnoga-~ ruous species. If to these we add the plants detected by Mr Boott on the White Hills, and the species communicated to Mr Eaton for his Manual by Dr Torrey, together with the few other species since found by Mr be Conte, Mr Eddy, Mr Ives, Mr Ra~nesque, and other botanists, we apprehend the number of our plants, as yet described, will hardly be made to exceed thirty-three hundred, exclusive of the crypto- gamous species. Even this number, limited as it is, has but recently been known to grow in our country. In 1803, when INlichaux published his fathers Flora, not half so many had been discovered; and since 1814 the number has received an accession of four hundred vegetables, for Purshs Flora con- tains but twenty-eight hundred and ninety-one phamogamous species, as we learn from Humboldts Prolegomena on the Geographical Distribution of Plants. The figures 4, 8 and 9 respectively will very nearly express the relative number of Eddy, and Dr Knevels, is drawn up with great skill, and with a fulness much above the ordinary scope of botanical catalogues. We therefore await, with great expectation, Dr Torreys promised Flora of New York. Bot~tn!, of the United States. [July, jih~ndganious species enumerated by Michaux, Pursh, and Nuttall. Now if we consider that Europe, embracing perhaps U less extent of tetritory tht~n the United States, and certainly flot affording greater diversities of climate, is known to con- tain at least seven thousand pha~nogamous species of plants proper td xtseif,* we cannot avoid being led to the conclusion that the t~numeration of our plants is still exceedingly incom- plete. Nor cotdd we justly anticipate any thing else from an exam- ination of the facts. So long as the greater part of our conti- xrent remains an untrodden wilderness, and the rest is but just recovering from the state in which it left the hands of nature% it is useless to think of writing or publishing a perfect North American Flora. Men of science are as yet only scattered here and there by the sea-coast and on the banks of oOr great rivers: they have neither opportunity nor leisure to erpIor~ their immediate neighborhood; much less have they been able to traverse the vast extent of our western and northertl hemisphere. They have made little excursions into the bor- ders of their residence, but they have not discovered a thou.- eandth part of the natural riches, which abound in careless profusion throughout the country, and which must waste their sweetness in the desert for generations yet to come. We shall be confirmed in this opinion of the great incompleteness of all existing collections, if we advert to the localities indicated in those collections. We find they say little of Florida, little of the regions bordering on the Lakes, little even of some of the In 1817, it was calculated that there had been described or preserved, hi herbals 44000 plants, of which 6000 were cryptogamous, and 38000 thxnogauious species. Of the latter the following~ Was suppu.~ed to be the distribution, namely: Eiu~6pe - - - . - - - - 7000 The temperate regions of Asia - - - - - 1500 The tropical regions of Asia and the adjacent islands 4500 Africa - - - - - - - 3000~ The temperate regions of America-in both hemispheres 4000 The tropical regions of America - - - - 13000 J~g~* Holland and tJie islands of the Pacific ocean - - 5000 38000 See Humboldt, de Distributione geographica Plantarum secundum Uceli Temperiern et Altitudinem Montium Prolegomena, p. ~23. Decan~ dolle thinks, if all the plants on the globe were known, they would be found to exceed a hundred thousand species. Thtorie elementaire de la Botaniquej ed. 2de, p. 25. 1~21.] Potany of tke Unite4 States. t~7 maritime States, as Maine and New Hampshire. And how much do we know of the rich and verdant tract spread out i4 the immense valley of the Mississippi and his tributary waters, of the boundless savannas in the West, of the widely-extend- ed regions beyond, that are washed by the Pacific Ocean? Al! these comprehensive sections of our territory, for some of which the world can show no parallel for mildness of cli. mate, extent of irrigation, and inexhaustible fertility of soil, are as yet but superficially known to the botanist. How rich the tracts of country West of the Mississippi are in undescribed plants may be satisfactorily seen, from a circarn- stance attending the expedition of Lewis and Clarke across the continent of North America. In the cotirse of the slow ascent of the expedition towards the head-waters of the Mis~ souri, an extensive collection of plants was made, which, being desposited at the foot of the Rocky Mountains, wa~ unforw. nately never recovered. During the rapid return of the expe- dition, after recrossing the mountains, a second, but smaller, collection was made by Mr Lewis, consisting of about one hundred and fifty specimens, among which were not above a dozen plants before ascertained to be natives of this co~~tinent, the rest being altogether new or but little known, and contaua~ ing six or seven distinct undescribed genera. Many of then~ also were highly remarkable, not only as new plants, but as po~- sessed of useful or curious properties. Such were the Psoralea esculenta, whose root is an ordinary article of food among the savages; the Mahonia Aquifolium, bearing esculent berries; the Maclura aurantiaca, whose ornamental foliage and fruit and heavy solid wood render it of great value; the Bartonia orna- ta, with its brilliant odorous flowers resembling the larger Cacti and making it worthy of the distinguished antiquary and natu- ralist whom its name is intended to commemorate. The fact, therefore, that so large a proportion of the plants brought back by Lewis and Clarke were new to botanists, fully proved the botanical richness of a region, where indeed Mr Nuttall and Mr Bradhury have since made so many interesting discove- ries, and which still remains open to reward the zeal of future naturalists. Nor do we believe that any considerable portion of the re- gions on this side of the Alleghany has been thoroughly inves~ tigated. Let us examine the botanical catalogues, that havq been made, of the neighborhood of our larger maritui~ Botany of the United States. 128 [July~ cities,spots, which, from the narrowness of their extent, and from the multitude of botanists by whom they are likely to be inspected, We may suppose to have undergone a more perfect scrutiny than any of the wild recesses in the West. Do we find that either of these collections has exhausted the botany even of the confined district which its plan comprehends? So far is this from being the fact, that every day is exposing the deficiencies of our most valuable Floras. Our readers will not doubt, from what we have said in another part of this article, that we entertain a high opinion of the Florula Bostoniensis. This work embraces a narrow circuit of less than two hundred square miles in area, its localities seldom departing from Mil-. ton, Dorchester, Roxbury, Brookline, Brighton, Watertown, Cambridge, Medford, Charlestown and Chelsea, all included in the half of a small circle of which Boston is the centre, as may be perceived by casting the eye upon Hales Map; and we have good reason to believe that, open to examination as this tract is in all its parts, the five hundred species described in the Florula do not exceed three quarters of the species growing spontaneously in the vicinity of Boston. Now if we recollect that the Vicinity of Boston exhibits no extraordinary varieties of soil or structure, that it is shaded by few and those insignificant forests, that it presents hardly one of those rich watered glens, which, in many parts of New England, are perpetually verdant with a diversified succession of luxuriant vegetables, that it is not large enough to contain those moun- tainous ridges which enjoy such a peculiar vegetation,if we recollect all these circumstances, and at the same consider how many plants in this district were overlooked by the practised eye of so discerning a botanist as Dr Bigelow, what shall we say of all those other more extensive districts in the Atlantic States, in which the foot of a botanist treads only by chance and at protracted intervals? We do not mean to infer from this, that every space of two hundred miles in extent from Maine to Georgia would afford a century or two of species omitted in all existing collections of our plants, because the vegetation of most of the Middle and Eastern States is so uniform, that a botanist, who has ex- amined a.ll the plants growing near Albany or New York, for example, has probably seen most, but certainly not all, of those which could be found about Boston, and the reverse; and thus a naturalist, who elucidates the botany of any con-. 1821.] )iotany of the United States. 129 siderable portion of a single State, as Connecticut, does much towards elucidating that of the whole of New England. But surely we shall be justified in concluding from it, that the botany even of the best inhabited parts of the country is still but imperfectly known. And only adverting .to the single fact, that the Florula Bostoniensis contains two new species, and supposing that in the average every hundred miles in the two and a half millions comprehended by the United States is capable of furnishing a non-descript species,~-in which sup- position we really can see nothing unreasonable,and we shall still have an immense field of investigation remaining for botanists in the United States. Beside these general views of the subject there are distinct considerations belonging to some of the natural orders and also to certain groupes of plants apart from the natural orders, of which we will only mention a few examples. From the exact calculations of a botanist, whom the Baron de Humboldt em- ployed for that service,* it appears that the Gramine~e alone form a tenth part of our ph~enogamous vegetables, and the Gramine~e with the two proximate families of Cyperoide~e and Juncea~ one eighth part of the same; and although, as we have remarked before, these families were till recently much neglected among us, yet Muhlenbergs Description of the Grasses in a great measure atones for and remedies this neg~ lect; but the numerous Graminea~ and Cyperoide~e are so intricate in their characters, that we can hardly suppose they are even now so fully elucidated as the more attractive and ostentatious families. Another extensi,ve order is formed of the Composit~, which amount to one sixth part of our ph~no- gamous plants, and at some seasons of the year almost cover our fields with their luxuriant flowers. Next to the Gramine~e, this family is perhaps the most difficult in its lower subdivis- ions, in a few of the generic differences and in very many of the specific. The kindred genera of Erigeron, Inula, Aster and Solidago contain each so many species, and these so much alike The natural orders of our pkenogarnous plants are stated by Hum- boldt to be as fidlows, namely: Cyperoide~ one 40th, Gramine~e one 10th, Juncea one 152d, LabiatEe one 40th, 1thinanthe~e and Scrophularke one 56th, Erice~e and Rhododendra one 36th, Composit~e one 6th, Umbellife. r~ one 57th, Crucifer~ one 62d, Malvace~ one 125th, Caryophy1le~ one 72d, Leguminosx one 19th, Amentace~ one 25th, and Conifer~ one 105th, supposing the whole number taken for the integer to be 2891 as collected in Purshs Flora. .New Series, Ao. 7~ 17 130 Botany of the United States. [July, in their exterior qualities, that modern botanists have been obliged not only to draw out their specific characters to a most burdensome length, but likewise in several cases to resort to the microscope for the detection of well-founded differences for the species. Not to extend these details. too far, we will only refer to one more natural assemblage of pha~nogamous plants, the Amentace~ and Conifera~, which include a large proportion of our forest-trees. Of all our vegetable produc- tions these are unquestionably the pride and glory; for none of the forests in other temperate regions of the globe rival ours in variety, magnitude, or splendor. No part of Europe, for instance, in latitudes of corresponding temperature, can ex- hibit trees of so rich a foliage and inflorescence as the Mag- nolias, or of such stateliness as the Pinus strobus, sometimes rising to the height of upwards of two hundred feet~ with a straight and graceful trunk more than twenty feet in circum- ference at the base, the Liriodendron tulipifera with a trunk still more beautiful than the pines, the Pavia lutea, Pavia Ohioensis or Rhododendron maximum. Again, the younger Michaux mentions, as a striking fact, that he had observed in the United States a hundred and thirty seven trees, which rise above the height of thirty feet, whereof ninety-five are em- ployed in the arts; but that France, on the contrary, which might be considered a pretty fair representation of the same range of temperature, produced no more than thirty-seven trees of equal height, including but eighteen forest-trees, and that of these only seven were employed in civil or marine architecture. Without stopping to draw the political infer- ences, which this comparison would suggest, we will merely say that Michaux, in his History of our Forest Trees was so far from exhausting the subject, that he did not even pretend to have crossed the Mississippi, that he confessedly left the history of the trees even on this side the mountains incom- plete, and that several very important additions have already been made to the forest-trees which he was able to enume- rate. All that precedes will apply only to the phienogamous spe- cies: for we shall find our agamous plants to have been gen- erally neglected by naturalists. Clayton sent Gronovius an account of only ninety-five species of this extensive class, Michaux falls short of the same number, and, as we have already observed, no part of them excepting the ferns engaged 1821.] Botany of the United States. 131 the attention of Pursh or Nuttall. Yet so multitudinous are the plants of this family, that Muhlenberg, in his Catalogue, makes mention of more than eight hundred species, and about one seventh of all the genera there enumerated are of the class Cryptogamia. And what sets the deficiency of our botanical publications on this head in a clearer light is the fact affirmed by Dr Schweiniz, that he himself had observed nearly one thousand six hundred species of the single order of Fungi in the western part of North Carolina. Eaton gives us very com- plete descriptions of a hundred cryptogarnous genera and a cursory account of four hundred and seventy-six species; which is very much more than any preceding botanist has done: but Eaton and Nuttall both refer us on this head to Muhlenbergs long-promised Flora Lancastriensis. How far the labors of Dr Muhlenberg and Mr Collins, who are under- stood to have been particularly sedulous concerning the cryp- togamous families, might go towards supplying the deficient information on this subject, we cannot tell. These plants, however, which it almost baffled the ingenuity of Linmeus himself to arrange, abundant as they are in this country, can at present be studied with no better assistance than a few restricted publications afford, so that upon no class of our veg- etable productions is it more desirable that experienced botan- ists should bestow their industry. But our knowledge of this class will not long remain so imperfect, if Dr Schweiniz meets with encouragement to publish his intended Description of the Cryptogamous Plants of North America; of which he has recently printed a specimen, containing the hepatic mosses, executed after the manner of Purshs Flora. In addition to these and other general or particular defects in the botanical collections relating to the United States, an- other very important object of inquiry is the difference and affinity between our plants and those of Europe. No doubt there are many vegetables, which were always common to the two continents, such as Epilobium alpinum, Azalea Lapponi- ca, Diapensia Lapponica, Carex curta, Betula nana, Linna~a borealis, Draba nivalis, Lobelia Dortmanna, Humulus Lupulus, Anemone nemorosa, several of the Veronic~, Arenari~ and Ra- nunculi; and many likewise which are known to have emi- grated with the colonists, Leontodon Taraxacum, for instance, Sonchus oleraceus, Arctium Lappa, Conium maculatum, Hyos- cyamus niger, Chelidonium majus, Symphytum officinale, Triti.. 132 Botany of the United Statee. [July, cum repens, Raphanus Raphanistrum, Cnicus arvensis, Malva rotundifolia, Ornithogalum umbellatum and Polygonum avicu- lare ;* and some which we have imparted to Europe, as Rumex sangumeus, Erigeron Canadense, Phytolacca decandra, several Ambrose~e and Amaranth; but the number of plants origi- nally common to the eastern and western continents is much smaller than has been generally imagined, if it be true, which has been affirmed on good authority, that Purshs Flora con- tains only three hundred eighty-five plants properly European, that is, no more than TT of the ph~nogamous vegetables then ascertained to spring up spontaneously in the United States. Even this small number is continually diminishing; for al- though certain plants, beyond a question, are actually common to the two continents, especially some of the boreal and alpine plants, yet late botanists have made new species of many of the plants which were formerly accounted European. Thus the plants, which were long supposed to be Viola canina, Tn- entalis Europa~a, Valisneria spiralis, Erythronium dens canis, Alisma Plantago, Crata~gus oxyacantha, Sorbus aucuparia and Cypnipedium Calceolus, and of course European, are consider- ed as distinct by Pursh and others under the names of Viola debilis, Valisneria Americana, Erythronium Americanum, Alisma trivialis, Crata~gus apiifolia, Sorbus microphylla and Cypripedium parvifiorium. Nor is this all the difficulty. Not unfrequently an American plant occurs, which, in its exterior botanical aspect, is incapable of being distinguished from the European, but yet is known to be essentially different in its chemical or physiological properties. Dr Bigelow adduces two or three remarkable instances of this fact, in his interest-. Ing, and, so far as we could judge in examining much of the same scenery with his work in our hands, very complete and accurate Description of the White Mountains. A species of ~ Humboldt, in the work referred to above, seems to think that Poly~ gonum aviculare was always common; but Josselyn, in his Rarities of New England, recounts it among the emigrants. It may be mentioned here, that the remarks in the text are confined to Europe. Pallass Herbarium and Flora Rossica evince that the plants of North Asia have great affinity with our own; and the eastern shores of Asia between the parallels of thirty and forty five are said to contain many plants also found on the eastern shore of North America. Asiatic Tartary appears generally t~ resemble the primitive state of North America in climate, vegetable pro. ductions, aboriginal inhabitants and dialects so much more than any other region of the world, that a judicious investigation of the subject is a great desideratum in our historical antiquities. 18214 Botany of the United States. 133 ~thusa growing about Boston, although botanically the same with Ahhusa cynapium, is altogether destitute of the nauseous alliaceous taste by which that plant is noted in Europe. An- other instance, adduced in Bigelows Medical Botany, is of Asarum Canadense, which, although widely different in effect upon the human body, the elder Michaux says can with diffi- culty be distinguished from a European species of Asarum. A still more striking case is that of the chestnut-tree. Michaux the son thought the American chestnut distinct from the Casta- nea vesca, relying for his distinctions chiefly on the size and shape of the fruit; hut Pursh and Nuttall deny that there is any thing in our chestnut sufficiently marked to become the ground of a specific description. Yet the wood of our chestnut is porous, ~veak and brittle, while in Europe that tree is in the highest estimation for compactness, tenacity and strength. In Italy the chestnut is employed in making staves for wine and brandy-casks, but the staves fabricated from it here have not been found close-grained enough for the same purpose. Throughout France and the rest of South Europe, the hoops of casks and vats of all dimensions are generally made of young chestnut, which experience testifies to be as flexible, tough and elastic as the occasion requires, and moreover pecu- liarly eligible on account of its durability: whereas coopers in this country uniformly assured Michaux that our chestnut was too brittle to be used in hooping. In both continents, how- ever, the chestnut is equally valued for its capacity of with- standing exposure to the vicissitudes of heat and cold, of mois- ture and dryness, for which reason it is preferred in several of the Middle States in the construction of rails and posts for enclosures.* These examples, which might be multiplied, will suffice to show the nature of the fact, and to manifest the ne-. ~ The trunk of the chestnut in Europe exceeds that of all other trees in thickness. One of these vegetable monsters growing on the sides of mount Zfitna is asserted by Michaux to be a hundred and sixty feet in circumference, or fifty three feet in diameter, entirely hollow md subsist- ing only by means of the bark and a few adjacent layers of wood. Near this chestnut are several others, seventy.five feet in circumference. Not far from Sancerre in France is a chestnut thirty feet in circumference, with a. perfectly sound trunk, which is supposed to be a thousand years old, and which for six hundred years has gone by the name of le Gras CMtaigner. No chestnuts of such enormous size have yet been noticed in the United States; but the chestnuts, which grow on the mountains of North Carolina, are as large as the generality of chesnuts in Europe. Michaux, Histoire des Arbres Forestiers d~ 1Amerique Septentrionale, tom. ii, p. 157. 134 ~1 voyage to ~he internal world. [July, l2essity there is for a careful examination of the differences between allied plants in Europe and America. That these and all other deficiences in our botanical collec- tions will be made up by those who are most directly inter- ested in seeing it accomplished, by native Americans, we certainly have at this time equal reason to hope and believe. The prevalence of the study of botany, either as a source of elegant recreation, or as a means of enlarging the boundaries of human knowledge and multiplying the comforts of human life, is much increased in our country since that period, when the few botanists, who belonged to it, looked to nothing higher than the ministering to the curiosity of two or three men of letters in Europe. And although we are not of opinion that botany has any peculiar tendency to instill exalted notions of moral obligation like ethics, or sharpen the acuteness of our intellectual powers like abstract reasoning, yet we think it au- thorized to assume a very respectable rank among the sciences of secondary importance: for, even encumbered as it now is with artificial forms, if the study of it be pursued, where alone it ought to be pursued, among the wild scenes of our mead- ows, rocks and forests, it cannot fail to improve the mind and heart by leading the imagination to dwell upon those noble exhibitions of the power of providence in exterior nature, the majesty of which is only surpassed by their beauty. ART. VI.Symzonia, a Voyage of Discovery, by Captain ./Idam Seaborn. New York, 1820. l2mo, pp. 248. NOTHING furnishes a stronger illustration of the superficial taste of men, than the almost exclusive attention they have paid to the external surface of the globe. The same willing- ness to be blinded by the outside appearance, which obtains in the details of manners and character, has exerted a much more pernicious effect on the general regard men have be- stowed upon the earth they inhabit. One is fatigued with the mass of travels to explore its unknown regions, of voyages to discover its distant seas. Not an arrogant mountain, that towers upward, but has been measured; nor an indenture on the rind, by the name of an ocean, a mine, or a valley, but has been fathomed, descended, and traversed till one is weary of

A Voyage to the Internal World 134-143

134 ~1 voyage to ~he internal world. [July, l2essity there is for a careful examination of the differences between allied plants in Europe and America. That these and all other deficiences in our botanical collec- tions will be made up by those who are most directly inter- ested in seeing it accomplished, by native Americans, we certainly have at this time equal reason to hope and believe. The prevalence of the study of botany, either as a source of elegant recreation, or as a means of enlarging the boundaries of human knowledge and multiplying the comforts of human life, is much increased in our country since that period, when the few botanists, who belonged to it, looked to nothing higher than the ministering to the curiosity of two or three men of letters in Europe. And although we are not of opinion that botany has any peculiar tendency to instill exalted notions of moral obligation like ethics, or sharpen the acuteness of our intellectual powers like abstract reasoning, yet we think it au- thorized to assume a very respectable rank among the sciences of secondary importance: for, even encumbered as it now is with artificial forms, if the study of it be pursued, where alone it ought to be pursued, among the wild scenes of our mead- ows, rocks and forests, it cannot fail to improve the mind and heart by leading the imagination to dwell upon those noble exhibitions of the power of providence in exterior nature, the majesty of which is only surpassed by their beauty. ART. VI.Symzonia, a Voyage of Discovery, by Captain ./Idam Seaborn. New York, 1820. l2mo, pp. 248. NOTHING furnishes a stronger illustration of the superficial taste of men, than the almost exclusive attention they have paid to the external surface of the globe. The same willing- ness to be blinded by the outside appearance, which obtains in the details of manners and character, has exerted a much more pernicious effect on the general regard men have be- stowed upon the earth they inhabit. One is fatigued with the mass of travels to explore its unknown regions, of voyages to discover its distant seas. Not an arrogant mountain, that towers upward, but has been measured; nor an indenture on the rind, by the name of an ocean, a mine, or a valley, but has been fathomed, descended, and traversed till one is weary of 1821.] 4 vo~yage to tAe internal world~ this superficial pains-taking. All the while, the honest solid interior, the root and heart and kernel, the marrow and pith, the sacred penetralia of our globe have remained worse than unexplored. We say, worse than unexplored, because if men had con- fined themselves to a total neglect of these regions, much as we should have derided their folly, for travelling round and round so fair an abode without venturing bravely into it, we could have accused them of nothing worse than insensibility. It is a matter, however, which admits of no disguise to the diligent student of antiquity, or the observer of popular belief, that the conduct of men toward these interior regions has not. rested here. And without trying to soften what after all must be confessed and hurried over as well as it can, it is a fact too notorious to be concealed, that the ancients from some primi- tive pique against the internals, early contrived to get the t in the name of the latter changed into auf; and to propa- gate the idea, that the centre of the earth was actually the location of a spot, which we desire not to mention to the ears polite of the public. This seems to have produced an awk- ward feeling in mens minds, about visiting these abodes; and as the same insidious geographers were careful to lay down the entrance to them either in some pestiferous grotto or flaming cra- ter, the persons best inclined by temper and taste to gravitate to the centre have either been wholly deterred., or gone about it with great tardiness of spirit. One of the most distinguish- ed explorers of ancient times, indeed, found courage to un- dertake the excursion, by the virtue of a branch of gold, which he had the good fortune to find growing near the ave- nue; and if any thing would be attractive enough to enlist imitators of the experiment, we think it would be to have the entrance, through forests equally promising. We find no men- tion in Michaux, however, of a fungus of this kind, on any of our forest trees; and a late distinguished prince, the unfortu- nate emperor of Hayti, appears to have placed his hopes for the discovery of the internal regions (we make a matter of conscience to restore the t) on an attraction the same, to be sure, in principle, but different in form; for it is the only apophthegm, as far as we are acquainted, preserved of this monarch, that if there were a bag of coffee in the mouth of there would be two Americans after it. To do men justice, it must be acknowledged after all, that 1$6 ./2 voyage to the internal toorld. [July, this their conduct has not proceeded from an abstract aversion to having the lower regions explored. On the contrary, they have shown themselves more disinterested on this head, than on most others. Backxvard as they have been to undertake the expedition themselves, there is none on which they are so ready to set out their neighbours; and if polite wishes and friendly intimations could carry one thither, there are not many parts of the upper regions, which would be more frequented than the lower. But it seems to have but little effect; and people stand complimenting each other, like over polite folks at a door, neither being willing to take the first step, and each bowing his friend heartily onward. We confess that we have always thought this prejudice against the interior unreasonable, and wholly unauthorized by analogy,the best guide we can have in the want of positive information. The works of nature, the more they are studied, are found to exhibit a certain beautiful harmony, on which we have a right to proceed in regard to what is unknown. There are so few productions of nature, which fall beneath our inspec- tion, of which the outside is not the least valuable part, that we find it hard to believe that she has lavished all her re- sources on the exterior of the great globe itself; and con- demned the main mass of it to~ a base and inanimate stratifica- tion, or to a hopeless chaos. In general, that which is good for much, whether in the unorganized, the vegetable, animal, or intellectual world, carries its merit within; and external beauties and superficial merits are proverbially transitory and worthless; either found to be unattended with interior worth, or at any rate far less permanent, and liable to rust, mildew, and decay. If you would have a fixed and permanent scarlet dye, you must seek out some unpromising mineral oxyde, or grind up a poor worm from a foreign coast; while that which you find on the leaves of the tulip, on a beautiful cheek, or the evening sky is gone almost before you can notice it. Messrs Perkins, Fairman, and Heath, nay Messrs Murray, Draper, & Co. have an ingenious machine, by the aid of which, and a productive paper-mill, they can make money almost as fast as a woman of fashion can spend it; such beautiful money too, that our brethren in the xvest have already borrowed a mil- lion or two of it from one bank, without the demand being ha(f satisfied: nay, have even given a premium for the new bills over the old, as we ourselves, in our earlier days, remember to 1S21,] .11 voyage to tite rnterna~ world. 131 have entertained a strong prejudice in favor of a bright cent. So rapid too is the operation of this wonder-working machine, that what was hemp and flax yesterday, and linen, and rags, and money today, too often brings you down to rags tomor- row, and not perhaps quite so often as it might, to hemp again~ the day after. This is superficial money, while the true, inte- rior, substantial coin must be dug deep out of a dreary mine, amidst the rushing of subterranean waters, and the toiling of ponderous engines, and be beaten, and roasted, and smelted% and coined, and milled out of rough, unseemly ores; and after all is but a white or yellow counter, with an ugly Spanish nose upon it; while the other money is covered with ships, and eagles, and lions, and goddesses, as gay as the pantheon. The moment you turn your attention to the globe itself, you find it increase in value, as you penetrate below the surface; thereby furnishing the strongest encouragement to make tho- rough work; and instead of grubbing on the outside, go at once to the inside. The mere superficies of the earth is, as we all know, barren, sterile, worthless; and decked with beau- ties and riches not its own. The great trees, which adorn it, are not set down like flower pots on the top, but if Virgil can be trusted, actually go downxvard as far as they rise upward, and bring from below all that nourishes the splendid foliage above. It is so with the members of the whole vegetable tribe, which would die in the first sultry sun on the treacherous bosom of the soil, if they - did not shoot inward their sagacious fibres, and force down their greedy taproots, and suck out some of the nutriment of the rich strata within. The farther yo~ ~go down into the earth, the richer it grows. You first meet with your pigments and ochres, then with your rich porcelain clays and petuntzes; farther down you have your salt and your coal, and still farther your gold and your silver. Thei~ too what blessed fountains of health gush up from its hidden springs. It is a great thing on the surface of the earth to get plain fair water, and this, at some places, as at Taunton, is so weak that it will not run down hill. While the fountains from beneath come bubbling up with all their sparkling carbonic gases, and tingling chalyheate freshness. In short, we look upon the earth as a great fig, the outside black and unpromising; re- move the skin, and you come to an agreeable, nutritious pulp; while the germ, the fructific~ition, the origin, and life of the whole is shut up and enclosed in the centre. ~JVew Series, .Afo. 7. 18 i as I voyage to the internal world. [July, We have thrown together these ideas, by way of forestalling the favor of our readers to the projects of our ingenious coun- tryman, one of the few men of the day, who seems to have pursued these analogies, and to have emancipated himself from the slavery of superficials. Col. John C. Symmes, whose original and highly instructive correspondence has, till the appearance of the work at the head of our article, been com- municated in the columns of the government paper, seems to have caught, what may literally be called an insight into the nature of the earth, and to have disclosed the astonishing fact, that this globe we inhabit is but a shell, and that its interior surface is actually accessible. We are unfortunately not able to inform our readers, in what way the colonel was conducted to these interesting conclusions; but it does great credit to his zeal and the curiosity of his neighbours, to find him engaged in making his discoveries the subject of courses of lectures in some of the western towns. This fact reflects great honor on our country; and while the inhabitants of the old world are still grovelling about the surface and sending out voyage after voyage of circumnavigation and discovery, and expedition after expedition to the south pole and the north, we may claim, we think, the undisputed glory of suggesting and organ- izing a practicable route to the interior. The colonel, we believe, has presented the public with printed memoirs and lectures from his own pen. These, we regret to say, we have not had an opportunity of seeing ; probably from more pains having been taken, by the publish- er, to furnish the inside of the earth, than this poor bark on which we live. Nor can we wonder that the inhabitants of those regions should, out of gratitude, buy up the first editions of the colonels lucubrations; since, if they esteem it any ad- vantage to be brought to light, they must feel it to be one, for which they are exclusively indebted to him. The same grate- ful feeling appears to have actuated them in bestowing the name of their discoverer upon some of their regions; for, as our readers perceive in the title of this work, the chief in- ternal continent is actually called Symzonia. The work before us is the journal of a voyage actually un- dertaken and carried on with success, in pursuance of Col. Symmes discoveries. It was ostensibly made to the islands 4ately discovered in a high southern latitude, of which some of our shrewd countrymen are said to have kept the secret for 1821.] A voyage to the internal world 139 a course of years. But worthy Capt. Seaborn, whose name will go down to the admiration of the latest posterity with that of Col. Symmes, had no such ordinary views of interest, and leaving a part of his crew at these new found regions, he push.. ed boldly on with the rest to the southern opening, and made an effectual entrie into the before unexplored world. He found it, as might have been expected, instead of the dismal regions of the poets, the fiery volcanic caverns of cosmog- onists, or the solid massy granite of modern theorists, a light.. some, happy abode, with inland seas and islands, and ~vise and good men. The adventures of the worthy captain have a pleasing Gulliverian cast; and in point of authenticity will compare to great advantage with Sinbad the Sailor, Robinson Crusoe, Gen. Pillets researches in England, and the best of the modern English tourists in America. We heartily congratulate the public on this discovery, and augur from it the happiest results. In the first place, it pro.. cures us a vast accession of territory, probably of the richest kind, for if ordinary bottom lands are notoriously fertile, what must those be, which are not only at the bottom, but on the other side. The addition to our jurisdiction is almost immense. It is xvell known that in the vocabulary of political science, all nations, for the first time discovered, are heathen, savage, and barbarous; of course wholly without right or claim to the land on which they live, of which the property immediately vests in fee simple and unqualified sovereignty in the discoverer ;.. who becomes authorized, to use an expressive phrase, to ex- tinguish the Indian title, in which process it commonly hap.. pens that the Indian is extinguished with it. A milder policy, however, prevails in some regions; and in South America the natives are only condemned to perpetual slavery, in the mines. As these are five or six hundred fathoms deep, those who live in them are favored with a cool temperature in those hot tropical climates; and never coming up, are not exposed to those vicissitudes which bring on phthisis; and if such as tend at the furnaces have a warmer time, they are compensated again, by being steeped gratis in the fumes of the sublimating mercury of the amalgamation process, so that they get their calomel cheaper, though probably not more abundantly, than the patients of the most decisive modern physician. Should it be found expedient to run a tunnel from our external to our internal territories, tJlis would furnish us with a fine opportuni 140 si voyage to the internal world. [July, ty, to make the labor of our newly dicovered subjects avail- able, in this humane way; and when the work shall reach the point, where the respective gravitations from th~~ outward and inward surfaces meet, it will doubtless afford some novel theo- rems in the doctrine of forces, highly worthy the attention of the inquiring mind, particularly of the statesmen, who, in this awkward neutrality of party politics, hardly know how to choose their ground, and of writers like ourselves, who are of no party, which of all sides we ever happened to be on, is that where the kicks bear the largest proportion to the coppers. Secondly, we shall probably gain a great market for our pro. duce. There is no reason to believe that the Internals will not be glad to eat flour, and wear Waltham shirtings, and smoke tobacco; and it was ever a main feature of the benignant colonial policy, that the colony should feed and clothe itself from the mother country. Thus in our own happy state of colonial union with England, it was a crime in New England to manufacture hats, because this would cramp the industry of the mother country. The manufacture was accordingly pro- hibited, and this is what is called being fostered by the care of a mother country. Should the Internals refuse to eat, drink, and smoke, as we direct, there then will doubtless be found ways to compel them. As to the latter article, there can be no difficulty. No one takes tobacco at first without nausea, and if we actually put it down their throats by main force, a struggle, more or less, is of no consequence. Or we shall have but to draw a large curtain across the opening at the poles, and we can have them upon their knees, for their very sunshine. We have no doubt that Col. Symmes, who has distinguished himself so much in opening this passage, Would, with equal readiness, undertake to close it ;and if it were thought necessary for greater security, would erect a half moon, or even, like his comrade in Moliere, a whole one, on each of its opposite edges. With respect to the reputation of the discoverer, we think that these extraordinary disclosures will place the name of Col. Symmes on an equal rank with the illustrious Ilixiofon. If the mere conception of a north-western passage, which he did not find out, has given his glory to Columbus, what a title to immortality does not the colonel possess! The opinion Which may be formed of honest Capt. Seaborns researches has no effect on this question. If they are authentic, then 1821.] .~1 voyage to the inte~rnal world. 141 certainly the great proposer of this splendid path ought to live forever on the annals of fame if they are not authentic, nay if no such opening as the colonel describes should ever be found, we should be glad to know what this detracts from the brilliancy of Col. Symmes theory. Never have men been so niggardly, as to demand a mere practical success. Columbus would have been the most arrogant schemer on this principle. He sailed not for America, but for bdia ; and he thdught he had found it. But he did not find what he sought, and he did not seek what he found ; and yet we load him with praises, because he happened to be arrested by Hispaniola, on the way to the Indian ocean. Col. Symmes ought to have the ad- vantage of a similar indulgence. We doubt if all Pinkerton and Purchas contain more splendid discoveries than those which Col. Symmes projects, and we maintain that if the not finding a north-west passage round the world is a source of glory to Columbus, that the colonel has as fair a prospect of immortality, for not finding the passage through it. Sat est voluisse. The actual success is often a mere mechanical thing, in which chance, and ship-timber and fair weather have more to do, than learning or sagacity. Whether any body will a.tually penetrate to the interior (granting for a moment that the work before us is a romance) we are willing to leave in doubt. But we take leave, out of justice to merit to say, that we think Col. Symmes fairly entitled to the credit of a theory, which never entered into the head of any other man before; and of which, much as we should expect from the fruit of his lecturingif he lectures as well as he speculateswe have strong doubts whether it will ever enter into the head of any body again. He may be truly said to have exhausted worlds and then imagined new. Goldsmith bestows great and just commendations on the Belgic sires, for having, as he calls it, scooped out an empire; but our enterprising country~~ man, in scooping out the globe itself, and proving it to be a sort of terraqueous egg-shell, has furnished the future Gold- smiths of our country with higher themes of panegyric. It is impossible to anticipate the changes, which these great discoveries may make in science. If the falling of an apple led to the Newtonian theory of gravitation, what will not this excavation of the earth do for our systems of philosophy. The speculators of the present day, with a disposition some- what talparicmn, have chosen $ic centre of the earth as th~ 142 ~t2 voyage to the internal world. [July, great theatre of their doctrines. Not daring to meet the ex- amination of the world in the face of day, they have gone down To the mountains massy core, To the mines of living ore, To the dank and to the dry, To the unseen of mortal eye; and played their fantastic tricks in the antipodes of high heaven. The colonel, we think, will ferret them out. We have observ- ed the countenances of our geologists to lengthen ominously at the mention of Capt. Seaborns voyage ; and, Wernerian or Huttonian, we find they are alike far from relishing the test of an actual expedition to the regions, which they have chosen to fill with their central volcanoes and gulfs. We have not heard of one of them offering to accompany colonel Symmes to the centre. Cuvier affects to be busy with his Megatherion, the great school at Freyberg maintains a solemn silence with tegard to Col. Symmes call for volunteers; and we do not be- lieve that if the Pope, in imitation of the grant of his prede- cessor Alexander VI. to the Spaniards and Portuguese, were to cede one of the internal hemispheres to the Vulcanians, and the other to the Neptunians, that there is one of them would dare to put his theory to the touchstone of observation, and set off for the arctic or antarctic opening. We say, we do not believe it; there is no movement toward it. On the contrary, an effort is made to keep up a scornful silence, on the subject of Col. Syinmes proposals; an intemperate and arrogant in- difference is put on by the geologists ;they seem to think the disclosure is to be whiffled out of the worlds sight, by a boister- ous reserve on their part; and we think Col. Symmes should come out at once, with a R~ponse au silence de Messieurs les geologistes. The public will go along with him, in any step of this kind; for the hanging back of the geologists, on this occasion, has excited much the same disgust as Mr Clays re- fusal to emigrate to Shebro, with the reverend Mr Kezzel, and the brethren of his color. We have heard but one voice from the African Society of Boston on that subject, which was that of the admirable sentiment at their public festival, Mr Clay and our colored brethren, if he wants them to go, why does he not go himself? It is with a disapprobation equally marked, that the American public has seen the busy ignorance in ~yhich the geologists have chosen to remain in regard to Col. 1821.] internal improvements in South Carolina.. 143 Symmes offers to lead them through the polar openings, it- was thought that, with the first annunciation of the proposal, the Neptunians and Vulcanians would have respectively fitted out their, expeditions :that the one party, in a fire proof ship, with ropes and sails of amianthus, and masts of iron, with fire engines and fire buckets, and every thing necessary to with- stand a conflagration, would have sailed off, in a mass, to the southern opening, to explore their internal volcanoes. We do not say that they would have been bound in duty all to jump in ; but till they had gone to the crater, till they had brought us back some of their internal obsidian, till they had shown us a fragment of basalt or celestine from Symzonia, they could not have asked of the public any farther faith in their theories. Meantime, we should have looked for a corresponding conduct on the part of the Wernerians; an outfit to the interior gulf, a tight seaworthy vessel, with ample provisions to go and plough about on the edges of the great abyss,and then if they had come back and told us they had actually seen their old red sand stone, in a state of paste, and their antediluvian fish working their way through a surf of liquid schistus, they would have done more for their theory than they have hither- to been able to effect. This they should have done, but in- stead of this they keep grovelling upon the Calton hill, the chalk basin of Paris, and the Harz mountains, and if a piece of lava or madreporite from the centre would save the nation, we do not believe (here is one of them would go and fetch it. But it is time to draw to a close, and we beg leave to recom~ mend the discoveries of Col. Symmes again to the publhx His success with the unexplored interior of our earth is so signal, that we advise him next to turn his attention to th~ moon, unless as some features in his speculations lead us to tbink, he has already done it. ART. VII.1. Report of the civil and military engineer of the State of South Carolina,for the year 1819. 2. Plans and progress of internal improvement in South Carolina, with observations on the advantages resulting there rom, to the .dgricultural and Commercial interests of the St ate. Columbia, 1820. 3. Report of the Board of Public Works to the legislature of South Carolina for the year 1820.

Internal Improvements in South Carolina 143-154

1821.] internal improvements in South Carolina.. 143 Symmes offers to lead them through the polar openings, it- was thought that, with the first annunciation of the proposal, the Neptunians and Vulcanians would have respectively fitted out their, expeditions :that the one party, in a fire proof ship, with ropes and sails of amianthus, and masts of iron, with fire engines and fire buckets, and every thing necessary to with- stand a conflagration, would have sailed off, in a mass, to the southern opening, to explore their internal volcanoes. We do not say that they would have been bound in duty all to jump in ; but till they had gone to the crater, till they had brought us back some of their internal obsidian, till they had shown us a fragment of basalt or celestine from Symzonia, they could not have asked of the public any farther faith in their theories. Meantime, we should have looked for a corresponding conduct on the part of the Wernerians; an outfit to the interior gulf, a tight seaworthy vessel, with ample provisions to go and plough about on the edges of the great abyss,and then if they had come back and told us they had actually seen their old red sand stone, in a state of paste, and their antediluvian fish working their way through a surf of liquid schistus, they would have done more for their theory than they have hither- to been able to effect. This they should have done, but in- stead of this they keep grovelling upon the Calton hill, the chalk basin of Paris, and the Harz mountains, and if a piece of lava or madreporite from the centre would save the nation, we do not believe (here is one of them would go and fetch it. But it is time to draw to a close, and we beg leave to recom~ mend the discoveries of Col. Symmes again to the publhx His success with the unexplored interior of our earth is so signal, that we advise him next to turn his attention to th~ moon, unless as some features in his speculations lead us to tbink, he has already done it. ART. VII.1. Report of the civil and military engineer of the State of South Carolina,for the year 1819. 2. Plans and progress of internal improvement in South Carolina, with observations on the advantages resulting there rom, to the .dgricultural and Commercial interests of the St ate. Columbia, 1820. 3. Report of the Board of Public Works to the legislature of South Carolina for the year 1820. 144 Internal improvements in South Carolina. [July, IN the complaints, which are so often and perhaps so justly made, of the want of national patronage for great public ob- jects, too little, it may be, has been thought of the tendency of all our political institutions, to throw the care of these ob-. jects upon those who are more immediately concerned in effecting them. In a country of such prodigious extent as ours, presenting such occasion for every species of public works and public improvements, it will be allowed that the national legislature ought to proceed with extreme caution, in applying the common funds of the state to objects which may not be of common utility. But we are divided into independent cQmmunities so rich and powerful, that scarce any object of public utility is beyond the grasp of the re- sources of the single states ; so that, after all, the care of individual objects of public improvement is put into the hands of those most sure to be benefited by them, and most con- cerned by interest and most enabled by local situation to ac- complish them with zeal and economy. At the same time that this consideration ought to reconcile us to the abandon- ment to state patronage of many objects, to which the great engine of the national resources might be honourably and use- fully applied, we are far from defending a penurious policy on the part of the general government; and of all the applica- tions of the principle of constructive powers, if we may be pardoned the pleasantry in a serious connexion, we regard with most complacency that which authorizes Congress to construct roads, canals, and other similar public works. That the cause of internal improvement meantime is not suffering in the hands of the states, is abundantly evinced, not only in the truly glorious enterprise now achieving in New York, to which we have long coveted and hope soon to enjoy an opportunity of particularly calling our readers attention, but in the public works of the states of Virginia and North Carolina, to which we have, in former numbers of our journal, devoted some of our pages, and those which are going on in the same spirit in South Carolina. It is obvious that commerce depends not only on the di- ver.sity in the productions of different countries; but on the ~omparative cost in different countries of the same article. Among the circumstances that affect this, the expense of trans- portation from the place of growth or manufacture to the mar- ket is not the least considerable. In the case of an article so 1821.] I~aernal improvements in South Carolina. 145 bulky as cotton, this must necessarily constitute a material part of the cost. For this reason, canals, which have ever been an important object in commercial and manufacturing nations, and in the eyes of enlightened governments, become pecu- liarly so in a region, of which the staple is of the character alluded to. South Carolina, generally speaking, possesses a fertile soil, and from an early period contributed largely to British com- merce, in the articles of indigo and rice. Of late years not only has the first of these given place, in the lower dis- tricts, to that variety of the cotton plant distinguished by its short staple and green seed; but it has been found that the higher lands are congenial to the same species of cotton. It has accordingly spread through the western districts; a circum- stance which greatly adds to the importance of the works, which have for their object the facilitating of the water car- riage from the upper portions of the state to the coast. The state contains about twenty-four thousand square miles, and is naturally divided into the primitive and the alluvial country, the former extending westward from the falls of the rivers, the latter eastward about an hundred miles to the sea. As the climate of the upper country permits white men to labor, it has become populous; and if the predominance of political influence is found in this section of the state, it is warmly seconded by the lower country in the measures espe- cially necessary to its prosperity. During the war in Europe and the increased demand for cotton, its culture rapidly extended; but when peace allowed commercial nations to resume their enterprise, a supply of this commodity would of course be sought from sources least obstructed and expensive; and in the market of American cotton thus reduced those portions of our country would ne- cessarily have the advantage, who could bring their produce cheapest to the coast. Discerning men in South Carolina could not be slow in perceiving, that neighbouring states were in possession of advantages of natural navigation from the interior superior to their own. It was plain that the Missis.. sippi would pour a large amount of that staple product into the marts of the old world, at little expense beyond its first cost. The Savannah had been rendered navigable for steam boats, and the rate of carriage from Augusta to the metropolis materially reduced; while the fertility of the banks of the iVsw Series. A~Q. 7. 19 146 internal improvements in South Carolina. jjiuly, Alabama was inviting the emigration of their enterprising fellow-citizens. Meantime, however, it wa~ equally open to remark, that South Carolina itself was traversed by numerous rivers, and possessed the advantage of an excellent port; and of a wealthy metropolis, towards which every stream directed its course, actually requiring less expense to be rendered navigable, than the cost of land carriage for a single year. The importance of these considerations may be estimated by the value of the annual exports of the state, which had now risen to fourteen millions. Accordingly in December 1818, on the motion of Mr Poin.. sett, the legislature passed a resolve, directing the civil and military engineer of the stam to devise and adopt all such means as he shall deem expedient for opening certain rivers, therein specified. We beg leave to invite the attention of our readers to the objects contemplated in this resolve, and the progress made in effecting them. The principal rivers of the state of South Carolina are the Santee and the Pedee, and each has been the object of im- portant enterprises for the improvement of the navigation. The Santee communicates with Charleston by the Sea Island pas. sages, and is ascended without material obstruction to the vicinity of Columbia, a distance of one hundred and fifty miles. This city, the seat of government, is situated on an elevated plain, near the junction of the branches of the Con- garee, denominated the Saluda and the Broad river. These latter streams, after flowing more than a hundred miles through a productive country, as they approach each other, are pre- cipitated over successive ledges of granite, of no inconsider- able elevation and extent, and one great object in the inter- nal improvements in South Carolina has been to remove the obstacles thus produced in this part of the water carriage. The judicious plan of the engineer appears to have been, to throw a dam across the Saluda~ at the head of the falls, and from the more elevated surface of the river thus produced, to fill a canal, opened for the distance of two miles across the intervening ground, to Broad river; into which a descent is effected by locks about the middle of the falls. He then placed a dam a short space below the lock, and thereby flowed the upper part of the falls, and produced a reservoir to supply another canal, formed within the opposite shore, between the river and the city, leading at the distance of three miles, to 1821.] Internal improvements in South Carolina. 147 deep water at the steam-boat landing. In its course opposite the town, this canal is enlarged into a dock, for the reception of the luggage boats from below to exchange loads with the smaller craft of the upper navigation. After the confluence of the Saluda and Broad river, the stream takes the name of Congaree to its junction with the Wateree; after which, under the name of the Santee it de- scends to the ocean. The Wateree is naturally navigable to Camden. Above that town several falls occur, at which con- siderable works will be necessary, before we come to Rocky Mount, the greatest of the falls of South Carolina, and be- yond which the river still bears its native name of Catawba. This fall extends eight miles, and measures a hundred and seventy-eight feet of perpendicular descent. The canal alrea- dy commenced at this place, though remarkably favored by local circumstances, must be expensive. It does not appea that any estimate thereof is offered. When we recollect the inherent difficulty of computing an expense which depends on so many contingencies, the omission is not injudicious. It is said, however, in the report, that its completion (to- gether with the works doing in North Carolina) will open the navigation to the foot of the Blue Ridge, within fifty miles of the navigable waters of Tennessee and three hundred from Charleston, in a direct route for the trade of the Western States. This route may be very important, especially in time of war, in connexion with the water communication between the Southern and Eastern States, subsequently to be men- tioned. The Pedee, which name the Yadkin takes after an extensive course through the most productive districts of North Caro- lina, waters all the northern part of the state of South Caro- lina in a course of two hundred and fifty miles, till it finally reaches the coast at Georgetown harbor. By the ~kilfui application of mechanical engines, the bed of this river has been cleared, in two seasons, of the accumulat,ions, which collect in streams in an alluvial country before the banks are made a subject of public cftre. The several branches, moreover, of this river appear to be all considered of im- portance in the general plan. The Waccamaw has, how- ever, been esteemed of peculiar importance. Its course is nearly parallel to the sea coast, and it is of a depth capable of carrying vessels of one hundred and fifty tons to the dis 14~ Internal improvements in South Caro~inct. [itily, tance of eighty miles. This river owes its peculiar importance to the circumstance, that the inland water communication, so desirable between the southern and middle states, must be opened by means of a short canal from the nearest point of its course to Little river. This river discharges itself near Bea~fort, within the Sea Islands of North Carolina. By means of these works and the other improvements andnatural means of the adjoining states, a water carriage becomes practicable from Florida to the head of Chesapeake Bay, thence to the Delaware, by the canal long since commenced, (but suspend- ed for want of funds,) and from the Delaware to the Raritan; conveying southern produce to the remotest shores of the lakes and to the centre of New England. In a time of war espe- cially, this inland navigation would be of great importance, defended as it might readily be, at exposed points, by floating batteries or steam gun-boats. Experience has already taught this country how severely the interruption of commercial inter- course would be felt, under long continued hostilities, without safe water carriage both of produce and other merchandise, to say nothing of the munitions of war, and supplies for the navy~ The general plan of the improvements in South Carolina, is to concentrate all the business of the state, and of some part of the adjoining states, at the capital. From the harbor of Georgetown, therefore, a canal is making five miles, across the tongue of land which separates it from the Santee. If we con- sider the quantity of produce that must descend all these rivers to pass this little work, its beneficial effect must be very great, compared with its expense; besides its importance, when viewed as a part of the chain of inland water communi- cation among the states~ We have only to apprehend, that it may be made on too narrow a scale for that great purpose, and without conformity perhaps to the other links in the chain. It must not be forgotten, that the dimensions of this work will regulate those, which may hereafter be made in relation to it, in the other states, where manufactures are as progressive, as the agriculture of South Carolina. But we ought to retract our hesitating expression when we regard the liberality and enlightened spirit which the state has. already evinced. One million of dollars was at once appro- priated to these various works; and not less than a thousand northern laborers employed the second season. The works were commenced at once in so many places, that it was im 1821w] Internal improvements in Soutk Carolina. 149 possible for the states engineer to conduct them. To remody this defect, at the session of 1819 the Board of Public Works was constituted by an act of the legislature, composed of five members, two of whom are professional engineers, with sala- ries, the others public spirited individuals, who serve without compensation. The board is invested with corporate powers) end all requisite authority, and is under the presidency of Mr Poinsett. Besides the works already enumerated, the Ashley, which flows on the southern side of Charleston, is to be connected with the Edisto, by a canal of twelve miles. This river divides itself into two branches, and waters an extensive district to- wards the Savannah, the southern boundary of the state. And it seems to be even intended to open a communication with that extensive river. The board have, moreover, comprehended in their design every conceivable improvement for the facili- tating of the inland communication. They have made no small progress in the formation of a road, leading through the state towards Tennessee. It extends already, according to the report, from Charleston to Columbia, and from that town to the Saluda mountain. In all their operations the views of the board appear to have been ably seconded by the personal ex- ertions of gentlemen of fortune and influence in every part of the country. It has not escaped the observation of the intelligent projec- tors of these works, that they would avail but little, without a good system of navigation. It has, therefore, been their policy~ to encourage the introduction of steam boats, and other modes of conveyance, from which it has been demonstrated from some examples how great the savings to the public must finally be. We find it stated, in the second pamphlet at the head of our article, that since the Pedee river has been cleared of obstructions, so as to afford navigation for steam and team boats, cotton has been carried from Chatham and Society Hill to Georgetown for seventy-five cents the bale, whereas it could not be carried the same distance, by land, for less than two dollars, or by water, by the former xiavigation, for less than one dollar twenty-five cents. From Columbia, it is supposed, though this is not stated in the report, that 200,000 bales annually, of cotton, may be expected to descend. The saving of the cost of carriage on this amount would be - $250,000 ISO Internal improvements in South Carolina. [July, The difference between land and water carriage on half the quantity down to Columbia may be esti mated at - - - - - - - 125,000 The saving on merchandise carried into the coun- try we have no means of knowing but by compari- son. The country which Charleston must supply is more extensive than New England. Now, through Hadley canal, on Connecticut river, there pass annu- ally 6000 tons, through Middlesex canal about 2000, and on the intermediate roads probably 3000; in all 11,000 tons, with a saving of 10 dollars a ton, on wa~ ter transportation. Allowing no more to South Caro- lina, we must to the former items add, for the saving of 10 dollars on 11,000 tons - - - - 110,000 $485,000 Such is the annual saving in one district only of the state. The benefit, however, will principally depend on the modes of conveyance that shall be adopted. That mode of course will be preferable which shall best subserve the interest of the planter and the merchant; not that which is numerically the cheapest, but that which shall unite despatch with safety, regu- larity and economy of time, as well as moderateness of expense. The time required for the transport of produce to market is of material consequence. The demand, early in the season, is brisk; and the sooner the crop is down, the more opportiwii- ties there will be of a sale; besides, that the cotton is gather- ed in and prepared successively. Every great planter has successive quantities to send to market, and is solicitous to get them quickly to the hands of his factor. The reasons for des- patch are scarcely less urgent in the transport of supplies into the country, especially towards the close of the spring busi- ness and the approach of midsummer, when intercourse with the seaports is suspended for some months. We are led to these remarks from seeing that some reliance is placed, by the board, on the use of animal power in navi- gating these extensive rivers. It is not our purpose to decry experiments of any kind; nor to discredit the utility of this mode of conveyance, when nothing better is to be done. When, however, this last is not the case, it is an obvious question, whether the substitution of the power of the steam engine for horses has been fallacious. In England, the breweries, dis 1821.] Internal improvements in South Carolina. 151 tilleries, and mines, are notorious instances of the preference of steam engines; and the use of them on rail roads would be more applicable still to the elucidation of the point, were we better furnished with facts. It is stated in the report, that a boat propelled by the labor of eight mules, navigated by five men, carried three hundred bales two hundred and fifty miles in fifteen days, at the ex- pense of a hundred and sixteen dollars twenty-five cents, and that the freight was seventy-five cents a bale, amounting to two hundred twenty-five dollars; of course the apparent profit to the navigators was a hundred and eight dollars seventy-five cents. The object of this statement was only to shew the savings by this operation to the public; as the land car~age of the same number of bales would have amounted to six hun- dred dollars. It is unquestionably true, that for short distances, animal force may be applicable, while for great distances it is of doubtful expediency, among other reasons, because it cannot in its nature be at every moment equal. It is never operative to the full measure of the force employed. The steam engine on the other hand is a force, at every moment equal and indefatigable; and, whether great or small, is man- aged by one man. Though eight mules or horses can be governed and driven at once, it does not follow that sixteen could be. This power, therefore, has its limits in practice. It would be absurd to think of employing in one boat the ani- mal force of forty horses, while it is very easy to use a steam engine of that power. To estimate the comparative economy of steam engines, and horse power we are enabled to state the facts of an ex- periment on the Merrimack, in Massachusetts, with a small steam towing boat of five horse power. Her wheel was placed in the stern to enable her to pass through the locks on that navigation. She towed two boats of her own burden along side, and ascended the river at the rate of thirty miles a day. Her expenses are estimated to have been twelve dollars a day, for fuel, men, & c. We are inclined to think that even this steam engine, in the situation of the team boat abovementioned, would have done the business to more advantage, for the rea- son that the passage would have been made in five days, and at the expense of - - - - - - $60 and would have carried 180 bales at 75 cents - I 35 yielding a profit of - - - - - - 75 152 Internal improvements in Soutk Carolina. [July, or for three trips of five days $225, which is more than double the profit of the team boat for the same time. The difference in favor of steam engines appears much greater when on a larger scale. Take, for example, one of fifty tons instead of ten tons, this being the size which we under.. stand is contemplated by the Boston company to navigate the Pedee and pass the five mile canal near Georgetown. First, the steam boat will receive half a load - - - - - - 20 tons 2 luggage boats each 40 - 80 So that the load is - - 100 tons or 600 bales. The equipage and other expenses will he twenty dollars a day, aiI~ounting in a passage of seven days to - $140 Freight at $1,50 per bale - - - - 900 Apparent profit - - - - 760 Boats exceeding a hundred tons would probably not be so economical, simply because their burden would not perhaps permit of continual freights, nor admit of that celerity and des- patch necessary to this branch of navigation. We scarcely think it necessary to name the superior dura- tion of engines over animals, nor the liability of the latter to sickness and death. It is obvious, that if an engine requires to be readjusted, there is meanwhile no expense for fuel, but if one or two of a set of mules are unable to perform, still the rest must be fed. Experience and interest will undoubtedly instruct and guide men in all kinds of business: nor should we have dwelt thus long on this topic but from the apparent retrocession of this expedient from the great modern improve- ment of steam navigation. A difficulty exists in the navigation of the southern rivers, in the liability to extreme ~drought: but this it is proposed to overcome, in the building of the hulls of steam boats, by the use of that very light and durable timber, the spruce, which abounds in New Hampshire and Maine. A concurrence of favorable circumstances has attended the rapid settlement and improvement of the fortunate coun-. try, of which we have been speakifig. In climate and in pro- ductionsand ultimately in the facilities of trade, it will be unsurpassed by any other. But an apprehension is some- times expressed, that the quantity of cotton cultivated between 36~ of N. latitude and the gulf of Mexicoand from the 1821.] Internal improvements in South Carolina. 153 Atlantic to the Mississippi, may be too great for the European demand; and that we shall meet with a disadvantageous competition from india, and from the South American colo- nies. Yet this fear seems unfounded for the following rea- sons, which at once occur. Cotton will bear to be sent to China, when it costs here but ten cents per pound. With good management, it is supposed the planter might afford it even at eight cents. The voyage from the United States to China being much longer than from Bengal thither, we may safely presume, that if we are able to come into compe- tition with India in the cotton market, at this rate of cost here, the price in India must be at least as great, and therefore that the India cotton cannot interfere with ours in Europe, when the price is thus low, because the freight for a longer voyage than we have to perform must also be paid. The importance of this branch of commerce to the United States is seen in the fact, that more than half of all the cotton manufactured in England is from the United States; the quan- tity from India however is not small. In 1810, there were received seventy-nine thousand bales from that country: and from this, two hundred and forty thousand. In 1811, from India, fourteen thousand six hundred bales; from this country, one hundred and twenty-eight thousand five hundred. The ~auses, whatever they were, which produced this diminution in one year, evidently affected the India trade, more than the American trade, in this article. If we have indeed any thing to fear, it is from the Brazils. From that country the importation into England is less than from ours, in the proportion as three to eight, and from all other places, as three to ten. Uncertainty always attends cornmerce~ but the wants of mankind are ever reviving. Our own coun- try will consume a great quantity of cotton, new uses of it will be devised, and the demands of an increasing population, probably equal the progressive extent of its cultivation. When, however, the gross quantity becomes too great, improvements in the quality will be attempted. The use of gypsum as a manure has the same effect on this, as on other plants. Skill in this branch of husbandry will be exerted. The labor of the white population will be found, as it already is in the western districts of the Carolinas, not only practicable, but productive of cotton of better quality. In contemplating the immense resources Qf our country, we~ New Series, No. 7. 20 154 Air Witeatons Discourse. [July, are perhaps too prone to exult in its advantages. We shall not, however, fear to cherish a sentiment of national pride in them. And although it be not a new thing that a territory, extending through various climes, should reciprocate from its extrem- ities the benefits of trade, yet it is a circumstance equally re- inarkable and satisfactory, that these United States should be so bound together by diversity of habits and interests; a di- versity once supposed to be an ultimate cause of disunion, but which operates essentially as a cement of the national struc- ture. In closing the report it is stated, that from the progress made there is reason to believe that nearly all the improve.. ments contemplated by the legislature, opening an inland navi- gation of more than fifteen hundred miles, will be completed in the year 1822, and within the sum pledged and set apart for internal improvements. ART. VI1I..In ./lnniversary Discourse delivered before the New York Historical Society, December, 1820, by Henry Wheaton. OUR former volumes have borne testimony to the value of the anniversary discourses before the New York Historical Society, and the public judgment has anticipated ours in plac. ing this of Mr Wheaton in the most honorable rank of its predecessors. We cannot allow it, however, to take its sta- tion among the most respectable of the occasional produc- tions which our literature has furnished, without recording our tribute to the learning and sound philosophy which it displays, and dwelling a moment on one or two of the important topics which it treats. Mr Wheaton, in choosing a theme for his discourse, was led to wander a little from the usual path, and to select a topic not immediately connected with the history and antiquities of America. The science of public or international law is the subject to which his discourse is devoted, and the design of presenting a concise history of this great science is happily executed within its limits. Mr Wheaton correctly observes, in the outset, that the an- cient nations had very imperfect notions of international jus- tice, and that foreigner, barbarian, and enemy were synony

Mr. Wheaton's Discourse 154-169

154 Air Witeatons Discourse. [July, are perhaps too prone to exult in its advantages. We shall not, however, fear to cherish a sentiment of national pride in them. And although it be not a new thing that a territory, extending through various climes, should reciprocate from its extrem- ities the benefits of trade, yet it is a circumstance equally re- inarkable and satisfactory, that these United States should be so bound together by diversity of habits and interests; a di- versity once supposed to be an ultimate cause of disunion, but which operates essentially as a cement of the national struc- ture. In closing the report it is stated, that from the progress made there is reason to believe that nearly all the improve.. ments contemplated by the legislature, opening an inland navi- gation of more than fifteen hundred miles, will be completed in the year 1822, and within the sum pledged and set apart for internal improvements. ART. VI1I..In ./lnniversary Discourse delivered before the New York Historical Society, December, 1820, by Henry Wheaton. OUR former volumes have borne testimony to the value of the anniversary discourses before the New York Historical Society, and the public judgment has anticipated ours in plac. ing this of Mr Wheaton in the most honorable rank of its predecessors. We cannot allow it, however, to take its sta- tion among the most respectable of the occasional produc- tions which our literature has furnished, without recording our tribute to the learning and sound philosophy which it displays, and dwelling a moment on one or two of the important topics which it treats. Mr Wheaton, in choosing a theme for his discourse, was led to wander a little from the usual path, and to select a topic not immediately connected with the history and antiquities of America. The science of public or international law is the subject to which his discourse is devoted, and the design of presenting a concise history of this great science is happily executed within its limits. Mr Wheaton correctly observes, in the outset, that the an- cient nations had very imperfect notions of international jus- tice, and that foreigner, barbarian, and enemy were synony 1821.) .Mr Wheatorts Discourse. 155 mous terms. No proof of the truth intended in this proposi- tion is needed by those who are at all versed in antiquity. With respect to the word barbarian, however, we would ob- serve, that we are perhaps too ready to transfer to it, as applied by the Greeks and Romans respectively to all nations besides their own, some of the associations of ferocity and cruelty, which enter into the modern idea of barbarous. We believe it can be shown that barbarian was in the classic ages both of Greece and Rome simply synonymous with foreigner. It is a word apparently not of the original Greek stock; not being found so much as once, in its simple form, and but once in a compound form, in all the poems of Homer. This was early observed by the ancients themselves, and made a matter of difficulty, among others, by Strabo, who says, To~ ~r@n~Tsu J ~4ro~ OUV0~ MvcetOA~ J c~i Kc6pci~ y4cero ~ ~c~p~ospo~YoV~ ~p~4ov~ J ovJ~ev~s Str. xiv. 2. 28. The same intelligent geographer advances the opinion that the word was a sort of imitation of the rough and unmusical utterance of foreign languages. This opinion we think far more reasonable than that of the modern etymologists, a part of whom deduce this word for the Arabic brbr, to murmur, and others from the Syriac br, extra, a root also common to the Arabic and Chaldee in the same sense.* H. Stephens gives the preference to Strabos derivation, and Heumann, in an in- genious dissertation on the Barbaric philosophy, in the Acta Philosophorum, viii, defends it with considerable ingenuity. Heumaun, however, appears to be mistaken in ascribing an Egyptian origin to the word barbarian, on the strength of the following passage of Herodotus. Nixt~ ~cv vvY ~C4~rc/~u o1.u!Oevv f UO~ZrO, ~4oiV7~2SoV v yevoj4vev 7~O~S ~T~ ~o~p~ap(~ cGU?QV 75poEp7c/4cOai ~~~cipov~ .~ ~se~ o AV~r~:o: ~~~?iEOVTS ?OU~ f44 ~a ofS0yA0OO~oV~, ii. 158. Here we do not understand Herodotus to assert that the Egyp- tians actually applied the identical word ~p~c~po~ to those, who spoke languages different from their own, but that they used some corresponding term. For we believe it is the inva- riable practice of the father of history, in making use of See Golius; and Schicusner in the word ~4p~apo~. This opinion is also defended by Roth, in a memoir before the Royal Society of Munich, entitled Bemerkungen ueber den Sinn und den Gebrauch des Wortes Barber. He adduces however no new arguments in favor of it. 156 .711r 14Iteatons Discourse. [July7 Egyptian and Persian words, expressly to say that they are such as ~ i. 10, where he adds ~ ~~p 4v~ r~A~ozm o~rc~4 1~4~oi, and ii. 2, the memorable word E~, on which Goropius Becanus foundeth his proof that the Flamands are the oldest nation, and the Flemish the oldest language on earth, edp~o~e ~p~yc~ xa4ovrc~ ~ Apw. See also Herod. ii. 46. Whatever may be thought of this point, the passage first quoted from Herodotus affords strong confirmation that the radical idea of barbarian is, one who speaks a foreign tongue, or as Stephens expresses it, Sermone hkeso, imperfecto, in-. compto utens. There is a characteristic proof of this in Aristophanes, Ayes 200, where the birds are said to he bar- barians, till they had learned Greek; a passage which is finely illustrated in the account given by Herodotus of the origin of the oracle of Dodona, where he uses the expression ~ ~i ~d91~5, ~pnOo; ~o~rov ~ o~: 4~Oi~}-Eo-eo~t. ii. 57. We have al- ready seen, in the line of Homer, the only line in which the word ~p~apo~ occurs in any form in that poet, that its applica- tion rests upon the corrupt dialect of the Carians, Ko~p~ cap- ~c~po~v~tii. Thucydides, i. ~3, attempts to give an answer to the same question, which Strabo also discusses, why Homer called no nation barbarous; and finds that reason in the fact that the name of e/EAA~VE~ for Greeks not heing known in the time of Homer, that of p~apos, as opposed to it, could not have been used. But this appears not remarkably close in point of au- gument nor correct in point of fact, and there is another pas- sage in the same historian, ii. 68, where the true meaning of ~ viz, speaking a foreign tongue, is very forcibly though unintentionally illustrated, xcc~ ;AA~vioO~cep v~v ~ ~A~aoo~y r~-e ~rpc57oP c~r~ ~ A~ ~~Z7i0~P a ~ ~AAo: Ap~Ao~o~ ~cep.i do-tv. We observed that Thucydides errs in point of fact in saying that Homer makes no use of ~4p~ccpo~, because he had no distinctive name for Greeks; for though he does not use as afterwards employed, he uses Ao~vaoi and A~a~oi, and there is no doubt but that Agamemnon or Achilles looked down with as much disdain on the Phrygians, as the later Greeks did. But if we consider the radical meaning of the word ~4p~ap.~ to be, speaking a foreign tongue, the history of that early period suggests ample reason why this word should be sparingly used by Homer, since the Greek language could not, in the Trojan tir~es, have attained any thing like its subse- quent fixed charapter; and instead of wondering that Homer 1821.] Air Wheatons Discourse. 157 uses the word but once, we are strongly inclined to question the authenticity of Il. ii. 867. It is actually rejected, as Roth observes, by an ancient scholiast; though we cannot approve the latitude with which the Bipont Editor of Thucydides re- marks, that neither Eustathius, the Minor Scholia, nor any one else comments on this line. It is certainly commented upon by authors far more important than any Scholia, by Thucydi- des and Strabo, by Apollonius and according to Heyne, Ii. iv. 434, by txvo scholiasts in the Leyden manuscript. This idea of the radical meaning of barbarian in the pro- fane Greek writers is confirmed by its use in the New Testa- ment, as in the well known passage of St Paul, 1 Cor. xiv. 10, 11. Toe, a ru~o:. ~ ~A,v~v I a~0VOV. E~v CUP p4 4~i ~ ~QPO~C& ~Y ~ ~ !cro~c~ ?w A~AOUYTL ~ap~cp~ ~ ~ ~ i.c4 ~4p~cepo~. We might multiply passages both from profane and ecclesiastical writers to the same effect, but we content ourselves with one from Pindar, which is much to the purpose, and which we do not remember to have seen cited, in this connexion. Ode k2~v C?J?AP ~r4p~ce~o~ CUIC ~rcCAi77A0OCo; ~roAt~~ ~1 Such, no doubt, was the primitive signification of the word. It was by degrees used to express not only one who spoke a foreign tongue, but one who was characterised by the ferocity which was ascribed to remote and foreign nations. Still, how- ever, the original meaning was so firmly fixed, that the Ro- mans did not scruple to use it of themselves, meaning there- by simply not Greek. Plautus calls the Romans barbari and Italy barbaria, Pcen. iii. 2, 21; and Ovid in a well known passage says, Barbarus ego hic sum, quia non intelligor nih. Trist. v. 10, 57. At what period the name of Barbary began to be applied to the African coasts of the Mediterranean we do not know; that it has acquired the force of a simple proper name is apparent from its being so used by the Arabian writers themselves, as by Abulfeda, Africa, p. 4. We would only remark further, that there are ten or twelve passages in A~schylus, in which he introduces the Persians calling themselves barbarians, in such a way as shows that the term was used wholly without opprobrious association. We in- .illr Witeatons Discourse. [July, tended to have quoted a few of these, but find the remark and some of the citations anticipated in Krebs observations from Josephus, p. 269, and DOrvilles notes to Chariton, vi. 3. The former pronounces Vocem ~p~apo~ nihil acerbi odiosique continuisse, nec quicquam aliud denotasse quam Persas non esse Gr~ecas. But we ought to crave the pardon of our readers for this long discussion, into which the curiosity of the topic has led us. Our remarks, moreover, apply to the use of the term barbari- an, and are by no means intended to controvert Mr Wheatons position, that stranger and enemy were equivalent in the an- cient world. But we feel a strong desire to plead the cause of the Athenian character against the heavy charges, which Mr Wheaton brings against it. This, however, we shall forbear, not only because we freely acknowledge the justice of many of his views, but because we cannot afford space for the details, into which the controversy would carry us. With re- gard to domestic slavery, we think allowance ought to be made for the universality of the practice, in estimating the moral imperfection which it argues in the individual nations of anti- quity: and we ought also not to transfer too closely to the slavery of the ancients those notions which we form of it, from the shape in which it appears in modern times. Many of the most elegant, useful, and confidential arts of life were in the hands of slaves in Greece and Rome, and must have given a corresponding comfort to their condition ; while the ease with~ which slaves, being of the same color, were absorbed into the mass of the free population, was an alleviation, the want of which is the bitterest drug in the cup of African servitude. In the remarks on the Roman constitution we cannot but notice one, which is strongly characterized by what Gibbon finely calls a learned ignorance, and evinces deeper insight into the constitution of the Roman state, than might be done by many pages of positive detail After the Plebeians had risen to something like social and po- litical equality with the Patrician caste, and until the downfall of the republic, it presented the singular, and, to us, inexplicable phenomenon oC two (or rather three) legislative authorities~ each equally supreme, and acting in the same sphere, without any in- teri-iediate power to balance or reconcile their jarring preten- sions. 1821.] Air Wheatons Discours~. 159 We are fully of opinion that such a phenomenon as the Ro- man state presents on the ordinary explanation of its form of government is inexplicable ; and not merely one which would lead to the anarchy and confusion, which we actually witness in their history, but which could not exist an hour. It is diffi- cult to point out a different theory of the Roman constitution which shall be wholly free from objections; but it must be done, before the existence of the republic for three or four centuries can be rendered conformable to the known laws of human nature. We are ourselves inclined to believe that .Plebs and Populus have been too strongly contrasted, and that the former assembly, like the latter, included all the Pa- tricians who were not actually senators ; and that the only real difference between the two assemblies was that of the same Roman people, voting in the one by geographical parishes, and in the other by a scale of property. We would gladly believe that Mr Wheaton has drawn in colors somewhat too dark the state of society in the Roman empire. In estimating its character are we not too apt to fol- low the professed satirists, who see mankind only at the focus of corruption in the capital, and the historians, who write the history not of nations but of courts, not of the mass of men, but of those who separate themselves from the mass, by rare qualities, or high fortunes, or great adventures? What a false and injurious opinion would not he entertain of the state of society in England, at the beginning of the last century, who should apply Popes Satires to the mass of the nation. How many honorable matrons were there not in that country, kind and faithful mothers, virtuous wives, good women, whose lives were devoted throughout the great middle class of life to making the happiness of their husbands, of their children, and of their friends, by a round of duties and sacrifices not to be enumerated, at a time when the satirist, more for the sake of putting a stinging point to an antithesis, than for any better reason, pronounced that every woman at heart was open to condemnation. Whatever might have been his sincerity or impartiality, he was as little able to estimate the mass of the sex from the trumpery of a court, as to judge of the sweetness of a dew drop from the drippings of the common sewers. There is perhaps no more reason for inferring the character of the Roman women in the provinces, nay, of the majority nf the Ror~an ladies in the capital, from the example of the 160 .Mir Wheatons Discour~te. [July, Messalinas and the Livias, than there would be for classing the virtuous mothers and daughters of England, with the Mrs Mashams, the lady Montagues, and the others of that class. So also we have been used, too used it is to be apprehend.. ed, to inferring the universal depravity of French society, from the hereditary corruption of Paris and the glaring enor- mities of the revolution. But we imagine that whoever should visit the abodes of that part of the great population of France, which lives not in Paris nor for Paris, the small proprietors, the tenantry, the industrious manufacturers, the obscure circles of the little provincial towns, would find a far different race than that, which he had pictured to himself from the model of the elegant depravity of the saloons at the metropolis. With regard to Roman society, we think the great perfection to which their private law was brought, affords the strongest tes- timonyindirect, to be sure, but unequivocalin its favor. Where rights and privileges are so accurately defined, so nicely weighed, so jealously watched, and so powerfully pro.. tected, as we know from the records of the Roman law that the rights and privileges of the citizens were, even under the most despotic princes, the substance of virtue and happiness must exist. The popular notions of the unprincipled despo- tism of the emperors ought not to be carried so far, as to make us think that justice was not done between private man and man, or that property or life was insecure. Such a despo- tism as goes to the morals of a people, as poisons the springs of virtue, by separating probity and industry from all their hu- man rewards, does not deal in senatus consulta, in constitu- tions and rescripts, in prietorian edicts, in digests, institutions, and novels. We doubt the law-book in Russia is a mighty thin volume, to administer justice withal to a seventh of the terraqueous globe; and as for Turkey, the Cadi begins by taking one tenth of all property litigated, and then adjudges the equity of the possession to him who is likely to pay the largest bribe out of it. Under a despotism like this, it is hard to be industrious or honest; and it seems to us equally hard that the mass of a community should be otherwise, in a state where such a code as that of Rome was formed and administered. And if the murder, by a ferocious soldiery, of such a man as Papinian, prove the iron bondage of the capital and of the court, the life, labors, administration, and fame of such a man, his elevation to the imperial councils, his authority while liv- 1821.] .41 WItea~ons Discourse. 161 h~g and his reputation when dead, are as many prodfs on tile other side, that law was still reverenced in the land. And where the law is reverenced, there society cannot be called corrupt~ and one may say of it what is said of the saving virtue, Nullum numen abest, si sit prudentia. Having dismissed the subject of the international law among the ancients, Mr Wheaton pursues it from the first glimmerings in the dark ages to the writings of Francis de Victoria and Do- minic Soto, his pupil, two of the first authors in this depart- ruent after the revival of letters. One of the most interesting questions, which present themselves at this period, in respect to the law of nations, is the origin and progress of that disas. trous traffic, of which the consequences form, so peculiar a feature in modern society. It is fresh in the remembrance of our readers, that one of the predecessors of Mr Wheaton, at the tribune of the Historical Society, made a very able and ingenious effort, to second the bishop Gr~goire, in his vindi- cation of the character of Las Casas, against the popular charge of having promoted the slave trade, out of tenderness to the natives of the Spanish provinces, whom he thought less capable than the Africans of enduring the fatigues of the mines. Having given a full analysis of Mr Verplaneks arguments, a~ well as of those of Gr~goire, as we found them in the notes to Mr Verplaneks Discourse,* it seems our duty also to lay before our readers the remarks, which Mr Wheaton has made in reply. After observing that Soto appears to have condemned not the slave trade in general, butthe practice of kidnapping among the Portuguese traders, Mr Wheaton adds, I wish also it were in my power to concCr in the charitable judgment of the benevolent Gr6goi re, and of my learned friend and predecessor in this place, acquitting Las Casas himself from the imputation of having recommended this traffic as a substitute for what he probably deemed the greater cruelty and injustice of enslaving the American Indians, and consigning them to perish in working the mines of Mexico and Peru. But all that Las Gasas insisted upon was, that the natives of the New World be- came by the conquest the subjects of the Spanish crown, and not the private property of the conquerors; and he asserted the prin- ciple that kings have no authority to dispose of their subjects by ~ North American Review, vol. viii, p. 418 et seqq. JVew Series, JV~o. 7. 21 162 Air Witeatons Dzscour~. [July, delivering them over to other lords o~r vassals upon the Encomi- enda system. The book which he wrote to maintain even this moderate, and, as it would seem to us, self evident principle, was denounced by the tribunal of the inquisition, that steady and con- sistent foe of the rights of human nature.~ Las Casas probably considered this doctrine as compatible with his favorite project of substituting, for the American Indians, the already enslaved natives of Africa, who were supposed to be more capable of en- during excessive labor in the torrid zone, than the mild and feeble race, in whose favor all his sympathies had been excited, by his having been an eye witness of their cruel sufferings. You will be forcibly struck with the judicious observations upon this subject contained in a history of the Vice Royalty of Buenos Ayres, written by Gregorio Funes,t an acute and learned eccle- siastic and patriotic member of the Sovereign Congress of the United Provinces of La Plata, who with every disposition to see this cloud removed from the fame of Las Casas, after a candid examination of the question, reluctantly concludes that it must still rest there. The author of the classical work to which I have alluded deduces the history of the vast regions of Paraguay, Buenos Ayres, and Tucuman, from the discovery of the magnifi- cent river La Plata down to their recent revolution; and follows other historians in attributing the original importation of African slaves into South America to the infatuated counsels of Las Casas.1: He regards the circumstance of their introduction as highly unfavorable to the emancipation of his native country from the Spanish yoke, because it produced a new admixture of races, whose variety was already so difficult to amalgamate in social equality, consistently with social security, and because the education of youth in the midst of this degraded race was better fitted to form tyrants than free citizens. As to the evidence ad- duced by Gr~goire in exculpation of Las Casas, Dean Funes remarksthat the silence of historical writers as to contemporary facts is but negative testimony, which by the rules of sound criti- cism can have but little weight when opposed to the positive au- thority of authentic and impartial historians: That Herrera deserves to be ranked in this honorable class, and by order of Philip LI, had free access to the immense and valuable collection of documents contained in the archives of Simancas, an advan- taoe which no contemporary or subsequent writer has enjoyed, it having been ever since jealously guarded as the repository of the Southeys Hist. of Brazil, VOl. ~ p. 639. J%fote 16. t Ensayo cia la Ilistoria Civil del Paraguay, Buenoa Agres y Tucuman, eacrata poi el D~ctor 1). Gregorio Ennes, bean cia Ia Santa It?ie ic Uctedral de Cordova. Buenos dyres, 1817. * Ensayo Historico, torn. ii, p. 177. 1821.1 Air Wheatorts Discourse. 163 secrets of the Spanish inonarchy.~ He confidently denies that Herrera can be justly accuse dof not having made a judicious and candid use of these precious materials, or that he was influenced by any unworthy prejudices against the character of Las Casas; since, according to the opinion of the times in which he lived, there was nothing criminal in the project of Las Cases, and neither Herrera nor Sepulveda could look forward so far beyond the feeble lights of their own agc as to accuse Las Casas of incon- sistency in wishing to preserve the Indian at the expense of the African race.t These reasons are certainly of sufficient force to compel the mind to pause before it yields to an impression, which, however benevolent and amiable in those by whom it is felt, and honorable to human nature itself, must be considered as of less importance than the permanent interests of historical truth. Though this momentary illusion may be dissipated, yet history does ample justice to the fame of Las Casas when it attributes the fatal error he committed to the inconsistency natural to men who hurry with headlong impetuosity towards a favorite point. His heart was right ;.-and we have seen too~ many philanthropic designs pur- sued with an equal disregard to the justice or expediency o~the means by which they were to be accomplished. Mr Wheaton has compressed into the last paragraph but one of the above extracts, the substance of a long note, in the third volume of Dean Funes history, in which the latter attempts, with a good deal of animation, to refute the argu- ments of M. Lavessei, a traveller in South America, who, as it appears on the authority of bishop Gr~goire, is also disposed to vindicate the character of Las Casas. The strength of the argument against Las Casas is of course the authority of Her.. rera, for, we believe, the subsequent writers add nothing t~ his testimony. Dean Fun~s and Mr Wheaton justly maintain the high general character of Herrera for authenticity, and the circumstance of his access to the royal archives of Simancas, an advantage enjoyed by no other historian, is fairly urged by Funes as adding great weight to his authority on any point, especially one of which the proofs can be supposed to have existed in those archives. We think also that caution should be had in following bishop Gr~goire in his censure of this dis * Even Dr. Robertson, who received very liberal communications from other sources, was denied access to the sThclzivo of Simancas. See preface to the Ifist. of.America, vol. i. ~ Enrayo Ifistorico, torn. iii, p. 511. .Aote (a). 164 .Mr Wheatons Discourse. [July, tinguished historian. Not having the work of M. Gr6goire at hand, we are unable to say what authority he produces for the assertion, that some of the best Spanish writers on American history consider him as a careless and inaccurate historian. With regard to the hostility against Las Casas, which is alleged to have actuated Herrera, and with which M. Lavessei charges him, in agreement with M. Gr6goire, dean Funes denies that the decads of Herrera authorize the charge, or that there is any reason to suppose that Herrera would have considered a participation in the slave trade as a reproach. This remark also may be extended to Sepulveda, on whose silence M. Gr~goire is the more disposed to rely, from his known hos- tility to Las Casas. We venture to add, that one reason why no document was produced by Herrera, whose practice by the way is not to multiply diplomatic proofs of his staten~ents, in confirmation of his assertion with respect to Las Casas, and, in general, one reason why little or nothing appears to have been said upon the subject by contemporary writers, may be, that the traffic itself was by no means so novel, as is sometimes thought. It is certainly a gross error to speak of Las Casas ~s the deviser and inventor of the slave trade. For though its Origin is nQt free from doubts, it is generally agreed that as early as 1442 the Portuguese accepted some negroes of the Moors, in ransom for Moorish captives. And so rapidly did the contagion spread, that in a few years thirty-seven ships had been fitted out in this gainful traffic. In 1502 the Span- iards began to employ negro slaves in the mines of Hispaniola; and it was not till 1517, that Charles V, at the instance of Las Casas, as is alleged, granted his patent for the importation of four thousand slaves annually into Hispaniola, Cuba, Jamai- ca, and Porto Rico. Now it is clear, on the slightest reflec- tion, that great importations must have been made and the trade well organized, both as respects the supply in Africa and the disposal of the slaves in the West Indies, before it could enter into the head of any one, to undertake such a large importation. We infer, from this consideration, thd the public must have been already too familiar xvith this traffic, to make the partici- pation of any individual in it a matter of wonder or reproach, and that it was owing merely to its historical connexion with the efforts of Las Casas for the relief of the Indians, that Her- rera was led to mention this, as he would have done any other in~ident in his life, not as an accusation or a blot on his memQ-~ 18~?1.] JIIr Wheatons Discourse. 16~ ry. This is cofifirmed by looking at the passage of Herrera himself. We believe it is not to be found in that judicious work, in which Capt. John Stevens, under the name of a translation, hath contrived to reduce four goodly folios of Spanish into six moderate sized octavos of English. It is as follows ; The licentiate Bartholomew de Las Casas, seeing that his views met with difficulties on all sides, and that the opinions he cherished, notwithstanding the great familiarity he had attained and the credit he possessed with the high chan- cellor, could not take effect, turned his attention to other expe- dients, procuring a license to import negroes for the Spaniards in the Indies, in order that by them the labor of the Indians in the plantations and mines might be lightened, and that a good number of laborers should be engaged to go to the Indies, with certain privileges and on certain conditions fixed by him.~* We see nothing like an accusation made from hostile feelings here ; on the contrary the procuring of slaves for the islands is mentioned by Herrera with as much sangfroid and in the same sentence as the engaging laborers from Spain on a stipulated price. We have not, out of very many passages where this historian mentions Las Casas, fallen on one where he does it in an unfriendly manner. On the other hand, we have one beneath our eye at the moment where he calls him Autor de mucha f~2t Upon the whole, we are disposed to suspend our opinion on the point: it may be that in these troublesome times the archives of Simancas will be disclosed, and new light shed upon these and many other interesting por- tions of history now in obscurity. We are obliged to pass over Mr Wheatons learned remarks on the Consolato del Mare, which we are the rather excused for doing, as we have already, at page 16 of this number of ourjournal, made an extract from a note to Mr Cushing~s trans~ lation of Pothiers Maritime Contracts, where the same sub-~ ject is ably investigated. After an account of the agency of Albericus Gentilis in building up the science of public law, Mr Wheaton dwells with an admiration, in which we fully sympathize, on the character of Grotius. His eulogium, how- ever, is too long to extract and too good to abridge, and we beg leave to refer our readers to it, in the discourse itself; which closes with a strain of judicious observation on the Herrera, dec. Ii. hb. ii. cap. 20. Decad. ii. lib. iii. cap. i. lOG Air Wheatons Discourse. [July, followers of Grotius, and the modern doctrines of maritime war. We hope Mr Wheaton will pardon us for the exception we feel obliged to take to the following passage, before closing this notice of his discourse. War cannot be entirely stripped of its concomitant evils without ceasing to be war, any more than punishment for crimes can be separated from pain, without ceasing to be punishment: and it is much to be feared from the past history of mankind, that war is an inevitable calamity, the recurrence of which at pe- riodical, though uncertain intervals, no human foresight or exer- tions can prevent. War, with all its horrors, is the price which nations must occasionally pay for their freedom and independence .-.4he only alternative opposed to deo~radatiou and ruin; but like other evils which beset the chequere~ life of man, it has its uses, and in the eternal order of things, seems as necessary to the moral, as are storms and tempests to the natural world. The cloud- capt tower, the gorgeous palacemay be laid in ruins, the val- ley inundated, and the oak rent from his native hills; but elasti- city and health have been restored to a stagnant and pestilential atmosphere, and renovated nature goes on rejoicing in her course. It is in war that the greatest faculties of man have been develop- ed, and his noblest virtues invigorated. It is war that makes ambition virtue. The effeminate poet may prate of Macedo- nias madman, and the satirist of a degenerate age may jeer at the hero of Carthage, with hisI dernens et curre per ./Ilpesbut magnanimous enterprise, persevering valor, and noble achieve- ment, have secured them a niche in the temple of fame; and the names of Alexander and of Hannibal continue, in spite of de- traction, to command the admiration of mankind. If war in general be not unattended with good effects ;when waged in de- fence of freedom and independence, and in vindicating national rights from insult and rapacityit is consecrated in the adoption; and prosecuted by a people true to themselves, will rarely fail of attaining its object. For though disasters may await, clouds and darkness overhang the prospectits ultimate effect will be to re- vive those principles which cannot readily lose their force, to ren- der man not only deserving, but capable of the enjoyment of those rights for which he has contended. We are disposed fully to concur with Mr Wheaton in the first part of his proposition, that war is a calamity, the recur.. rence of which no human foresight can prevent, but we are unable to assent to the succeeding course of remark. The comparison of the great vices and crimes in the moral world 1821.1 Mr Witeatons Discourse. 167 to the storms and tempests of the naturalthough much too familiar to be excepted to, as a rhetorical illustration~appears to have no farther justice. The examples which Mr Wheaton has selected of military glory areone of them at leastnot well chosen to conciliate the indulgence of the moralist. Alexander was certainly, of all the renowned characters which war has signalized, one who had least pretence to plead for the miseries which he caused mankind. He appears to have been led on purely by the drunken ambition of a head-strong youth2 who finds himself in unrestrained possession of prodigious means, and whom fortune favors in his first wild projects, till lie thinks the world is too narrow a theatre, and kingdoms The mean an object, and the race of mankind too small a band of victims. A little more may be said for Hannibal, and less sym- pathy is felt for his enemies, than for the unoffending nations which the Macedonian phalanx hunted out in the distant re- gions of Asia. But these reflections are too trite to pursue. We wished to observe that the popular opinion of military glory, and the homage paid to military success, appear to us unreasonable and extravagant, and such as the philosophical censor, whatever his moral feelings be, cannot accord with. To make a consummate captain no doubt requires a rare com- bination of talents. It requires one equally rare to make a consummate artist or adept in any mystery or profession. But to make a general equal to most on the lists of military fame is the work of ordinary political coincidences. How many leaders, each competent to the conduct of war, did not the French revolution call up; nor has there been a war in Europe since the modern political system was organized, which has not had its perfect hero. The Roman history till the decline of the empire is still more full of them ; and not one of the little states of Greece obtained a transitory political ascendency, hut she was sure to produce her Philopmmen or her Epaminondas, and carry the arms of an insignificant town over all the country. We believe that as rare a gift of presence of mind, mixed with courage and deliberation, foresight for the future, and promp- titude in the present moment, are required in a very difficult and perilous surgical operation, as in fighting a great battle, of which the fortune depends on a thousand chances and sub- ordinate details, that occur and operate often without the knowledge, and generally without the control of the leader. In short, when you have trained a man, by a life spent in the 168 .iktr f17~eaions Discourses [July, pursuit, to the mechanical coolness required, and placed him at the head of an hundred thousand men, with thirty thousand horse, and five hundred pieces of cannon, and made him able, by virtue of discipline and subordination, to put all this apparatus in motion upon any point, the wonder is rather that no more is done, than that so much is done. Were it not that such an army is weak in its very strength, and must be fed and lodg- ed at immense cost and inconvenience, nothing in romance ought to be too arduous for it to effect. But if the glory due to the successful wielding of this por.. tentous enginery belong, not to the general who fights the bat- tle,but the prince or minister who makes the war, then it will deserve to be considered, whether the history of modern or ancient administrations does not show that offensive war has always been entered into with as much levity of spirit as any trifling measure of legislation. A slight on a foreign minister, a punctilio about a title to a worthless island, an abstract theory of foreign politics, and more than all the intrigues of domestic politics, are the common springs of war in the cabinets of ministers and princes. There are some characters, it is true, in which the prince, minister, and captain are combined. Our generation has seen a memorable example of this. We would not for the honor of the age underrate him before whom the age did quake, but we think no one, who traces attentively the career of Bonaparte, will find much elevation of chara~- ter in him, or much to excite a glow of enthusiasm at the pe~xyz er and resource which he disclosed. It is not, however, necessary that we should enter Lormaily into the discussion of this theme. It was treated somewhat at large in this journal, two or three years since, and we perceive no occasion to depart from the sentiments then expresscd.* We place, moreover, quite too much reliance on the spundness of Mr Wheatons political philosophy, to fear that we should materially differ from him in any practical questions which might arise in this connexion. We have only therefore to renew our thanks to him, for finding time to favour the public with a performance so in- structive and agreeable, in the intervals of ldisure permitted by the active duties of a laborious professiorn North American Review, vi. ~d 25. 1& 21.] Bottas ./Imerican Revolution. 169 ART. IX.Storia della Guerra deli Independenza degli Stati Uniti d ./Imerica scritta da Carlo Botta. Parigi per D. Colas, 1809. Histoire de la guerre de iInd6pendence des Etats Unis d dm6rique par .111. Charles Botta, Syc. traduite de lItalien et pr~cdd6e dune introduction par .111. L. De Sevelinges, ouvrage orn6 de plans et cartes g6ographiques. Paris, J. G. Dentu, 1812. History of the war of the Independence of the United States of .Llmerica, written by Charles Botta, translated from the Italian by George alexander Otis. Philadelphia. 1820. HISTORY, according to the ancients, is one of the muses, and it is her duty no less than that of the others to give pleas- ure while she gives instruction. The mere enumeration of important events, however correct and circumstantial, is not history, nor has the annalist, the chronologist, or the antiquary any claim to be called an historian. He, who aspires to this name, mnst not only state great achievements truly and par- ticularly, display the characters and motives of those who performed them, and trace their consequences; he must arrange and connect the facts recorded by him, which are but the frag.. ments of history, in such a manner that they may illustrate each other, and clothe them in a simple and dignified style, thus ren- dering them one uniform and beautiful whole. He must not only dare to utter no falsehood and fearto utter no truth, butmustcatch with the eye and describe with the pen of the poet those gen- eral features and striking peculiarities, which characterise and identify the scenes of his narrative or the actors in them; and recalling them, as it were, into existence, place them living and moving before us. Though perfectly impartial towards all persons, he is not to be indifferent to the moral qualities of actions or their influence on the happiness of men, nor to re- late in one unvarying tone of apathy the triumph of justice, and that of guilt, the self-devotion of disinterested patriotism and the recklessness of ambition; but should appeal to the feelings as boldly, though not in the same manner, as the poet or the orator; and exhibit animated models of character and impressive lessons of conduct. Such or nearly such was the model of historical excellence, ~vhich ancient critics recommended and ancient writers sought to attain ; but in this department of literature, though some perhaps may think in this alone, the moderns have formed a New Series, No. 7. 22

Botta's American Revolution 169-200

1& 21.] Bottas ./Imerican Revolution. 169 ART. IX.Storia della Guerra deli Independenza degli Stati Uniti d ./Imerica scritta da Carlo Botta. Parigi per D. Colas, 1809. Histoire de la guerre de iInd6pendence des Etats Unis d dm6rique par .111. Charles Botta, Syc. traduite de lItalien et pr~cdd6e dune introduction par .111. L. De Sevelinges, ouvrage orn6 de plans et cartes g6ographiques. Paris, J. G. Dentu, 1812. History of the war of the Independence of the United States of .Llmerica, written by Charles Botta, translated from the Italian by George alexander Otis. Philadelphia. 1820. HISTORY, according to the ancients, is one of the muses, and it is her duty no less than that of the others to give pleas- ure while she gives instruction. The mere enumeration of important events, however correct and circumstantial, is not history, nor has the annalist, the chronologist, or the antiquary any claim to be called an historian. He, who aspires to this name, mnst not only state great achievements truly and par- ticularly, display the characters and motives of those who performed them, and trace their consequences; he must arrange and connect the facts recorded by him, which are but the frag.. ments of history, in such a manner that they may illustrate each other, and clothe them in a simple and dignified style, thus ren- dering them one uniform and beautiful whole. He must not only dare to utter no falsehood and fearto utter no truth, butmustcatch with the eye and describe with the pen of the poet those gen- eral features and striking peculiarities, which characterise and identify the scenes of his narrative or the actors in them; and recalling them, as it were, into existence, place them living and moving before us. Though perfectly impartial towards all persons, he is not to be indifferent to the moral qualities of actions or their influence on the happiness of men, nor to re- late in one unvarying tone of apathy the triumph of justice, and that of guilt, the self-devotion of disinterested patriotism and the recklessness of ambition; but should appeal to the feelings as boldly, though not in the same manner, as the poet or the orator; and exhibit animated models of character and impressive lessons of conduct. Such or nearly such was the model of historical excellence, ~vhich ancient critics recommended and ancient writers sought to attain ; but in this department of literature, though some perhaps may think in this alone, the moderns have formed a New Series, No. 7. 22 l3ottas ~/1merican Revolutioi~. ~July, still higher idea of perfection th~tn thi~ ancients. All whieli the latter demanded is still required, at least in theory, and a new task is imposed. It is not enough to satisfy the critics of the present day that an historian should adhere strictly and fearlessly to the truth, should preserve the unity of his subject and the continuity of his narrative, should describe with fidel- ity and animation the scenes and the progress of events, dis- play the motives and characters of his heroes, and exhibit and cherish a pure and lively moral taste; all this may be done, and yet what is now deemed the most important duty of the 1~istorian be left undone. It is not enoegh that he should pos-. ~ess the excellences of the j~oet and the orator, he must add to them those of the philosophey and the political economist, he must show the pursuits, habits, ideas, and feelings of the mass of the people, their advances in civilization and refine-~ ment, the state of education, morals, and manners among them, that of their laws, finances, and commerce, their im- provements in the arts and sciences, and in literature; and the progress of public opinion on political subjects, with its in- fluence on the form and administration of government and on domestic life ; and must make us acquainted with states and communities, rather than with singular and illustrious individ~ nals. To this object the intermediate chapters of Hume are entirely devoted. Much information on these subjects is un- doubtedly to be gathered from the ancient historians. The perfection of their narratives enables us to form some tolerably correct idea of the state of society among them, but they do not make it their chief study to display it, like many of the writers of history in our own times. Some of these writers on the other hand attach themselves too exclusively to this ob- ject; not that they ever give us too much knowledge on the subject, but too little of the facts from which that knowledge is deduced; and in their fondness for generalizing defeat their own purpose, and become indefinite, where they would be comprehensive. Hence works have been given to the public under the name of histories, which contain no connected story whatever, and are at best no more than the reflections of their authors on reading history, speculations on the character of some particular people, illustrated by occasional statements of fact, and this too when the knowledge they are designed to con~ vey would have been more clearly as well as more agreeably ~ommunicatcd by a simple narrative. If the ancients attached 1821.] Roltas ./lmerican Revolutioit. too much importance to the brilliant achievements of their great men, it is as frequent an error among us to underrate the effect of single events on the situation of the community, and the influence of an individual upon his age. It has even been asserted that all periods are equally worthy of the labors of the philosophical historian, since the moral, physical, and intellectual condition of the mass of the people, in compari- son with which the manceuvres of armies, the intrigues of cabinets, and the artifices of courtiers are unworthy of regard, may be as thoroughly investigated and as completely displayed in peaceful times, as amid wars and revolutions. But this is ex- travagant. Great changes, especially such as are brought about by human exertion, are often the origin, and still oftener the result of great mental excitement, and therefore the characters of individuals and of nations are more powerfully affected and more perfectly developed by them, than by 4ieir ordinary, peaceful, domestic pursuits. It is true indeed that though remarkable occurrences are the common indication, they arc not the certain proof, still less the measure of the impor- tance of any period as a subject of history; and that the comparative interest of human actions in the eye of the historian depends less on the difficulty of performing them, on the astonishment or applause, which they excite at the mo- inePt, or on the number of persons engaged in them, than on their ultimate effects. Imposing the nominal duty of a penny a pound on tea was no very illustrious achievement of the British parliament, and independently of its consequences would not deserve notice ; but taken in connexion with them, it is a more important event in history than many a battle in which thousands have fallen, or many of the political intrigues by which thrones have been subverted. Yet periods of great civil commotion, when a whole people are forced into immediate and intense action, when the foun- dations of society are shaken, and ancient political institu- tions overthrown, are objects of peculiar interest; and the events which immediately precede and prepare the way for such revolutions, and the operation of the secret cans- es, which ultimately produce and the consequences which follow them, are always worthy of our attention, and emi- nently so when they operate among ourselves. It is true that the history of the times nearest to our own, presenting habits and manners., with which we are familiar, and rejecting 172 Bottas ./lmerican Revolution. [July, those embellishments, which may be applied, at least with im- punity, to that of a remote age, does not afford so much excite- ment or gratification to youthful curiosity, but it is more en- gaging as well as more useful to such as read with reference to their own condition, and feeling a concern in the realities of life, seek to apply their knowledge to some practical purpose. Itis equally true that it is difficult for a writer to appear im- partial or to be so in relating occurrences, which have an im- mediate and conspicuous influence on himself and those around him; but it must be recollected on the other hand that he is more likely to be deceived and may more easily deceive others, with regard to circumstances of a distant date. Though we naturally distrust the judgment of those who pub- hsh accounts of recent events, we rely most confidently on their statements of important and notorious facts. The his- tory of the last century, including an investigation of the first origin and silent progress of the feelings and opinions which have at length convulsed so many European nations, and whose operation is far from being ended, will long be a sub- ject of great and increasing interest. Yet our language has produced no historical work relating to any part of that centu- ry, which will be preserved as a choice specimen of litera- ture. On this topic, if America has done nothing, England has done no more. Both have accumulated abundant materials for such works. In both the freedom of the press has afford- ed opportunity, an opportunity, which has not been neglected, for the publication of authentic and unauthentic documents without number; and this circumstance renders it so much the more surprising that no writer in our language has made a successful attempt to combine these materials into a lasting monument of literary fame. There is, in our opinion, no event in the whole course of that century, which affords to the historian a more entertaining or instructive theme, or one whose effects seem likely to be more extensive and permanent, than the contest between Great Britain and her American colonies. We think Mr Botta, therefore, very happy, if we ought not rather to say very wise, in the choice of his subject. The American revolution is an object of permanent and increasing interest in other countries as well as our own, not only because the unexampled rapidity with which this nation has advanced in population and wealth will render the occurrences of its early history attractive to statesmen in every age, but because 1821.] Bottas ./Im.erican, Revolution. 173 it was the first of that series of revolutions, which in the close of the last and beginning of the present century have shaken the very foundations of government throughout Europe and America. Not that we would compare with it those, by which it has been followed. It was as different from them in its ori- gin and conduct, as in its event. But it had no small influ- ence in producing them, for while the character and motives of those who accomplished it were, as they still are, little known among foreigners, its result was conspicuous, and ap- peared to those, who saw no more, to offer an example easily imitated. It derives an additional interest from its effects on the political ideas and feelings of men. It affords support to the theoretical principles on which republics are founded, gives the confidence of experience to those who maintain that it is practicable and useful as well as speculatively right for the citizens of a state, however extensive and populous, to exercise a direct control over their rulers, and a strong impulse to that desire of security, that restlessness under arbitrary power, which has long existed wherever the English language was spoken, and has lately found its way to the humblest and most ignorant classes on the continent of Europe; and which, feeble, unenlightened, and misguided as it now is there, is yet destined, if we are not mistaken in the signs of the times, to alter materially the whole structure of society among them. But the historical interest of our revolution does not depend solely on the importance of its direct consequences and the extent of the political and moral changes, which it has tended at least to hasten. It will always command attention as a com- plete development of the temper, motives, and resources of a whole nation. It was not, like most wars, a contest between cabinets or armies, a mere trial of military or diplomatic skill, but the united effort of a people as individuals for the vindica- tion of their rights. Nor was it a single burst of exasperated feeling, a short madness, one of those revolutions, in which men sometimes exhaust themselves by struggling to acquire a liberty, which they know not how to value or to maintain, and then fall back into the same condition as before; but a sober, deliberate, calculating resistance of oppression, adapting its means to its end, and pursuing that end through the greatest sacrifices of comfort and feeling. It does not indeed excite attention by accounts of very numerous armies or remarkably bloody battles, yet we do not therefore think, as some hava 174 Bottas .,qmerican Revolutiofl4 [July, done, that it is deficient in interest; for the passions of the contest operated directly and intensely on every man, and war itself often found its way to the fireside and severed the strong.. est and tenderest ties; circumstances, which give the clearest insight into the temper and character of the people and make the most lively impression on the feelings. It is no less true in real than in fictitious narrative, that the most engaging and pathetic scenes are those, which exhibit the efforts and suffer.. ings of individuals. It has been said that the history of the American revolution, at least before the meeting of Congress, necessarily wants unity, as it is not an account of one nation, hut of thirteeil different states, among which the attention is distracted. But it seems to us that the unity of the subject is not diminished by this variety of agents, since their exertions were all direct- ed to the same end. The establishment of so close an union among thirteen distinct, unconnected and in some instances jealous colonies, that it has lasted much longer than the par- ticular danger which gave rise to it, is in itself a most inter- esting phenomenon, and the means, by which it was effected are well worthy of our study. The simple fact that the revolution was accomplished with- in the limits of a single life, so that the same persons who began, lived to complete it and enjoy its result, adds another charm to its history; for in consequence of this, our interest in many of the individuals conspicuous at the beginning of the contest, never ceases, but is combined throughout with that which we feel in the event. Besides the freedom of debate and of the press not only excited and developed more per- fectly the passions of those engaged in the controversy, but has provided better means of information than could have been obtained under any other circumstances. Add to all this, that Mr Botta may claim the authority of an almost contemporary historian, while as a foreigner he is exempted from the dan- ger and even from the suspicion of partiality, to which contem- poraries are commonly exposed. He seems well aware of the advantages peculiar to his sub- Ject, especially of those, which tend to render his work attrac- tive and entertaining, evidently choosing the ancient historians as his model, and endeavoring to instruct his readers by ex- ~imples, to present a connected and winning narrative, more than to exhibit a view of the moral, intellectual, and political 1821.] .Bottas .,qmeri& rn Revotutim, i7~ -condition of the people. He makes, indeed, some general reflections on the manners and pursuits of the colonists, but does not communicate any statistical details, and is by no means sufficiently particular in giving an account of the com- merce of the colonies, and of the restraints imposed on it, restraints, which were the chief cause of complaint before the revolution, as our exemption from them has been of our sub sequent prosperity. This writer possesses in a remarkable degree, what Rapin deems the most essential quality of an historian, the art of telling a story, by which we mean, and so probably did the learned critic, not the art of relating a single anecdote, but that of making his whole work one continuous and complete narrative, the several parts of which, though various, are connected by natural and agreeable transitions, are duly proportioned to each other, and each in its place. It has been objected, but we think incorrectly, that the rela- tion in this work of the battles, which took place in the West Indies and in Europe, is irrelevant to the American revolu- lion, and violates the unity of the narrative. They were con.~ tests between the allies and the enemies of the United States, and had each its influence in hastening or retarding the termi-. nation of hostilities and the acknowledgment of our indepen- dence. They are described too with all due brevity and with great accuracy and spirit, and appear to us to add not a little to the interest of the story. The bloody and fruitless conflictn of those immense fleets and armies, collected and equipped at the expense of millions, by rival nations, with no other motive than their mutual desire of subjecting each other to the humiliation of defeat, form a striking contrast with the strug- gles of the colonists, who, destitute of wealth, of arms, of every thing but a bare subsistence, engaged in war from the highest motives, and brought about such important results, as will ren- der their skirmishes, inconsiderable as they seemed at the time in comparison with the battles of the European powers, far more conspicuous in history. Our authors sketches of the characters of individuals are in the main just, but want that discriminating minuteness, which distinguishes his descriptions of scenery and events. In many of the latter he is singularly happy. His description of Boston gives as distinct an idea of the town and its vicinity aii a map; and that of the situation and siege of Gibraltar is a c~mplete. and ~lowin.g picture. He evinces much discretion 17fi IJottas .americdn Revolutiott. [July, and good taste in adapting the length and particularity of dif- ft~rent parts of his history to the interest of the subjects to which they relate, rapidly glancing over those events, which, however talked of when they happened, do not fix our atten- tion by the importance of their consequences, or afford an opportunity for delighting his readers by beautiful and poeti- cal description. The candor and impartiality displayed throughout this his- tory are a great excellence in the work, though considering the situation of the author, it may be thought less meritorious in him to possess, than it would have been disgraceful to want them. His diligence in consulting the best sources of infor- mation within his reach, and the accuracy which, in general, results from it, are still more worthy of praise and not less important. We would not be understood to say that his state- ments of fact are never erroneous. In his account of the battle of Breeds hill he conveys the idea that the Americans remained there two nights; for he says that the Americans continued to work the whole day after they took possession of the heights with unshaken constancy, and towards night had much advanced a trench, which descended towards Mystic river; that the English then took the resolution to attack them, and that on the seventeenth of June in pursuance of this resolution the British camp was in motion between twelve and one clock. He mentions also the grateful liberality of the state, in extending every mark of kindness and protection to the children of General Montgomery. Now unluckily the general never had any children. These mistakes of fact are of little importance, and we believe that even of such as these the work contains a far smaller number than might be expect- ed from the minuteness with which circumstances are often detailed in it, and the difficulty of obtaining correct informa- tion with regard to our history on the continent of Europe. But few as they are, it would have been convenient to the American reader, if the translator had corrected them in his notes. Mr Botta thinks himself at liberty to deviate from the exact truth in recording public speeches. For this he has the ex- ample of ancient writers, but it is not admissible according to the rules of modern criticism. An author may insert in his history any speech actually made, or an extract from it, or its substance expressed in his own words, giving his readers to un 1821.] Boll.. Americas Revolution. 177 derstand which of these he has undertaken to do, but ought not to ascribe to any individual arguments not his own. rho fol.. lowing is the notice of to author in relation to this subject. There will be found, in the course of this history, several dis- courses of a certain length. Those I have put in the mouth tthe different speakers have really been pronounced by them, and Ron those very occasions which are treated of in the work. I should, however, mention that I have sometimes made a single orator say what has been said in substance by others of the same party. Sometimes, also~ but rarely, using the liberty granted in all times to historians, I have ventured to add a small number of phrases, which appeared to me to coincide perfectly with the sense of the orator, and proper to enforce his opinion: this has happened especially in the two discourses p renounced before Congress, for and against independence, by Richard Henry Lee, and John Dickinson. It will not escape attentive readers, that in some of these dis- courses are found predictions which time has accomplished. I affirm that these remarkable pessases belong entirely to the sue thors cited. In order that these might not resemble those of the poets, always made after the fact,Ihave been so scrupulous as to translate them, word for word, from the original language? p. ix. Now, in our opinion, whenever he professes to repeat the words of another ho ought to translate them, if not literally, at least fairl~r, preserving substantially the ideas and arrangement of the onginal. And we must say further, that the liberties he has taken are, in some instances, greater than this notice would load us to suppose. Many of the discourses introduced are indeed translated into italian with sufficisut fidelity, or at least not very materially altered, but some are very different from the speeches actually made, as that of Captain Harvey in answer to Wilkes; and as to those of Leo and Dickinson, we believe them to be mere fiction, the former too an unskil- ful fiction, not appropriate to the individual in whose mouth it is put, and tending to misrepresent his style of oratory, rather than to illustrate it. The moral and political reflections of this writer are gen- erally ingenious and pertinent, though they sometimes bony too much subtlety and refinement of thought The designs and intrigues of the various courts of Europe, the motives of France and Spain for aiding the American~ to carry on the war, yet attempting to prevent the establishment of their inde Sew Series, So. 7. 22 17E3 J3ottas Ilmerican Revolution. [July, pendence and impede their prosperity, are accurately and fairly stated by this writer; but in some of his remarks on the intentions and conduct of the colonists before the declaration of independence, he shows a want of acquaintance with their manners and feelings, which, however natural and pardonable it r~y be in him, is injurious to his work. He seems to admit the pretensions of some of the ministerial writers of that day, that our ancestors owed no little gratitude to the British gov~ eminent for being treated with less severity than the colonists of other European nations. It is certain that British subjects, whether inhabitants of England or of the colonies, were not so much exposed to the caprices of arbitrary power as the subjects of the continental sovereigns. This arose, however, not from any singular tenderness or indulgence in their rulers, which might entitle them to lay claim to the gratitude of the people, but from the temper of the people themselves, who would not endure oppression, and understood that their rights were not a grant from the crown, but the power of the crown a grant from them. Speaking of the acquittal of Captain Preston and his sol- diers, tried at Boston in 1770, the author says, it was a thing truly remarkable, that in the midst of such a commotion, and at a moment when the effervescence of minds was so extreme, this judgment so little conformable to the wishes of the multi- tude, should have been pronounced. So admirable were the judicial regulations established in these countries, and so firm was the resolution of the judges to obey the law in defiance of all influence whatsoever. p. 162. It would be no wonder that the acquittal of these men should be desired by the judges, since they had been nominated by governors appoint- ed by the king; but the fact is, that they were acquitted by the jury, by twelve men chosen by lot from the county in which the massacre, as it is called, took place, a fact far more honorable to the people than the statement of Botta. XVe find in the work before us repeated suggestions, that if this or that circumstance had occurred, if the stamp act had been carried into immediate executionif the ministry had placed less reliance on the divisions of the colonistsif Amer- ica had received no aid from Europeif Burgoyne had effect- ed a junction with Howeif Howe had attacked the army of Congressif the treasonable project of Arnold had succeed- edor if Admiral Rodney had remained in America the 21821.] Bottas ,lmerican Revolution. 1~99 result of the contest would have been different; as if the inde-. pendence of the colonists were produced by a series of happy accidents, and not by their own resolution and perseverance. These suggestions, whatever dramatic effect they may give to the work, by representing the Americans to be always in im- minent danger, are entirely unfounded. Either of these events or many others might have prolonged the war, and aggravated very greatly the labors and privations of the people, but no event in the ordinary course of nature, nothing short of the annihilation of their physical strength, could have reduced them to submission. Their resistance must at least have been successful, because they would not yield. We do not mean to attach too much consequence to the errors just mentioned, but there is one pervading almost the whole of the first volume, which seems to us so important in relation to the character of our ancestors, that we must ask the indulgence of our readers, while we examine it somewhat minutely. It is a total, though undoubtedly an innocent mis- representation of the sentiments entertained by the colonists towards Great Britain before the revolution. In the very beginning of the work we find among others the following remarks: The love of the sovereign and their ancient country, which the first colonists might have retained in their new establishment, gradually diminished in the hearts of their descendants as suc- cessive generations removed them further from their original stock, and when the revolution commenced, of which we purpose to write the history, the inhabitants of the English colonies were, in general, but the third, fourth, and even the fifth generation from the original colonists, who had left England to establish themselves in the new regions of America. At such a distance the feelings of consanguinity became feeble or extinct; and the remembrance of their ancestors lived more in their memories than in their hearts The greater part of the colonists had heard noth- ing of Great Britain, excepting that it was a distant kingdom from which their ancestors had been barbarously expelled or hunted away, as they had been forced to take refuge in the deserts and forests of America inhabited only by savage men, and prowling beasts or venomous and horrible serpents. The distance of gov - eminent diminishes its force; either because in the absence of the splendor and magnificence of the throne, men yield obedience only to its power, unsupported by the influence of illusion and respect, or because the agents of authority in distant countries, exercising a larger discretion in the execution of the laws, inspire 180 Bo~tas ./lmerican Revolution. [July, the people governed with greater hope of being able to escape their restraints. It follows of necessity that as the means of restraint became almost illusory in the hands of the government, there must have arisen and gradually increased in the minds of the Americans the hope, and with it the desire to shake off the yoke of English superiority. p. 1O12. In regard to their sentiments in 1763, it is said, that Already those who were the most zealous for liberty, or the most ambitious, had formed in the secret of their hearts the reso- lution to shake off the yoke of England, whenever a favorable occasion should present. That in the late war great numbers of the colonists had renounced the arts of peace, and assuming the sword instead of the spade, had learned the exercise of arms, inured their bodies to military fatigues, and their minds to the dancers of battle; they had, in a word, lost all the habits of agri- culture and of commerce, and acquired those of the military pro- fession. The being that has the consciousness of his force, becomes doubly strong, and the yoke he feels in a condition to break, is borne with difficulty; thus the skill recently acquired in the use of arms, become general among the Americans, render- ed obedience infinitely more intolerable to them. The greater number, however, satisfied with the ancient terms of connexion with England, were reluctant to dissolve it, provided she would abandon all idea of ulterior usurpations. Even the most intrepid in the defence of their privileges, could not endure the thought of renouncing every species of dependence on their legitimate sove- reign. This project they condemned the more decidedly, as they perceived that in its execution they must not only encounter all the forces of England, by so many victories become formidable to the universe, but also must resort to the assistance of a. nation, in language, manners, and customs, so different from themselves; of a nation they had so lon~ been accustomed to hate, and to com- bat under the banners of their mother country. pp. 3234. Again referring to th~ year 176~ we find the following pas- sage. The legislative power of the parliament over the colonies was not made the subject of doubt, but denied. Adopting the opinion of those, who in the two houses had opposed the repeal of the stamp act, the patriots affirmed that all distinction between inter- nal and external taxes was chimerical, and tI~t parliament had no right to impose the one or the other; that it had no power to make laws to bind the colonies; and, finally, they went so far as to maintain, that not being represented in parliament, they were exempted from every sort of dependence towards it, Bottas American Revolution. 181 1821.] The rights which the colonists pretended to enjoy, were ex- plained with great perspicuity, and a certain elegance of style, in pamphlet entitled, Letters frurn a Pennsylvania Farmer, to the inhabitants of the English colonies. They were received with great and universal favor: the author was John Dickenson. p. 145. Speaking of the American Congress in 1774, he says, The colonists looked upon it as a convention of men who, in some mode or other, were to deliver their country from the perils that menaced it. The greater part believed that their ability, their prudence, and their immense infiueuace with the people, would enable them to obtain from the government the removal of the evils that oppressed them, and the reestablishment of the an- cient order of things. Some others cherished the belief, that they would find means to conduct the American nation to that inde- pendence, which was the first and most ardent of their aspira- tions, or rather the sole object of that intense passion which stung and tormented them, night and day. p. 199. And afterwards in relation to the same body. And as those who are inclined to war, generally affect the roost earnest desire of peace, congress addressed a letter to sen- eral Gage, praying him to put a stop to the hostile preparations, which might provoke a pacific people to have recourse to arms, and thus prevent the endeavours of the congress to restore a good understanding with the parent state, and involve the nation in all the horrors of a civil war. p. 206. And further on their adjournment. No one will deny, that this assembly knew how to appreciate the circumstances of the time, and demonstrated a rare sagacity, in leading them to cooperate in their designs. They not only found means to invigorate the opinions which then prevailed in America, but also to diffuse and propagate them surprisingly; applauding the ardent, stimulating the torpid, and conciliating the adverse- They were lavish in protestations of loyalty to the king; which could not fail to answer the end they proposed, that of finding a pretext and excuse for ulterior resolutions, in case their remonstrances should prove ineffectual. With the same apt policy, they flattered the pride of the British nation, with the view of engaging it to favor their cause. They manifest- ed equal dexterity, in fomenting the political opinions that were beginning to prevail in this century. Originating at first in Eng- land, they had been diffused, by degrees, among the neighbouring nations, and particularly in France, where they had been intro~~ Rottas .,lmerican Revolution. 182 [July, duced, and defended with a fascinating eloquence, by the most celebrated writers of that period. Accordingly, in every place and circle, the Americans, and especially the members of con- gress, were considered as the generous champions of these favor- ite principles; for, as to the object they had in view, there no longer existed a doubt. Though it was possible, however, to excuse, and even applaud this resolution of the Americans to defend, by force of arms, the rights for which they contended, it was difficult, it iiiust be acknowl edged, to reconcile with the loy- alty they so frequently professed, their insinuating writings to draw into their confederacy other subjects of the crown of Eng- land, as the Canadians, for example, who had not, or who made no pretensions to have the same rights. But, in affairs of state, utility is often mistaken for justice: and, in truth, no event could have happened more useful to the colonists than the adhesion of the Canadians to their cause. p. 220, 221. On the subject of the appointment of a commander in chief, he says of Putnam and Ward, both had declared them- selves too openly in favor of independence; the Congress desired indeed to procure it but withal in a propitious time. p. 314; and of Washington: It was generally thought, that he did not aim at independence, but merely desired an honorable arrangement with England. This opinion of his well corresponded with the intentions of the principal representatives, who had no objection to advancing towards independence, but were not yet prepared to discover themselves. They expected to be able so to manage affairs, that one day this great measure would become a necessity, and that Washington himself, when he should have got warm in the career, would easily allow himself to be induced, by the honor of rank, the force of things, or the voice of glory, to proceed with a firm step, even though instead of the revocation of the oppressive laws, the object of his efforts should become total independence. pp. 316, 317. Of the address of Congress to the inhabitants of Ireland in 1775, he remarks, They were not ignorant, besides, that the Irish were, for many reasons, dissatisfied with the English government, and that, the concessions which had recently been made them, no little animosity still rankled in their minds. The Con- gress purposed to avail themselves of this misunderstanding, and to irritate the wounds already festering in the breast of the Irish. It would be difficult to prove this conduct strictly consistent with loyalty. But the war was ~aow commenced, and the Americans 1821] Bottas American Revolution. 1S3 were disposed to use all means to carry it on with advantage; and none are more sanctioned by usage, than those of feigning to desire peace, and of exciting and exasperating the minds of the enemys subjects, against lawful authority. To this intent, the Congress addressed a very eloquent letter to the Irish people. pp. 341, 342. After giving an account of the rejection of lord Norths conciliation act, the writer adds, Such were the conclusions of the Congress, relative to the resolution of adjustment of lord North: they caused them to be published, and distributedin all places. No one can observe the acrimonious style, and the new pretensions of the Americans, with- out perceivhuw how little they were inclined to concord. p~ 853. The peopie suffer themselves too often to be guided by vain fears, or by vain hopes; and, at this epoch, the greater part of the colonists still flattered themselves with the possibility of re- turning, some day or other, upon honorable terms, to their ancient footing with Great Britain. It was, indeed, quite evident, to what object the Congress was tending. It was therefore mani- fest, that while the two parties protested their desire to meet each other, they were both exerting all their efforts to render it impos- sible. It was no less evident, that when in parliament the adve.r.~ saries of the ministers proposed concessions and terms of arrange- ment, it was with reason the latter rejected them, saying, that all these conciliatory measures would not only be useless, but even detrimental, because they would encourage the colonists to new demands, less admissible still. If the ministers themselves pro- posed, afterwards, and carried an act of conciliation, it was only a pretext to divide, and not to reunite. They were therefore in the right, when they resolved to continue the war at all hazards: but they were in the wrong, not to carry it on with sufficient means. pp. 858, 359. Having stated the departure of the royal governors from the several provinces, he proceeds as follows Thus ceased, as we have related, the royal authority in the different provinces. It was replaced, progressively, by that of the people; that is, by the Congresses or conventions extraordinary, that were formed in each colony. But this was deemed insuffi- cient, by those who directed the affairs of America. Their real object being independence, and the present state of things, a~ irregular and precarious by its very nature, leaving a way open of arraugment with England, and of return to the ancient cow. nexion and dependence, they desired that such a system should be established in each jyrovince as should have the appearance of 184 Bottas ./1merica~ Revolution. [July, a permanent constitution, in order to satisfy the world that the Americans were capable of governing themselves by their own laws. But the chiefs of the popular party had many difficulties to surmount in the execution of this design, notwithstanding the ardor which manifested itself in all parts to second their opera- tions. The greater number approved resistance, but were oppos- ed to independence, or at least shuddered at the idea of openly asserting it. For this reason, those who had the supreme direc- tion of affairs, fearful of injuring their cause by too much precipi- tation, resolved to proceed with extreme circumspection; and marched to their object, always protesting that their efforts were aimed in quite another direction. pp. 588, 389. Of the expedition against Quebec. This was no longer an adhering to the defensive, but, on the contrary, a proceeding the most offensive, against a prince to whom fidelity was still protested, even carrying arms into one of his provinces, which had in no shape demanded the succors it was pretended to offer it. This was not merely exciting peaceable and uncomplaining subjects to revolt against their lawful sove- reign, but also violently occupying their country, and draggiiig them by force into sedition. Was it not to be feared, that an enterprise so audacious would discover too openly the intentions of the general Congress; and that then, those of the colonists who combatted with sincerity to obtain the revocation of the oppressive laws, at the same time ab- liorring the idea of a total separation, and even desiring to resume their former relations with Great Britain, would immediately abandon a cause which would no longer be theirs? pp. 403, 404. Our readers would hardly pardon us, if we should enter into a labored argument to show that the war of 1756 had not ren- dered any considerable portion of the colonists a military people, or that on the close of that war it did not enter into the imagination of any one among them that, in case of a fu- ture controversy with the parliament, they might seek aid horn the French; a people whom at that time they hated and des- pised no less heartily than the most prejudiced and jealous of their fellow subjects in Great Britain. Nor is it necessary to occupy much time in proving, that if the Farmers Letteis by Dickinson explained the pretensions of the colonists correctly, as is here stated, then they made no pretension to be exempt from the control of parliament, for those letters, while they utterly deny the power of that body to impose on the colonies any taxes or duties whatever, for the purpose of revenue, do 1821.1 Bottas ./lmerican Revolution. 185 not once call in question its right to legislate on all other sub- jects, and expressly and repeatedly admit its authority to pro- hibit or restrain any branch of trade or manufactures, and to enforce rigorously that scheme of oppression, called the colo- nial system. The passages above cited are in other respects not quite consistent, but on the whole they represent the colonies as de- sirous to shake off the British yoke long before the revolution, and Congress as secretly urging on the people to war, under pretence of wishing for peace, and dragging Washington into the support of measures, which he did not anticipate nor ap- prove. Now all this is erroneous. There never was a more loyal people than the colonists in the middl~ of the eighteenth century. The distance of the throne was ~o far from dimin- ishing their respect for it, that it seemed, by rendering it in- accessible to them, to cast round it an additional majes- ty. They venerated and loved the name of England, familiarly applying to it the endearing appellation of home; so that if a native of America, whose ancestors had resided here for many generations, expressed an intention to go home, he meant that he was going to the mother country, as they delight- ed to call it. The few, who had fought under the British stan- dard in Canada, instead of being more impatient of their de- pendence on Great Britain, had acqu?red a sort of personal interest in her glory, and regarded their former brethren in arms with that attachment, which we always feel towards those, with whom we have shared the most intense feelings, and whose companions we have been in labor, suffering, and success. The Congress represented faithfully the sentiments of the people, and Washington, though originally as averse from indepen- dence as the great body of his fellow-citizens, was not more so. One probable source of these errors is the desire of Mr Botta to appear perfectly impartial, which may have induced him to admit the assertions both of the English and Ameri- cans with regard to the designs of the latter, even at the hazard of a little inconsistency. The ministerial party indus- triously circulated the opinion, that the colonists would not be satisfied, though all their demands should be granted, and that their secret, constant, and only aim was indepen- dence; and this they did in order to diminish the popularity of the American cause in England, to weaken the opposition in parliament, and unite the nation in support of their incas- New Series, .TVo. 7. 24 Bottas .i1rner~can Revolution. 186 [July, ores. But their assertions were uniformly and strenuously denied by the Americans. Doctor Franklin, who had the best possible means of learning the temper of all classes of men in the colonies, and who did not want sagacity to pene- trate their wishes and designs, relates that lord Chatham, in August 1774, remarked to him that an opinion prevailed in England that America aimed at setting up for itself as an inde- pendent state, and adds, 1 assured him that having more than once travelled almost from one end of the continent to the other, and kept a great variety of company, eating, drinking, and conversing with them freely, I never had heard in any conversation from any person, drtink or sober, the least ex- pression of a wish for separation, or a hint that such a thing would be advantageous to America. In addition to this authority we refer to the addresses and petitions of the Con- gress in 1774 and 1775, which contain the strongest protesta- tions that they had no de~fre of independence, and claimed only to be restored to the enjoyment of the rights which they bad formerly exercised. No just suspicion is cast ~n their sincerity by their addres- ses to the inhabitants of Eng~hmd, Ireland, and Canada, for having engaged in opposition to the ministry, it was their ob- vious policy to win over as many as they could to their own party, to gain if possible an ascendancy in parliament, to array the nation against the ministers, and thus compel them to abandon their measures or to resign their places. With regard to lord Norths conciliation act, they must have been blind indeed to be entrapped by so gross an artifice. They claimed to be exempt from all taxes imposed for the purpose of revenue, excepting such as should he laid by their colonial assemblies, and his lordship proposed in effect that the minis- try should determine the amount which each colony should pay, and that its own assembly might then pass such laws as were necessary for levying the sum, as if taxation consisted not in imposing the burden, but in apportioning it. How can the rejection of this offer be called rejecting conciliation? It was an offer to yield the form, if they would give up the sub- stance; it was pronouncing the sentence and allowing the criminals to choose the mode of execution. The invasion of Caiiada was undertaken in pursuance of open hostilities al- ready commenced by the British; and it is a subtlety invented ~irice the plain days of our fathers to call every attack on a 1821.3 Bottas american Revolution. 187 declared enemy offensive, and to make defensive war consist in avoiding blows without ever attempting to strike one, ac- cording to which interpretation the only legitimate mode of defence is to stand still and be beaten, or to run away. It may be urged that the conduct of the colonists for some years before the declaration of independence, was such as necessarily tended to bring about a separation from Great Britain, and must therefore have been designed for this pur- pose ; or at least that they could not be so blind as not to perceive that this would be its sure result in the end. But we must recollect that few see clearly where their own interests are involved, and that we are often insensible to the natural and direct effects of our conduct, especially when they are such as we dislike to contemplate. And besides, it may be that it was not they who were blind, but we who are pre- sumptuous. Speculative men are too apt to ascribe every accident to some design, and to judge of the motives of others not by their actions themselves, but by the remote consequen- ces of them, to fancy that they discern some close and neces- sary connexion between every great change and the occurren- ces which preceded it, and to flatter themselves that if they had witnessed these, they should have foreseen their result. It is easy to prophecy after the event; but we should like to see these acute philosophers, who discern so clearly the necessary connexion of the present with the past, point out a little more confidently and precisely than they commonly undertake to do, the direct and necessary consequences of the present. What- ever may be thought of the tendency of the conduct of the colonists between 1763 and 1775 to bring about a separation from Great Britain, such was not their design; and he would have been thought little less than a madman, who should seri- ously have asserted during that period that they would ever consent to renounce the British name. The tendency of the conduct of the ministry and parliament was the same, yet no such design is attributed to them. This error with regard to the sentiments existing in Ameri- ca at that time, seems lately to have found some countenance among ourselves. When told to seek in the early history of our country the causes of its independence, some men expect to find the desire of it springing up among the first colonists, and increasing in each successive generation. But for this they will seek in vain; though we may undoubtedly look back Bottas American Revolution~ 188 [July, to the settlement of the country, and further still, back to the reformation, for the origin and growth of those principles and feelings, which rendered the colonists so jealous of their rights and particularly of that of taxing themselves, that when it caine at last to the alternative, they did not hesitate to prefer these rights even to their allegiance, dear to them as it was ; and having made this determination, persisted in maintaining it through dangers, toils, and privations almost without example. Perhaps this error may have been encouraged also by an idea, that since the effects of our revolution have been so glorious and beneficial, it is honorable to our ancestors to as- sume that they anticipated those effects, and designed from the first to declare America independent in order to produce them. But no one intimately acquainted with their conduct and motives, can suppose that it adds ally thing to their just praise thus to ascribe to them the gift of prophecy. Had they foreseen this rapid and astonishing prosperity, the splendor and durability of their own fame, the advantages which the revolution would yield to themselves, and those which it would confer on their children and their country, they would have exhibited no very singular merit in embracing the alternative which they chose. After the die was cast, they endeavoured very naturally to alleviate their immediate distress by indulg- ing what were then deemed extravagant hopes of the future, but even then it never entered the wildest of their dreams, that those of them, who should live longest, or their children would look round on such a scene as more than one of the chief among them now beholds. They saw directly before and all about them difficulty, peril, and distress; and this very independence, through which they were compelled to pass in order to obtain security, was in their opinion by no means the least of the evils they had to encounter. Yet painful as the step was, they rejoiced when it was taken, because they were by that time persuaded that it was the only means of preserv- ing their liberty, which they valued still more highly than their allegiance. There is no doubt that individuals had different opinions with regard to the time when they should renounce their allegiance, and that a great majority in congress were ready for the measure some months before all the colonies were willing to adopt it :not that they felt the pain of the sacrifice less, but that they saw its necessity more, and were sooner convinced that they had no other alternative than inde- pendence or subjection. 18~21.] Botta8 american Revolution. 18~ Wc know not how to put any construction on the addresses and petition of Congress in 1774, consistent with the opinion, that the members of that body then designed to separate the colonies from Great Britain, or believed that their constituents did so, without casting a stain on their character, which no success can wipe away; for they repeat the most solemn asseverations, that they have no other intention or desire than - to be restored to the condition in which they were before the year 1763. Were they sincere in this language, or was it, a~ Mr Botta fancies, a mere cloak for very different designs, cal.. culated to deceive the ministry and ensnare their fellow-citi. zens? If it were so, then their addresses and petition were not as Chatham called them in the house of lords, models of moderation and dignity, worthy of Thucydides and equal to the productions of the master states of the world, but the paltry artifices of fear and cunning, and instead of swelling with honest pride whenever they are mentioned, we ought to shut our mouths and hide our faces. The assertion, that Washington had much stronger objections to independence than his countrymen in general, rests also on English authority. In the year 1777 it was thought that it would serve the cause of parliament to circulate the opinion, that the inclinations of the American commander were at war with his duty; and for this purpose certain letters were written and published in England in his name, expressing the strongest disapprobation of the conduct of Congress in declaring inde- pendence, the utmost despair of success, and an anxious wish to resign his office. The impression produced by these let- ters among the uninformed in Great Britain, seems to have outlasted the belief that they were genuine; at least many affected to think that they represented his sentiments truly, long after being compelled to admit that they were forgeries~ In the composition of his work Mr Botta avowedly attempts to revive the style of the classical age of Italian literature, and this attempt is approved by some of his countrymen, as tend- ing to restore the perfection and purity of the language; while others object that it occasions the introduction of many expres~ sions, which, however simple and natural they may once have been, wear at this time an appearance of quaintness and affec- tation. Undoubtedly in style as in manners, every appear- ance of study is a defect; but it belongs to Italians to decide how far that defect exists in the work before us. A foreigner, 190 Bottas .lmerican Revolution. [July, who derives his knowledge of their language from books, is commonly as familiar with the early Italian writers as with those of the present day, and is therefore less struck with the obsoleteness of the ancient idiom than a native of the country. It needs no nice acquaintance with Italian, however, to enable us to perceive the harmony, copiousness, and variety of Mr Bottas style, or to authorize us to condemn his frequent use of trite and popular maxims. They may be energetic, for none but energetic expressions are likely to become prover- bial, but they have an air of vulgarity, for which, in such a work as this, their energy does not compensate. It is our duty to say something of the translations, the titles of which are prefixed to this article. M. de Sevelinges takes unwar- rantable liberties, frequently omitting whole sentences of the original without any other motive, that we can perceive, than to save himself the trouble of translating them. We have not, however, observed the omission of any important fact. How far this gentleman is qualified to judge of the correctness of Mr Bottas remarks, and of the propriety of omitting any of them, even if such a privilege were allowed to a translator, may be learned from his preface, in which he undertakes to commu- nicate the most important information, hitherto a secret, deriv- ed, as he tells us, from an actor in the scene equally respectable for his knowledge and integrity, and supported by documents of unquestionable authority. The main object of this preface is to explain minutely the attempts of the English to induce Spain to become a mediator between them and their colonies; whereas in truth the English never made any such attempt, hut the French government, with a view to drag Spain into the war, persuaded the Spanish court to offer its mediation to Great Britain, by whom it was promptly and pertinaciously rejected. Another most important secret, never known to the world till it was published by M. de Sevelinges, in his preface, is, that in America in 1778, the English faction of tories still existed and derived great power from the reputation of its leaders, who were, as he informs us, Samuel I/dams and Richard Lee. Its intrigues constantly embarrassed the de- liberations of Congress, and the greatest prudence and activity were requisite to prevent the dissolution of that body and the triumph of the partisans of England. We know not what to say to such effrontery as this, and shall only add, that the style of M. de Sevelinges is extremely careless and inaccurate. 1821.] Rottas .Imerican Revolution. 191 Our countryman, Mr Otis, deserves the credit of being much more faithful. We can impute to him no wilful or pre- sumptuous deviation from his text, but he is sometimes misled by the French translator. We do not mean to say that he merely translates the translation, for there are instances in which he conforms to the original, where M. de Sevelinges has departed from it; but there are others in which he evidently translates from the French, without consulting the Italian. In speaking of the vehemence of the British minister in Holland, Sir Joseph Yorke, when he discovered that a treaty had been made between the Dutch and Americans; Mr Otis has it, M. Yorke exploded violently at the Hague. Surely the ori- gin of this phrase is not the Italian, tosto Joreke ne lev6 all Aja un grandissimo romore; but the French, M. Yorke ~clata violemrnent ~ la Haye. We find in this translation the following sentence, relating to the admiration with which Doc- tor Franklin was received in Paris; in all places the por- traits of Franklin were exhibited; they represented him with a venerable countenance and dressed as usual, in rather a sin- gular costume, the more to attract attention. This last trait is not to be found in the Italian, but is introduced by M. de Sevelinges. It is neither honorable to Doctor Franklin, nor just to represent him as xvalking about in a singular dress, like Rousseau in his Armenian habit, for no other purpose than to attract the attention of the gazers of Paris. The following passage in the close of Mr Bottas work is omitted by both translators. The confederations, which are formed by several powerful na- tions against a single one, on account of some reform that it chooses to make in the structure of its government, and which threaten not only to defeat its object, but to deprive it of freedom and independence, generally induce its rulers to renounce every thing like prudence and moderation, and to resort to the most violent and extraordinary measures, which soon exhaust the resources of the country and excite discontent among its inhabitants; till op- pressed and harassed in every form, by the officers of govern- ment, they are driven at last into civil commotions, in which the strength of the community is wasted. And besides, these violent measures so disgust the people with the whole undertaking, that, Gonfounding the abuse of a thing with the use of it, they choose rather to retreat to the point from which they set out, or even further back, than to. continue their progress towards the object originally proposed. Hence it is, that, if that object were liberty, 192 Bottas drnerican Revolution. [July, they afterwards rush into despotism, preferring the tyranny of one to that of many. vol. iv, p. 464. We can readily imagine that the censors of the press under Napoleon would prohibit the publication of these sentiments at Paris in French, even though they permitted them to he printed there in Italian, hut no such reason exists for their omission in an American translation. This translation con- tains several expressions not admissible in our language, some of them apparently derived from M. de Sevelinges; thus we find ways of fact, half portice, the fiscal, debonnaire, and Arnolds soldiers in the expedition to Quebec are said in both translations, though not in the original, to have scaled mountains perpendicular. The authority of the dictionary is not sufficient to justify the use of such terms as collectitious soldie- ry, vortical gusts, and belluine executors of the kings will. These things are mentioned in order that they may he cor- rected in another edition. We are duly sensible of our obli- gation to Mr Otis, for making this history accessible to us in our own language, not only on account of its intrinsic merit, but because it gratifies our rational curiosity to learn what sentiments are entertained towards us by those foreigners, who look on our country with a candid and even a favorable eye. We believe such men to be more numerous and more respect- able in every European nation, than those who delight to dwell on our faults and follies. Perhaps the most effectual and most agreeable mode of giving our readers an idea of the translators style will be to make a few extracts from the work, and we shall select pas- sages, which may show at the same time Mr Bottas talent for description, though we must choose not the best, but such as can be included within the limits assigned to this article. The sea fight between Paul Jones and Captain Pearson in 1779 is described with great spirit. Paul Jones, a Scotchman by birth, but engaged in the service of the United States, had established his cruise at first in the seas of Ireland, and afterwards in those of Scotland, where he was wait- ing for an opportunity to make some prize, or, according to his practice, to land upon some point of the coast in order to sack the country. His flotilla was composed of the Bonhomine Richard of forty guns, the Alliance of thirty-six, both American ships; the IPallas, a French frigate of thirty-two, in the pay of Congress, with two other smaller vessels. He fell in with a British merchant 1821.] Bottas ./lmerican Revolution. 193 fleet, on its return from the Baltic, convoyed by captain Pearson, with the frigate Serapis, of forty-four guns, and the Countess ot Scarborough, of twenty. Pearson had no sooner perceived Jones, than he tore down to engage him, while the merchantmen endeavored to gain the coast. The American flotilla formed to receive him. [he two enemies joined battle at about seven in the evening, with great resolution, and the conflict wa:s supported on both sides with equal valor. The Serapis had the advantage of metal and manceuvre; to obvi- ate which, Jones took the resolution to fight her closer. He ad- vanced till the two frigates were engaged yard to yard, and their sides so near that the muzzles of their guns came in contact. In this position they continued to fight from eight in the evening till ten, with an audacity bordering on frenzy. But the artillery of the Americans was no longer capable of producing much effect. The Richard having received several heavy shot between wind and water, could now make no use whatever of her lower batte- ries, and two or three of her upper guns had burst, to the destruc- tion of those who served them. Jones, at length, had only three left that could be worked, and he employed them against the masts of the hostile frigate. Seeing the little impression made by chain-shot, he resorted to another mode of attack. He threw a vast quantity of grenades and fire-works on board the British frigate. But his own now admitted the water on all sides, and threatened every moment to go to the bottom. Some of his offi- cers having perceived it, asked him if he would surrender? ~ he answered them in a tremendous tone, and continued to push the grenades. [he Serapis was already on fire in several places; the English could, with difficulty, extinguish the flames. Finally, they caught a cartridge, which, in an instant, fired all the others with a horrible explosion. All who stood near the helm were killed, and all the cannon of that part were dismounted. Mean- while, Pearson was not disheartened: he ordered his people to board. Paul Jones prepared himself to repulse them. [he Eng- lish in jumping on board him found the Americans ready to receive them on the point of their pikes; they made the best of their way back to their own vessel. But during this interval, the fire had communicated itself from the Serapis to the Bonhomme Richard, and both were a prey to the flames. No peril could shake these desperate men. The night was dark, the combatants could no longer see each other but by the blaze of the conflagra- lion, and through dense volumes of smoke, while the sea was illuminated afar. At this moment, the American frigate Alliance caine up. Amidst the confusion she discharged her broadside into the Richard, and killed a part of her remaining defenders. As soon as she discovered her mistake, she fell with augmented JV~ew Series, No. 7. 194 Bottas .american Revolution. [July, fury upon the Serapis. Then the valiant Englishman, seeing a great part of his crew either killed or disabled, his artillery dis- mounted, his vessel dismasted, and quite enveloped in flames, surrendered. All joined to extinguish the fire, and at length it was accomplished. The efforts made to stop the numerous leaks of the Richard proved less fortunate; she sunk the next morning. Out of three hundred and seventy-five men that were aboard that vessel, three hundred were killed or wounded. The English had but forty-nine killed, and their wounded amounted to no more than sixty-eight. History, perhaps, offers no example of an action more fierce, obstinate and sanguinary. During this time the Pal- las had attacked the Countess of Scarborough and had captured her, not however without a stubborn resistance. After a victory so hard-earned, so deplorable, Jones wandered with his shattered vessels for some days, at the mercy of the winds, in the north sea. He finally made his way good, on the sixth of October, into the waters of the Texel. pp. 1 12i 14. The account of the battle of Cowpens between Morgan and Tarleton is also highly animated and graphic. Tarleton, after having passed with equal celerity and good fortune the rivers Ennoree and Tiger, presented himself upon the banks of the Pacolet. Morgan retreated thence forthwith, and Tarleton set himself to pursue him. He pressed him hard. Mor- gan felt how full of danger was become the passage of Broad rmver~ in the presence of so enterprising an enemy as now hung upon his rear. He therefore thought it better to make a stand. He formed his troops in two divisions; the first composed of militia, under the conduct of colonel Pickens, occupied the front of a wood, in view of the enemy; the second, commanded by colonel Howard, was concealed in the wood itself, and consisted of his marksmen and old continental troops. Colonel Washing- ton, with his cavalry, was posted behind the second division, as a reserve. Tarleton soon came up and formed in two lines; his infantry in the centre of each, and his horse on the flanks. Every thing seemed to promise him victory. He was superior in cavalry, and his troops, both officers and soldiers, manifested an extreme ardor. The English attacked the first American line; after a single discharge with little harm to the enemy, it fled in confusion. They then fell upon the second; but here they found a more obstinate resistance. The action was engaged and sup- ported with equal advantage. Tarleton, to decide it in his favor, pushed forward a battalion of his second line, and at the same time directed a charge of cavalry upon the ri~ht flank of the Americans. He was afraid to attack their left, supported by colonel Washington, who had already vigorously repulsed an 1~21.] Bottas ~/1merican Revolution. 195 assault of the British light horse. The manoeuvre of Tarleton had the expected effect; the American regulars gave way and were thrown into disorder. The English rushed on, persuaded that the day was now their own. Already Tarleton with his cav- alry was in full pursuit of the routed, when colonel Washington, whose troop was still entire, fell upon the enemy with such im- petuosity, that in a few moments he had restored the battle. Dur- ing this interval, colonel Howard had rallied his continental troops, and led them back upon the English. Colonel Pickens had also, by prodigious efforts, re-assembled the militia and again brought them to the fire. Morgan was visible everywhere; his presence and words re-animated the spirits of his soldiers. He profited of that moment of enthusiasm to precipitate them in one general charge upon the enemy. The shock was so tremendous that the English at first paused, then recoiled, and soon fled in confusion. The Americans pursued them with inexpressible eagerness. It was in vain that the British officers employed ex- hortations, prayers and threats to stay the fugitives; the discom- fiture was total. Tarleton lost, in dead, wounded and prisoners, more than eight hundred men, two pieces of cannon, the colors of the seventh regiment, all his carriages and baggage. pp. 249 251. The hurricane of Barbadoes in 1780, presents a scene of terror hardly inferior to the plague of Athens. The events we have been relating were succeeded, in the West Indies, by a sort of general truce between the two parties~ 2But though the fury of men was suspended for a while, that of the elements broke out in a manner much more tremendous. It was now the month of October, and the inhabitants of the islands were in the enjoyment of that unexpected tranquillity which resulted from the cessation of arms, when their shores and the seas that washed them, were assailed by so dreadful a tempest, that scarcely would there be found a similar example in the whole series of maritime records, however replete with shocking disasters and pitiable shipwrecks. If this fearful scourge fell with more or less violence upon all the islands of the West Indies, it no where raged with more destructive energy than in the flourishing island of Bar- badoes. It was on the morning of the tenth that the tornado set in, and it hardly began to abate forty-eight hours after. The ves- sels that were moored in the port, where they considered them- selves in safety, were wrenched from their anchors, launched into the open sea, and abandoned to the mercy of the tempest. Nor was the condition of the inhabitants on shore less worthy of com - passion. In the following night, the vehemence of the hurricane became yet more extreme: houses were demolished, trees uproot- 196 Rottas .Imerican Revolution. [July, ed, m~n and animals tossed hither and thither, or overwhelmed by the ruins. The capital of the island was well nigh razed to a level with the ground. The mansion of the governor, the walls of which were ihree feet in thickness, was sha~en to its founda- tions, and every moment threatened to crumble to ruins. Thos~ within had hastened to barricade the doors and windows to resist the whirlwinds; all their efforts were of no avail. The doors were rent from their hinges, the bars and fastenings forced; and chasms started in the very walls. The governor with his family sought refuge in the subterraneous vaults: but they were soon driven from that shelter by the torrents of water that poured like a new deluge from the sky. They issued then into the open country, and with extreme difficulty and continual perils repair- ed under the covert of a mound, upon which the flag-staff was erected; but that mass being itself rocked by the excessive fury of the wind, the apprehension of being buried under the stones that were detached from it compelled them again to remove, and, to retire from all habitation. Happily for them they held together; for, without the mutual aid they lent each other, they must all inevitably have perished. After a long and toilsome march in the midst of ruins, they succeeded in gaining a battery, where they stretched themselves face downward on the ground, behind the carriages of the heaviest cannon, still a wretched and doubtful asylum, since those very carriages were continually put in motion by the impetuosity of the vortical gusts. The other houses of the city being less solid, had been prostrated before that of the gov- ernor, and their unhappy inhabitants wandered as chance direct- ed during that merciless night, without shelter and without suc- cor. Many perished under the ruins of their dwellings; others were the victims of the sudden inundation; several were suffo- cated in the mire. The thickness of the darkness, the lurid fire of the lightning, the continual peal of the thunder, the horrible whistling of the winds and rain, the doleful cries of the dying, the despondent moans of those who were unable to succor them, the shrieks and wailings of women and children, all seemed to an- nounce the destruction of the world. But the return of day pre- sented to the view of the survivors a spectacle which the imagi- nation scarcely dares to depict. This island, lately so rich, so flourishing, so covered with enchanting landscapes, appeared all of a sudden transformed into one of those polar regions where an eternal winter reigns. Not an edifice left standing; wrecks and ruins every where; every tree subverted; not an animal alive; the earth strown with their remains, intermingled with those of human beings; the very surface of the soil appeared no longer the same. Not merely the crops that were in prospect, and those already gathered, had been devoured by the hurricane: the gar 1821.] Bottas .dmerican Revolution. 197 dens, the fields, those sources of the delight and opulence of the colonists, had ceased to exist. In their p lace were found deep sand, or sterile clay; the enclosures had disappeared; the ditches were filled up, the roads cut with dee p ravines. The dead amounted to some thousands: thus much is known, though the precise number is not ascertained. In effect, besides those whose fallen houses became their tombs, how many were swept away by the waves of the swoln sea and by the torrents, resembling rivers, which gushed from the hills? Much of what escaped the fury of the tempest fell a prey to the frantic violence of men. As soon as the gates of the prisons were burst, the criminals sallied forth, and joining the negroes, always prepared for nefarious deeds, they seemed to brave the wrath of heaven, and put every thing to sack and plunder. And perhaps the whites would have been all mas- sacred, and the whole island consigned to perdition, if general Vaughan, who happened to be there at the time, had not watched over the public safety at the head of a body of regular troops. His cares were successful in saving a considerable quantity of provision, but for which resource the inhabitants would only have escaped the ravages of the hurricane, to be victims of the no less horrible scourge of famine. Nor should it be passed over in silence by a sincere friend of truth and honorable deeds, that the Spanish prisoners of war, at this time considerably numerous in Barbadoes, under the conduct of Don Pedro San Jago, did every thing that could be expected of brave and generous soldiers. Far from profiting of this calamitous conjuncture to abuse their lib- erty, they voluntarily encountered perils of every kind to succor the unfortunate islanders, who warmly acknowledged their ser- vices. The other islands, French as well as English, were not much less devastated than Barbadoes. At Jamaica, a violent earthquake added its horrors to the rage of the tornado; the sea rose and overflowed its bounds with such impetuosity, that the inundation extended far into the interior of the island. In consequence of the direction of the wind, the effects of the sea-flood were the most destructive in the districts of Hanover and Westmoreland. While the inhabitants of Savanna-la-Mer, a considerable village of Westmoreland, stood observing with dis- may the extraordinary swell of the sea, the accumulated surge broke over them, and in an instant, men, animals, habitations, every thing was carried with it into the abyss. Not a vestige remained of that unhappy town. More than three hundred per- sons were thus swallowed up by the waves. The most fertile fields were left overspread with a (leep stratum of sterile sand. The most opulent families were reduced in a moment to the ex- treme of indigence. If the fate of those who found themselves on shore was deplorable beyond all expression, the condition ot 198 Bottas ~1merican Revolution. [July, those who were upon the water was not less to be pitied. Some of the vessels were dashed upon shoals and breakers, others foun- dered in the open ocean, a few made their way good into port, but grievously battered and damaged. The tempest was not only fatal to ships under sail, it spared not even those that were at anchor in the securest havens. pp. 176i 80. But there is no more striking proof of Mr Bottas fine taste, than the incident, which he selects for the conclusion of his history, and the admirable simplicity with which he relates it, without weakening its effect by any attempt to point out its par- ticular beauties, or by incumbering it with moral reflections. No ornament indeed could add to the impressive dignity of the scene. We know nothing in all history to be compared to it, and pity the man, who, with the events which led to it fresh in his memory, can read or recollect it without emotion. The army was disbanded; but the supreme command still remained in the hands of Washington: the public mind was in- tent upon what he was about to do. His prudence reminded him that it was time to put a term to the desire of military glory; his thoughts were now turned exclusively upon leaving to his country a great example of moderation. The Congress was then in session at the city of Annapolis in Maryland. Washington communicated to that body his resolution to resi~n the command, and requested to know whether it would be their pleasure that he should offer his resignation in writing, or at an audience. The Congress an- swered that they appointed the twenty-third of December for that ceremony. When this day arrived, the hall of Congress was crowded with spectators; the legislative and executive characters of the state, several general officers, and the consul-general of France were present. The members of Congress remained seated and covered. The spectators were standing and uncovered. The general was introduced by the secretary, and conducted to a seat near the president. After a decent interval, silence was coin- manded, and a short pause ensued. The president, general Mif- Thin, then informed him, that the United States in Congress assembled were prepared to receive his communications. Wash- ington rose, and with an air of inexpressible dignity, delivered the following address: Mr President; the great events on which my resignation depended, having at length taken place, I have now the honor of offering my sincere congratulations to Congress, and of present- ing myself before them to surrender into iheir hands the trust committed to me, and to claim the indulgence of retiring from the service of my country. Happy in the confirmation of our inde 1821] Bottas .lmerican Revolution. 199 pendence and sovereignty, and pleased with the opportunity afforded the United States of becoming a respectable nation, I resign with satisfaction the appointment I accepted with diffi- dence; a diffidence in my abilities to accomplish so arduous a task, which, however, was superseded by a confidence in the rectitude of our cause, the support of the supreme power of the Union, and the patronage of heaven. The successful termination of the war has verified the most sanguine expectations; and my gratitude for the interposition of Providence, and the assistance I have received from my countryme~n, increases with every review of the momentous contest. While I repeat my obligations to the army in general, I should do injustice to my own feelings not to acknowledge in this place, the peculiar services and distinguished merits of the gentlemen who have been attached to my person during the war. It was impossible the choice of con en ial officers to compose my family should have been more fortunate. Permit me, sir, to recommend in particular, those who have con- tinued in the service to the present moment, as ~vorthy of the fa- vorable notice and patronage of Congress. I consider it as an indispensable duty, to close this last act of my official life by commending the interests of our dearest country to the protection of Almighty God, and those who have the superintendence of them to his holy keeping. Having now finished the work assigned me, I retire from the great theatre of action, and bidding an affectionate farewell to this august body, under whose orders I have so long acted, I here offer my commis- sion, and take my leave of all the employments of public life. Having spoken thus, he advanced to the chair of the president and deposited the commission in his hands. The president made him, in the name of Congress, the following answer: Sir, the United States in Congress assembled, receive with emotions too affecting for utterance, the solemn resignation of the authorities under which you have led their troops with success through a perilous and a doubtful war. Called upon by your country to defend its invaded rights, you accepted the sacred charge, before it had formed alliances, and whilst it was without funds or a government to support you. You have conducted the great military contest with wisdom and fortitude, invariably regarding the rights of the civil power, through all disasters and changes. You have, by the love and confidence of your fellow citizens, enabled them to display their martial genius, and trans- mit their Came to posterity~ You have persevered, until the United States, aided by a magnanimous king and nation, have been enabled, under a just Providence, to close the war in freedom, safety, and independence; on which happy event, we sincerely join you in congratulations. Having defended the 200 Life of Bernardin de St Pierre. LJuly, standard of liberty in this New World, having taught a lesson useful to those who inflict, and to those who feel oppression, you retire from the great theatre of action, with the blessing of your follow-citizens; but the glory of your virtues will not terminate with your military command; it will continue to animate the remotest ages. We feel, with you, our obligations to the army in general, and will particularly charge ourselves with the inter- ests of those confidential officers who have attended your per- son to this affecting moment. We join you in commending the interests of our dearest country to the protection of Almighty God, beseeching him to dispose the hearts and minds of its citi- zens to improve the opportunity afforded them of becoming a happy and respectable nation. And for you, we address to him our earnest prayers that a life so beloved, may be fostered with all his care; that your days may be happy as they have been illustrious; and that he will finally give you that reward which this world cannot give. When the president had terminated his discourse, a long and profound silence pervaded the whole assembly. All minds ap- peared impressed with the grandeur of the scene, the recollec- tions of the past, the felicity of the present, and the hopes of the future. The captain general and Congress were the object of universal eulogium. A short time after this ceremony, Washington retired to enjoy the long desired repose of his seat of Mount-Vernon, in Virginia. ART. X.Oeuvres CompUtes de Jacques Henri Bernardim de St Pierre, mises en ordre, et pr& ed~es de la vie de lauteur par L. ~Iim~i Martin. 12 vols. 8vo. Paris, 18181820. THIs is the first collection that has appeared of the writings of Bernardin de St Pierre. The Studies of Nature, compre- hending Paul and Virginia and the Indian Cottage, was the only oonsiderable book published by the author during his life. The present collection contains another work in three volumes octavb, entitled the Harmonies of Nature, which was left unfinished, and might perhaps as well have remained un- published. it is in substance nothing more than a repetition of the same ideas that are developed in a better form in the Studies. It serves with several other posthumous pieces to swell the number of volumes, and perhaps the booksellers

Life of Bernardin de St. Pierre 200-227

200 Life of Bernardin de St Pierre. LJuly, standard of liberty in this New World, having taught a lesson useful to those who inflict, and to those who feel oppression, you retire from the great theatre of action, with the blessing of your follow-citizens; but the glory of your virtues will not terminate with your military command; it will continue to animate the remotest ages. We feel, with you, our obligations to the army in general, and will particularly charge ourselves with the inter- ests of those confidential officers who have attended your per- son to this affecting moment. We join you in commending the interests of our dearest country to the protection of Almighty God, beseeching him to dispose the hearts and minds of its citi- zens to improve the opportunity afforded them of becoming a happy and respectable nation. And for you, we address to him our earnest prayers that a life so beloved, may be fostered with all his care; that your days may be happy as they have been illustrious; and that he will finally give you that reward which this world cannot give. When the president had terminated his discourse, a long and profound silence pervaded the whole assembly. All minds ap- peared impressed with the grandeur of the scene, the recollec- tions of the past, the felicity of the present, and the hopes of the future. The captain general and Congress were the object of universal eulogium. A short time after this ceremony, Washington retired to enjoy the long desired repose of his seat of Mount-Vernon, in Virginia. ART. X.Oeuvres CompUtes de Jacques Henri Bernardim de St Pierre, mises en ordre, et pr& ed~es de la vie de lauteur par L. ~Iim~i Martin. 12 vols. 8vo. Paris, 18181820. THIs is the first collection that has appeared of the writings of Bernardin de St Pierre. The Studies of Nature, compre- hending Paul and Virginia and the Indian Cottage, was the only oonsiderable book published by the author during his life. The present collection contains another work in three volumes octavb, entitled the Harmonies of Nature, which was left unfinished, and might perhaps as well have remained un- published. it is in substance nothing more than a repetition of the same ideas that are developed in a better form in the Studies. It serves with several other posthumous pieces to swell the number of volumes, and perhaps the booksellers Life of Bernardin de Si Pierre. 201 1821.] profits, without adding any thing to the authors reputation, which rests ultimately upon Paul and Virginia. The few pages that comprise this charming little pastoral were the principal achievement and are the only lasting memorial of a life of more than seventy years. At the head of the collection is placed a copious biographical notice of the author by Mr Aim~ Martin, a professor in one of the colleges at Paris; and it is from this that we propose to draw the materials for the present article. The account is pretty well written, and from the great variety of singular adventures related in it, is as interesting as a romance. As we anticipate that it will require a good deal of room to recapitulate the principal of them even in the most compressed form, we shall proceed at once to the narrative without further preliminary observations. Bernardin de St Pierre was born at Havre on the 19th of January, 1737. The occupations and events of his childhood and early youth are related in great detail, but we must pass over this part of his life almost without notice, in order to be able to give his subsequent history with sufficient minuteness. Suffice it to say that previously to the age of five and twenty he had studied with a curate and then at a college of Jesuits at Caen ; had made a voyage to Martinique with his uncle obtained a lientenancy in the engineer corps, and in that capa- city had served a campaign in Germany and another in Malta but with so little success and with such a variety of cross ac- cidents interrupting all his plans, that he returned to Paris from the last expedition without resources or credit, thrown out of the line of military advancementand almost without friends. Necessity, it is well known, is not the best letter of recommen- dation, and the author of Paul and Virginia, under these cir- cumstances, was rather at a loss how to supply himself with daily bread. When the little cash he brought from Malta was exhausted, he applied to his acquaintance and friends for a fresh supply, but found them all short of money. In defect of money, some of them gave him advice, and recommended to a lieutenant of engineers to take the place of usher in a small school and teach little children their letters. He finally under- took to give lessons in mathematics to young men intended for the army; but no students applying, the plan was abandon- ed. The offers of service which he made to the government were treated with neglect, and he found the period approach- ing very fast when the baker and the landlady, his only re JVew & rzes, Ao. 7. 20 202 Life of Bernardin de St Pierre. liJuly, maining protectors, would withdraw their countenance. The following passage describes his situation at this crisis, with rather more point than is common to the biographer, whose general manner borders too nearly upon a sickening affecta- tion of sentiment. He lodged in an hotel in the Rue des Ma~ons, and hastened to visit those who, before his departure, had expressed an interest in him. The bailiff de Fronlay spoke to him of his own troubles, deploring the lot of great men, who had lost their influence with ministers. M. de Mirabeau, the friend of man, was composing a great book on the happiness of the human race, which prevented him from paying attention to any single one of the number. M. de Bois, first clerk, received him with the airs of a minister; told him he must wait, that his case should be considered; that he was perpetually visited by suitors; and with speeches like these, waited upon him civilly to the door. The poor suitor consoled himself under the indignity, by the sight of a hundred persons waiting in the antichamber, to enjoy the felicity of seeing a first clerk. All his visits were attended with the like success. Meantime the little money he had left disappeared, and he came to the reso- lution of asking aid of his relations. He was equally unsuc- cessful here. Some told him he deserved all he suffered; and others that he was a poor creature, and that his family could not ruin itself to gratify his whims. rfhe most friendly gave him no answer. In this emergency one of his protectors offered him a place at a boarding school, to teach little children to read. Another proposed to him to give lessons in mathematics to young men destined for the corps of engineers. He accepted this proposal; but pupils were soon wanting, and this last resource failed. On this he addressed to the minister of the marine a memoir, in which he proposed to go alone in a boat, and make a survey of the whole coast of England. This curious memoir did not excite the least curiosity on the part of the government, nor receive any answer. In short there was no species of mortifi- cation, which he did not suffer. He had never before felt to such a degree the bitterness of this lot. Misery had already begun to crush him; he had exhausted his credit with the baker, his land- lady threatened to turn him out; nor was there, in this complete desertion, a soul to whom he could look for relief. This was certainly a case of distress; but distress is a word that loses its meaning when applied to a single man in the prime of life, tall and handsome, with the gaiety of a soldier and a Frenchman, not to mention the more doubtful advanta 1 S$~i.] Life of Bernardin de St Pierre. 2O~ ges for making way in the world of superior talents and a good education. Distress to such a person is like a delicate situa- tion to a great dramatic poet. It shows the triumph of his art. St Pierre, in want of bread at Paris, bethought himself of a plan which had engaged his attention at an earlier period, and which had for its object the foundation of an independent state on the shores of the lake of Aval in the centre of Asia. As nothing seemed to offer nearer home, he thought the mo- ment favorable for carrying this plan into execution. This independent state was, however, to make its debut in the world under the protection of Russia, and it was expected that the necessary pecuniary disbursements would be readily made in this quarter, in consideration of the great advantages likely to accrue to the Russian commerce from such a settle- ment. Thus the material parts of the plan seemed to be at- tended with very little difficulty, could the projector only ar-~ rive at St Petersburg. Ce nest que le premier pas gui cotte. But in this case the first step happened to be a pretty long one, and the cost, though not very large for a well stocked purse, was apparently quite beyond the reach of a person whose or- dinary resources were inadequate to the expenses of his board and lodging. Upon applying again to his friends he found, that with a view of getting rid of him, they xvere willing to make rather more sacrifices than they would to keep him alive at home. From various sources he collected a sufficient sum to pay his expenses to Amsterdam, and trusting in Providence for the means of continuing his journey after he should arrive there, he set off in the diligence for Brussels, intending to pro- ceed by land to Lubeck and there embark for the metropolis of Russia. It ought to be added here that his family had sup-. plied him with a certificate, rather doubtful in its character, that he was of noble extraction. In fact the family tradition reckoned among their ancestors the celebrated Eustache de St Pierre, so well known for his magnanimous conduct at the siege of Calais. To give his nobility, real or supposed, the proper 6clat he assumed the style and title of the Chevalier de St Pierre, and furnished himself with a suitable coat of arms from an engravers shop. Our adventurer having with difficulty reached Amsterdam, found himself reduced again to the chapter of expedients,a situation which it would appear from the practice of some powerful emnires, is attended with less embarrassment in pub- 204 Ljfe of Bernardin de St Pierre. [July, lic affairs than it generally is in private. Upon the strength of a slight shadow of acquaintance or relation, he resorted for aid to the editor of the French gazette. Luckily for him this person proved to be a man of sense and kindnessa sage not according to the degenerate fashion of modern times, but after the manner of the ancients, who, according to our biographer, talked less of wisdom than we do, but practised it more. iViustel, a Frenchman born in Normandy, after obtaining some success in the poetical line, had abandoned the muses and settled quietly at Amsterdam in the capacity we have mention- ed. Free from ambition, and indifferent to the fates of the great personages whose actions he recorded, and whose good and ill fortune were equally profitable to him, he had spent his life happily in the society of an excellent wife, and in a sort of epicurean retirement. Having now realised an indepen- dence, he was desirous in his old age of returning to his country to die. Mustel, a philosopher himself, was pleas- ed with the philosophy of our travelling chevalier, and his sister-in-law was struck with his personal advantages. A pro- posal was made him to accept the hand of the sister and the conduct of the journal, the latter being worth about a thou- sand crowns a year. The offer no doubt was tempting to a man without a sol in his pocket; but could hardly be expected to succeed with the destined founder of a powerful nation on the shores of the Aval. It was accordingly refused. He ob- tained from Mustel a supply of money to pay his expenses as far as Lubeck, and left him with some regret to pursue the chase of fortune. Twenty or thirty years after he had occa- sion to return to Amsterdam, and found to his surprise that nobody could tell him any thing of the philosophic journal- ist. He had probably returned to his country and his memo- ry had already perished in the scene of his labors. It struck St Pierre as a strange contrast, that a man who for half a cen- tury had distributed renown twice a week to all the potentates and heroes in Europe, should not be remembered thirty years after within the limits of his own street. On his arrival at Lubeck the author of Paul and Virginia was visited by another attack of that fatal consumption of the purse, for the cure of which, as Falstaff justly observes, all the palliations that have been discovered are so wholly ineffec- tual. Here he borrowed two hundred francs from the com- mandant of the place for whom he had a letter, and embarked 1S21 .11 Life of Bernardin de St Pierre. 205 for St Petersburg with a joyous company of artists, painters, poets, jugglers, and hair dressers, proceeding in all the glow of expectation and gaiety to that capital, in order to lend their aid in the due celebration of the accession of the great Catherine, who had just mounted the throne. Their exaggerated hopes and baseless visions of success and fortune afforded our philosopher ample subjects of amusement and pity, as well as of conscious satisfaction at the superior importance and practicability of his own schemes. After a passage of a month they arrived at Cronstadt and immediately proceeded in a boat to St Peters.. burg. The magnificent spectacle afforded by the entrance of the city from this quarter sustained their hopes, and the hos- pitality of the inhabitants seemed at first to be in unison with the splendor of the residence. Mr Thornton, a British mer- chant, inhabiting the noble street called the English Line, that borders the river at this place, came out gaily to meet them, and invited them to repose in his house until their friends could be informed of their arrival. One by one the friends arrived in carriages and took them away, till at last our unfor- tunate chevalier was the only one left. Not to appear like a man at a loss, he took his leave with a good grace, and was directed by one of his fellow passengers whom he met in the street to the only French inn in the city. He now found that the empress had gone to Moscow to be crowned and was not to return for a considerable time, till when nothing could be done about the future republic. Meanwhile his whole stock of money consisted in the sum of six francs, remaining from the loan of the governor of Lubeck.-a poor fund this to sup- ply the necessary resources for a campaign of several weeks against his persevering enemies, the landlady and the baker, who seemed to track his course with unrelenting steadiness, like the harpies in Virgil, from one quarter of the globe to an- other. He succeeded for some time in parrying their attacks, but found the contest growing every day more unequal, when he was at last relieved from his embarrassment by a lucky ac- cidentor as he was rather fond of styling it himself in the religious spirit of the latter part of his lifeby a favorable in- tervention of Providence. A gentleman clothed in a rich p elisse, who proved to the secretary of the famous marshal Munich, then governor of the city, accosted him one day at the door of a church, and after a long conversation, offered to present him to the marshal. This ceremony was accordingly 20G L~fC of Bernardin de St Pierre. [July, performed the next day, at the rather early hour of three in the morning when the marshal gave him audience. Munich had just returned, at the age of eighty years, from an exile of forty in the wilds of Siberia. While he had amused his leisure in teaching mathematics to the soldiers that guarded him, he had learned philosophy himself from the accidents of his own life, and knew how to value it in others. He per- ceived the merit of St Pierre, and determined to be of service to him. His first offer was a bag of rubles for his immediate necessities, but this the chevalier refused ; observing, with a proper spirit, that the engineers of the king of France could not accept money from any body below a sovereign. The marshal was not displeased with this delicacy, and offered in the next place to present him to a general officer, who was going on immediately to Moscow, and would be glad of his company. The proposal was gratefully accepted. A Genevan jeweller, whose acquaintance he had made at his inn, supplied him with money for his immediate wants, which he would not accept from a marshal of the empire, and in a very few days he was on his way to Moscow. This journey was not without its desagr6mens, as indeed what passage of human life is? The general with whom our ad- venturer travelled was rather surly in his deportmentthe weather was excessively cold, and while the rest of the compa- ny were shut up in two warm close carriages, the lines had fall- en to St Pierre in an open traineau, a situation the more disa- greeable from his having no pelisse or fur cap. The advance toward Moscow had nearly proved as disastrous to him as the retreat from it lately did to his countrymen. When they stopped to repose, the entertainment was not well calculated to restore his spirits~ The general at every post-house distribut- ed to each of the company a small piece of bread as hard as a rock, and the value of half a glass of wine hewn off with an axe from a solid mass of that liquor. Having made this liber- al allowance he placed himself at a table to take his own re- past, while his companions were expected to remain standing behind his chair. This was a reach of degradation too low to be endured by the future legislator of Tartary. Non tulit hauc speciem furiata mente Cornbus. St Pierre alone of the company took the liberty of sitting in the generals presence, but whether at the same table is not sufficiently explained. The general, however, we are tohi, never forgave him this 207 1821.1 Life of Bernardin de St Pierre. excess of familiarity. A ride from St Petersburg to Moscow in the winter is not a very uncommon adventure, and to an engineer of the king of France one would suppose not a very formidable one. Under the pen of his sentimental biogra- pher, it assumes however rather a hazardous aspect, as the read- er may judge from the following passage, which is a happy specimen of the biographers best manner. But the aspect of nature was enough to plunge him in melan- choly. It is impossible to describe the keenness of the atmosphere and the severity of the frost. Every thing was covered with snowthe woods, the fields, the plains, the mountains, the lakes, and even the sea. In the morning the sun rose like a ball of red fire in the horizon; its lio~ht was pale and without warmth, and served only to agitate in 4ie air a multitude of frozen particles glistening like diamond sands. The night presented a spectacle not less strange. The pines, across which the icy wind passed, were like so many pyramids of alabaster, with passages running into a boundless distance. Now the moon illumined them with bluish gleams~ and anon the fires of aurora borealis seemed to cover them with the flarings of a great conflagration. You would have thought them, at such a moment,the colonnades, the porticos of a city, in which the excited imagination beheld sphinxes, centaurs, and harpies, Thor and his mace, and all the fantoms of the heath- en mythology. Rapidly borne along on an open sledge, he beheld these imagi- nary beings flitting around him, and he could with ~difficulty refrain from believing in their reality. The three carriages drove on, in this condition, without any hope but that of arriving at some poor villages, of which nothing, however, announced the neighborhood, for the very cocks and dogs were stupifled by the cold. They beheld, however, troo~s of wolves, who, pressed by hunger, followed the travellers as t eir prey. These terrible ani- mals divided themselves into two packs, on the two sides of the road. Each was led by a chief, who sprang forward, preceded the carriages, and stopped from time to time to utter the most plain- tive cries, to which the two packs responded at measured inter- vals. After this call, you would hear no more of them but the light sound of their feet tapping on the snow, a noise more omin- ous even than their shrieks. Alas when our sad traveller, in the midst of these deserts, recalled to his mind the rich fields of France, her smiling vallies, her green hills covered with animals serviceable to man, where the soil is clothed with harvests, vine- yards, and rich orchards, where the song of the cock, the baying of the dog, and the silver peal of the rustic bell announce at eve- ry morning the return of day, oh, how did his heart not sink with - 208 Life of Bernardin de St Pierre. [July. in him ! how wretched did he not feel himself to wander so far from his country! It was thus, that exposed to the rigor of the frost without so much as a cloak to protect him, he could not but envy the wretched peasants, whom he found herded in the huts, but who at least could comfort each other in their misery. He envied even the horses that were harnessed to the carriage, for Providence, careful for theni, had covered them with a long and warm hair, like a thick fleece; as it were to testifyas our trav- eller despondingly thought at the timethat man alone was abandoned on the earth; as if to testifyas he devoutly thought twenty years afterthat there is not a single being abandoned; inasmuch as God gives to all, to t eir need, that which they have not themselves the understanding to procure. Upon his return to St Petersburg sometime after in sum- mer over the same road, the face of nature was wholly changed and the inconveniences he encountered, though not inconsiderable, were of a different description. Such readers as like the effect of contrast may perhaps be pleased with seeing the following passage in the present connexion. He could not do any thing more acceptable to M. de St Pierre, who was ove oyed at the thought of traversing, at his ease and in fine weather, a region, through which he had not for- gotten what he had before suffered. But it was his fate to experience on the same spot the extremes of heat and cold. Placed at the bottom of a carriage, without any other clothing than pantaloons of linen, the two travellers were obliged to keep constantly at their sides a block of ice, which was renewed as fast as it melted, and of which the water, mixed with sugar and lemon, was inadequate to appeasing their perpetual thirst. By night, they were pursued by clouds of musquitoes, which vanished at sunrise. But then there were swarms of little flies, which came to infect the air, and which clung to their faces like grains of burning sand; larger flies succeeded these till noon; when armies of new flies, still larger, fell upon theum from every side, and covered them with painflul stings. One would have thought that, like Egypt of old, the country was given over to a plague of flies. Oppressed for want of sleep, tormented by the heat and by the insects, our travellers pursued, almost blind, that same road, where so lately, benumbed with cold, they had seen nothing but plains covered with snow, and heard only the howl- ings of the wolf. At this time, the roads were covered with droves of cattle, driven by Cossacs from the Ukraine to Dantzic. The two friends were never tired of admiring the gaiety of these fellows, who, unconcerned at the heat of the sun, the stinging of the ifies, or the enormous distance to be traversed, went singing on, in the shade of the pine trees. 1821.] L~fe of Bernardin de St Pierre. 209 The close of this description may serve as a convenient specimen of our authors style and manner, in the original. Un jour au lucur de lAurore, les deux voyageurs cotoyaient i~ pied les rives dun lac, en admirant Ia multitude de perspec- tives, qui souvraient devant eux. Apr~s une nuite etouffante, ils jouissaient avec d6lices de la double fraicheur des eaux et dii matin, lorsque les accents de phusieurs voix melodjeuses attir~- rent lear attention. Ils march& ent un instant, sans rica decou- vrir, mais soudain la vaste entendue du lac se derobant ~i. leurs yeux, ~ travers quelques sapins isoh~s, ils aper~urent plus de trois cent femmes entk~rement nues, dont les eaux transparentes seni- blajent multiplier les charmes. Les unes nageaient en silence, les autres chantajent, mollement couch~es sur Ic ga~on. La plupart se poursuivaient en foliLtrant, tandis que dautres, lais- sant tomber Ia dernkre voile, etnient immobiles sur le rivage. Les anges eux-m~mes nauraient pu voir sans emotion toutes ces beaut~s reunies. Leurs groupes pleines de graces se dessina- jent sac un horizon dazar, et semblaicut leavre dan enchante- mnent. On etit dit une troupe de ces nymphes, quc le Tasse met ii. 1entr6e du palais dArmidc, IN os voyageurs contemplaient cette scene avet ravissement; inais ayant vouha sapprocher davantage, lear habit rouge les trahit, lalarme se repandit parmi les baigneuses, et en un moment le tableau disparat. Les plus jeunes se pIong~rent dans le lac, et les plus ag~es, se couvrant le visage dane main, de lautre firent signe aux voy- ageurs de seloigner. Qaoiqac jeunes et officiers ils respect~rent cet ordre, et bientot ils purent sen feliciter, lorsqails apprirent de leur conducteur, quil y auroit eu du danger i~ ne sy pas soumettre. It has not been our fortune to travel from Petersburg to Moscow in the winter, and we are of course unable to speak from personal experience of the fidelity of the first of these descriptions. We had occasion some years ago to make this journey in summer; and must add that this last described feature in the landscape had entirely disappeared. By way of compensation, perhaps, we may observe, that we do not recollect to have encountered a single fly or musquito on this long and solitary journey, and although not provided with a block of ice in the carriage, we suffered very little from heat. The principal inconvenience which befel us arose from the quality of the road, which was then composed for the greater part of large unhewn logs placed contiguously to each other across the way, without any coverin~-of earth. We had un Sew Series, No. 7. 27 210 Lfe af Bernardim de St Pierre. [July, warily made trial of a carriage without springs, which is used a good deal by the people of the country, called a kibitka, and the effect upon the bones of driving over such a road in such a vehicle, is more easily imagined than described. It is time, however, to return to our adventurous knight, whom we left at the entrance of Moscow. Upon the arrival of St Pierre at this place the adverse stars that had so long presided over his fortunes relented for a time. He was received with great cordiality by General da Bosquet, a Frenchman in the Russian service, to whom he had been particularly recommended by Marshal Munich, and speedily obtained the rank of second lieutenant of engineers. This post seems at first blush a little below the pretensions of our Asiatic Solon, but the brilliancy of the dress afforded some compensation for the inferiority of the rank. It consisted, as we are told by the biographer with laudable exactness, of ~ scarlet coat with black facings, fawn colored under clothes, white silk stockings, an elegant plumet and a bright sword. Such equipments in addition to an athletic and graceful per- son and an advantageous tournure were a good ground for almost any pretensions at the court of Catharine. With such qualifications it was far from being a visionary project to think of ruling a future Empire on the Caspian sea, since they were perhaps more likely than any others to give the possessor the effective command of one in actual existence and extending over half the globe. Such at least was the opinion of the Grand Master of Ordnance, Mr de Ville-bois, to whom St Pierre had been presented, and who cast his eye upon him as a suitable instrument for supplanting the favorite Orloff in the good graces of the empressOrloff being then the principal obstacle at court to the credit of de Ville-bois. Not long after he accordingly proposed to his prot~g6 to present him to the Empress. St Pierre could hardly contain his raptures, although they arose from views entirely opposite to those of the Grand Master. The moment, as he thought, was now at hand when the great object of his expedition was to receive its accomplishment. In direct contradiction to all the princi- ples of court etiquette he thought of nothing less than hand- ing a memoir to the empress upon his intended colony at the public audience, and in preparing for his presentation he was more busy in retouching his plan than in decorating his per- son. It may be observed that his protector, de Ville-bois, was 1821.3 Life of Bernardiu de St Pierre. 211 not in the confidence of his political projects. The account of his presentation and of his subsequent interview with Count Orloff is rather long, but we think the reader xviii not find it tedious. M. de Ville-bois, delighted with the enthusiasm of his proteig4, with whose brilliant schemes, however, he was unacquainted, determined to satisfy his wish, by presenting him to Catharine. A private motive seems1 moreover, to have actuated him on this occasion, and every thing leads to the conclusion that he had formed the plan of destroying the influence of Orloff, by that of a new favorite, and thus acqulring an ascendency over his sove- reign. It was one evening, on rising from supper, that he an- nounced to M. de St Pierre the good fortune, which awaited him the next day. Our philosopher had well nigh gone crazy at the news. In haste to be ready, he escaped from the hall of M. de Ville-bois, ran and shut himself up in his chamber, began his memoir twenty times, read it, and read it again, declaimed it, opened his Plu- tarch, sought there for hints, for inspiration, and prepared a fine discourse on the glory of kings that found republics. The night was passed in ~J~e agitations and excitements of this fey er. Toward morning he began to dress, stopping every moment to correct some liii~, alter an expression, or throw in an idea to insure the success of his enterprise. But what was this enterprise, which carried him to the extremities of the earth? what were these seductive speculations, which, in the midst of the ices of the north, could make him forget even his native land? Near the eastern shores of the Caspian sea, between India and the Russian empire, there exists, in the happiest climate, a favored region, where heaven has lavished all its gifts. The Tartars have occupied it, and turned it into a desert. It was here, that, under the modest title of Gompany, our young legislator proposed to found a republic. The empress of Russia, so enlighted in respect to her interests, would protect an establishment, which would bring into her possession the riches of India, and the commerce of the world. This commonwealth should be open to the unfor- tunate of all nations. To be poor and persecuted should be a sufficient title to enter this assylum. Even the Tartars would soften their manners, to be admitted into this retreat of misfor- tune. Good faith, liberty, justice and law alone should bear sway in the state: and the code of this new Atlantis should be expressed in terms clear and unequivocal. Like that of William Penn, it should say to all those, who sorrow in the world, Come to our fertile region; and he that there plants a tree, shall gather its fruit. M. de St Pierre proposed above all, to imitate this legislator in his reliance on God, the greatest, in our opinion, 212 Life of Beruardin de St Pierre. [July, ever evinced by the lounder of any state; inasmuch as he dared to establish a society of men, rich and without arms; and by a miracle of Providence this society never failed to flourish in the midst alike of savages and Europeans. Such were the noble pro- jects, which the young traveller caine, with the firmest confidence, to present to the great Catharine, and rich with these brilliant illusions reached the gates of Moscow with his last crown. The hour of the audience at length arrives; the memoir is finished, he reads it once more, runs to M. de Ville-bois, mounts his carriage, and soon after finds himself in a magnificent gallery amidst the great lords of the court. They all affected the man- ners and politeness of the French. To judge from the air of freedom and happiness in their faces, you would have pronounced theni a company of the blest. Each one exerted himself to ap- pear what he was not, to say what he thought not, and to hear what he believed not. Not to deceive would have been the true deception here. There was a mutual fraud, which imposed on no one, and to which every one was reconciled. The eye was daz- zled with ribbons, gold, silver, and jewels. At the sight of this motley throng, M. de St Pierre lost at once his courage. He was amazed at his having conceived of bringing a pwject for liberty into such a circle of slaves. Can they understand the language of truth, whose only pleasure is falsehood? Can they wish to protect the free, vho owe their titles and their riches to a yoke, which they bind upon their wretched serfs? Grieved, almost dismayed with these reflections, seized with a timidity which he could not throw off, the project began to quit him, and he would have yielded perhaps to the feelings which oppressed him, when the doors of the gallery were pompously thrown open. All in a moment was motionless and silent, and he saw only the empress. She advanced: alone. Her countenance was noble, her expression mild and serious, her carriage easy, every thing about her combined to remove fear, and to inspire respect. She stopped to listen to the grand master. While he spoke, the eyes of Cath- anne fixed themselves upon our youthful legislator, who approach- ed at a signal of M. de Ville-bois, and according to the usage, dropped with one knee to the floor, to kiss the hand which was extended to him by the empress. After this ceremony, she ad- dressed him several questions about France. He was fortunate in his replies, and a charming smile announced to him that he might take courage. Finally she told him, with an air of great kindness, that she was pleased to have him in her service, and that she begged him to learn the Russian; afterwards saluting NJ. de Ville-bois, she threw upon his protig~ the most gracious glances, and continued to proceed with the great lords who sur- rounded her. The rapidity of this scene had disconcerted the 1S2 1.] Life of Bernardin de St Pierre. 213 projects of M. de St Pierre. His discourse had stopped at his tongues end, and his memorial remained in his pocket. He that had come but to speak the truth, had been able to think of noth- ing but compliments. By what sorcery had he yielded so soon to the seductions of the court? Why had he not been able to overcome a weakness, of which he was ashamed? Alas, he felt that his republic was vanishin~ away, and that in holding the language of the courtiers, he ha~l enlisted in their number. After the empress had retired, the courtiers surrounded M. de Ville-bois, to conjatulate him on the success of his young cousin, who soon became the object of general notice. He was over- whelmed with offers of service; with compliments, protestations, and flatteries. Even count Orloff came to ask him to breakfast, and the baron de Breteuil, then French ambassador, scolded him familiarly for neglecting his countrymen. Stupified and like a person intoxicated, our poor second lieutenant could not imagine what it xvas, which had rendered him so quickly an important personage. He approached Barasdine, who had been a witness of the scene at a distance, and seemed to share th triumph. As soon as they were alone, Barasdine explained to him the ~& eal of a court, ever ready to bow down before the momentary idols of fortune. They think, said he, that the grand master has cast his eyes on you, to shake the power of Orloff, and regain the favor to which he aspired. They add, that the empress, in retir- ing, praised your person, your sel possession, and the vivacity of your answers. My uncle and several courtiers have commended you; and Orloff turned pale at it. Trust me, and make yourself a rival of this unworthy favorite; every purse will be opened to second you. Set up a carriage, take an hotel, a title, and ser- vants. Throw yourself at all hours in the way of the empress. She is youn~, handsome and kind; you are a Frenchman, you are agreeable, nothing is im possble for you. Resolved not to depart a moment from the principles of honor, he went the next day to the count Orloff with his memorial in his hand, and found him alone in his cabinet, engaged in reading some papers. His reception of M. de St Pierre was polite, but somewhat cold. His manner was marked with a curious mixture of familiarity, openness, and pride. His fierce and masculine beauty would have worn a stern appearance, if you had not perceived in the softness of his air and the studied sweet- ness of his looks, that he had learned to wear the yoke, and for the sake of reigning had stooped to please. Tea was brought, and while at breakfast, they began a conversation on politics, litera- ture and fortifications. Orloff expressed himself with clearness, and knew how to listen for information, a rare gift among men, who generally listen only to kill time, to forget, and to talk. 214 Life of Bernardiri de & Pierre. [July, Toward the end of breakfast, he took from his library the two first volumes of the Encyclopedia, of which the margin was cov- ered with notes in French, on the most abstract sciences, in the handwriting of the empress. He opened these volumes, threw himself on his knees, covered them with kisses, fell into the most passionate enthusiasm, and spoke in the most glowing terms of the talents of his sovereign, of her accomplishments, her beauty, and the exalted fortune of those whom she loved. He then took from his secretary another book richly bound, and said to M. de St Pierre, this does not contain much science, but you will see that it is not wholly useless. He opened the volume, which con- tained nothing but bank notes. You must take some leaves of ~ said he, smiling, it is the only way in which you can criticise them as you ought ; adding in the kindest manner, I know, by experience, that the equipment of an under lieutenant is very expensive and his appointments very trifling. You cannot there- fore refuse to be obliged by an officer, who feels proud of having begun at the same point as you. M. de St Pierre was affected at this offer; he conceived it a noble and generous action. With greater knowledge of the world, he would perhaps have looked on it as designed to humiliate a rival flattered by the other courtiers. However this may be, the offer of Orloff met with no better success, than that of the marshal Munich. To be the ben- efactor of M. de St Pierre it was necessar from that time to be his friend or his kino~ But in rejecting y the gift of Orloff with one hand, he presented him with the other the memorial which he had so much at heart. Orloff ran it over with indifference, threw it carelessly upon the table, and said that views of this kind were contrary to the laws of the empire and the interest of the great. This objection did not discourage our legislator, who grew warm by the very opposition, and tried to convince Orloff, by showing him the beauty and utility of his project. The latter however listened with an absent air, and had already risen like a man whom truth does not please, when it was announced that the empress required his attendance. He immediately waited upon her in his slippers and morning gown, and left M. de St Pierre profoundly chagrined, and disposed to make a satire on all favorites. After waiting half an hour, and finding that the count did not return, he determined to retire, cursing at once his own ambition, and the blindness of the great, in never desiring a real good. The most gloomy reflections pursued him to his miserable abode. He saw dissolved at a moment the enchantment of great- ness, with which he had been dazzled; and he found himself now at his stove with his mathematical books, the study of which ap- peared to him equally useless and tedious, and with no other society than that of a denneekik, or military domestic, to which 1821.] Life of Bernardin de St Pierre. 215 his rank entitled him. Even the sight of this man increased his dejection. He had been lately torn from his family; he remain- ed for days motionless behind his master, doing like an automa- ton that which he was commanded by signal, and in stupid afflic- tion resigned to every thing. Sometimes, however, the expression of sadness burst out all at once in a sort of song, or rather mono- tonous murmur, accompanied with tears. For the rest, he had so little idea even of the most common things, that by way of clean- ing shoes, he would pluiige them in water, and leave them there till they were called for, to be put on. M. de St Pierre having taught him how to brush a coat, the invention of the brush seemed to him a thing so marvellous, that he was about to throw himself at his masters feet, and adore him as a superior intelligence. The constant presence of this demi-savage was the more afflictive to our hermit, as it would not allow him to forget a moment, that there, whither he had come to seek fortune and glory, he had found only bondage and misery.~ Such was the untimely fate of one of the most promising and best administered republics that ever existed in the land of Utopia. It does not appear that St Pierre made any further efforts to accomplish his scheme during the remainder of his residence in Russia, which lasted three or four years. It strikes us as rather probable that the extraordinary and ro- mantic coloring given by his imagination to the circumstances of his interview with the empress, and communicated by him to the biographer, was illusory. It is far more likely that M. de Ville-bois perceiving that he had a strong desire to be pre- sented to the empress, was induced by the personal esteem he felt for him, and without any ulterior views of his own, to gratify him in this wish, although beyond the pretensions of his rank; and there is nothing unnatural in the other incidents that fol- lowed. However this may be, the destined founder of repuh- lics sunk very quietly into the sphere of his second lientenancy, from which he gradually rose to the rank of captain; and had he chosen to remain in this career would probably have attain- ed to the highest posts in the army, and might perhaps have played the part of Kutusoff in the late campaigns, at about the same age. Fortunately for the admirers of Paul and Virginia, his destiny was differently cast. His character at this period of life was too impatient and restless to be long satisfied in any situation, hoxvever promising and even brilliant. A wish to abandon the Russian service had been for some time fer- menting in his mind, and upon the disgrace of his protector, Lift of Bernardin de St Pierre. 21G EJuly, M. de Ville-bois, it assumed to his imagination the appearance of a magnanimous sacrifice to friendship and duty. Some efforts xvere made by the government to induce him to stay; and General de Bosquet renewed the tempting proposition, that had been held out to him in Holland by the journalist Mustel, in a still more specious form. Few captains of engi- neers at the present day would resist the offer of the heart and hand of a generals niece, ______ beautiful as sweet, And young as beautiful, and soft as young, accompanied by the reversion of a princely fortune. Our knight errant would doubtless have perceived the advantages of ne~otiating upon this basis, and have concluded a treaty at once. Unfortunately the empress Catharine having a cast off favorite to whom she was willing to do a kindness, bethought herself about this time of placing him upon the throne of Poland. The Polish nobility felt themselves aggrieved and were dispos- ed at first to make some resistance; and although the French government, then in the hands of Madame de Pompadour, was not very efficient, it was understood to be the policy of Prance to support them. Under these circumstances it be- came of course the duty of every loyal Frenchman, especially of every officer of engineers, and most of all, of such whose proper vocation was to found and regulate republics and em- pires, to help the Poles in resisting the appointment of Ponia- tofsky to the crown. Our chevalier, uniting all these qualifica- lions, could not hesitate a moment. Turning accordingly a deaf ear to the offer of the generals fortune, and an eye of indifference to the charms of his niece, he set off with all speed for Warsaxv, provided with proper recommendations from the French ambassador. Upon his arrival he was receiv- ed with due distinction and cordiality by the chiefs of the party he came to serve, and in order to lose no time in per- fecting the objects of his undertaking, he made great haste to join the army of Prince Radzivil. had he succeeded in this attempt, there is reason to suppose that he would have covered himself with glory by his exploits during the campaign, and it is not improbable that the arm of so valiant a knight would have turned the scale of battle and secured the independence of Poland. Such achievements are far from bein unknown in the annals of romance. Still the world would have lost 1821.1 Life of Bernardin de St Pierre. 217 Paul and Virginia. It is, therefore, not wholly to be regretted that the very day he left Warsaw on his way to the army of Radzivil, he was taken prisoner by a detachment of the Rus- sians who covered the whole country; and found some diffi- culty in escaping with his life upon giving his parole not to serve against the empress. Thus ended the second of our heros political enterprises, and thus disappeared the last gleam of hope for the brave and high-minded Poles. Not having for the moment upon his hands any republic to found or protect, our adventurer naturally remained a while at Warsaw to compose himself after his late agitations; and here was seen in its full evidence, the truth of the homely proverb bearing, that if a man cannot find work for himself, a person- age we shall not name will soon find it for him. Prince Rad- zivil had a relation, the princess Mary M, as our biogra- pher writes her name, with laudable discretion. She had used her interest in favor of St Pierre at the time of his im- prisonment. To make repeated visits of acknowledgments to a fair protector was the dictate of natural gratitude. To be- come enamoured of a princess endowed with every charm of mind and person was the necessary result, with so loving a heart as that of the author of Paul and Virginia; and by this concatenation of cause and effect, we behold our adventurous Paladin in the next stage of his progress a captive, like so many of his compeers of romance, in the toils of beauty, as indiffer- ent to all his high designs, and as much intoxicated with the delicious poison of love, as Holgar the Dane in the Paradise of the Fairy Morgana, Rinaldo in the enchanted groves of Armida, or the pious Eneas in the African palace of Queen Dido. There was this further resemblance between his fortunes and that of the last mentioned personage, that they both com- menced by an adventure of precisely the same description. St Pierre, like the Trojan hero, was accidentally overtaken by a storm in company with the object of his passion, and they were led into error by repairing for refuge to the same pavil- lion. The want of room makes it impossible for us to enter into all the details that are given upon this subject by our sentimental, though at the same time, highly religious and moral biographer. Suffice it to say, that after the inglorious delusion had detained our chevalier for more than a year, those tiresome personages, so constantly hostile to every thing like passion and romance, the paren8, the relations and friends .New Series, .YQ. 7. ~28 218 Ljfe of Bernardin de St Pierre. [July,. of the princess interfered and the knight received his dismis- sion. He wandered about for some time in a state bordering very nearly upon despair, and invoked death as the only pos- sible means of relief. But it has been observed, that the trials of the heart, though admitted by all to be in the highest de- gree painful, are seldom absolutely fatal. It is believed that the case of Werther is the only well authenticated example of such a catastrophe. Our hero after a while began to take courage, consulted with his friends, and was advised to repair to Vienna and endeavor to obtain employment in the Austrian 5ervice. This application was wholly unsuccessful, and principally, we think, from our heros fault. He was recommended by the Austrian ambassador at Warsaw, Count de Mercy, to a baroness, one of his relations at Vienna, and it was by her interest that his claim was to be advanced. We are compelled to say, that in his treatment of this person M. de St Pierre appears to have transgressed all the rules of civility. It is true that the baroness had kept him waiting seven or eight days, before she admitted him to an interview, and that upon making her acquaintance he found that she was old and ugly. But this was really not her fault, and he ought to have recol- lected that all the women in the world could not be expected to exhibit the airs and graces of the divine princess Mary M. Instead of this he seems to have taken serious umbrage, and to have seized the first occasion for expressing it. The baron- ess happened to observe that she had formerly known at the French court a Marchioness de St Pierre, and that she was perhaps the mother or aunt of the chevalier; upon which the latter replied, with what his biographer calls a noble frank- ness, that he should not have come to Vienna to offer his service, if he had belonged to the family of the Marquis de St Pierre; but that he would not abuse the kindness of the baroness, and that she might reserve her protection for those who stood in need of patronage and high birth to obtain suc- cess. The baroness, says our biographer, did not understand irony; he might have said she did not like insolence. The conversation naturally stopped at this point, and with it the chevaliers expectation of preferment in Austria. Meanwhile, he had received a letter from the princess Mary M ,filled with tender protestations and expressions of despair at their separation, which he chose to construe into an invitation to 182L] Life of Bernardin de St Pierre. 219 return. It happened that the state carriages, intended to be used at the coronation of king Stanislaus, had been built at Vienna and were just going off. Our hero prevailed upon the conductor to allow him a passage in one of them, and was very soon at Warsaw. It strikes us as a sacrifice of principle in one who had so nobly resisted the pretensions of Poniatofsky to make use of his carriage; but love has led many a wiser man than St Pierre into much greater follies, so that we shall pass over this point without further censure. What was his astonishment upon arriving at Warsaw to find that his disconso- late princess was to give that very night a magnificent ball to the foreign ministers. In the paroxysm of his rage he burst without invitation into the middle of the fite, and taking the princess aside overwhelmed her with the bitterest reproaches. The next morning early he received the following laconic billet-doux: Your passions are so furious, that I can no longer support them; it is time for you to become reasonable, and to think of your profession and your duty. I am going to join my mother in the Palatinate of ~ I shall not return hither till I know you are gone, and shall not write to you till I know you are in France. MARY M. Such was the denou6ment of this romantic business. After another interval of despair our adventurer took courage a second time, and set off for Dresden in the intention of offer- ing his services to the Elector of Saxony, who was just then making war upon Poland. He was well received at this place, and his adventures here were not less extraordinary than at Warsaw. They are related by the biographer with a relish, which shews very clearly that the Savans of Paris know how to unite the national gallantry with the graver cares and tastes of their proper functions. We shall not, however, by any extract, diminish the edification which our readers might experience from reading the account of them in their place, and simply observe that their abrupt and unsatisfactory termination disgusted St Pierre with Saxony, where in other respects, his prospects appear to have been sufficiently bril- liant; and he departed somewhat in dudgeon, with the inten- tion of obtaining employment in the army of the great Frederic. The reader will have observed that our adventurer shared, in a degree, the philosophic indifference of the worthy Dugald Dalgetty, and was as ready, in a good cause and with the law on his side, to draxv his weapon for one monarch as for another. At Berlin, however, he met with a repulse, the regulations ~n 220 Life of Bernardin de St Pierre. [July, regard to the rank of foreign officers entering the service, not being compatible with his pretensions. The only adventure of much interest that occurred in Prussia, was a repetition by the counsellor of state, Taubenheim, of the seducing proposition of the journalist, Mustel, and General de Bosquet. Tauben-. heim placed at his disposal his eldest daughter, Virginia, a charming girl of fifteen, the prototype of the future heroine of romance, with a handsome fortune, acquired in the thrifty employment of farming the government monopoly of tobacco. This attractive offer created a serious struggle in our adventurers mind; but his high destiny of founding empires, finally pre- vailed over the seduction of a vulgar and unambitious happi- ness; and once more we add, that the world is all the better for it, for if St Pierre had espoused the real Virginia we should probably have lost the imaginary one. Having now completed his tour through the north of Europe, our hero returned to France, in precisely the same situation in which he left it; and resumed immediately the agreeable occupation of soliciting patronage and employment. As it happened, a scheme was in agitation, which precisely fell in with his pro- fessional pursuits. The government were meditating the pro- ject of founding a colony on the great island of Madagascar a as our hero was known to work in this line, he was immediate- ly invited to concur. This proposal was accepted of course. The command of the expedition was given to a person of higher rank, and St Pierre had the second place, with the title of captain of engineers at the Isle of France. He sold his little patrimony, and expended the proceeds in buying all the books upon legislation, that have appeared since the time of Plato. Meanwhile, the leader of the new colony in making his preparations, engaged neither soldiers nor workmen, but contented himself with laying in a large stock of servants, cooks, actresses, and secretaries. They had not been long at sea when the secret came out. The t~ommander informed St Pierre, that he had not the slightest intention of founding a colony; that his only object was to make his fortune, by trad- ing in the natives of Madagascar, and that in selecting the per- sons who composed his suite, he had consulted of course, only his own personal amusement. This then was the object for which St. Pierre had sacrificed his paternal property, in mak- ing a complete collection of Utopias. It may easily be ima- gined, that he took the earliest opportunity of quitting the 221 1821.1 Life of Bernardin de St Pierre. concern. Without proceeding to Madagascar he landed at the Isle of France, and after remaining there two years, return- ed for the last time to his native country; and for the last time we add, that however unpleasant this turn of occurrences may have been, it was still in the end productive of benefit, since we could not have had, at least in its present shape, the agree- able pastoral that has given St Pierre his reputation, unless the author had been led by cross accidents to pass a considerable time at the Isle of France. This was the conclusion of the active enterprises of St Pierre. The rest of his life was employed in the every-day work of writing and publishing books, and furnishes, of course, but few materials for the biographer. He formed, soon after his return, the plan of a voluminous romance, in prose, to be called Arcadia, in which was to be recorded, for the benefit of future legislators and knights errant, all the magnificent pro- jects, which the writer had attempted in vain to execute. After laboring many years in collecting materials for this work, he abandoned the plan; and although he afterwards regretted that he had done so, we a~e inclined to think that it was fortunate for his reputation. He worked up the materials prepared for the Arcadia in the several books which he after- wards published, and we should be very sorry to exchange them for a heavy prose epic poem. The first book of the Arcadia was finished and printed, and gives but a poor idea of what the work would have been. The manner is nearly that of the Martyrs, by M. de Chateaubriand, and the impression made by it about as dull. The Studies of Nature, Paul and Vir- ginia, and the Indian Cottage were formed out of the materials intended for this romance, and published one after the other with great success; and the author immediately took his sta- tion among the most distinguished literary characters of the time. It would be needless to add any critical remarks upon books so well known. The reception, which Paul and Vir- ginia met with from a company of distinguished and enlight- ened auditors at a reading in manuscript, is matter of curious observation. Nevertheless a few days after, madame Necker wrote to the author to request him to read his works. She promised him for auditors and judges the persons whom she esteemed the most. M. Necker, as a distinguished favor, would be at home on the oc- casion. In a word, Thomas, Buffon, the Abb~ Galiani, M. et 222 Life of Bernardin de Si Pierre. [July, madame Gerinary, and some others were admitted to this tribu- nal, where M. de St Pierre appeared, with the manuscript of Paul and Virginia in his hand. He was at first heard in silence, by degrees the attention grew languid, they began to whisper, to gape, and listened no longer. M. de Buffon looked at his watch, and called for his horses. Those near the door slipped out; Thomas went to sleep: M. Necker laughed to see the ladies weep; and the ladies, ashamed of their tears, did not dare to con- fess that they had been interested. The reading being finished, nothing was praised. Mad. Necker alone criticised the conver- sation of Paul and the old man. This moral appeared to her tedious and common-place, it broke the action, chilled the reader, and was a sort of glass of iced water. M. de St Pierre retired in a state of indescribable depression. He regarded what had passed as his sentence of death. The effect of his work on an audience like that to which he had read it, left him no hope for the future. He did not know that an unknown author must look to the public alone for success. In society, those who have them- selves acquired a reputation are slow to praise, for fear of com- initting themselves; the rest judge of a book only from the name of its author. He remained therefore fully persuaded that Paul and Vir~nia~that the Studies of Naturethat all the works, to which he had devoted fourteen years of patience and observation, were unworthy of the public eye. He was still suffering under this double ill fortune, when a man of genius, the painter Vernet, came to revive his courage, and to restore him to his favorite studies. This celebrated artist often made a visit to the little garret, which M. de St Pierre then oc- ciipied in the Rue St Etienne-du-mont. Accident having carried him thither, a few days after the disastrous scene at M. Neckers, he found his friend in the lowest stage of depression, and the poor hermithis heart filled with the disappointment~was not slow in relating it to his friend. Vernet was surprised, for he had read several passages of the Studies, and was anxious him- self to jud~e of a work from the same pen. M. de St Pierre yielded to ~is urgency with reluctance, but at last he took his manuscript, which, since the fatal day had remained rolled up on the corner of his table, and began to read Paul and Virginia. Vernet listened at first with distrust, but the charm began to act upon him, and at every page he made an exclamation of delight. Never had he heard any thing so novel, so chaste, so affecting. The description of those distant regions opened to his eyes a new nature. The gardens of Eden were not more fresh. The loves of Adam and Eve have not more grace and innocence. It is the pencil of Virgil; it is the moral of Plato !Soon he ceased to praise, he wept. He shares the emotions of Paul at the depar 1821.1 Lfe of Bernardiu de St Pierre. 22~ ture of Virginia; and he wants words any longer to express the feelings awakened in him. They reach the dialogue of the old man, and M. de St Pierre proposed to omit it, mentioning the effect which it had produced on madame Necker. Vernet% however, would not consent to omit any thing; he yielded it all his attention, and his silence soon became more eloquent than hi~ tears or his praises. At last the book was finished. Vernet, transported, arose and embraced his friend; and, pressing him to his breast, cried happy genius, charming creature, the beauty of your character is transfused into your work. You have produced a chef doeuvre. Take good heed not to retrench the dialogue of the old man; it introduces a distance of time and p lace into the poem, separates the details of the infancy from the tale of the catastrophe, and gives an air of perspective to the picture. It was inspiration to introduce it. How charming too for its natural beauty is not this distant region; and how ingeniously is not the action combined with the character of the landscape. One not only seems to have lived with these sweet children, but to hear the chirping of their birds, to cultivate their garden, enjoy the beauties of their sky, and wander throughout the scenes they in- habited. My friend, you are a great painter, and I dare promise you a splendid reputation. The Indian Cottage has not the romantic interest of Paul and Virginia, and is less valued by that part of the communi- ty who confine their studies entirely to such works as explain the development and effects of the tender passion. It is perhaps more pleasing to a different class of readers, from the very agreeable and satisfactory manner in which it treats some of the highest questions in philosophy. The discussion pro- ceeds in the way of apologue, after the manner of the ancients. In this popular shape the author handles the great problems, where we are to search for truth, that is, for correct notions on the objects of life and the means of effecting them? Having satisfied ourselves, shall we communicate the result of our re- searches to others? What are the best instruments for prose- cuting the inquiry? The answers to the two first questions are sufficiently plausible. We are more likely to ascertain the truth by independent examination of facts, than by implicit deference to authority, and sincerity is the only necessary in- strument for carrying on this examination. But shall we com- municate the result to others, at the risk of shocking all the prejudices and interests that may be connected with opposite opinions ? The answer to this question is not quite so ration 224 Life of Bernardin de St Pierre. [July, al. St Pierre recommends that we should tell the truth to those who are well disposed to receive it, that is in substance, to those who knew it before but conceal it from the interested and the vicious. He appears to found himself upon the passage in scripture Cast not your pearls before swine, lest they trample them under their feet, and turn again and rend you. But the moral couched under this brief parable may perhaps be understood to recommend caution and prudence in the publication of unpopular truths, rather than the entire conceal- ment of them, or the revealing of them to those only who knew them before, which appears to be a work of superero- gation. The concluding apophthegm of the Indian Cottage serves as a general moral to the work, and has met with uni- versal approbation, a man is never happy without a good wWe. In this respect St Pierre may be looked upon as singularly fortunate. At every period of his life he succeeded in con- ciliating the favor of the sex. We have seen already that, without being subjected to the tedious process of courtship and the repeated preliminary refusals that usually occur in these cases, he had in his youth several opportunities of con- tracting an advantageous marriage. Where such occasions are neglected, it is not always that they return at a later period; but with St Pierre they continued to present themselves to the last. In a passage of his Studies of Nature he ex- pressed a strong desire to obtain a suitable companion for life. He received in consequence a number of letters from differ- ent ladies making proposals for the situation ; one in particu- lar, from Lausanne, the writer of which described herself as young, rich, and handsome. Unfortunately, she was a protes- tant and could not bring herself to marry a catholic. Her pretensions in other respects were sufficiently moderate. I - wish my husband, she observed in her letter, to love me exclu- sively and forever. He must believe in God, and must serve him in my way. I would not be your wift, she adds, unless we could go to heaven in company. St Pierre replied, that in order to enter upon the marriage state, with a fair prospect of so desirable a result, it was necessary that the parties should see and know each other first. The young lady attempted to continue the negotiation, through the medium of one of her female friends at Paris. The latter does not appear, however, to have been a very accomplished diplomatist. Thinking to carry her point, as Hudibras with the widow, by force of logic; 1821.] Life of Bernardin de St Pierre. 225 she undertook to employ the argumentum ad hominern and quoted a passage from the Studies of Nature, in which it is observed, that the birds sing their hymns to the great Creator in vai~ious notes, but all equally agreeable. A practised rea- soner, like St Pierre, could not fail to remind her that this pas~ sage was fatal to her own argument; that if all religions were equally agreeable to the Creator, there could be no motive for his conversion, and that he never meant to be understood as saying that a nightingale ought to change his note and sing like a thrush. Some years after he married mademoiselle Didot, the daughter of the celebrated printer, and their two children were named Paul and Virginia. After her death he espoused in second nuptials a very young lady of noble fami.. ly, mademoiselle de Pelleporc, who survived him and is still living. His old age seems to have been as quiet and happy as his youth was restless and miserable. His tranquillity was but little affected by the revolution. He declined all active political employments, and when requested by Bonaparte to write a work upon the wars in Italy, he positively refused, in consequence of which his name was erased from the list of senators. This was not the sacrifice of a mere title, as the place of senator was attended by a handsome pension. He died in January 1814, at the advanced age of seventy-seven. A strong sentiment of religion was a prevailing feature iii the intellectual habits of St Pierre during the latter part of his life; and the independence, with which he expressed it on all occasions, gave occasion to a very strange scene at a meeting of the institute. Here begins one of the most scandalous scenes of the revolu- tion. Why can we not here stop? why have we entered this fatal career without calculating what it would cost us to complete it? But the choice of keeping silence is not left us; and even if we could tear this page from our work, we could not efface its con- tents from our history. It was in the year 1798, that Bernard~n de St Pierre had been charged by the class of morals to make a report upon the me- mnoirs which had been written on the prize-question, What insti- tutions are the most proper to form the basis of public morals? All the writers had treated the subject according to the well known opinions of their judges. Dismayed at a perversity which he could not but believe affected, the author of the Studies wa~ anxious to bring men back to views more just and consolatory, New Series, No. 7. 29 226 LJe of Bernardin de St Pierre. [July, and he finished his report by one of those flights of inspiration in which his soul breathed out all the sweetness of the gospel. On the appointed day, he repairs to the institute to submit his report. The greater part of his colleagues were gathered round a minis- ter, who kept in pay a band of mercenary scholars, directed to retrench from the Latin poets all that regarded the divinity, that they might be rendered fit manuals for the revolutionary schools. It was in presence of such an auditory, that M. de St Pierre began to read his report. The analysis of the me- moirs was heard with sufficient attention, but at the first annuncia- tion of his religious principles, a cry of fury was heard from all parts of the hall. Some jested, asking hiin when he had seen God, and what was his form; others derided his credulity; the most moderate addressed him with expr~ssions of contempt. Irom ridicule they proceeded to outrage; they insulted his age, they charged him with dotage and superstition; threatened to expel him from an assembly of which he had made himself un- worthy; and there were some, who carried the madness so far, as to challenge him to a duel, in order to prove, at the point of the sword, that there was no God. lie vainly attempted to make himself heard in the tumult; they would not hear him, and the ideologist Cabanis, the only one we shall name, in a transport of rage, cried out, I swear there is no God, and I demand that his name never again be pronounced within these walls. Bernardin de St Pierre would hear no more. He ceased to defend his re- port, and turning to this last opponent, said to him calmly, your master Mirabeau would have blushed at the words on ave uttered. Saying this, he ietired without waiting for a reply, and the assembly continued to debate, not if there were a God, but if they would allow his name to be heard in their haIls. Meantime M. de St Pierre had entered the library. Dis- mayed at a scene without a parallel in the history of human societies, he felt that he ought to make a last effort, and hastened to conimit to paper a few ideas, which should touch the minds of his auditors. This memoir was the work of inspiration; there are but a few words erased in the draft of it before us, and it was never copied. It is an affecting compound of sweetness and strength, and a model of the most lofty eloquence. He prays, he consoles, he seeks to reconcilethis was his only reply to the insults with which he had been loaded. He would not wrong himself by trying to prove that there was a God. He disdained to appeal to the works of nature; they would not be compre- hended by men corrupted by the vices of society. But he sought to make them blush, by recalling to them the ephemeral laws of this period. He opposed to the deliberate Atheism of his colleagues the involuntary assent of the representatives of the peQple, mnemi 1821.] Lord Byrons Tragedy. 227 covered with crimes, who yet dared not deny the God, whose vengeance awaited them. He carried this terrible argument so far, as to invoke that name, which no being can pronounce with- out a shudderRobespierre--whose auspices the class of morals was claiming. Thus spake the just! And God granted that these lines, inspired by the love of man, should be superior to any thing that the author, who had produced so many eloquent works, had hitherto written, that posterity might behold in his finest page the record of his noblest action. St Pierre attached great importance himself to certain theories of his own in natural philosophy, particularly one, which refers the movRment of the tides to the dissolution of ice at the poles. This object occupied his mind more and more as he advanced in life; but his views on the subject have not been sanctioned by the approbation of good judges, and it would be superfluous, even if we had room, to discuss them here. His business after all was more with the optic najads, to borrow an expression from the friend of Gray, than with the nymphs of the ocean. The tides, whose prin- ciples of motion he had studied with success, were those, which swell the heart and gush from the eye. ART. XI.Marino Faliero, Doge of Venice. .1 tragedy, in five acts, by Lord Byron. London, 1821, pp. 261. THE Baron de Grimm, in speaking of the decline of French tragedy, considers it as so obviously to be accounted for, that it was strange more than one explanation of its causes was offered. How is it possible, he asks, that any display of the influence of a single passion on the heroic character should yet remain to be discovered? Has not every different relation, in which love can be exhibited in romance, been described? Is it not hopeless to look for a conflict of the different affections which has not been pour~ trayed? Without inquiring into the answers to this argument, by those in France where the theory is held, who were then or are now founding their hopes on what de Grimm considers impossible, it is clear that the English theatre has fully deter- mined in theory if it has not successfully demonstrated, that there are other dramatic passions than love. What Pope, when young, attempted but suppressed, and what Addison

Lord Byron's Tragedy 227-247

1821.] Lord Byrons Tragedy. 227 covered with crimes, who yet dared not deny the God, whose vengeance awaited them. He carried this terrible argument so far, as to invoke that name, which no being can pronounce with- out a shudderRobespierre--whose auspices the class of morals was claiming. Thus spake the just! And God granted that these lines, inspired by the love of man, should be superior to any thing that the author, who had produced so many eloquent works, had hitherto written, that posterity might behold in his finest page the record of his noblest action. St Pierre attached great importance himself to certain theories of his own in natural philosophy, particularly one, which refers the movRment of the tides to the dissolution of ice at the poles. This object occupied his mind more and more as he advanced in life; but his views on the subject have not been sanctioned by the approbation of good judges, and it would be superfluous, even if we had room, to discuss them here. His business after all was more with the optic najads, to borrow an expression from the friend of Gray, than with the nymphs of the ocean. The tides, whose prin- ciples of motion he had studied with success, were those, which swell the heart and gush from the eye. ART. XI.Marino Faliero, Doge of Venice. .1 tragedy, in five acts, by Lord Byron. London, 1821, pp. 261. THE Baron de Grimm, in speaking of the decline of French tragedy, considers it as so obviously to be accounted for, that it was strange more than one explanation of its causes was offered. How is it possible, he asks, that any display of the influence of a single passion on the heroic character should yet remain to be discovered? Has not every different relation, in which love can be exhibited in romance, been described? Is it not hopeless to look for a conflict of the different affections which has not been pour~ trayed? Without inquiring into the answers to this argument, by those in France where the theory is held, who were then or are now founding their hopes on what de Grimm considers impossible, it is clear that the English theatre has fully deter- mined in theory if it has not successfully demonstrated, that there are other dramatic passions than love. What Pope, when young, attempted but suppressed, and what Addison 228 Lord Byrons Tragedy. [July, feared to trust to the united favor of the political and literary factions of his time, a tragedy where the interest does not depend on love, has at least ceased to be considered as im- possible. Yet even in those instances where the interest is to be excited by the influence of some other passion, it has been pretty commonly thought expedient to unite this also, not always with the most perfect success to the plot, and there are few dramas which preserve the interest of the passion un- mixed, with the purity and simplicity of Douglas, referring to the distress of maternal affection throughout, without a single strophe devoted to the tenderness of a confidante. If we may argue from some expressions in his late letter on Bowles Pope, Lord Byron is far from supposing any class of subjects beyond the province of poetry. Though dramatic poetry is not, in this connexion, actually referred to in this letter, yet it is natural that one who expresses so very decided an opin- ion of the universal range of the art, in general, would not confine any particular branch of it to the interest derived from one passion alone. As it was understood also, that Lord Byron did not mean to restrict himself to the conven- tional bonds of the acted drama, additional opportunity was given for the boldest choice in the passions, circumstances and history on which the interest of the plot should rely. We have made these remarks before giving our opinion, that the story of the tragedy is neither so valuable, as might have been produced by his lordships own invention, nor with the license assumed, taken from history. Very little variation from the facts is exhibited in the story of the play.* Michel Steno, a young nobleman, inscribes on the throne of the Doge of Venice two slanderous lines, re- flecting on the chastity of his wife, in revenge for having suf- fered punishment for some indecorum in the palace. Being tried by the council of forty, he was sentenced to confinement for two months and banishment for a year. This punishment Lord Byron commutes to a months arrest. Wrought to frenzy by this inadequate sentence, which he considers an additional insult on the part of the council, Faliero meditates vengeance. In this mood, he has an interview with the leader of a band of conspirators, with whom he unites. By the attachment of one of their number, however, to a young noble, the plot is Muratori Annali d Italia ix. 1S21.II Lord Byrons Tragedy. 229 arrested in the very moment of its success, and the action concludes with the execution of the conspirators. A pretty obvious fault in the story, the anticipated objection to which we think not fully answered by the noble author, is the great age of the hero. After the few dramas, like Lear, ~LEdipus & c. where the action turns on the very interest of the associations connected with extreme age, we seem to require that the violent passions employed to excite tragic interest should be displayed by the young and vigorous. It seems to be the dictate of nature to be shocked at the exposure of the mind to the violence of these passions, after it has ceased to possess fortitude to endure them. The octogenarian chief, blind old Dandolo, seems better placed in the war council, than on his galleys deck in the tumult and danger of the en- gagement. Very much too of the actual vivacity of sentiment and strength of passion, on which the interest of romance depends, are incompatible with the experience of eighty years, or if found at that period are unnatural and unpleasing. It is well for us that it is so, and fatal beyond description would be the continuance of the feverish excitability of youth, to its possessor. Yet the story of Lord Byrons tragedy seems even to add to the natural impropriety of the age of his hero. A prince, who has passed a life of eighty years in every variety of action and peril, seems ill in costume, when driven to madness by a boys libel on a young ladys honor. The quest?ion of the chief of the council of Ten seems un- answerable. And can it be, that the great doge of Venice, With three parts of a century of years, And honours on his head, could thus allow His fury like an angry boys to master All feeling, wisdom, faith and fear on such A provocation as a young mans petulance? Now although it may be and is said, that this event was only the occasion and not the cause of the treason of the Doge, as far as the dramatic effect is concerned we can see no other. The play opens with displaying Faliero in fearful suspense awaiting the senter~ce of the Forty on the libeller. This suspense and agitation, the consolation attempted to be offered and the whole impression conveyed, depend solely on the 1Do~es personal dishonor. L~i the bei~utiful close, too, 230 Lord Byrons Tragedy. Uuly, of the third act, a part of which we shall attempt to extract, the sentiments uttered by Faliero, are in their general ten- dency directly the reverse of the supposition that he had long suffered under the tyranny of the nobles, although incidentally, as if in anticipation of a similar objection, such allusions are made. All these remarks we suggest from the conviction that though historically true in the particular instance, this story is neither very natural nor highly dramatic. In the preface to the tragedy Lord Byron takes occasion to express great dis- satisfaction with Dr Moore for the slighting manner in which he mentions these events in his View of Italy. Without stop- ping to observe on the sensibility displayed by the poet to any opinion differing from his own in regard to his subject, though expressed while it was yetfere nature and unreclaimed, it is worth remarking that even if the conduct of the Doge should not appear to others, as to the author of Zeluco, extraordinary, it does not therefore follow that it is dramatic, which seems to be the point his lordship should establish. Of the different manners of dramatizing history; that of Shakspeare in the Hen.. ties, for instance, where a long series of events is crowded together and the poetical interest divided between them as they pass and united to form a whole character or reign, and that of most of the French tragedies where a single important fact is adopted and the whole action, on the principle of unity, made to refer to it, the former has clearly the advantage above alluded to: that though any particular event or passion may be unnatural or not dramatic, however intimately connected with the interest, a whole life or reign cannot. Accordingly, we very often find a great degree of the actual interest of these productions depending on some character or event which is episodical and subsidiary. A ready answer to this, of course, is that the simplicity and unity of the action are destroyed, but without discussing the hard doctrine of the unities, it is certainly enough for us that art be as unique as nature itself. The order of events is not thus in reality. One great and important circumstance is not prepared, foreseen and produced by a thousand others acting in as regular and direct concert as the balance wheels of an engine, but passions and agents conflict, events of various degrees of importance occur and vary and modify the expected transactions of the time. And, although the attention must not be distracted by this variety, it would seem that the simplicity of an action is 1821.] Lord Byrons Tragedy. ~31 carried too far when it becomes unnaturally distinct and naked. The other objection we find to the plot, and which we will dismiss as soon as possible, is the means of its discovery. The motive of Bertram to betray the conspirators, personal gratitude to a young nobleman, is not, it appears, displayed with sufficient distinctness, and we think the scene of the disclosure not eminently successful. This, it should seem, should be a portion of the action, of vast interest. We have traced a powerful conspiracy against the state, boldly con- ceived, prudently conducted and long matured. As it were to insure its success, the chief of the republic with his family and retainers unites himself with it, and we witness the final council which is to be followed in a few hours by the fatal execution. It is natural to expect that the means by which all this is arrested should bear some relation, in point of dra~- matic effect, to the peril averted. For although the change of feeling in any individual must of course be always ex- tremely disproportionate in importance to the danger of the state, abstractly considered, it became the duty of the poet to present in strong relief those personal motives which, at the time, have weighed more in the mind of the delator than hi~ reason or his oath. In the scene between Bertram and Lioni we think this is not done. It seems as if so much important business had crowded on the poet in the two last acts (to use the phrase of the theatre) that he was forced to slur it. In this scene a gay young nobleman returns right weary from a revel, and after a soliloquy most beautiful indeed and per- fectly in character, observing aloud the calm beauty of the night, and contrasting it with the scene he had left, lie is visited by a plebeian, a leader of the conspiracy, who comes to warn him to remain within during its execution. The character of this Bertram, as displayed in the third act and the tone of raillery with which he is at first treated by Lioni, render this part of the tragedy, in our opinion, far less im- pressive than was demanded. For the reasons we have given we pass the scene following the declaration of the partial sentence. The torrent of angry reproach uttered by the prince against the nobles, mixed with a sentiment like remorse for having served them so long, is wonderfully impressive. The interview between the Doge and Angiolina, of which the following is the close, is, in our opinion, beautifully written. 232 Lord Byrons Tragedy. [July, .Ilngiolina.My lord, I lookd but to my fathers wishes% Hallowd by his last words, and to my heart For doing all its duties, and replying With faith to him with whom I was affianced. Ambitious hopes neer crossd my dreams; and should The hour you speak of come, it will be seen so. Doge.I do believe you; and I know you true: For love, romantic love, which in my youth I knew to be illusion, and neer saw Lasting, but often fatal, it had been No lure for me, in my most passionate days, And could not be so now, did such exist. But such respect, and mildly paid regard As a true feeling for your welfare, and A free compliance with all honest wishes; A kindness to your virtues, watchfulness iNot shown, but shadowing oer such little failings As youth is apt in, so as not to check Rashly, but win you from them ere you knew You had been w6n, but thought the change your choice; A pride not in your beauty, but your conduct,~. A trust in youa patriarchal love, And not a doting homagefriendship, faith~ Such estimation in your eyes as these Might claim, I hoped for~ .dngiolina.And have ever had. Do~e..I think so. For the difference in your years You knew it, choosing me, and chose: I trusted Not to my qualities, nor would have faith In such, nor ornaments of nature Were I still in my five and twentieth spring; I trusted to the blood of Loredano Pure in your veins; I trusted to the soul God gave youto the truths your father taught you To your belief in heavento your mild virtues. To your own faith and honor, for my own. .fhz~iolina.You have done well.I thank you for that trust, Which I have never for one moment ceased To honor you the more for. Doge.Where is honor, Innate and precept-strengthend tis the rock Of faith connubial; where it is notwhere Light thoughts are lurking, or the vanities Of worldly pleasure rankle in the heart, Or sensual throbs convulse it, well I know Twere hopeless for humanity to dream 1821.] Lord Byrons Tragedy. 23~3 Of honesty in such infected blood, Although twere wed to him it covets most: An incarnation of the poets god In all his marble-chiselld beauty, or The demi-deity, Alcides, in His majesty of superhuman manhood, Would not suffice to bind where virtue is not; It is consistency which forms and proves it: Vice cannot fix, and virtue cannot chano~e The once falln woman must forever faIl ; For vice must have variety, while virtue Stands like the sun, and all which rolls around Drinks life, and light, and glory from her aspect. ~ngiolina.And seeing, feeling thus this truth in others. (I pray you pardon me;) but wherefore yield you To the most fierce of fatal passions, and Disquiet your great thoughts with restless hate Of such a thing as Steno? Dage.~You mistake me. It is not Steno who could move me thus; Had it been so, he shouldbut let that pass. ./Ingiolina.What is tyou feel so deeply, then, even now? Doge..The violated majesty of Venice, At once insulted in her lord and laws. .Iinaiolina.~~Alas! why will you thus consider it? Doge..I have thought ont tillbut let me lead you back To what 1 urged; all these things being noted, I wedded you; the world then did me justice Upon the motive, and my conduct proved They did me right, while yours was all to praise: You had all freedomall respectall trust From me and mine; and, born of those who made Princes at home, and swept kings from their thrones On foreign shores, in all things you appeard Worthy to be our first of native dames. ./Ingiolina.To what does this conduct? Doge.~To thus muchthat A miscreants angry breath may blast it all-. A villain, whom for his unbridled bearing, Even in the midst of our great festival, I caused to be conducted forth, and taught How to demean himself in ducal chambers; A wretch like this may leave upon the wall The blighting venom of his sweltering heart, And this shall spread itself in ~ poison; And womans innocence, mans honor, pass New Series, No. 7. 30 234 Lord Bj,rons Tragedy. [July~ Into a by-word; and the doubly felon (Who first insulted virgin modesty By a gross affront to your attendant damsels Amidst the noblest of our dames in public) Requite himself for his most just expulsion By blackening publicly his sovereigns consort, And be absolved by his upright compeers. ~n~ioiina.But he has been condemnd into captivity. Do~e.For such as him a dungeon were acquittal; And his brief term of mock-arrest will pass Within a palace. But Ive done with him; The rest must be with you. .Llngiolina.With me, my lord? Doge.Yes, Angiolina. Do not marvel; I Have let this prey upon me till I feel My life cannot be long; and fain would have you Regard the injunctions you will find within This scroll (Giving her a paper).Fear not: they are for your advantage: Read them hereafter at the fitting hour. .Ingiolina.My lord, in life, and after life, you shall Be honord still by me: but may your days Be many yetand happier than thepresent! This passion will give way, and you will be Serene, and what you should be.-.-.what you were. Doge.I will be what I should be, or be nothing; But never moreoh! never, never more, Oer the few days or hours which yet aivait The blighted old age of Faliero, shall Sweet Quiet shed her sunset! Never more Those summer shadows rising from the past Of a not ill-spent nor inglorious life, Mellowing the last hours as the night approaches, Shall soothe me to my moment of long rest. I had but little more to ask, or hope, Save the regards due to the blood and sweat, And the souls labor through which I had toild To make my country honord. As her servant Her servant, though her chiefI would have gone Down to my fathers with a name serene And pure as theirs; but this has been denied me. Would I had died at Zara! .Ilngiolina..There you saved The state; then live to save her still. A day, Another day like that would be the best Reproof tQ them, and sole revenge for you. 1821.1 Lord Byrons Tragedy. Doge.But one such day occurs within an age; My life is little less than one, and tis Enough for Fortune to have granted once, That which scarce one more favord citizen May win in many states and years. But why Thus speak I? Venice has forgot that day. Then why should I remember it ?Farewell, Sweet Angiolina! I must to my cabinet; Theres much for me to do.and the hour hastens. fingiolina.Remember what you were. Doge..It were in vain! Joys recollection is no longer joy, While Sorrows memory is a sorrow still. .Ilngiolina...At least, whateer may urge; let me implor~ That you will take some little pause of rest: Your sleep for many nights has been so turbid, That it had been relief to have awaked you, Had [not hoped that Nature would oerpower At length the thoughts which shook your slumbers thus. An hour of rest will give you to your toils With fitter thoughts and freshend strength. Doge.I cannot. I must not, if I could; for never was Such reason to be watchful: yet a few. Yet a few days and dream-perturbed nights, And I shall slumber well.but where ?no matter. Adieu, my Angiolina. angiolina..Let me be An instant..yet an instant your companion; I cannot bear to leave you thus. Doge.Come then, My gentle childforgive me; thou wert made For better fortunes than to share in mine, Now darkling in their close toward the deep vale Where Death sits robed in his all-sweeping shadow. When I am goneit may be sooner than Even these years warrant, for there is that stirring Withinabovearound, that in this city Will make the cemeteries populous As eer they were by pestilence or war, When I am nothing, let that which I was Be still sometimes a name on thy sweet lips, A shadow in thy fancy, of a thing Which would not have thee mourn it, but remember ; Let us begone, my childthe time is pressing. [Exeunt. 235 236 Lord Byrons Tragedy. [July, After parting from Angiolina, the Doge repairs to the place of meeting, near the church where his ancestors are buried. The thoughts suggested to him by the hour of night, the re- membrance of the characters of his ancestry, and the reflec- tion on his present purpose, are surprisingly natural. He is then introduced to the meeting of the conspirators. The fol- lowing is part of the passage alluded to above in the close of the third act. Doge.Ye, though ye know and feel our mutual mass Of many wrongs, even ye are ignorant What fatal poison to the springs of life, To human ties, and all thats good and dear, Lurks in the present institutes of Venice: All these men were my friends; I loved them, they Requited honorably my regard: We served and fought; we smiled and wept in concert; We revelld or we sorrowd side by side; We made alliances of blood and marriage; We grew in years and honors fairly, till Their own desire, not my ambition, made Them choose me for their prince, and then farewell! Farewell all social memory! all thoughts In common! and sweet bonds which link old friendships, When the survivors of long years and actions, Which now belong to history, sooth the days Which yet remain by treasuring each other, And never meet, but each beholds the mirror Of half a century on his brothers brow, And sees a hundred beings, now in earth, Flit round them whispering of the days gone by, And seeming not all dead, as long as two Of the brave, joyous, reckless, glorious band, Which once were one and many, still retain A breath to sigh for them, a tongue to speak Of deeds that else were silent, save on marble Oime .Oiine! and must 1 (10 this deed? Israel Bertuccio.My lord, you are much moved: it is not now That such things must be dwelt upon. Doge..Your patience A momentI recede not: mark with me The gloomy vices of this government. From the hour that made me Doge, the Doge THEY made mep Farewell the past! I died to all that had been, Or rather they to me: no friends, no kindness, 1821.1 Lord Byrons Tragedy. 2J7 No privacy of lifeall were cut off: They caine not near me, such approach gave umbrage; They could not love me, such was not the law; They thwarted me, twas the states policy; They baffled me, twas a patricians duty; They wrongd me, for such was to right the state; They could not right me, that would give suspicion; So that I was a slave to my own subjects; So that I was a foe to my own friends; Begirt with spies for guardswith robes for power With pomp for freedorngaolers for a council Inquisitors for friendsand hell for life! I had one only fount of quiet left, And that they poisond! My pure household gods Were shiverd on my hearth, and oer their shrine Sat grinning ribaldry and sneering scorn. * * * * * Doge.Bear with me! Step by step, and blow on blow, I will divide with you; think not I waver: Ah! no; it is the certainty of all Which I must do doth make me tremble thus. But let these last and lingering thoughts have way, To which you only and the Night are conscious, And both regardless; when the hour arrives, Tis mine to sound the knell, and strike the blow, Which shall unpeople many palaces, And hew the highest genealogic trees Down to the earth, strewd with their bleeding fruit, And crush their blossoms into barrenness: This will Imust Ihave I sworn to do, Nor aught can turn me from my destiny; But still I quiver to behold what I Must be, and think what I have been! Bear with me. Israel Bertuccio.Re-man your breast; I feel no such re~ morse, I understand it not: why should you change? You acted, and you act on your free will, Doge.Ay, there it isyou feel not, nor do I, Else I should stab thee on the spot, to save A thousand lives, and, killing, do no murder; You feel notyou go to this butcher-work As if these high-born men were steers for shambles! When all is over, youll be free and merry, And calmly wash those hands incarnadine; But I, outgoing thee and all thy fellows In this surprising massacre, shall be, 233 Lord Byrons Tragedy. [July, Shall see, and feeloh God! oh God! tis true, And thou dost well to answer that it was My own free will and act, and yet you err, For I will do this ! Doubt notfear not; I Will be your most unmerciful accomplice; And yet I act no more on my free will, Nor my own feelings both compel me back; But there is hell within me and around, And like the demon who believes and trembles Must I abhor and do. Away! away! Get thee unto thy fellows, I will hie me To gather the retainers of our house. Doubt not, Saint Marks great bell shall wake all Venice, Except her slaughterd senate: ere the sun Be broad upon the Adriatic, there Shall be a voice of weeping, which shall drown The roar of waters in the cry of blood! I am resolved.come on. The next act opens with the scene between Bertram and Lioni already described, and closes with the arrest of Faliero and the dispersion of the conspirators. The last comprises the trial and execution, first of the leaders of the conspiracy and afterwards of the Doge. The duchess is present during Falieros trial, and utters an affecting appeal to the council. The following is the concluding apostrophe of the Doge. Doge...I speak to Time and to Eternity, Of which I grow a portion, not to man. Ye elements! in which to be resolved I hasten, let my voice be as a spirit Upon you! Ye blue waves? which bore my banner, Ye winds! which fiutterd oer as if you loved it, And filld my swelling sails as they were wafted To many a triumph! Thou, my native earth, Which I have bled for, and thou foreign earth, Which drank this willing blood from many a wound! Ye stones, in which my gore will not sink, but Reek up to Heaven! Ye skies, which will receive it! Thou sun! which shinest on these things, and Thou! Who kindlest and who quenchest suns IAttest! I am not innocentbut are these guiltless? I perish, but not unavenged; for ages Float up from the abyss of time to be, And show these eyes, before they close, the doom Of this proud city, and I leave my curse 1821.] Lord Byrons Tragedy. 239 On her and hers for ever !~ Yes, the hours Are silently engendering of the day, When she, who built gainst Attila a bulwark, Shall yield, and bloodlessly and basely yield Unto a bastard Attila, without Shedding so much blood in her last defence As these old veins, oft draind in shielding her, Shall pour in sacrifice.She shall be bought And sold, and be an appanage to those Who shall despise her !.She shall stoop to be A province for an empire, petty town In lieu of capital, with slaves for senates, Beggars for nables, panders for a people! Then when the Hebrew s in thy palaces, The Hun in thy high places, and the Greek Walks oer thy mart, and smiles on it for his! When thy patricians beg their bitter bread In narrow streets, and in their shameful need Make their nobility a plea for pity! Then, when the few who still retain a wreck Of their great fathers heritage shall fawn Round a barbarian Vice of Kings Vice-gerent, Even in the palace where they swayd as sovereigns, Even in the palace where they slew their sovereign, Proud of some name they have disgraced, or sprung From an adultress boastful of her guilt With some large gondolier or foreign soldier, Shall bear about their bastardy in triumph To the third spurious generation ;when Thy sons are in the lowest scale of being, Slaves turnd oer to the vanquishd by the victors, Despised by cowards for greater cowardice, And scornd even by the vicious for such vices As in the monstrous grasp of their conception Defy all codes to image or to name them; Then, when of Cyprus, now thy subject kingdom, All thine inheritance shall be her shame Entaild on thy less virtuous daughters, grown A wider proverb for worse prostitution ; When all the ills of conquerd states shall cling thee, Vice without splendor, sin without relief Even from the gloss of love to smooth it oer, But in its stead coarse lusts of habitude, Prurient yet passionless, cold studied lewdness, Depraving natures frailty to an art ; When these and more are heavy on thee, when 240 Lord Byrons Tragedy. [July, Smiles without mirth, and pastimes without pleasure, Youth without honor, age without respect, Meanness and weakness, and a sense of wo Gainst which thou wilt not strive, and darst not murmur, Have made thee last and worst of peopled deserts, Then, in the last gasp of thine agony, Amidst thy many murders, think of mine! Thou den of drunkards with the blood of princes! Gehenna of the waters! thou sea Sodom! Thus I devote thee to the infernal gods! The and thy serpent seed! [Here the Doge turns, and addresses the executioner.] Slave, do thine office! Strike as I struck the foe! Strike as I would Have struck those tyrants! Strike deep as my curse! Strikeand but once! [The Doge throws himse~f upon his knees, and as the exe- cutioner raises his sword the scene closes.] We do not know if Lord Byron believes like Cowper, that it is necessary to introduce harsh and prosaic lines to relieve the monotony of blank verse, but many of them are certainly to be found. It is strange that Cowper should have taken up the idea* that it was necessary to attempt to be harsh and un- musical. With a language formed on the originals that ours is, it is not, at any rate, a very difficult task to relieve the monotony of too great sweetness by irregular lines, but on the contrary, we are confident a sufficient relief to the harmony of any poets language will be found in the nature of the northern dialects, without looking far or long for harsh consonants and unmusical accents. This system of neglect of quantity and arrangement seems to be carried a little too far. There can be no question that the poetry of Pope, for instance, when flow- ing with constant regularity, and the cesura falling in the same place in every line with undeviating certainty, which regularity he evidently bestows as the last merit on the pas- sages intended to be most impassioned, is unfavorable to the complete expression of strong emotion. Uniformity in all works of art, confers the pleasure of exciting the idea of the triumph of art, and in pure description or enumeration, this regularity may also be agreeable from the impression of order and distinctness it cannot but give: Preface to Cowpers Homer. 1821.] Lord Byrons Tragedy. 241 Warms in the sun f refreshes in the breeze, Glows in the stars and blossoms in the trees, Lives through all life extends through all extent, Spreads undivided, J operates unspent. The antithesis and enumeration expressed in these lines, render the plain and strong division of the c~esura rather pleas~~ ant than otherwise. Can the reader, however, conceive of passages like the following, from Childe Harold, being set off into regularly recurring metrical periods of this kind, without losing all their sublimity? Arches on arches f as it were that Rome, Collecting all the trophies J of her line, Would build up all her triumphs in one dome, Her Coliseum stands. Here one can hardly mark the place for the ca~sura, partien-. larly in the second line, where any pause seems unnecessary. After all this, however, the modern poets, in seeking the reverse of wrong, have in many instances fallen~ into a style far more unpleasant than the regularity of Pope, since it is equally unnatural and more negligent. Who could believe, for instanee, that the following lines were measure and rhyme and still more were Moores, whose songs so often rob the Hybla bees, and leave them honeyless? Then I sing the wild song, which once twas rapture to hear, when our voices, both mingling, breathed like one on the ear; and as echo far off through the valley my sad orison rolls, I think, oh my love, tis thy voice from the kingdom of souls faintly answering still the notes that once were so dear.* Lord Byron has carried that disregard of scrupulous regu- larity, which, xvhen restrained by rhyme, was so successful and sublime in Childe Harold, much too far in the blank verse of this poem. The lines oonstantly terminate with an unaccented and unimportant monosyllable, producing the most prosaic effect: Is doomd to expiate his rash insult with But if his insults sink no deeper in & c. Irish Melodies. We believe it is in the preface to the National Airs that Moore professes to sacrifice metre and even sense to his wild music. Without entrenching at all on the province of the composer, we may express our surprise that any air can be more beautiful, because the words which are sung in it ~re nonsense. New Series, No. 7. 31 242 L,prd Byrons Tragedy. [July, The frequent recurrence of lines like these and the follow- ing is unpleasant: I can see no one not even a patrician. By the reference of the Avogadori. Against the Genoese, which is still maintained. As well had there been time to have got together. The poet is not sparing of colloquial familiarities. The following sounds like tl~e subscription to a letter of civility: imploring you In all things to rely upon my duty As doth become your near and faithful kinsman, And not less loyal citizen and subject. Exit. And however impatient the prince might have been, we venture to say, if he had spoken English, he would not have said, From me fear nothing: out with it. We are not sure, on the whole, that the method of the Eng- lish dramatists, of uniting prose and poetry in the same per- formance, is not necessary to avoid the unfavorable effect produced, either by reciting indifferent and low circumstances in lofty language, or introducing poetry of a level with them- selves. As to destroying the unity of the composition, not to speak of the example of the great teachers of unity, we hardly know how the passage above, and many others, can lay claim to the name of poetry but from the number of syllables, and nothing indeed could be more ludicrous than the attempt to add the dignity of poetry to such circumstances as an indif- ferent and formal ceremony of parting. In the preface to this tragedy, Lord Byron gives the Mys- terious Mother the praise of being a Roman performance, in that it is not a pulrng love-play. We have already alluded to the unaccountable prejudice on this subject, and were it wholly past, however it might be a subject of wonder, it could hardly call for animadversion. Yet, even now it is thought an hazardous enterprise to undertake a play without at least attach- ing a love-plot to it, and though the author of Waverly (as be chooses to be called) has done much, romance is still claimed exclusively by this species of interest. We, of course, can- not bestow either the epithets or the sentiment of Lord Byron 1821.] Lord Byroi~s Tragedy. 243 on many beautiful performances; yet it would seem from the-. ory and appears from the effect, that instead of claiming the exclusive interest of scenic compositions, this passion should have been contented with a subordinate influence on the pub-. lic stage. The most important effects on our happiness, produced by the social affections, are undoubtedly those, which retire to the solitude of domestic content or disappoint- ment. It is not easy to suppose any thing less adapted for the exaggeration of dramatic effect than either. The repose and peace of the one, and the peculiar associations attached to suffering in the other, would seem to be least of all the natural subjects of the free exposure of the theatre. The stage is the only perfect criterion of dramatic performances, and let it be supported with the greatest purity and talent pos- sible, one need only bring the question to this test to have it answered. The best acting, supported by the most willing sympathy of the spectators, can hardly support the love-scenes of any tragedy, and the moment we destroy the effect pro- duced by the associations of delight in the poetry which we enjoy from having read the performance, this tediousness is converted into disgust. Not the Venus when in the dress and with the attributes of Alecto, as she was sometimes painted, seems less attractive than a dramatic heroine, whose senti- ments and character are distorted and exaggerated to the proper stage effect. Accordingly, we find that this interest is seldom long employed successfully, but when in connexion or opposition to the more distinct and obvious motives and pas- sions. Juliet has seen her lover but a few hours when his approaching fate from his public crime stamps his counte- nance, in her eyes, with the impress of the tomb, and Belvi- dera is first introduced as the pledge of her husbands fidelity to his treason against the republic. With the ancients this is even more extensively true than with us, and the political re- volutions or religious destiny of the dramas persons sternly overrule the conflicts of the social passions. Much of this is to be attributed to their habits of private society, as to the reserve imposed on the female sex, which gives the effect of the irresolution of Hamlet to the timidity of Electra. It seems, however, if the unity and simplicity of the drama, which Lord Byron justly values so highly, are to be restored to the sever- ity of the Grecian model, there cannot be a more obvious step than to bestow on the public and domestic passions their ap Lord Byrons Tragedy. 244 [July, propriate influence. It is something to provide with scrupu- lous accuracy that no time be left to be employed by the imagination, that the dramas persons are carefully brought on every different enterprise to the same hall, and that the atten- tion is never distracted by any variety of action; but it is more necessary to unity that the sentiments and habits of different characters should he observed, and that not be publicly exhib- ited, which if it escaped from the inmost recesses of solitude in actual life would be phrensy or folly. This is perhaps illustrated in the Berenice, in the preface to which Racine declares, that though he can meet all objections to the action, still that on which he most congratulates himself is the reflec- tion, that he has attained that simplicity which was so much to the taste of the ancients. When united or opposed to the sources of dramatic interest, we all know how powerful is the attraction of love in the dra- ma. Yet this will not explain and cannot justify the theory of its relative importance, as a source of theatrical effect, which in the drama of one people has enshrined it as the sole muse of the stage, and in that of their national rival has demanded its presence, as invariably necessary to poetical effect. It would have seemed as if those who held this theory had never heard of conquests or kingdoms, of the desolation of countries and the revolutions of empires, the waves of the mighty tide, which sweeps on kings, consuls, and Ca~sars to their fate. They could not have reflected on the causes and events of such changes, their influence on the character of the agents, the conflicts of public and private duty, the struggles of men- tal freedom and chivalric suhmission, which have enslaved or emancipated nations. Those who denied tragedy to be adapt- ed but to one passion must have been reckless spectators indeed of the mighty tragedies on the theatre of empires. it would seem that they could not have witnessed one age build- ing up all the treasures of commerce and the refinements of art, and the next opening the gates of the North to a merciless and resistless invasion. They could not have gazed on the portentous veil which covers the destiny of the world, some- times lifted for a moment to disclose the agents and engines of approaching convulsion, and then dropped till the moment of desolation arrives. When such a theory is adopted we reject as unpoetical the glorious actions of all who have fought the great contest of improvement, against powerful vice and 1821] Lord Byrons Tragedy. 245 enthroned ignorance, against the gigantic resources of whole empires wielded by the venal band Who are to judge of danger which they fear, And honor which they do not understand. It is well for us in this country that we have no such fixed associations on this subject to combat, and that with whatever effect the pas~ion of love may be emplQyed by an American poet, he need not fear, from any prejudices of theory to attempt the success of appealing to the sympathy felt by the human breast in the great actions of those, who have improved or defended society. Before closing this article we would make an extract some- what amusing from the preface to the tragedy. It is now four years, that I have meditated this work; and before I had sufficiently examined the records, I was rather dis- posed to have made it turn on a jealousy in Faliero. But per- ceiving no foundation for this in historical truth, and aware that jealousy is an exhausted passion in the drama, I have given it a more historical form. I was besides well advised by the late Matthew Lewis, on that point, in talking with him of my inten- tion, at Venice in 1817. If you make him jealous, said he, recollect that you have to contend with established writers, to say nothing of Shakspeare, and an exhausted subject; stick to the old fiery doges natural character, which will bear you out, if pro- perly drawn; and make the plot as regular as you can. Sir William Drun~n~ond gave me nearly the same council. How far I have followed these instructions, or whether they have availed me, is not for me to decide. I have had no view to the stage; in its present state it is, perhaps, not a very exalted object of ambi- tion; besides, I have been too much behind the scenes to have thought it so at any time. And I cannot conceive any man of irri- table feeling ptttting himself at the mercies of an audience; the sneering reader and the loud critic, and the tart review are scat- tered and distant calamities; but the trampling of an intelligent or of an ignorant audience on a production, which, be it good or bad, has been a mental labor to the writer, is a plpable and immediate orievance, heightened by a mans doubt of their competency to judge and his certainty of his own imprudence in electing them his judges. Were I capable of writing a play which could be deemed stage-worthy, success xvould give me no pleasure, and failure great pain. It is for this reason that even during the time of being on~ of the committee of one ot~ the theatre:, I never made 246 Lord Byrot~s Tragedy. [July, the attempt, and never will.~ But surely there is dramatic power somewhere, where Joanna Baillie, and M ilman, and John Wilson exist. The City of the Plague, and the Fall of Jerusalem, are full of the best mater-jet for tragedy that has been seen since Horace Walpole, except passages of Ethwald and de Montfort. It is the fashion to underrate Horace~ Walpole; firstly, because he was a nobleman, and secondly, because he was a gentleman; but to Aay nothing of the composition of his incomparable letters, and of the Castle of Otranto, he is the ultimus Romanorum, the author of the Mysterious Mother, a tragedy of the highest order, and not a puling love-play. He is the father of the first romance, and of the last tragedy in our language, and surely worthy of a higher place, than any living writer, be he who he may. While I was in the sub-committee of Drury Lane theatre, I can vouch for my colleagues, and I hope for myself, that we did our best to bring back the legitimate drama. I tried what I could to get De Montfort revived, but in vain; and equally in vain in favor of Sothebys Ivan, which was thought an acting play; and I endeavored also to wake Mr Coleridge to write a tragedy. Those, who are not in the secret, will hardly believe that the School for Scandal is the play, which has brought least money, averaging the number of times it has been acted, since its production; so manager Dibdin assured me. Of what has occurred since Maturins Ber- tram, I am not aware; so that I may be traducing, through ignorance, some excellent new writers; if so, I beg their pardon. I have been absent from England nearly five years, and, till last year, I never read an Eng. lish newspaper since my departure, and am now only a*are of theatrical matters, through the medium of the Parisian Gazette of Galigniani [an English newspaper printed in Paris] and only for the last twelve months. Let me then deprecate all offence to tragic and comic writers, to whom I wish well, and of whom I know nothing. The long complaints of the actual state of the drama arise, however, from no fault of the performers. I can conceive nothing better than Kemble, Cook, and Kean, in their very different manners, or than Elliston in gentlemans comedy, and some parts of tragedy. Miss ONeil I never saw, having made and kept a determina- tion to see nothing, which should divide or disturb my recollection of Siddons; Siddons and Kemble were the ideal of tragic action; I never saw any thing at all resembling them even in person; for this reason, we shall never see again Coriolanus or Macbeth. When Kean is blamed for want of dignity, we should remember that it is a grace and not an art, and not to be attained by study. In all not supernatural parts, he is perfect; even his very defects belong, or seem to belong, to the parts themselves, and appear truer to nature. But of Kemble we may say, with reference to his acting, what the cardinal de Retz said of the Marquis of Montrose, that he was the only man he ever saw, who remInded him of the heroes of Plutarch.- 1821.1 Sillimans Journal of Science and the ./2rts. 24~/ ART. XILThe .~1mericart Journal of Science and ~/1rts, conducted by Professor Silliman. WE should think ourselves much to blame, did we allow any vague notion of the delicacy to be observed by periodical works in noticing each other, to prevent our asking the atten- tion of the American public to Mr Sillimans Journal of Sci- ence and the Arts. There is no occasion to enter critically into a survey of its contents, nor does the scientific public among us stand in need of our testimony to its respectability. But as a work, which does honor to American science, and as a vehicle of imparting to the world the scientific specula. tions and discoveries of our countrymen which is held in honorable esteem by the philosophers of Europe, we cannot but express the hope, that this journal will attract a greater patronage than our community has hitherto done itself the credit of bestowing upon it. We should find it hard to name a literary enterprise in America more likely to be an in- strument of raising the reputation of our country abroad, in those departments to which it is devoted. There ought to be, moreover, and we doubt not there is, a class of readers large enough in the United States, who are sufficiently versed in philosophical studies to find pleasure and instruction in the pages of such a journal. And if its plan and objects prevent it from assuming that popular form, which would recommend it to wider favor with the miscellaneous class of readers, we would still beg leave to commend to the consideration of those of them who feel an interest in the intellectual character of our country the strong claims on their patronage of a work of this kind, and the sort of duty which, in our judgment, devolves on all who have the ability, to promote the success of a publication like this, the rather for the abstract and sci- entific character which a portion of its contents must neces- sarily assume and which costs it a share of popularity. We should augur ill for the cause of elevated studies among us, if nothing can succeed with our reading community but mis- cellaneous, desultory literature, studiously fashioned to the taste of the day. At the same time, we would not be thought to intimate, that the Journal of Science is of an arid and repulsive cast; but judging from the numbers published, we can venture to promise our readers much information from its pages on various topics with which no well educated man, of

Silliman's Journal of Science and the Arts 247-250

1821.1 Sillimans Journal of Science and the ./2rts. 24~/ ART. XILThe .~1mericart Journal of Science and ~/1rts, conducted by Professor Silliman. WE should think ourselves much to blame, did we allow any vague notion of the delicacy to be observed by periodical works in noticing each other, to prevent our asking the atten- tion of the American public to Mr Sillimans Journal of Sci- ence and the Arts. There is no occasion to enter critically into a survey of its contents, nor does the scientific public among us stand in need of our testimony to its respectability. But as a work, which does honor to American science, and as a vehicle of imparting to the world the scientific specula. tions and discoveries of our countrymen which is held in honorable esteem by the philosophers of Europe, we cannot but express the hope, that this journal will attract a greater patronage than our community has hitherto done itself the credit of bestowing upon it. We should find it hard to name a literary enterprise in America more likely to be an in- strument of raising the reputation of our country abroad, in those departments to which it is devoted. There ought to be, moreover, and we doubt not there is, a class of readers large enough in the United States, who are sufficiently versed in philosophical studies to find pleasure and instruction in the pages of such a journal. And if its plan and objects prevent it from assuming that popular form, which would recommend it to wider favor with the miscellaneous class of readers, we would still beg leave to commend to the consideration of those of them who feel an interest in the intellectual character of our country the strong claims on their patronage of a work of this kind, and the sort of duty which, in our judgment, devolves on all who have the ability, to promote the success of a publication like this, the rather for the abstract and sci- entific character which a portion of its contents must neces- sarily assume and which costs it a share of popularity. We should augur ill for the cause of elevated studies among us, if nothing can succeed with our reading community but mis- cellaneous, desultory literature, studiously fashioned to the taste of the day. At the same time, we would not be thought to intimate, that the Journal of Science is of an arid and repulsive cast; but judging from the numbers published, we can venture to promise our readers much information from its pages on various topics with which no well educated man, of 248 Sillimans Journal of Science and the ~1rts. [July, any profession or taste, can advantageously remain unac- quainted. We beg leave to extract from the last number of this journal the preface to the third volume, which will assist our readers in judging to what degree it is desirable, that an increased patronage should be extended to this work. The third volume of this work being now completed, all concerned in its success will naturally wish some account of its situation and prospects. The experiment of an original Ameri- can Journal of Science is novel, and it is but reasonable to allow sufficient timeto the community to become informed as to the nature of the enterprise before we can expect them to feel inter- ested in its prosperity. The question whether it is to. be sup- ported by adequate pecuniary remuneration, is not one which can be hastily decided. It must require several years from the coin- mencement of the work, and the editor, (if God continues his life and health,) will endeavour to prove himself neither impatient nor querulous, during the time that his countrymen hold the ~juestion undecided, whether there shall be an ~drnerican Journal oi~ Science and 4rts. Another person may conduct it better, and to such an one, the task would be, without hesitation, resigned. But it is due to our numerous and highly respectable band of contributors to say, that no successor, however meritorious, can hope to be better supported. That the Journal is appreciated abroad, in a manner gratifying to its friends, is sufficiently evinced by the numerous extracts from it in the periodical scien- tific works of Europe, by the readiness to exchange, evinced by the Editors of foreign Journals, and by letters on the subject, addressed to the editor of the American Journal, from scientific and literary men abroad. Among them are the names of the late Dr John Murray of Edinburob of D Regius-Professor of , r Thomas Thomson, now Chemistry & c. in the University of Glas- gow, of Mr Tilloch of London, editor of the Philosophical Magazine, of Mr Julien, editor of the Revue Encyclop~dique, and of Mr IBrongniart, both of Paris; of Professor Germar and Sweigger of the University of Halle in Germany, and of Profes- sor Berzelius of Stockholm. From one of these private commu- nications, we shall presume so far on the indulgence of the author, and of the public, as to cite a single paragraph.* Dr Thomson, speaking of the first five numbers of the Ameri- can Journal, (which were all that he had then seen) says; I hail it as a commencement of American scientific periodical works, and have no doubt from the valuable matter which you have already One other passage is selected from Mr Broagniarts letter. LSee p~ 218 of this Vol.] 1821.] Sillimans Journal of Science and the .,lrts. 249 presented us with, that America ~vill rival the most scientific countries in the old world. The citingof this passage would be inconsistent with decorum, were not the commendation of this illustrious author, and teacher, and editor, chiefly the property of our contributors, and but in a small degree our own. The cele- brated Professor Ferrara of the University of Palermo in the Island of Sicily, speaking on the subject of American Science, said recently to a friend of the editor, that he did not doubt that the Sciences and Arts would, before long, pass to America in their highest perfection, and that we should ere long succeed to Asia and Europe, in the literary empire of the world. But, on the other hand, we are now bound in justice to the interests of American Science, not to withhold from its patrons the fact, that the two first volumes of this Journal have been, thus far, in a pecuniary view, losing concerns. The proprietors of the first volume have not yet received back the money which they have expendednor is the editor yet repaid, simply for the paper, printing and engraving of the second volume, and that upon the supposition that all the money is collected from the contractors for quantities. But it is some relief to add, that the patronage, during the past year, has been gradually, but on the whole regularly, increasing, and, as it now stands will probably just about cover the expense of the materials and mechanical labor of the the third volume. Nothing has ever been paid for contributions to the pages of the work; to the honor of our scientific friends, they have contrib- uted their gratuitous labors with cheerfulness and perseverance, and the scientific public, both at home and abroad, have already decided favorably on their productiotis. With this simple statement of facts, we now dismiss the sub- ject, after expressing our determination, notwithstanding all discourageinents, to proceed, cheerfully, and with good courage, in our labor, contented also to relinquish it whenever others will more faithfully and successfully perform it, or our country shall have clearly decided that it does not approve, or will not support our undertaking. .Miay, 1821. .New Series, .JVo. 7. 32 QUARTERLY LIST OF NEW PUBLICATiONS. .Bgri culture. Address to the Farmers of the United States, on the ruinous consequences to their vital interests of the existing policy of this country. By M. Carey. 8vo, pp. 84. Philadelphia. The Farmers and Planters Friend. Svo. Philadelphia. Massachusetts Agricultural Repository and Journal, No. 4, Vol. vi. Memoirs of the Board of Agriculture of the State of New York. Published by authority. Vol. 1st, 8vo. Albany. Botany. Specimen Flor~e America~ Septentrionalis CryptogamicEe ~t L. D. De Schweiniz D. P. Raleigh, N. C. Geography. Sketches, Historical and Topographical, of the Floridas; more particularly of East Florida. By James Grant Forbes. N. York. Memoir on the geography, and natural and civil history of Florida, attended by a map of that country, & c. By William Darby. Philadelphia. Grammar. A Hebrew Grammar with a copious Syntax and Praxis. By M. Stuart. Andover. History. A discourse on the early history of Pennsylvania. By P. 5. Dii Ponceau. Philadelphia. An Anniversary Discourse, delivered before the New York Histoiical Society, December 7, 1818. By G. C. Verplanck, Esq. Second edition. 8vo, pp. 100. New York. An Historical Sketch of the Convention of the Congregational Ministers in Massachusetts; with an account of its funds; its connexion with the Massachusetts Congregational Charitable So- ciety; and its rules and regulations. Svo, pp. 32. Cambridge. Law. Reports of Cases argued and determined in the Supreme Judi- cial Court of the Commonwealth of Massachusetts. Vol. XVJ. Commencing with the Eastern Circuit 1819, and ending with Oc- tober Term 1820, in Norfolk. By Dudley Atkins Tyng, Esq. Counsellor at Law. 8vo. Cambridge.

List of New Publications 250-254

QUARTERLY LIST OF NEW PUBLICATiONS. .Bgri culture. Address to the Farmers of the United States, on the ruinous consequences to their vital interests of the existing policy of this country. By M. Carey. 8vo, pp. 84. Philadelphia. The Farmers and Planters Friend. Svo. Philadelphia. Massachusetts Agricultural Repository and Journal, No. 4, Vol. vi. Memoirs of the Board of Agriculture of the State of New York. Published by authority. Vol. 1st, 8vo. Albany. Botany. Specimen Flor~e America~ Septentrionalis CryptogamicEe ~t L. D. De Schweiniz D. P. Raleigh, N. C. Geography. Sketches, Historical and Topographical, of the Floridas; more particularly of East Florida. By James Grant Forbes. N. York. Memoir on the geography, and natural and civil history of Florida, attended by a map of that country, & c. By William Darby. Philadelphia. Grammar. A Hebrew Grammar with a copious Syntax and Praxis. By M. Stuart. Andover. History. A discourse on the early history of Pennsylvania. By P. 5. Dii Ponceau. Philadelphia. An Anniversary Discourse, delivered before the New York Histoiical Society, December 7, 1818. By G. C. Verplanck, Esq. Second edition. 8vo, pp. 100. New York. An Historical Sketch of the Convention of the Congregational Ministers in Massachusetts; with an account of its funds; its connexion with the Massachusetts Congregational Charitable So- ciety; and its rules and regulations. Svo, pp. 32. Cambridge. Law. Reports of Cases argued and determined in the Supreme Judi- cial Court of the Commonwealth of Massachusetts. Vol. XVJ. Commencing with the Eastern Circuit 1819, and ending with Oc- tober Term 1820, in Norfolk. By Dudley Atkins Tyng, Esq. Counsellor at Law. 8vo. Cambridge. 1S21.] List of New Publicatia.ns. 251 A Vindication of the laws limiting the rate of interest on loans from the objections of Jeremy Bentham and the Edinburgh Reviewers. Richmond. Syllabus of a course of Lectures on Law, proposed to be deliv- ered in the University of Maryland. By David Hoffman. Baltimore. Medical. The PharmacopoAa of the United States of America, 1820. By the authority of the Medical Societies and Colleges. 8vo, pp. 272. Boston. Brief Sketch of the causes and treatment of diseases; ad- dressed to the people of the United States. By Samuel Thomp- son. lQmo. Boston. Account of the Yellow or Malignant Fever, as it occurred in the city of Philadelphia in 1820. By Samuel Jackson, M. D. Inaugural discourse on Medical Education. By Nathan Drake, M. D. President of the Medical College at Ohio. Cin- cinnati. .Miiscellaneous. An Address to William Tudor, Esq. author of Letters on the Eastern States, intended to prove the calumny and slander of his remarks on the Olive Branch. l2mo, pp. 67. Philadelphia. The Idle Man. Svo, pp. 57. New York. State Prisons and the Penitentiary System vindicated, with observations on managing and conducting these institutions; drawn principally from experience,also some particular remarks and documents relating to the Massachusetts State Prison. By an Officer of this establishment at Charlestown. Svo, pp. 63. Charlestown. Report upon Weights and Measures. By John Quincy Adams. Svo, pp. 245. Washington. The Noble Slaves; or the lives and adventures of two Lords and two Ladies, being a history of remarkable events. By Mrs Aubin. l8mo. Boston. The Hermit in Philadelphia. Second series. By Peter Atall4 Report of the civil and military engineer of the State of South Carolina, for the year 1819. Plans and progress of internal improvement in South Caro- lina, with observations on the advantages resulting therdromn to the Agricultural and Commercial interests of tL State. Report of the Board of Public XVorks to the legislature of South Carolina for the year 1820. Dissertations on the importance and best method of studying the original languages of the bible, by Jahn and others, tranlated from the originals, with notes. By M. Stuart. Andover. 252 List of Yew Publications. [July, Politics. The Republican; or a series of essays on the principles and politics of free states. By W. C. Jarvis. Pittsfield. Reports of Societies. Report of the Bible Society of Massachusetts, prepared for the anniversary of the Society, June 7th, 1821. Sixth Report of the Middlesex Bible Society. 8vo, pp. 16. Boston. Theology. Dispassionate Thoughts on the subjects and mode of Christian Baptism, in a series of letters addressed to the Rev. Mr . By Jacob Norton. Svo, pp. 76. Boston. Second and third Letters to the Rev. Samuel Miller, D. D. on his charges against Unitarians. l2mo, pp. 36. Baltimore. Sermon delivered before the Convention of the Con~regationa1 Ministers in Massachusetts at their annual meeting in Boston, May 30,1821. By Elijah Parish, D. D. Svo, pp. 20. Cambridge. A Pastoral Letter, addressed to the members of the Protestant Episcopal Church in the Eastern Diocess. By the Rt. Rev. A. V. Griswold, D. D. 8vo, pp. 68. Boston. Sundry Documents addressed to St Marys Congregation. 8vo, pp. 30. Philadelphia. Sermon delivered February 28, 1821, at the Installation of the Rev. Calvin Hitchcock, as pastor of the First Congregational Church and Society in Randolph. By Warren Fay, A. M. 8vo. pp. 32. Boston. Pastoral Letter of the Rt. Rev. Dr England, Roman Catholic Bishop of Charleston, to his flock in the States of North and South Carolina and Georgia. 8vo, p~ 12. Charleston. Sermon, delivered in Haverhill, December 22, 1820, being the second Centesimal Anniversary of the Landing of the New E ug- land Fathers. By Joshua Dodge, A. M. 8vo. Haverhill. Sermon, delivered before his Excellency John Brooks, his Honor William Phillips, the honorable Council, and the two Houses composing the Legislature of Massachusetts, on the Anniversary Election. By Henry Ware, D. B. 8vo. Boston. Sermon, delivered at the Ordination of the Rev. Asa Cummings to the pastoral care of the First Church in North Yarmouth. By William Allen, A. M. 8vo. Brunswick. Sermon, delivered at the Old South Church in Boston, at the Ordination of the Rev. Benjamin B. Wisner. By Leonard Woods, D. D. 8vo. Andover. Evils of Intemperance, a Sermon preached at Halloxvell, on the day of the annual Fast in Maine, April 12, 1821. By Elipha- let Gillet. 8vo. Hallowell. A Discourse, delivered at the Ordination of the Rev. Elijah 1821.] List of A%w Publications. 253 Demond, as pastor of the Church and Congregation in West Newbury. By Warren Fay, A. M. 8vo, pp. 81. Boston. Sermon, delivered before the Society for Promoting Christian Knowledge, at their annual meeting, May, 1821. By D. T. Kimball. Cambridge. Travels. Narrative Journal of Travels through the north-western regions of the United States, extending from Detroit, through the great chain of American Lakes, to the source of the Mississippi river, performed as a member of the expedition under Gov. Cass in the year 1820. By Henry Schoolcraft. Embellished with a Map and eight copper plate Engravings. 8vo, price S3. Albany, 1820. .Thierican Editions of English Works. Pure Religion recommended as the only way to happiness; or dangerous prevailing errors exposed, and gospel truths vindicat- ed; in a series of Dialogues. By Rev. J. Thornton. 1 8mo, pp. 250. Boston. The application of Christianity to the commercial and ordina- ry affairs of Life. By Thomas Chalmers. l2mo, pp. 216. Bos- ton. An Essay on the Evils of Popular Ignorance. By Juh\n Foster, First American edition, divided into chapters and sectuns with general heads. l2mo, pp. 300. Boston. A Mothers Journal during the last illness of her daughter, Sarah Chisman, with a preface. By Jane Taylor. Boston. Works of Rev. Samuel Shaw, Minister of the Gospel in Lon- don. 2 vols. l2mo. Boston. Natural Theology, or ,a demonstration of the being and attri- butes of God, from his works of Creation, By William Enfield, M. A. 18mo. Hartford. The Antiquary, by the author of Waverly & c. 1 vol. 8vo, be- ing the third volume of Parkers uniform edition. Boston. Memoirs of the Court of Queen Elizabeth. By Lucy Aikin. 2 vols. 8vo, price S4. Boston. Marino Faliero, Doge of Venice. A tragedy in 5 acts. By Lord Byron. l8mo. New York. The Doctrine of Life for the New Jerusalem, from the com- mandments of the decalogue. Translanted from the Latin of Emanuel Swedenborg. Ori~inally published at Amsterdam in the year 1763. From the fift~ London edition. l8mo, pp. 125. boston. In the press. The Greek Grammar of P. Buttmann, translated from the German. By Prof. Everett. .N~ew Series, No. 7. 33 NOTE TO CORRESPONDENTS. Communications on the Course of Mathematics for the Univer- sity at Cambridge; on Schoolerafts Journal; on the Proceedings of the Legislature of Maryland relative to the appropriation of public lands for the purposes of education; and the Vindication of the laws limiting the rate of interest on loans, from the objec- tions of Jeremy Bentham and the Edinburgh Reviewers, have been necessarily omitted in this number of the North American Review. ERRATA IN THIS NUMnER. Page 136, line 8 from thn bottom, for Messrs Murray, Draper & Co. read Messrs Murray, Fairman & Co. Page 130, line 6 from the bottom, for agatnous read cryptogamous. ERRATA IN THE LAST NUMBER. Page 402 line 11 for unthinking read unshrinking. 404 6 reverend reverent. 405 in the middle; for rernemtirances read reme,nbranceru.

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The North American review. / Volume 13, Issue 33 North-American review and miscellaneous journal University of Northern Iowa Cedar Falls, Iowa, etc. October 1821 0013 033
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CONTENTS OF VOL. IV. NO. 1k ,Yew Series. ART. XIIL.Life and Writings of Sir Edward Coke. The first part of the Institutes of the Laws of England, ~r a Commentary upon Littleton, & c. By Sir Edward Coke. 255 ART. XIV..Small-Pox and Vaccination. 1. An account of the Varioloid Epidemic, which has lately pre- vailed in Edinburgh and other parts of Scotland; with obser- vations on the identity of Chicken-Pox with modified Small- Pox: in a letter to Sir James MGrigor, Director-General of the army medical department, & c. & c. By John Thomson, M. D. F. S. R. E. Surgeon to the Forces, & c. 2. A History of the Variolous Epidemic, which occurred in Norwich in the year 1819, and destroyed five hundred and thirty individuals; with an estimate of the protection afford- ed by Vaccination, and a Review of past and present opi~- ions upon Chicken-Pox and modified Small.Pox. By John Cross, member of the Royal College of Surgeons in Lon- don, & c. 286 ART. XV.Appropriation of Public Lands for Schools. 1. Report with sundry Resolutions relative to Appropriations of Public Lands for the purposes of Education, to the Senate of Maryland, January 30, 1821. By V. Maxcy, chairman of the committee on Education and Public Instruction. 2. Report on the expediency of granting Public Land for the support of Education in the Senate of the United States, February 9th, 1821. 3. Report of the Committee on Colleges, Academies, and Com- mon Schools, in the Legislature of New York, March 30, 1821, upon the Message of his Excellency the Governor, commu- nicating the Resolutions of the Legislature of Maryland. By G. C. Verplanck, chairman of the committee. 310 ART. XVI.Cottu on English Law. The Administration of the Criminal Code in England and the spirit of the English government, by M. Cottu, Counsellor of the Royal Court of Paris, and Secretary-General to the Royal Society of Prisons, and to the Special Council of the Prisons of Paris. 343 CONTENTS. ART. XVII.Course of Mathematics. 1. An Elementary Treatise on Arithmetic, taken principally from the Arithmetic of S. F. Lacroix, and translated into English, with such alterations and additions as were found necessary, in order to adapt it to use of the American stu- dent. 2. An Introduction to the Elements of Algebra, designed for the use of those who are acquainted only with the first prin- ciples of Arithmetic. Selected from the Algebra of Euler. 3. Elements of Algebra, by S. F. Lacroix. Translated from the French, for the use of the Students of the University at Cambridge, New England. 4. Elements of Geometry, by S. M. Legendre, member of the Institute and the Legion of Honor, of the Royal Society of London, & c. Translated from the French for the use of the students of the University at Cambridge, New England. 863 ART. XVILI.Bryants Poems. Poems by William Cullen Bryant. 380 ART. XIX.Essay concerning Free Agency. An Essay concerning the Free Agency of Man, or the Powers and Faculties of the Human Mind, the Decrees of God, Moral Obligation, Natural Law, and Morality. 884 ART. XX.Valerius, a Roman Story. 893 ART. XXI.Penitentiary System. State Prisons and the Penitentiary System vindicated, with observations on managino~ and conducting these institutions, drawn principally from experience. Also some particular remarks and documents relating to the Massachusetts State Prison, by an officer of this establishment at Charle~town. 417 ART. XXLI.Course of the Niger. A Geographical and Comniercial View of Northern Central Africa; containing a particular account of the course and termination of the great river Niger in the Atlantic ocean. 440 ART. XXIII.Byrons Letter on Pope. Letter to ~ on the Rev. W. L. Bowles Stricture on the Life and Writings of Pope. By the R. H. Lord Byron. 450 ART. XXLV.Stuarts Hebrew Grammar. A Hebrew Grammar, with a copious syntax and praxis. By Moses Stuart, Prof. of Sacred Literature in Theol. Sem. at Andover. 478 An Oration pronounced before the Society of Phi Beta Kappa, at Cambridge, August 80, 18~1. By John C. Gray, Esq. 478 List of New Pub1ications~ 491

Life and Writings of Sir Edward Coke 255-286

NORTH AMERICAN REVIEW. No. XXXIII. NEW SERIES, No. VIII. ~OCTOBER, 1821. ART. XIII.The first part of the Institutes of the Laws of England, or a Commentary upon Littleton, ~c. By Sir Edward Coke. First .dmerican from the sixteenth Euro- pean edition. Philadelphia, 1812. 3 vols. 8vo. IT is a serious misfortune to the student of our law, that we possess no detailed account of most of the great luminaries of the science, in a form accessible to ordinary readers. While the civilians can produce many valuable works intended to guide the inquiries of the beginner through the mazes of Ro- man jurisprudence, and at the same time gratify his curiosity with regard to the writers themselves whose names stand in the title page of the books given him to peruse, we, on the contrary, have little knowledge of the immense mass of books and authors composing our juridical treasures, excepting what can be gleaned from the meagre columns of a booksellers cata logue, or the voluminous repositories of general history and biography. Hoffmans Course of Study does something towards supplying this deficiency; but the whole subject has been. consigned to such unworthy neglect, that it still remains almost an unwrought field for the researches of the jurist. We have placed the title of the much improved American edition of sir Edward Cokes Commentary upon Littleton before this article, in order to add our mite to the department of legal biography, by laying before our readers some account of the life and writings of the distinguished commentator.. New $eries, No. 8. .34 256 12~f~ and Writings of Sir Edward Coke. [Oct. Sir Edward Coke was born in the year 1550, at Mileham, in the county of Norfolk. His father Robert, a gentleman of good family and an eminent barrister, died whilst this his oniy son was young, leaving him the heir of a large fortune. Ed-. ward was first sent to the free school of Norwich, thence removed to Cambridge, and after residing at the university about four years entered as student of the Inner-Temple. The quick penetration and sound judgment, which he there displayed, occasioned his being called to the bar at an early period, namely, after a novitiate of six years, which was then accounted a very extraordinary mark of approbation. The first cause in which he appeared in the court of queens bench, as we learn from his own report of it, was in 1578, in the twenty-eighth year of his age.* About the same time he was appointed reader of Lyons Inn, and so continued for three years, during which space his lectures were very much resorted to, in consequence of which his reputation and prac- tice increased so rapidly, that, before he had been long at the bar, he paid his addresses to a lady of one of the first families and best fortunes in his native county. This lady, Bridget, daughter and coheiress of John Paston, he shortly after mar- ried, receiving with her thirty thousand pounds and becoming allied to some of the best houses in the kingdom. From this time he continued to rise with unexampled ra- pidity; the cities of Coventry and Norwich chose him their recorder, he was engaged in all the great causes of Westmin- ster hall, acquired the favour of the lord treasurer Burleigh, and was frequently consulted on the queens affairs. His large estate and great credit in the county of Norfolk recommended him to the freeholders of that county and procured his elec- tion as knight of the shire, in which capacity he distinguished himself so much as to be made speaker in the parliament held in the thirty-fifth year of Elizabeth.t He was then queens solicitor, from which post he was soon advanced to that of at- torney-general. Mr Coke, becoming a widower by the death of his wife shortly after he received the appointment of attorney-general, paid his addresses to another lady of rank and fortune, the lady Hatton, relict of sir William Hatton, and sister of Thom- as lord Burleigh, the oldest son of the lord treasurer Burleigh. * The case of Lord Cromwell in Cokes Rep. pt. iv, f. 14, a. t DEwes Journal of i~arliamcnt, p. 469. 1821.] Ljfe and Writings of Sir Edward Coke. 257 This second marriage, which took place in 1598, proved very unhappy, and even the celebration of it caused the parties no little vexation. So much notice was taken of irregular mar- riages this year, that archbishop Whitgift had signified to the bishops of his province that he expected they would be dili- gent in bringing to prosecution all persons, who should be guilty of any irregularity in the celebration of marriage. Whether it was that the attorney-general did not advert to this circumstance, or that he looked upon the quality of lady Hatton and of himself and the consent of her family as setting them above such restrictions,they were married in a private house without either bans or license. Hereupon a prosecu- tion was commenced in the archbishops court against them, lord Burleigh, the rector who officiated at the marriage, and several other persons, for contempt of the authority of the church; but on their submission by proxies they were absolv- ed from the penalties, which they had incurred, because, says the record, they had offended, not from contumacy, but from ignorance of the law in this particular. The prosecution does not seem to have proceeded from any personal animosity of the archbishops; on the contrary, this prelate is known to have had groat esteem for Coke and when the latter was appointed queens attorney, Whitgift sent him a copy of the New Tes- tament, with a message to this effect, that he had now studied common law enough, and should thereafter study the law of God. Nor is it probable that Coke intended to slight the church by his informal marriage, because he ~vas always a firm friend to the church and the clergy; which is apparent from an extra- ordinary vote of thanks given him under seal by the chapter of the cathedral church of Norwich for his gratuitous and un- solicited exertions in preserving many of the estates of the chapter from the illegal practices of persons claiming them under pretence of concealments; as also from his liberality in the bestowment of the numerous benefices in his gift, in regard to which he frequently declared, among the many other memorable sayings of his which are recorded, that he would have church-livings pass by livery and siesin, not by bargain and sale. Of the numerous distinguished lawyers, who flourished in the latter part of the reign of Elizabeth, Yelverton, Philips, Fleming, Crooke, Bacon, Popham, Anderson, Dodderidge, Hobart and many othe;s, none was treated with greater res 258 Lift and Writings of Sir Edward Coke. [Oct. pect in his profession or in private life than Coke, as queens attorney; for he was consulted by the ministry in all matters of difficulty, and furnished them with a legal color for some of their proceedings, which might otherwise have been es- teemed unjust and extraordinary. The most important affair, in which he was officially concerned at this time, was the prosecution of the unfortunate earl of Essex, who, together with his kinsman the earl of Southampton, was brought to trial before the lords in the year 1600, for his ill-advised attempt to stir up the city of London to rebel and assist him in getting possession of the queens person by force of arms. The evi- dence against these noblemen was full and decisive, and their guilt unquestioned; but they constantly accused the attorney- general, who conducted the prosecution for the crown, of mis- interpreting their motives, pressing them with undue severity, abusing the ears of the lords with slanderous charges, and act- ing from a desire to subserve the personal enmity of the min- isters toward the accused, rather than from a sincere regard to justice. The earl of Essex especially complained of being talked out of his life by corrupt orators; and Southampton, in his defence, said to Coke: you. urge the matter very far and you wrong me therein; my blood be upon your head. But although the attorney-general sometimes addressed these no- blemen with considerable sharpness in the course of the trial, he does not seem, from the report of it which we have in the State Trials and in Camdens Elizabeth, to have extended their crime any further than he was borne out in doing by the law and the evidence. As Coke had been in habits of intimacy and confidence with the ministers at the close of Elizabeths reign, so he con- tinued in the beginning of the next; there is even good rea- son to believe that the proclamation of king James and other state-papers of this period, were drawn up by him; and although he was not so eager, as were many persons of infe- rior rank, to gain admission to James, ~yet when the new king, on account of his peaceable accession, entertained the principal gentlemen of his kingdom at Greenwich (1603), he, together with Henry Lee, the lord mayor, and John Crooke, recorder of London, received the honor of knighthood. In the same year happened the famous trial of sir Walter Raleigh on a charge of high treason before a court of special commissioners at Winchester; in the management of which 1821.] 14e and Writings of Sir Rdward Coke. 259 trial sir Edward Coke treated Raleigh with such intemperate and overbearing violence, as left an indelible blot upon his character. The whole plot, in which Raleigh was charged with being implicated, is now, as it was then, involved in the deepest mystery; and whether he wa~ guilty or not, it is cer- tain that the evidence produced at the trial was wholly insuffi- cient, not to say palpably absurd; and the verdict must have been obtained from the jury by foul means in order to gratify the resentment of the king and his ministers against sir Walter. But the virulent abuse heaped on Raleigh by the attorney- general is no less remarkable than the weakness of the proofs on which the conviction was founded. Sir Edward Coke was not merely contented with continually styling Raleigh a noto- rious traitor, but even went so far as to bestow such epithets as viper, monster, spider of hell, vile and execrable traitor, odious fellow and damnable atheist, upon one of the most gallant and accomplished gentlemen of England, who both as a scholar and as a soldier deserved to be accounted the pride of his country, and who has rendered himself forever memora- ble in the history of our own, by his noble exertions in the discovery and settlement of America. The customs of that age, indeed, allowed great severity on the part of public offi- cers toward state-criminals, the hardship of whose situation in this respect was much aggravated by their being denied counsel and obliged to reply to the charges brought against them with- out any preparation for defence; but sir Edwards zeal for the cause of justice, or obsequiousness to the crown, appears, in this case, to have hurried him beyond all bounds, so that on one occasion he treated the court itself with indecency. For when lord Cecil, one of the commissioners, interrupted sir Edward Coke, and, as some authors affirm, rebuked him for his con- duct with much asperity, sir Edward immediately sat down and refused to speak any more, until he was urged and entreated to proceed by the commissioners, when, after much difficulty, he again rose and recapitulated all the evidence in a manner still more offensive than before his interruption.* Sir Edward Cokes behavior in this trial raised up many enemies against him at the time, and has been justly and uni- versally condemned ever since; but he retrieved his credit soon afterwards by his vigilance and sagacity in unravelling * See Oldys Life of Raleigh prefixed to his History of the World, and the State Trials. Q60 .L~fe and Writings of Sir Edward Coke. [Oct. the flagitious and monstrous project known by the name of the powder-treason, and by his admirable skill in managing the trial of the conspirators. At the trial of Garnet, especially, he gave such convincing proofs of his extensive capacity and solid judgment, as induced lord Cecil, now become earl of Salisbury, to say, in regard to the speech of the attorney gen- eral, that he had never heard such a mass of matter better contracted or made more intelligible to a jury; and the best judges in later times have confirmed his opinion, all account- ing this speech sir Edward Cokes master-piece in forensic oratory. In remuneration of his services on this and other occasions, the next year (1606) he was called to the degree of sergeant at law, preparatory to his being immediately afterwards made chief justice of the court of common pleas. It has been ob- served that the motto, which he gave upon his rings as ser- geant, lex est tutissima cassis, proved very applicable to hi~ subsequent fortune. By his promotion he made way for sir Henry Hobart to succeed him as attorney-general, which enabled sir Francis Bacon to attain the post of solicitor. It appears from a letter,* which Bacon wrote to Coke just before * This letter is so curious and pertinent, that we think it worth extracting. It is contained in Bacons Works, vol. iii, p. 234, and is as follows: Mr Attorney, I thought best, once for all, to let you know in plainness what I find of you, and what you shall find of me. You take to yourself a liberty to disgrace and disable my law, my experience, my discretion. What it pleaseth you I pray think of me; I am one that know both mine own wants and other mens, and it may be, perchance, that mine mend, when others stand at a stay. And surely I may not endure, in public place, to be wronged with- out repelling the same to my best advantage to right myself. You are great, and therefore have the more enviers, which would be glad to have you paid at anothers cost. Since the time I missed the solicitors place, the rather I think by your means, I cannot expect that you and I shall ever serve as at- torney and solicitor together; but either to serve with another at your remove, or to step into some other course: so as I am more free than ever I was from any occasion of unworthy conforming myself to you, more than general good manners, or your particular good usage, shall provoke; and if you had not been short-sighted in your own fortune, as I think, you might have had more of me. But that time is passed. I write not this to show my friends what a brave letter I have written to Mr Attorney. I have none of those humors. But that I have written is to a good end, that is, to the more decent carriage of my masters service, and to our particular better under- standing one of another. This letter, if it shall be answered by you in deed, and not in word, I suppose it will not be worse for us both; else it is but a few lines lost, which for a much smaller matter I would have adventured. So this being to yourself, I for my part rest, & c. This letter is supposed to have been written in 1606, shortly before the appointment of sir Edward to the Common Pleas. 1821.1 Life and Writings of Sir Edward Coke. 261 these several appointments took place, that sir Francis had repeatedly sought for the station of solicitor in the last reign and the present, and attributed his failure in not obtain- ing it to the bad offices of Coke; which circumstance shows the origin and cause of the animosity that, as we shall presently see, grew up between these great men, and prompted them to harass and mortify each other whenever they could find an opportunity. After sir Edward Coke had served as chief justice of the common pleas a little over seven years with great probity and sufficiency, and as it seems without any desire to change, he was removed to the kings bench, osten- sibly, indeed, because it was alleged that his great abilities might be more useful to the king in the latter situation, but in reality, as it has been supposed, through the intrigues of sir Francis Bacon, who was now in favor with the king, and who thus procured the place of attorney-general by the appoint- ment of sir Henry Hobart to the common pleas in the room of sir Edward Coke. Sir Edward was also sworn of the privy council a few weeks afterwards (1613), although he had never shown himself a friend to the boundless prerogative claimed by the king, and in some particular cases thwarted the wishes of his master, which afforded sir Francis Bacon occasion to represent him in a rather unfavorable light to king James. Thus, when the king once desired to procure from the judges an extra-judicial opinion with regard to a supposed case of treason, sir Francis Bacon, who was chosen to manage the business, easily succeeded with the other judges of the kings bench, but met with an obstacle in sir Edward Coke, whose constant maxim it was to be a judge in a court and not rn a chamber, and who, therefore, notwithstanding the dex- terity and address of Bacon, returned an answer so little satis- factory, that sir Francis told the king he was glad to send it in the chief justices hand-writing for his own discharge. Another time, however, when Oliver St John was sentenced to fine and imprisonment by the star-chamber (1615) for op- posing a benevolence set on foot by the king, the chief jus- tice delivered his opinion of the law very strongly for the benevolence, and might perhaps have thereby recovered the good graces of his master if this act of compliance had been more seasonable. In the same year (1615) was discovered the poisoning of sir Thomas Overbury in the tower; and as the chief justice, by 262 14e and Writings of Sir Edward Coke. [Oct. reason of his office, was obliged to be peculiarly active in bringing the offenders to punishment, and thus incurred the hatred of the many powerful persons implicated in the earl of Somersets crime or injured by this minions fall, we are not to wonder that his conduct in the whole affair was violently censured and grossly misrepresented by many of the contern- porary historians. He was personally directed by the king to investigate the circumstances of the murder, so soon as the perpetration of it was known, and, at his own request, was joined in commission with several noblemen, in order that they might share the heavy responsibility, which he foresaw must attend such a scrutiny. In detecting the persons con- cerned in this dreadful tragedy, the chief justice proceeded with equal vigor and caution and with unwearied diligence, taking several hundred examinations, until all the subordinate agents in the murder were convicted upon the most ample evidence.* Notwithstanding the aspersions thrown out against sir Edward Coke for his conduct in this business, we have the highest authority for believing it to have been every way wor~ thy of his exalted station and character, and that authority is the public declaration of his capital enemy sir Francis Bacon, who, in a speech before the court of star-chamber in the course of the proceedings, made use of the following memora- ble words: This I will say of him, that is of sir Edward, and I would say as much to ages ~f 1 should write a story, that never mans person and his place were better met in a business than my lord Coke, and my lord chief justice in the cause of * Roger Cokes Detection, pp. 78, 79. This passage containing a curious notice of sir Edwards private life, we will extract part of it. When sir Ralph (lYinwood) came to Royston and acquainted the king with what he had discovered about sir Thomas Overburys murder, the king was so surprised herewith, that he posted away a me senger to sir Edward Coke to apprehend the earl. I speak this with confidence, because I had it from one of sir Edward, sons. Sir Edward lay then at the temple, and measured out his time at regu- lar hours, two whereof were to go to bed at nine oclock and in the morning to rise at three. At this time sir Edwards son and some others were in sir Edwards lodging, but not in bed, when the messenger about one in the morn- ing knocked at the door, where the son met him and knew him. Says he: I come from the king and must immediately speak with your father. If you come from ten kings, he answered, you shall not; for I know my fathers disposition to be such, that if he be disturbed in his sleep, he will not be fit for any business; but if you will do as we do, you shall be welcome, and about two hours hence my father will rise and you then may do as you please; to which he assented. At three sir Edward rung a little bell t~ give notice to his servant to come to him, and then the messenger went t~ him and gave him the kings letter, & c. 1821.] Lif~ and Writings of Sir Edward Coke. 263 Overbury.* But shortly after this, on the arraionment of sir b Thomas Monson, one of the gentlemen charged with Over- burys murder, the chief justice dropped insinuations ob- scurely intimating that the death of Overbury had in it something of retribution, as if Overbury had been guilty of poisoning the deceased prince Henry. Whereupon, as men were led to suspect the king privy to the murder of Overbury, the king was so deeply incensed that the trial of Monson was laid aside and himself discharged, and sir Edward Coke se- verely rebuked for his indiscretion. The kings displeasure on account of what the chief justice said was not a little heightened by the famous dispute con- cerning the jurisdiction of the court of chancery, hetween sir Edward Coke and the lord-chancellor Ellesmere, and still more by the business of the commendams, in which last the king conceived his sacred prerogative to have been very pro- fanely handled; both of which happening nearly at the same time (1615, 1616) concurred, avowedly at least, to produce the disgrace of sir Edward Coke. For although sir Edwards activity in detecting the murderers of Overbury, and his con- sequent knowledge of the facts, rendered his assistance indis- pensably necessary to the king in convicting the earl and countess of Someiset, yet no sooner was this affair ended, than the enemies of the chief justice resolved upon effecting his dowufal. The dispute concerning the jurisdiction of chancery arose chiefly out of a statute of Edward III, which inflicted the penalties of a pra~inunire upon all persons, who should ques- tion or impeach, in the court of another, any judgment given in the kings courts. Now the right interpretation of the words in the court of another, or as the original has it en au- trui court, is that they were designed to prohibit appeals from the kings courts to the legatine or other courts of Rome. The reason of the thing, as well as historical records, confirms this interpretation; but a doubt was started in the reign of James I, xvhether these words, or some others equally general in different statutes, did not prevent appeals from the common law courts to any other tribunal excepting the high court of parliament. Sir Edward Coke, who was very jealous of his authority, and his associates on the bench, thought it did; and * State Trials, 2d ed. vol. i, p. 324. New Series, No. ~. 35 264 Ljfe and Writings of Sir Edward Coke. [Oc~td therefore justice Crooke gave it in charge to the grand jury of Middlesex, among other things, that they should present any man, who, after a judgment rendered, had drawn that judg- ment to a new examination in any other court. Accordingly, on the last day of the term, indictments were preferred against suitors, solicitors, counsel, masters, and assessors in chancery, charged with a premunsre for making, conducting and decid- ing an appeal in two cases adjudged in the kings bench. These cases, as there adjudged, happened unfortunately to be cases of foul and manifest injustice. The first was that of Courtney against Glanville, as reported in the books,* where Courtney, who was a young gentleman, bought of Glanville a jewel represented by the latter to be worth 360, and as security for the payment of the purchase-money agreed to confess judgment in an action of debt on bond in the court of kings bench. Afterwards it appearing that the real value of the jewel was 20, and, on a writ of error being brought to reverse this judgment, the court affirming it,Courtney ex- hibited his bill in chancery for relief against the bond where- upon a release was decreed, and the defendant in chancery imprisoned for non-performance of the decree, but immedi- ately discharged by a writ of habeas corpus returnable in the court of kings bench. The other case, of Bowles and Allen, was still more iniquitous. The defendant had prevailed upon the plaintiffs most material witness to withhold his testimony provided he could be excused. An agent of the defendants, who undertook to manage this, carried the witness to a tavern, called for a gallon of sack in a pot, ~bd, bidding him drink, as soon as the man had put the flagon to his lips, quitted the room. When the witness was called, the court was informed he was unable to come; to prove which the defendants agent was produced, who swore that he left him in such a condition, that, ~f he continued in it but a quarter of an hour, he was a dead man. The witness was therefore excused by the court, and for want of his testimony the cause was lost, and a verdict given for the defendant. Upon this a bill was brought in chan- cery for relief, to which the defendants refusing to make answer were committed for contempt of court. Such being the facts in evidence before the grand jury, when the defendants in chancery preferred their indictments, the jury, consisting as it * See the case in Buistrodes Rep. ii, 301; Moors Rep. 833; Ro1le~ Abridg. i, 111; Crokes Jacob. 343. 1821.] Life and Writings of Sir Edward Coke. 265 seems of substantial and intelligent persons, refused to find the bills, and, although twice sent back by the court, resolutely persisted in their refusal. The matter excited the more no- tice from the circumstance that lord Ellesmere was at this time dangerously ill, and, although he afterwards recovered, was generally believed to be dying on this very day; and it now made so much noise, that it was brought before the king in council. It was referred by him to sir Francis Bacon, sir Henry Yelverton, sir Henry Montague, sir Ranulph Crewe and sir John Walter, and, after an examination of precedents, they sup- ported the jurisdiction of the chancellor in an elaborate decis- ion, which put the question at rest, and seems to have been at least acquiesced in by the chief justice himself as well as the soundest lawyers of the kingdom.* Sir Edward Coke is generally allowed to have been much in the wrong for endeavoring to maintain the jurisdiction of his court by such violent measures, and was afterwards accus- ed at the council-board of uttering very reprehensible language on the subject from the bench. But in the of the commendarns he seems to have demeaned himself with a spirit of dignity, firmness, and independence, which redounds as much to his honor as the pusillanimity of the other judges does to their disgrace. This celebrated case of the commendams, even more curi- ous in its connexion with the history of the administration of justice in England than that which we have just detailed, was the following. John Clifton and William Glover brought a writ of quare impedit against Richard, bishop of Coventry and Litchfield, of a presentation to the church of Clifton Camville. The plaintiffs declaration made out a good title to the advow- son in them; but the bishops plea recited, among other mat- ters of defence, that his metropolitan having granted him a dispensation from the statute of pluralities, the king, to whom * See a full statement of this affair in a tract printed in the Collectanca Juridica, v. 1. n. 2. See likewise Wilsons Life of James in Kennets History, vol. ii, p. ~O4; Bacons Letters in his Works, v. iii, p. 284, and the cases cited in Bacons Abridgment, v. iii, p. 139. Many curious circumstances regarding it are also collected in the notes to the Biographia Britannica. Although sir Edward, as he could not avoid doing, acquiesced in the kings decision, yet he was not convinced that he had done wrong. In his Pleas of the Crown, c. 54, Premunire, pp. 122125, he maintains that a judgment rendered in the kings bench could not be lawfully examined in chancery, and after citing precedents to that effect, says that the privy seal was obtain. ed by the importunity of the then lord.chancellor being vehemently afraid. 266 L1fe and Writings of Sir Edward Coke. [Oct. it accrued by lapse to present to the benefice in question, did accordingly present the defendant to hold the same in corn- mendarn. Various important questions grew out of this ease, in arguing which in the court of common pleas the king was informed by Bilson, bishop of Winchester, who attended the trial at the kings desire, that the counsel for the plaintiffs had maintained several positions highly injurious to his royal pre- rogative, namely, that the translation of bishops was contrary to the common law, and that the king had no power to grant commendams but in cases of necessity, which necessity could pever happen, because no clerk was bound to hospitality be- yond his means, and therefore in no case could there be need of augmentation of livings. James took alarm at these dan- gerous doctrines, and, determined not to suffer any more dis- cussion of points so nearly concerning his royal dignity, com- manded the attorney-general, sir Francis Bacon, to signify his pleasure to the lord chief justice, that he held it necessary himself should be consulted before any further proceedings were had in the cause, which was shortly to have been argued before all the judges in the exchequer-chamber. Bacon, who seems to have acted as the chief adviser of the king in all these measures, accordingly wrote a letter to the chief justice (April 25, 1616), imparting the kings wish that the day for hearing the argument might be deferred. Sir Edward Coke, on receiving this letter, requested of the attorney-general that the like should be sent to his brethren; which being done, all the judges assembled and unanimously came to the resolution of doing their duty exactly as if the letters had not been written. Afterwards they sent a letter under their hands to the king in justification of their conduct, certifying that they conceived obedience to the letters of the attorney-general to be incon- sistent with their oaths, inasmuch as they were expressly sworn to pay no regard to any letters that should come to them contrary to law, and that, the case in question being a private difference between subjects and as such earnestly call- ing for expedition, they considered it would be an unlawful delay and denial of justice to defer the cause wherefore they had proceeded, according to their duty, following what to the best of their judgment they understood to be the meaning of the acts of parliament provided in this behalf. The king im- mediately replied that, as he would not have his royal prero- gative wounded through the side of a subject, and as he held 1S21.] Lifr and Writings of Sir iEdward Coke. 261 the alleging their oaths only an impertinent pretence, therefore he peremptorily commanded them to meddle no more with the matter until they were apprized of his pleasure from his own mouth. No sooner was the king returned to the city, than all the judges were sent for to the council-table (June 6th 1616). After the king had narrated the above facts, he began by reprimanding the judges for their remissness in suffering a counsellor at the bar to impeach his prerogative, telling them it was their duty to check and bridle these impudent lawyers, who bore so little respect to the authority of the crown. Next, as to their letter, he acquainted them that to defer the hearing of a cause upon sufficient reasons was neither a denial nor a delay of justice; it rather indicated wisdom and matureness of proceeding; and there could never be a better reason for staying a cause than a desire to consult the king in a matter concerning his prerogative. Then he denied that the case involved merely a private interest betwixt party and party, since the royal prerogative was openly, directly, and largely disputed at the bar; nay by virtue of that very prerogative alone did the defendant claim to hold his benefice in commen- dam. Lastly, he observed that it was a new thing for subjects to disobey the kings express command, and most of all for them to justify their disobedience by returning a bare certifi- cate, instead of modestly laying down their reasons and then submitting the whole to his princely judgment. When the king had made this declaration, all the judges acknowledged the faultiness of their letter in respect to the form, and on their knees begged pardon of the king for their error. But sir Edward Coke entered into a defence of the matter of the letter, maintaining that the delay required would have been a denial of justice, and adding that the judges meant the case should be handled so that the royal prerogative should in no wise be questioned. The king answered that it was prepos- terous for them to take on themselves peremptorily to discern whether his prerogative was concerned, without asking his advice on the subject; and, as to the rest, he called upon the lord-chancellor to deliver his opinion upon the legality of the delay. Lord Ellesmere, excusing himself from declaring his sentiments at present, desired that his majestys counsel might first deliver theirs: upon which the attorney-general, of course, defended the king, and the other counsel concurred, for the reasons already advanced by the king. This widened the 26S Life and Writings of Sir Edward Coke. [Oct breach still more; for sir Edward Coke complained of the kings counsel for disputing with the judges, saying they were to plead before the judges, not to dispute with them; to which sir Francis Bacon returned, that, by his oath of office, he was explicitly hound to proceed against any person what- ever, should he be the greatest peer in the realm, who exceed- ed the limits of his authority or invaded the rights of the crown; and therefore he deemed the challenge of the chief justice to be an affront, for which he and his fellows appealed to the king for reparation. To this appeal the king replied, that his counsel had done their duty and he would maintain them in it; which ended the controversy; for sir Edward immediately said he would not dispute with his majesty; and the lord-chancellor then pronounced the kings requisition to have been no violation of the judges oath or of the laws. All the lords of the council then put the question to the judges, commanding them to say whether if; in any case depending before them, the king conceived his interest to be concerned, and therefore desired to be consulted, they would accordingly stay the proceedings. The judges all answered in the affirm- ative, excepting sir Edward Coke, who merely said when the case shall be, I will do what is fit for a judge to do. Sir Henry Hobart was so complying as to say that, for his part, he would ever trust the justice of his majestys command. After all this discussion was over, the king made the judges promise that, in the farther argument of the comrnendams, they would carefully abstain from whatever tended to weaken or draw into doubt his prerogative, nay, would in plain terms correct the bold speeches already made in derogation thereof, and never again permit them to recur~* Satisfied with the recantation and ample assurances of the eleven judges, the king allowed the cause to proceed, and judgment was finally entered for the plaintiffs. Such was the termination of the case of comrnendams, than which few have excited more commotion, because on the one hand the church was incensed to find the courts looking into their evasions of the law against pluralities, and the king was yet more incensed that one of his prerogatives should be * All the proceedings in council are printed in Collectanea Juridica, vol. n. 1, and in Bacons Works, vol. iii, p. 311. See likewise Bacons Letters, ibid. p. 305. The case which occasioaed the difficulty is very fully re- ported in Hobarts Rep. p. 140. 1821] Life and Writings of Sir Edward Coke. openly attacked as illegal; and on the other hand every friend of liberty was shocked to perceive the power of the crown directly interposed for the determination of a private suit be- tween subjects, and to see the judges personally outraged for acting according to their best understanding of the established laws of the kingdom. Sir Edward Cokes enemies no longer thought it necessary to keep any measures with him; for his manly conduct before the council was easily distorted into a contumacious opposi- tion to the royal authority. The king seems even to have entertained a petty jealousy of his popularity and influence. The lord-chancellor could not forgive sir Edwards conduct with regard to the jurisdiction of the courts. The council was very much offended with him, also, for his laudable attempt, a little while before, to limit the exorbitant power claimed by the commissioners of sewers for this inferior court demanded for its proceedings a freedom from examina- tion every where but in the council; whereas the kings bench had countenanced, as it was right they should do, several per- sons in bringing actions at common law on account of some arbitrary doings of the commissioners.* As there was now a fixed design of humbling sir Edward, in which many powerful men were embarked, it was not difficult to fore- see that his great integrity, his unshaken courage and his admirable parts would prove too weak to shield him, when his personal enemies were to sit in judgment upon him, with an arbitrary and irritated king for his accuser. Accordingly, being sent for by the council, arraigned on his knees, and charged with indecent language in the kings bench concerning the court of chancery, and undutiful behaviour to the king in the affair of the coramendams, he was sequestered from the coun- cil-table and forbidden to ride the summer-circuit as justice of assize. James, in his wisdom, also undertook to criticise sir Edwards Reports, which were already published, telling him that many extravagant opinions were there set down for posi. tive law; and the weak-minded pedant, who then held the sceptre of three kingdoms, condescended to find fault with the title-page of the tenth Report, because sir Edward, according to the immemorial usage of his predecessors, sanctioned by * Moors Reports, pp. 825, 826; Blaekstones Commentaries, vol. iii, p. 73. The act of council on the subject may be found in Calli~ Reading on the 3tatute of S~wers, p. 76. 270 L~f~ and Writings of Sir Edward Coke. [Oct. divers acts of parliament,* therein styled himself chief justice of England. To complete sir Edward Cokes humiliation, Suffolk, the lord treasurer, insolently reflected on him for allowing his coachman to ride before him bareheaded, imput- ing it to sir Edward as an arrogant assumption of state, which he was not entitled to challenge. Sir Edwards removal fol.. lowed soon after (Nov. 1616), the place of chief justice of the kings bench being given to sir Henry Montague. With regard to the disgrace of sir Edward Coke, it is remarkable that those persons, who were most active in bring- ing it about, were personally benefited by his removal. Sir Francis Bacon had long been opposed to him, from a cause already stated, and was, moreover, not a little apprehensive that sir Edward would be thought a more eligible person than himself to succeed the lord-chancellor Ellesmere. Sir Henry Montague, who was another of the kings counsel and one of those to whom the dispute between the courts was referred, was promoted to the office of chief justice in the room of sir Edward. Sir Henry Yelverton, the solicitor-general, was a servant of the Howards and owed his promotion to Somerset and therefore had private differences with sir Edward Coke on account of the business of Overbury; and he favored Bacons suit for the great seal in order to obtain the post of attorney- general. If these facts are not enough to lead us to sus- pect the motives of those, who produced the downfal of sir Edward Coke, we shall be satisfied of the true cause of it by referring to Bacons Letters,an authority, which, in an affair so nearly concerning the writer, must be considered ab- solutely incontestable. According to the statements in these letters it appears that, during the earl of Somersets prosperi- ty, sir Edward Coke agreed, on the resignation of the then incumbent, sir John Roper, to admit two persons to hold the lucrative office of chief clerk for enrolling pleas in the kings bench in trust for the favorite. Upon the fall of Somerset, an overture was made to the chief justice by sir Francis Bacon., that he should admit trustees for the new favorite, sir George Villiers, afterwards duke of Buckiugham; to which sir Edward made no other reply than that he was old and could not strug- gle. This being understood to signify compliance, sir John Ro * See the rolls and statutes to this effect cited in the third Institute, pp. 74, 75. 1~21.] Life and W~ritings of Sir fldward Coke. ~7 1 per immediately surrendered (July 1616) and received the title of lord Teynham as a recompense. But sir Edward Coke ~xas now of another mind; and the office being entirely at his dis- posal, he intimated a design of making use of it to augment the salaries of the judges in his court; at which Villiers was so much exasperated that he caused sir Edwards suspension to be changed into removal, for the purpose of finding a more accommodating chief justice; and it was then made a prelim- inary condition to sir Henry Montagues appointment, that he should enter into a written obligation to admit the trustees of Villiers. Thus it was that the ornament of English jurisprudence was sacrificed to the intrigues and avarice of a court minion. Not that sir Edward Coke was wholly free from imperfections as a judge; for he was frequently charged with, what it is proba- ble enough was among his faults, a tendency to pride and imperiousness of deportment. But that he was eminently incorrupt in the administration of justice none can deny; and that he was guilty of no misconduct, which called for high censure, is plain from the circumstance that he might have been restored to his office, if he could have humbled himself to comply with the requisitions of Buckiugham. The great consequence, which sir Edward Cokes wealth, rank, and talents gave him, and the activity of his disposition, prevented his continuing bug in disgrace. A few months after his displacement, having business with sir Ralph Win- wood, secretary of state, who was known to have great interest with Buckingham, he voluntarily proposed to sir Ralph what he had before discountenanced when attempted by the lady Hatton, a match between the earls brother, sir John Villiers, and his own youngest daughter. The proposal, being communicated to Buckiugham, then attending upon the king in Scotland, met with his approbation. But it soon peared that the match, notwithstanding the greatness of the persons interested in promoting it, was not in a way to pro- ceed with facility; and this domestic arrangement not only occasioned great disquietude in sir Edward Cokes family, but in process of time ripened into an affair of state. For lady Hatton, displeased with her husband for his former opposition to this match, and resenting his present endeavor to dispose of her daughter without her leave, carried away the young lady and concealed her in the house of sir Edmund Withipole. Sir Afew Series, No. 8. 36 272 Life and Writings of Sir Edward Coke. [Oct 13~dward Coke immediately wrote to Buckiugham to prOcure a warrant from the privy council for the restoration of his daughter, but in the mean time, ascertaining where she wa~ lodged, he ~vent with his sons and took her away by force. Upon this lady Hatton appealed to the privy council. M the lord-keeper, Bacon, was fearful of losing the favor of Buckingham by this match, he opposed it to the utmost, and thereby incurred the very danger he was trying to avoid; for Buckiugham highly resented this proceeding, and his mother, the lady Compton, lost all patience and treated the lord- keeper with great indignity. Sir Francis Bacon, notwithstand- ing, encouraged the attorney-general to file an information in the star-chamber against sir Edward Coke, on the complaint of lady Hatton. But harmony was brought about in a short time by means of the two ladies, Hatton and Compton, who caine to an understanding on the subject, in consequence of which the suit in the star-chamber was suspended, sir Edward Coke and his lady partially reconciled, and sir Francis Bacon restored to the good graces of Buckingham. The very day of the kings return from Scotland (Sept. 15th 1617), sir Ed- ward Coke was restored to favor, reinstated in his place of privy-counsellor, and admitted to much private conference with the king. Soon after this, sir John Villiers married his daughter with great splendor at Hampton-Court; but sir Edward was obliged to give his daughter a very large fortune and thus pay dearly for the honor of an alliance with Buck- ingham. Lady Hatton also made considerable settlements in favor of sir John Villiers on the same occasiQfl, and by this liberality recovered her freedom: for at the time of the mar- riage she was confined upon the complaint of sir Edward. The quarrel between them still continued to be manifested in various ways. Soon after her release, she entertained the king, the duke of Buckingham, and the whole court, without inviting her husband. Many letters of sir Edward and lady Hatton, written at this time, are still preserved, in which they show great resentment towards each other; and the difference proceeded to such extent, that we find lord Houghton was committed for having, in conjunction with lady Hatton, framed some scandalous libels on sir Edward Coke. Several years elapsed before the parties were at length reconciled, by the mediation of the king (July 1621). As a privy-counsellor, sir Edward Coke was now treated 1821] 14e and Writings of Sir Edward Coke. 27~ with great consideration, and engaged in many important commissions, of which he acquitted himself to the entire satisfaction of his master. His old enemy, sir Francis Bacon, now lord-chancellor, seeing sir Edward thus highly esteemed and apparently aiming at the post of lord-treasurer, dropped his animosity and began to represent him in a more favora- ble light to the duke of Buckiugham and king James. Sir Edward is charged with making use of his power, during this turn in his affairs, to punish his former persecutors; and it is very certain that, in several instances, he was enabled to make them feel the weight of his resentment, although he does not seem ever to have sought for such opportunities. As instan- ces of this we may notice the cases of lord Suffolk and sir Henry Yelverton, both of whom, as we have seen, were ene- mies of sir Edward Coke. While the latter, as privy coun- sellor, was commissioned to sit in the court of star-chamber, Suffolk and his lady underwent a severe prosecution for cor- ruption; and sir Edward acted a distinguished part in the in- vestigation of their crime. Not long afterwards sir Henry Yelverton was prosecuted in the same court, for inserting some clause in a charter for the city of London without any war- rant; and on this occasion sir Edward Coke is affirmed to have made a long and bitter speech in the star-chamber, and then pronounced a heavy sentence, which, however, the rest of the court mitigated. If sir Edward did allow his personal feelings to influence his opinion in these cases, we shall pre- sently see that he conducted very honorably and delicately with regard to another distinguished criminal, who had formerly been opposed to him, namely, the lord-chancellor St Albans. The kings affairs at this period (1621) absolutely requiring a parliament to be called, the lord-chancellor undertook to prepare things for the meeting, and received every assistance from sir Edward Coke; but when the parliament was assem- bled, it appeared that sir Edward, who was returned a mem- ber, intended to do very differently from what was expected of him by the court; for he spoke very warmly in the many debates in this parliament on the subject of freedom of speech, on the increase of popery, and on the abuses of prerogative~ In the charges, which the same parliament made against the lord-chancellor, sir Edward was on the committee for prepar- ing the articles, and conducted himself mildly, but with firm~ ness; so that we may believe the animosity once subsisting 274 Life and Writings of Sir Edward Coke. [Oct4 between these eminent men was now entirely extinguished; and happy would it have been for them both, if, instead of indulging it so long, they had always conspired to promote only the good of their common country. The vigorous pro- ceedings of the commons on account of the imprisonment of sir Edwin Sandys by the king, for his activity in the house, having produced a rupture between the king and commons, in consequence of which the principal members of the house were imprisoned or despatched upon some foreign mission, we find that sir Edward Coke and sir John Philips were com- mitted to the tower as the two leading men in the opposition (Dec. ~7, 1621). Sir Edwards chambers in the temple were also broken open and his papers delivered to sir Robert Cot-~ ton to examine. A week or two afterwards (Jan. 6, 1622) the parliament was dissolved. On the very day of its dis- solution an attempt was made by the ministry to prove sir Edward guilty of misconduct in the affair of the earl of Somerset, but ~vithout success; whereupon he was again se- questered from the council, James being so much incensed as to say that he was the fittest instrument for a tyrant that ever was in England,with how much truth the cause in which sir Edward suffered will hear witness. We will mention one more remarkable fact, which, at the same time, shows the hos- tility of the court to sir Edward, and the estimation in which he was held by one of the most eminent of his contemporaries. After sir Edwards chamber had been searched and he himself expelled the council, a prosecution was set on foot against him by the court for a pretended deht of old standing due sir Wil- liam Hatton. A trial was had, hut nothing being proved, not- withstanding the industry of his old antagonist, sir Henry Yel- verton, a verdict was given for the defendant. When a brief in this cause was offered to the princes attorney-general, sir John Walter, afterwards chief baron of the exchequer, he rejected it with these memorable words: Let my tongue cleave to the roof of my mouth whenever I open it against sir Edward Coke. What it was, that occasioned such a sudden revolution in sir Edward Cokes sentiments and converted him from a confi~ dential servant of the crown into one of its warmest opponents, it is impossible at this day to ascertain. There is some rea- son to suppose, however, that the death of his friend, sir Ralph Winwood, which happened not long before this change, deprived him of his firmest support in the council and with 1821.3 Life and Writings of Sir Edward Coke. 2Th the king. Perhaps he became disgusted with the arbitrary measures pursued by the ministry; for we know that he al- ways leaned to the popular side, when first in power; which circumstance prejudiced king James against him almost from the beginning, and was among the ostensible causes of sir Edwards removal from thee post of chief justice of the kings bench. Whatever may have been the motives of sir Ed- wards conduct, it is certain that he was now one of the most zealous defenders of the rights of the commons, so that, he- side his exclusion from the council, the king gave him some commission to perform in Ireland (1625), according to the practice of those days, in order to remove him from court and keep him in a kind of honorable banishment. How sir Edward ekcused himself from this employment, we are no where told: perhaps the short-lived popularity of the duke of Buckin gham this year, which was so great that sir Edward Coke, in the house of commons, complimented him with the. title of savior of the nation, disarmed the court of a portion of its vindictiveness towards the parliamentary leaders. But sir Edward did not seek to be restored to place, and remain- ed out of favor at the demise of king James. At the beginning of the next reign, the new king was so much prepossessed against sir Edward as to refuse him admit- tance to his presence when sir Edward would have waited upon him in testimony of duty and loyalty; and when the court found it necessary to summon a parliament for supply- ing the wants of Charles, sir Edward Coke, to prevent his being chosen, was nominated sheriff of the county of Bucks. He did all that he could to avoid serving, and for that purpose took exceptions against the oath, which he transmitted to the attorney-general; but the council and judges thought only one of the five objections reasonable, in respect to which the oath was amended. Sir Edward was accordingly compelled to serve, and he, venerable as he now was from his great age, attended the judges at the assizes, who had himself been chief justice of England.* But in the third parliament of this reign (1628) sir Edward was elected knight of the shire for the county of Bucks, with augmented popularity, and augmented zeal against the crown, on account of the persecution he had undergone. In this parliament were sir Francis Seymour, sir Thomas * Rushworths Collection, i, p. 197. 276 L~fe and Writings of Sir Edward Go/ce. [Oct. Wentworth, sir Robert Philips, sir John Eliot, sir Miles Ho.. bart, sir Peter Heyman, Pym, Selden, Hollis, Valentine, and many others, who, like sir Edward Coke, were embittered against the court by personal wrongs, as well as by their pa- triotism. Among them sir Edward was preeminent for the ser- vice he did his country, not only by speaking freely for the redress of grievances, arguing boldly in vindication of the freedom of the subject, and strenuously maintaining the privi- leges of the house of commons,but also more particularly by proposing and framing the celebrated PETITION O~ RIGHTs.* When the debates happened in the same parlia- ment concerning the duke of Buckiugham, sir Edward Coke, then nearly eighty years old, took the lead by citing prece- dents in support of the right of the house to proceed against any subject, how exalted soever in rank, for misleading the king, and finished by declaring his firm belief that the duke was the sole cause of the miseries of the nation, and of all the disasters that had befallen the kin~dorn. Whether it was that the patriots of that age were mote in earnest than at present, or that the temper of the times inclined and author- ized public speakers to indulge in greater exhibitions of feel- ing,we are informed that sir Edward Coke was forced to sit down, when he began this speech, through abundance of tears, whilst other members were so much oppressed with grief as to be incapable of joining in the discussion at all. But after sir Edward Coke had broken the ice by denouncing the duke of Buckingham, an acclamation of applause burst from the house, which, it is well known, the next day presented the king a spirited remonstrance against the conduct of the duke of Buckingham. Sir Edxvards exertions in this parliament closed his politi- cal career. After its dissolution he retired to his house at Stoke-Pogey in Buckinghamshire, where he spent the re- mainder of his life in quiet seclusion, universally respected and esteemed; and there he died, September 3d, 1634, in the eighty-fifth year of his age, expiring with these words on his lips, thy kingdom come, thy will be done. Whilst he lay upon Isis death-bed, sir Francis Windebanke came, by virtue of an order of council, to search his house for seditious papers, and carried away his four Institutes, together with fifty-one other Rusliwortlis Collection, vol. i. p. 558. 1821.1 14e and Writings of Sir Edwctrd Coke. 27T manuscripts, and his will, in which he had made provision for his family. The hooks and papers were kept until the year 1641, when one of the sons of sir Edward moved in the house of commons that the papers taken by sir Francis Win- debanke might be restored to his brother, sir Robert Coke, which the king permitted, and such as could be found were delivered up to the family; but the will was either lost or destroyed. Sir Edward left a numerous posterity to inherit his fame and wealth, having seven sons and three daughters by his first wife and two daughters by his second: to whom he left such large possessions, that Fuller, in his Worthies of England, says all his sons might seem elder brethren. H~s family has ever since been of great consequence, and in the(reign of George I his descendant and representative in the male line, sir Thomas Coke, was ennobled by the title of baron Lovell, and afterwards raised to the superior rank of viscount Coke and earl of Leicester.* Having narrated the incidents of sir Edward Cokes life, we now proceed to make some few remarks concerning him which could not be easily introduced before, and to give a particular account of his writings, the consideration of which we have purposely deferred to the last. In his person sir Edward was remarkably well proportioned, with regular features, a dignified countenance and an air full of gravity and composure. He was very nice in his dress, being accustomed to say that the outward neatness of our bodies should be a monitor of purity to our souls. In his pleadings, conversation and judgments, he was generally very concise, although, from the vice of the age, sometimes rather too diffuse in his formal speeches. In his professional prac- tice he always endeavored to cultivate ~obriety and modera- tion; saying, if a river swell beyond its banks it loseth its own channel. Fuller has a very curious passage concerning him near- ly to this effect: Five sorts of people he used to fore-doom to misery and poverty, namely, chemists, monopolizers, conceal- ers, promoters, and rhyming poets: for three things he would re- turn solemn thanks to God, which were that he never gave his body to physic, nor his heart to cruelty, nor his hand to corrup * In the preceding narrative we have been much indebted to the Biogra. phia Britannica, which is to be understood as our authority wherever none is cited. 278 Lzfe and Writings of Sir Edward COke. [Oct. lion: and in three things he did much applaud his own success, to wit, in his fair fortune with his wife, in his happy study of the laws, and his free coming by all his offices, nec prece neeyretio, neither begging nor bribing for his preferment..The rank, which he attained, sufficiently indicates the estimation with which he was regarded as a lawyer; for, as we have just seen, he valued himself upon having gone through the successive stations of queens solicitor, speaker of the house of commons, attorney-general and chief justice of both benches, by his merit alone, not by any unworthy acts of courtly servility. Hox~r sure a friend he was to the church may be judged from what we have said heretofore, as well as from the fact that when a powerful nobleman was inclined to question some of the righ~ of the cathedral church of Norwich, sir Edward prevent6d it by declaring that, if the matter was pursued, he would put on his cap and gown again and follow the cause himself througk Westminster-hall. As he took for his motto prudens qui pct- tiens, so it appeared that from all his reverses of fortune he rose more powerful than before; verifying in this the pithy character once given him by king James, that whichever w~ij he was thrown he would fall upon his feet; for whatever ~redit he happened to lose at court was more than compensated to him by the extensive influence which he possessed in the coun- try. Finally, although his eminence and uninterrupted success in his profession imparted to his character a degree of pride, which sometimes betrayed him into conduct that it would be useless to attempt to justify, but which his enemies ma~nifled to his disadvantage,still it is certain that sir Edward Coke was exceeded by few of his countrymen in the qualities of na acute lawyer, able judge, and ardent, public-spirited patriot. Of the voluminous writings of sir Edward Coke, embracing almost the whole rawge of the common and statute-law ~s it existed in his time, those published earliest were his Reports, which originally appeared in eleven parts at different pe~iods, the first part in 1600, when its author was attorney-general to queen Elizabeth, and the last in 1615, when he was chief justice of the kings bench under James. Two additional parts were also printed some years after his death, which are much less valuable as to the nature of the cases, less complete, and less authentic than the preceding parts, because wanting the revision of sir Edward. The great defect of Cokes Reports, as indeed of all his works, is the total want of meth 1821.] Ljfe and Writings of Sir Edward Coke. 279 od by which they are distinguished even above the immethodi- cal writings of his contemporaries. His Reports do not con- tain a regular statement of the case, with the arguments of counsel and decision of the court distinctly set down; but these particulars are blended with extra-judicial remarks that happen to drop from the judges, and mixed up with number- less desultory observations which the reporters own ill-arrang- ed learning suggests; so that it is often no easy task to ascer- tain the points of law raised in the case and actually adjudged by the court as a solemn precedent. But, notwithstanding this serious objection to the Reports, they undoubtedly de- serve the praise bestowed on them by sir Francis Bacon, in his Proposition touching the Amendment of the Laws of England, when he said that, but for them, the law would have been almost like a ship without ballast. No stronger evidence of their high reputation need be assigned, indeed, than the fact that they alone are generally cited in our law-books with- out the authors name, and denominated, by way of eminence, the Reports. A large portion of the decisions recorded in them are now become wholly obsolete, and the improvements of modern law have diminished the usefulness of the rest; but, as very many of them are what is technically styled lead- ing eases, the Reports must ever continue to be valued and studied by those, who wish to examine legal principles at their fountain-head. While sir Edward Coke was in disgrace, his Reports, as we have already intimated, underwent a very severe scrutiny from his enemies, who were eager to seize upon the slightest pre- text for humbling the spirit of the chief justice. Every mis- take in point of law, nay the least verbal inaccuracy, was imputed to him as a crime. It is to be remembered that the wise institution of fixed reporters, to which we owe the nine Year-Books, and which has been imitated with so much advan- tage and success in our country, was not long kept up in England. Nor was the place of these reporters immediately supplied by private individuals. Sir Edward Coke tells us, in the preface to the third Report, that, beside the Year- Books and his own collections, there were only three volumcs of printed reports then in being, namely, sir James Dyers Reports and Plowdens Commentaries. Hence it arose that an error in reporting was considered not merely, as at present, a literary defect of the work, but a high offence against the New Series, No. 8. 37 280 L~e and Writings of Sir Edwxrd Coke. [Oct6 courts and the crown. When, therefore, sir Edward Coke was forbidden to ride upon the circuits, the king charged him to employ himself during the vacation in revising and correct- ing his Reports, wherein the king said he was given to under- stand many dangerous novelties, offensive opinions and per- emptory decisions were recorded as the law. In obedience to this injunction sir Edward prepared a list of a few errors of a very trifling nature, and presented them to the king; with which the king or his advisers not being satisfied, selected a number of passages from the Reports, and these not the points adjudged in the cases, but extrinsic and independent remarks, which the king desired to have explained, appointing lo~d Ellesmere to receive sir Edward Cokes excuse or apology. The exceptionable passages were finally reduced to five, all which sir Edward defended so triumphantly, that his enemies were for the present completely silenced. About a year after- wards, however, while sir Francis Bacon was lord-keeper, the complaint concerning the Reports was revived; upon which sir Edward boldly demanded to have the twelve judges called upon, as ~vell to determine what cases in his Reports, if any, were erroneous, as to certify what cases he had published for the maintenance of the royal prerogative, the safety of the church-revenues, the quieting of mens inheritances, and the general good of the realm. Sir Edwards enemies shrunk from an inquiry, which they felt conscious must redound so much to his honor and to their discredit, and here the affair was dropped, after the Reports had passed through an ordeal from which few would have come forth equally free from re- proach. The next work of sir Edward Cokes published during his life-time was the Book of Entries, which, indeed, appeared in 1614, before the completion of his Reports. More recent collections of entries refer to this work as containing very elaborate precedents, especially in real actions; but the great alterations of the law with respect to practice since the time of Coke having brought new forms into use and even changed the language of the record, modern compilations on the sub- ject of pleading have superseded Cokes Book of Entries. This volume may be considered as in some measure a supple- ment to the Reports, because it exhibits the entire record of many of the cases there reported; for which reason, proba- bly, sir Edward omits to mention it while enumerating his works in the preface to the first Institute. 1821.1 Ljfe and Writings of Sir Edward Coke. 281 The preceding works were written and published by sir Edward, as he repeatedly observes in his Reports, either amid the pressure of many important affairs, or else in the brief in- tervals of rest which he enjoyed from the exertions required by his public employments, ascita, he says in one place, ascita alacriter industria mihi ex more solito perquam familia-. ri in consortem. After his final rupture with the court, still retaining his industrious habits in extreme old age, he devoted himself to the completion of his last and great work, the Insti- tutes of the Laws of England, consisting of four parts, the first, a Commentary upon Littleton, the second, an Exposi tion of many ancient and other Statutes, the third, concerning High Treason and otber Pleas of the Crown, and the fourth, concerning the Jurisdiction of Courts. I have termed them Institutes, says Coke, because my desire is, they should in stitute and instruct the studious, and guide him in a ready way to the knowledge of the national laws of England; and the general consent of the bar for a century and a half sponta- neously continued to pay these juridical labors of sir Edward Coke a deference, which in any other man it would have seemed alike arrogant to claim, and presumptuous to anti- cipate. The first Institute is a perpetual Commentary upon a short Tredise of Tenures written by sir Thomas Littleton, an emi- nent judge of the common pleas in the reign of Edward IV. It is not certainly known ~t what time the original edition of Ibis tract appeared; but it~s generally supposed to have been the year 1481; and therefore the copies of this edition are esteemed a great typographical curiosity, because among the earliest specimens of the art of printing in England. The work itself is not very full; nor is its arrangement re- markably happy. Yet it is esteemed one of the most perfect of the ancient books of common law; and, altho~igh Littleton almost never adduces any authority in support of his opinions, his credit has always been so high, that in the earliest times any thing cited from him was no more considered open to dis- pute or question than a precedent solemnly adjudged by the courts. And sir Edward Coke undoubtedly expressed the common sentiment of his contemporaries when he said, in the tenth Report: Littletoni Tenuras quod attinet,hoc affirmo~ et contra refragantes quoscumque ratum faciam, opus esse sue genere adeo absolutte perfectionis, adeoque de erroribus libe 282 Life and Writi~zgs of Sir Edward Coke. [Oct. rum, atque aliquod aliud mihi notum humanam tractans erudi-~ tionem. But, next to the permanent interest and importance attached to his subject, the great excellence of Littleton, as Reeve observes in his History of the English Law, seems to be a plain, clear, simple and expressive style united with pro- found but unostentatious knowledge, and a comprehensive way of thinking :qua]ities, in which sir William Jones very aptly compares Littleton with the modern jurist Pothier. Sir Edward Cokes Commentary upon Littleton was first published in 1628, and again printed in 1629, under the authors personal revision; for which reason the second edi- tion is always looked upon as the correct text of the Commen- tary. The work has now reached a seventeenth edition in England, the tenth and each subsequent impression to the thirteenth having been much improved by the addition of references, and the thirteenth with the later editions being en- riched with notes from manuscripts of lord Nottingham and sir Matthew Hale together with copious annotations by Har-. grave and Butler. The seventeenth edition also contains additional notes extracted from the papers of sir Francis Buller. If to these we add the notes of the American editor, Mr Day, and the commentary of Houard upon the text of Littleton, we shall have a body of elaborate critical and explanatory an- notations upon this little tract, which are scarcely exceeded in hulk by those subjoined to variorurm editions of the Greek and Roman classics. With regard to the merit of Cokes Commentary, it cannot be denied that, with many excellencies, it has also many faults. The quaintness and affectation of the style in which it is writ- ten, so far as they are defects, may, perhaps, be chiefly charg- ed upon the age, whose delight in significant expressions often degenerated into a love of verbal conceits. Yet this very quaintness is not destitute of its charm; nor does it prevent the language from being precise, clear and expressive. The great objection to sir Edward Coke is the rambling, diffuse, immethodical and digressive manner, which pervades all his writings and greatly impairs their usefulness. Much system, it is true, was not consistent with the nature of a perpetual commentary; because it is not to be supposed that a series of explanatory notes upon the substance, the words and even the etcceteras of a treatise, should constitute a regular whole; but the evil is that, in each individual comment, sir Edward Coke 1821.] Life and Writings of Sir Edward Coke. 2S~ wanders from subject to subject with a pertinacity in disorder, which is really unpardonable. There seems to have been much truth, as well as bitterness, in the remarks applicable to this point, made use of by sir Francis Bacon in his famous letter of expostulation written to sir Edward Coke.. When you wander, said Bacon, as you often delight to do, you wander indeed, and give never such satisfaction as the curious time requires. This is not caused by any natural defect, but first for want of election, when you have a large and fruitful mind, (which) should not so much labor what to speak, as to find what to leave unspoken. Rich soils are often to be weeded.Another defect in the Commentary arose from sir Edwards ignorance, or at least uniform neglect, of the feudal law. I do marvel many times, observed sir Henry Spelman, that my lord Coke, adorning our law with so many flowers of antiquity and foreign learning, hath not, as I suppose, turn- ed aside into this field, i. e. feudal learning, from whence so many roots of our law have, of old, been taken and trans- planted. But the absence of illustrations drawn from the law of feuds is supplied by Butler, in his notes, in a way far more satisfactory than sir Edward could have had the means of doing, and so as to leave the student nothing to regret on this subject. Notwithstanding these defects, the immense erudition of Cokes Commentary, and his wonderful saga city in detecting the grounds and reasons of the law, are unques- tionable, although it is not always possible to find out the ap- plication of his references, and his anxiety to leave nothing unexplained often betrays him into assigning childish and frivolous reasons for things. Sir Edward Coke designed his work, as at the time it ap- peared and long afterwards it was fitted to be, as i~n institute or introduction for the use of students, no less than as a repos- itory of his own extraordinary learning. But, now that the irresistible tide of improvement hath swept away a very large portion of the law comprized in the Commentary, and brought along with it a new system of legal doctrines, better adapted to the wants and spirit of the times, it may reasonably be doubted whether Coke upon Littleton is entitled to the place, which it has hitherto held, of a leading elementary treatise in every plan of legal education. It can be said, on the one side, that a student should become acquainted with Coke as the great authority on all subjects connected with the ancient law,; 284 Lfe and Writings of ~r Edward Coke. [Oct. and on the other it might be maintained, that the same law i~ to be found in a more agreeable form in the modern corn pila.. tions and digests, and that therefore the first Institute should be wholly discarded. There is, however, a medium between these two methods, which is, to read Coke at the close, in stead of beginning, of the course of preparatory legal study; and this we cannot but think preferable to the method recom- mended by Hoffman, in pursuance of general custom, rather than for the soundest reasons, of placing Coke upon Littleton at the head of the doctrine of real rights and almost at the very opening of municipal law. Condemning the student, at such an early period of his novitiate, to the revolting task of toiling through the confused, harsh, uncouth and antiquated pages of Coke is not very likely to conciliate his mind to legal inquiries, nor to give it those habits of systematic inves- tigation, which are peculiarly needful in the science of law. Besides, a student cannot then peruse Coke upon Littleton with advantage; because it is impossible for him to compre- hend fully a large portion of it, and still more impossible for him to discriminate between what is law at the present day and what is not, especially considering the difference between the common law as acted upon in the United States and as understood in England. The rest of sir Edward Cokes works are posthumous. The second Institute is a commentary upon Magna Charts, the statutes of Merton, Marlebridge, Westminster and otherM among the older laws, together with a few enacted in later reigns, which sir Edward has expounded after the manner of his Commentary upon Littleton, with the same acuteness and profound erudition, and not less defect of literary taste. The third and Tourth Institutes have more of the form of system- atic digested treatises than the two preceding; and the fourth, especially, abounds with curious information extracted from the rolls, and still of the highest value on subjects connected with the history and antiquities of the English courts. When to these we add three short tracts, namely, a Reading on Fines, a Treatise on Bail and Mainprize, and the Complete Copyhol- der, we shall have enumerated all the legal publications of sir Edward Coke. The three last portions of the Institute were not published until 14342 and 1644, when the originals having been restored, as we have already noticed, to the son of sir Edward, th~ 1821.1 Ljfe and Writings of Sir Edward Coke. 2% commons ordered an edition to be printed. Roger Coke, who furnished us with this fact in his Detection of the Court and State of England, says that, in the troubles of this period, it was remarkable that the advocates of the king chiefly main- tained his cause out of sir Edwards third Institute, although it was rescued from oblivion and published by the house of commons. It is unfortunate that sir Edward did not live to complete and print these himself; for, owing to their incorrectness, they have never enjoyed so much authority as the Commentary~ upon Littleton or the Reports. Sir John Kelyng mentions a consultation of the judges upon some point of high treason shortly after the restoration, at which it was observed that, in these posthumous works of sir Edward Coke, of the Pleas of the Crown and Jurisdiction of Courts, many great errors were published.Ln 1669, also, Prynne, the celebrated author of Histriomastyx, published a volume of Animadversions on the fourth part of the Institutes, and in which he professes to have detected many illegal doctrines and many statements resting upon very slender proofs. The exalted character of sir Edward Coke in public and private life conspired with the sterling excellence of his works to give them an authority more decided and extensive, than has ever been enjoyed by the legal writings of any other of his countrymen. The most discriminating lawyers have not scrupled to designate him as the great oracle of English juris- prudence. The influence of his works grew up with the gradual publication of his Reports, while he still continued one of the highest law-officers of the crown, and was accus- tomed to the deference of the bar, and the reverence of the rest of the kingdom, as the head of the courts of common law. When he stood forth as the bulwark of the commons against the encroachments on their rights, which the king esteemed it the prerogative of royalty to make, the celebrity of the patriot ensured celebrity to his legal opinions. The subsequent ap- pearance of the Institutes,of the first, which, bulky as it is, reached a second edition in the short space of a year,and of the rest, which came forth most opportunely at a time when the questions agitated between king Charles and his people made continual reference to the Institutes necessary,thc publication of these firmly established the credit of sir Edward Coke, and, as it were, caused his opinions to be interwovei& 286 Small-Pox and Vaccination. [Oct. with the very fabric of the constitution of England. The Reports and Institutes cover the whole ground of the common law, from the prerogatives of the king and the privile~es of parliament down to the lowest copyhold-tenure and the rights of villenage itself, expounding all the complicated doctrines em- braced in these wide limits with a comprehensiveness in the design and a completeness in the filling up, which it was far beyond the skill of any of his contemporaries to out-do, except- ing only sir Francis Bacon. And the writings of sir Edward undoubtedly effected no little of what the English Tribonian had so much at heart, namely, the amendment of the laws of his country by reducing them to an uniform system. For the English Institutes, although executed in a less masterly man- ner than the Roman, obviously stand, like the latter, between the old and the new jurisprudence, serving at the same time as a digest of the one, and as the foundation on which the other has been built up by the Hales, the Holts, the Mans- fields and the Blackstones, who have flourished in England since the restoration of the Stuarts. ART. XIV.i. .Rn account of the Varioloid Epidemic, which has lately prevailed in Edinburgh and other parts of Scot- land; with observations on the identity of Chicken-Pox with mod~fled Small-Pox: in a letter to sir James .111 Gri- gor, Director- General of the army medical department, 4~c. ~c. By John Thomson, M. D. F. B. S. C. Surgeon to the Forces, ~c. London and Edinburgh. pp. 400. 1820. 2. .11 History of the Variolous Epidemic, which occurred in JVorwich in the year 1819, and destroyed five hundred and thirty individuals; with an estimate of the protection afford- ed by Vaccination, and a Review of past and present opin- ions upon Chicken-Pox and modified Small-Pox. By John Cross, membe~ of the Royal College of Surgeons in Lon- don, ~c. London. pp. 296. 1820. THE subject, to which the works before us relate, has with- in a few years excited much attention in Europe, both in the medical profession and in the public at large; yet it has scarcely been heard of on this side of the Atlantic. So completely have we been protected, in this country, by the practice of

Small-Pox and Vaccination 286-310

286 Small-Pox and Vaccination. [Oct. with the very fabric of the constitution of England. The Reports and Institutes cover the whole ground of the common law, from the prerogatives of the king and the privile~es of parliament down to the lowest copyhold-tenure and the rights of villenage itself, expounding all the complicated doctrines em- braced in these wide limits with a comprehensiveness in the design and a completeness in the filling up, which it was far beyond the skill of any of his contemporaries to out-do, except- ing only sir Francis Bacon. And the writings of sir Edward undoubtedly effected no little of what the English Tribonian had so much at heart, namely, the amendment of the laws of his country by reducing them to an uniform system. For the English Institutes, although executed in a less masterly man- ner than the Roman, obviously stand, like the latter, between the old and the new jurisprudence, serving at the same time as a digest of the one, and as the foundation on which the other has been built up by the Hales, the Holts, the Mans- fields and the Blackstones, who have flourished in England since the restoration of the Stuarts. ART. XIV.i. .Rn account of the Varioloid Epidemic, which has lately prevailed in Edinburgh and other parts of Scot- land; with observations on the identity of Chicken-Pox with mod~fled Small-Pox: in a letter to sir James .111 Gri- gor, Director- General of the army medical department, 4~c. ~c. By John Thomson, M. D. F. B. S. C. Surgeon to the Forces, ~c. London and Edinburgh. pp. 400. 1820. 2. .11 History of the Variolous Epidemic, which occurred in JVorwich in the year 1819, and destroyed five hundred and thirty individuals; with an estimate of the protection afford- ed by Vaccination, and a Review of past and present opin- ions upon Chicken-Pox and modified Small-Pox. By John Cross, membe~ of the Royal College of Surgeons in Lon- don, ~c. London. pp. 296. 1820. THE subject, to which the works before us relate, has with- in a few years excited much attention in Europe, both in the medical profession and in the public at large; yet it has scarcely been heard of on this side of the Atlantic. So completely have we been protected, in this country, by the practice of 1821.] Small-Pox and Vaccination. 287 vaccination, and the strictness of our quarantine reguhtions. the efficacy of which, with regard to truly contagious diseases, cannot be doubtedthat we are almost in danger of forgetting the existence of the small-pox; and, if we hear of its occur- rence in other countries, it excites no other emotion than surprise that any part of the world should still continue to be infested by a disease, which, as experience in our own case seems to have proved, might be so easily exterminated. Yet, however great reason we may have to congratulate ourselves on the exemption we enjoy, recent events prove, that it, is necessary we should continue on our guard, and persevere in those measures by which we have been hitherto protected; lest hereafter we should undergo visitations of disease as unex- pected and fatal, as those which have been experienced in Europe. An eruptive disease has within a few. years made its appear- ance in Scotland, in England, and in several other parts of Eu- rope, and prevailed epidemicdly to a considerable extent; and although in general resembling the small-pox, yet it has been attended by so many circumstances apparently anomalous, that some doubt has been at times entertained whether it were not a new disorder of an analogous character, hut dependent on a different contagion. It is now, however, generally ad- mitted to depend for its existence upon the variolous conta- gion, and to present phenomena unlike those which are usu- ally observed, in consequence of the particular circumstances of the individual whom it affects. This epidemic differs from the small-pox, as it has usually prevailed, in some important particulars. It has affected many who have previously passed through the small pox, either natural or from inoculation, and in these it has usually ap- peared in a mitigated form; it has attacked, very frequently, those who have been formerly vaccinated, and in these the disease has been still milder and exhibited the symptoms which characterize what has usually been called the modified or five-day small-pox; and it has presented in many cases, both of the genuine and modified small-pox, so close a resein- blance to the disease called variedla, or chicken-pox, that they have been frequently mistaken for each other, and the most accurate and experienced judges have found great diffi- culty in making the diagnosis between them. But at the same time that these circumstances have been observed, the New Series, No. 8. 288 Small-Pox and Vaccination. (Qet. small-pox has been prevailing extensively in its most malig- nant and fatal form among those individuals who have neither been vaccinated nor previously undergone the variolous dis- ease. These facts, which are so much at variance with the com- monly received opinions upon the subjefl of small pox, seeni to show; either that some change has taken place in the laws by which the disease is governed; that some of the facts re- lating to it have been hitherto overlooked or carelessly observ~. ed; or that a wrong explanation has been given of tbem~ Certainly till within a few years one attack of the small pox was believed to render an individual secure against a second; for as no more than one in several thousands was supposed liable to such an event, the chance in any particular instance wa~ diminished to almost nothing. Indeed many denied altogether the possibility of such cases, ascribing the accounts of them to the inaccuracy or mistake of their narrators, and believing them to have been deceived by aggravated cases of chicken- pox, or by some anomalous disease. The reliance upon th~ efficacy of the cow pox was little less entire, for althougl~ there had been a few instances of the variolous after the vac~ cine disease, yet it was easy to attribute these to imperfect or spurious inoculation; and although the modified small pox, had been for some time known to exist, produced occasion. ally in vaccinated subjects by exposure to variolous contagion or inoculation, yet this had been too rare and too mild a dis.. ease to excite any alarm, and had never been known to pre- vail as an epidemic. Under these circumstances it was not strange that much doubt and distrust should be excited, that the faith of many in the efficacy of vaccination should be shaken, and that various hypotheses should be resorted to, to explain the apparent anomalies which were presented. In order, however, to give a clearer view of the subject, before adverting to any explanation which can be given of the diffi.~ culties it presents, we proceed to give a slight sketch of the history of the epidemic, as it appeared in various places. Its first appearance in Scotland, we believe to have been at Forfar in the month of October 1813. In that place it affect- ed both the vaccinated and those who had undergone neither the vaccine nor the variolous disease. In the latter elass of subjects, it exhibited very clearly, in the opinion of the medi- cal practitioners, all the characteristic symptoms of small-pox; 1821.] Small-Po~r and Vaccination. 289 but in the former, its course and appearance were so different, as to occasion some doubt whether it were really the same disease, had it not seemed to have been always produced by the variolous contagion. The number of these cases amounted to a hundred and fifty; and in addition to them, the contagion produced small-pox in six individuals who had previously passed through it either naturally or from inoculation. In 1815, the varioloid epidemic, for by this term it has been designated to distinguish it from the small pox as it usually prevails, appeared in Edinburgh; in 1818 and 19 it again appeared and was prevalent in that city. It presented itself likewise in Cupar in Fife, in St. Andrews, in Dundee, and in various other places in Scotland, exhibiting every where the same general aspect and confirming the same general facts. Dr Thomson enters into a particular account of five hundred and fifty six cases of the epidemic, as it appeared in Edin- burgh and its vicinity, which came under his particular obser- vation. Of this number two hundred and five occurred in persons who had passed through neither small-pox nor cow- pox, and these exhibited all the decided characteristics of the true variolous disease, in different degrees of severity. Of the whole, fifty died, giving a proportion of deaths nearly as one in four, and of course the cases were for the most part of a severe and dangerous character. Forty-one of those who were affected by the epidemic, had passed through either the natural or inoculated small pox~ at intervals of time varying from ten days to fifteen years before their present attack. In these, the disease possessed the same general characteristic symptoms, but in a milder degree, and resembled the cases which have been formerly described under the names of horn~. pox, sheep-pox, swine-pox, & c. In addition to the results of his own observation, Dr Thomson became acquainted with thirty similar instances which occurred under that of others, and of the whole, seventy-one in number, only three died; about one in twenty-three. In the remaining three hundred and ten individuals, vaccination had been performed, at intervals of time from a few weeks to fifteen years before. These were all affected with the small-pox modified, or, in other words, the varioloid disease; a mild complaint bearing a general resemblance in its progress to the small-pox, but much shorter in its duration and leaving the patient without an attack of secondary fever. Of the three hundred and ten, forty had a 290 and Vaceinat~on. Oct~ second attack of the same disease at different intervals and with various degrees of severity. Of the whole number, one died; but in this case, there was a complication of symptoms arising from other causes, to which the death was, partly at least, to be ascribed. The epidemic small-pox, as it appeared in Norwich, corres- ponded in all its essential particulars, to that which prevailed in Scotland. Vaccination had not been very extensively adopted among the poor, and there were consequently fewer cases in proportion, of the varioloid disease among the vacci- nated, than in Scotland. The disease itself was likewise more mild and the mortality less in proportion. Still from the great number of the unprotected, that is, of individuals who had gone through neither the variolous nor vaccine disease, the sickness was extensive and the mortality considerable. Of somewhat more than three thousand who suffered from the small-pox, five hundred and thirty died, about one out of six. Of one hundred and twelve families, in which Mr Cross per- sonally attended during the prevalence of the epidemic, con- taining in all six hundred and three persons, two hundred were affected with the small-pox, and forty-six died. Of the remaining individuals of these families, two hundred and ninety- seven were secured by previous small-pox; ninety-one had been vaccinated, ten had resisted the small-pox formerly, and these with five others, children, resisted it during the epidemic. Of the vaccinated, two were affected with the modified small pox from exposure to the contagion, one with what was called chicken-pox, and three others with some slight eruptive dis- ease, not seen by a physician. Mr Cross is of opinion, that about one in twenty of the vaccinated in the city were attack- ed by some affection of this kind during the epidemic. He relates six well authenticated cases of genuine small-pox after vaccination, two of which died, and several instances of its occurrence for a second time in the same individual. At nearly the same period the small-pox made its appear- ance in Derby, Liverpool and Plymouth in England; in Doug- hs and other places in the Isle of Man; in Millau, Montpelier and Marseilles in France, in Geneva, in various parts of Hol- land, and in the kingdom of Wirtemberg, exhibiting every where nearly the same phenomena, with the same exceptions to the usual laws of its progress which had been observed in Scotland. Every where a proportion of the vaccinated, dur 1821.] Small-Pox and Vac~ination~. 291 ing the prevalence of the epidemic, were affected with the varioloid disease, at the ~same time that the unprotected were laboring under genuine small-pox. At Millau, a town in France containing about eight thousand inhabitants, two hun- dred vaccinated subjects fell ill with the modified small-pox, not one of whom died; whilst at the same time two hundred children, who had not been vaccinated, were destroyed by the genuine disease. The circumstances we have detailed in this sketch of the history of this epidemic are almost sufficient alone to satisfy us of the identity of the small-pox and varioloid disease, and their common origin from the same contagion. But there are others by which this may be farther confirmed. The vario- bid disease existing in the vaccinated produces the variolous in the unprotected, and on the other hand is produced by it, the contagion seeming to pass from one subject to the other unaltered in its nature and only producing different effects in different individuals according to the state of their several constitutions. Inoculation with the matter of the varioloid eruption will excite true small-pox in the unprotected, and the virus of small-pox will occasionally induce the varioboid dis- ease in the vaccinated. Still further, it has been produced by Dr Willan, by inoculating with the variolous and vaccine n~at- ter at the same time, and the same result has followed when an individual who has been exposed to the contagion of small pox is inoculated with the matter of cow-pox before the symp- toms of the former have begun to manifest themselves. The question now naturally occurs how are we to account for the facts, established by the experience of this epidemic, which appear to contradict former experience and belief. These facts are in substance these, that genuine unmodified small-pox has, not unfrequently, occurred for a second time in the same individual, and has also occasionally taken place after vaccination; and that a mitigated eruptive disease has beea produced, in a very considerable number of those who have been vaccinated and in many of those who have had small pox, by exposure to the variolous contagion; that these cases have exhibited great varieties of symptom in different individ- uals, in many corresponding to the disease known by the name of modified small-pox, in many presenting appearances so similar to those of the chicken-pox as frequently to be mis taken for that disease, and to induce many physicians to 292 Small-Pox and Vaccination. [Oct. believe that the chicken-pox is only one of the forms in which small pox is sometimes presented. With regard to a second attack of genuine small-pox, we are not sure there is any sufficient reason for believing that it has lately occurred more frequently than it formerly did. The fact probably is, that it has not been heretofore so uncommon an event as we are apt to imagine. Mr Hennen, a surgeon of distinction, has given a list of no less than a hundred and fifty medical writers who have recorded instances of this kind. The increased number of well authenticated cases, we are inclined to attribute to the more strict attention which has been lately paid to such occurrences, to the more liberal and un~ prejudiced manner in which they have been observed, and to the growing habit of communicating such observations, can- didly, to the public. The belief on this subject, as on many others in medicine, seems to have been handed down, without undergoing a very strict investigation, from generation to gem eration. We are slow in giving credence to facts whose ten- dency is to overthrow principles we have always regarded as firmly settled, and very ready to seek for some method of ac- counting for them which shall explain them away, Without breaking in upon our established habits of belief. It is, however, more difficult to account for the facts relating to the prevalence of modified small-pox or the varioloid dis- ease after vaccination and after previous small-pox. The cases which have followed vaccination have been by far the most numerous, and have more constantly accompanied the epi- demic in considerable numbers, than those which have suc- ceeded the small-pox, and we shall first proceed to notice some of the explanations which have been given of their occurrence. A circumstance, to which the Directors of the National Vaccine Establishment attribute the frequent failures of the cow-pox to give complete protection, is, that the process has not been conducted on the plan recommended by this board, and which experience has proved to be the most efficacious. This plan is no more than to make at least four separate inser- tions of the matter, and to leave at leasr one vesicle to run its whole cnurse without being opened. That this method is the more likely to insure the production of the disease in any individual instance is clear enough, but that it is more certain to communicate it efficaciously is unsupported by any proof whatever. The cow-pox is truly a specific disease. If an 1821.] Small-Pox and Vaccination. 293 individual has it at all, he has it completely, there is no taking it by halves. One true vesicle which goes regularly through its course is as good as a dozen, just as in ~inoculated small-pox, twenty pocks are believed to he as good evidence of an effectual disease as so many hundred. There may be a difference as to the degree in which the system feels the disease, denoted by the degree of constitutional sympathy, but not as to the actual affection of the system itself or the completeness with which it is pervaded. Indeed, it does not seem to be required that the whole four or any particular number of the punctures should take effect and excite vesicies; and we have little doubt that one genuine vaccine vesicle ~out of four punctures is considered at London, as effectual as one out of two is at Edinburgh. Indeed the experience of the epidemic shows~ that the method of inoculation practised in Scotland, which has been by one or two punctures only, was found perfectly effectual in the large majority of instances to prevent the small- pox, and in others to modify it when excited; and no differ. ence was observed between those who had had only one, and those who had two, three, or four vesicles, in their power of resisting the variolous contagion. And as has been observed by a writer in the Edinburgh Medical and Surgical Journal, While on the one hand in many cases, vaccination, which the establishment would have called perfect, has given imperfect security, there have been on the other hand many cases which vaccination, which they would have called imperfect, has given perfect security. As to the deterioration of the vaccine matter in passing through a succession of individuals, it is remarked by Dr Thomson, that such a fact would present an anomaly in the history of contagious diseases, for I am not aware that any thing analogous to this alleged deterioration has ever been observed to occur in any of the other contagious diseases that are capable of being communicated by contact or inoculation from one human being to another. I know, in point of fact, that the vaccine virus which has been used at the Royal Pub-. lie Dispensary here, and in other parts of Scotland, for a series of eighteen years, still continues to produce in those who are inoculated with it, the very same appearances which it pro.- duced on the first trials which were made with it, and that these appearances agree exactly with those which have been delineated and described by Dr Jenner as characteristic of cow-~ 294 Small-Pax and Vaccination. [Oct. pock; and I know also, that the appearances of the vaccine vesicle produced by this matter which must have passed through a succession of at least nine hundred individuals, agree exactly with those exhibited by vesicles produced by inoculation with the more recent equine matter with which I have been favored by Dr Jenner. Besides, I have seen a variety of instances, and have heard of more in which the varioloid disease during its late prevalence in Scotland, has attacked individuals who had been inoculated with cow-pock matter at an early period of the practice of vaccination obtain- ed from the most authentic sources. Thomson, pp. 315 16. Neither is it probable that the destruction of the vaccine vesicle in its early stages, by scratching, rubbing, or the ab- straction of matter for use, on which Mr Cross lays some stress, will account for any considerable proportion of the cases. Some of these accidents frequently take place, and no doubt it will sometimes happen that by the destruction of the vesicle in its early stage, the disease may be cut short. But when this has any effect in arresting the progress of cow-pox it must leave the individual afterwards liable to attack from small-pox in its genuine form, whereas this is a very rare occurrence, and the usual character of the disease to which such persons are subject is the varioloid. The vaccination then must have produced some effect upon the system, and as we have before observed, if the disease exists at all, it affects the constitution as thoroughly as it is capable of being affected. The destruc- tion of the local affection, after the system is once impregnated with the disorder, will no more cut it short, than quenching the match will extinguish the flame which it has kindled. Another explanation of the phenomena of the epidemic has been, that the protecting power of vaccination is weakened in time, and this is a question of very considerable importance to determine. Many vague opinions and vague statements have been promulgated with relation to this point, but there are no facts which afford any absolutely decisive evidence. A few of those who have written on the subject, observe, that they have thought the varioloid disease more likely to occur, and more severe when it did occur, in those who had been vacci- nated for a considerable length of time, than in more recent cases; but the general opinion is upon the whole, that the power of the cow-pox is not diminished by time. Dr Gibson 1~2I.] 2mall-Po3~ and Vaccination. of Lanark, states, that of two hundred and fifty.~one cases of varioloid disease, rather more than one fifth appeared within the first year; that one hundred and nine occurred within the first five years, eighty-two in the next five, and the remaining sixty between ten and seventeen years after vaccination. In nearly all the statements the greater number of cases have happened within the first two years and in short the varioloid disease has occurred at all periods of time from a few weeks, or even days, to twenty years after vaccine inoculation, and perhaps the most severe, though not the most frequent cases have taken place where several years have elapsed, but this is rather to be attributed to the greater age of the patient than to the diminished power of the cow-pox, since it has always been found that the severity of the small-pox is increased as the sLIh~frw~t is advanced in years. The work of Dr Thomson is principally written with a view to establish his theory of the identity of chicken-pox and small-pox, and their mutual dependence on the same conta- gion; it cannot be denied that this, if proved true, affords a better explanation of the circumstances attending the epidemic itself, than can be given in any other way, although it does not well correspond with what has been previously known and believed of the nature and history of these diseases. It is stated by many, indeed by nearly all the practitioners who have written on this subject, that the milder cases of the small- pox, and many of those of the varioloid disease were at first supposed by them to be chicken-pox; and that they were only convinced to the contrary by the most undoubted proof that the whole were the result of the variolous contagion. The history of the cases which appeared in the castle in Edinburgh, of which Mr Hennen gives an ample account, seems first to have suggested to him the hypothesis which he has adopted and attempted to defend. The facts with regard to those cases were in short, that a son of Mr Hennen who had been vaccinated ten years before, had two perfect cicatrices on his arms, and had been repeatedly exposed to the contagion of small- pox in different places, was taken ill with a disease supposed to be aggravated chicken-pox. Under this impression six in- dividuals were inoculated with matter taken from his body, who had undergone neither the variolous nor the vaccine dis- ease, and in them the result of the operation was the inoculat.. ed small-pox. From them the same disease was communicated New kSeries, .N~o. 8. 39 296 Small-Pox and Vaccination. [Oet~ by exposure to a number of other individuals, one of whom died. Many cases of the same general character are t~dduced by Dr Thomson to show that the same contagion produced small-pox and chicken-pox indiscriminately, and that there were no cases of the latter disease which could be traced from individual to individual, and proved clearly not to have been connected either in their origin or consequences with the for- mer. His object on the whole is to show that chicken pox is nothing more than a disease produced by the contagion of small-pox, but rendered mild, and varied in its characteristics, either by cow-pox, previous small-pox, or by peculiarity in circumstances or of constitution. He adduces much evidence to show that chicken-pox has seldom been known to occur in those who have been affected by neither small-pox nor cow- pox, and seldom prevailed epidemically without the occur~ rence of cases of the small-pox at the same time; all which i~ what would be expected to happen on the supposition that his hypothesis is well founded. But without entering into a consideration of the objections to this system, derived from the history and appearance of the chicken-pox itself, we may briefly observe, that the question may be speedily put to rest by a reference to the experience of this country for the last twenty years. Chicken-pox, in the form described by Dr Willan and other accurate obser- vers in Europe, is a disease here of frequent occurrence, pre- vailing equally in all classes of subjects, whether they have un- dergone small-pox or cow-pox or neither, exhibiting in its severe forms a near approach to the milder cases of small-pox, but never giving rise to any thing like a strongly marked case of that disease. Now this is a fact notorious to every practitioner of medicine among us, and is alone sufficient to settle the controversy. Small-pox has been in effect exterminated with us by the introduction of vaccination, and yet chicken-pox continues to exist. Were the opinion of Dr Thomson correct, this ought not to be the case; we ought, either to be entirely free from both these diseases or from neither, for neither could prevail singly. There are thousands, more particularly in the interior parts of our country, who have never undergone vac- cination nor the variolous disease. These are, no doubt, fre- quently exposed to the contagion of chicken-pox under circumstances the most favorable for its communication, and should, in a few cases at least, suffer the disease in the form 1821.] Small-Fox and Vaccination. 297 of small-pox were the two affections the same. It is desirable that a collection of the facts on this subject, although of no immediate practical importance, should he made with a view of illustrating the history of the chicken-pox in this country, and by that means settle the controversy which seems yet to be carrying on in Great Britain. If then we can attribute the peculiar phenomena of the varioloid epidemic to none of the circumstances of which we have taken notice, the question still recurs, how are we to explain them; and we do not believe that any better account can be given than that which ascribes them to some peculiari- ty in the constitution of the epidemic, which gave it more than ordinary power and increased the susceptibility of indi- viduals to be affected by it. That the contagion of this epi- demic has been unusually virulent, appears to be the general opinion of those who have been conversant with it. In par- ticular years the mortality of variolous epidemics has not amounted to one in fifty; whereas, says Dr Thomson, the mortality of the present epidemic has, according to my obser- vation, been not less than one in four of the unprotected who have been attacked by it. When a variolous epidemic shall again occur of a milder kind it appears to me probable, that the number of those who may be attacked with secondary small-pox and with small-pox after vaccination, will be greatly diminished. It is obvious that small-pox, although depending upon a specific cause for its production, is yet capable of being so modified or mitigated by collateral circumstances, as to ap- pear in very different degrees of severity. When prevailing epidemically it is rendered more frequent and more fatal by par- ticular states of weather; thus both in Edinburgh and Norwich there was a great increase in the number and mortality of the cases during the summer months. It is known, says Dr Turner in a letter to Dr Thomson, that in Africa small-pox cannot be communicated by inoculation during the Hermattan winds; and I have heard it stated by a highly respectable practitioner in Calcutta, that during the hot season there, small-pox cannot be inoculated, that it ceases to spread, and that a slight, vesicular disease only prevails, which is regarded as chicken-pox. Thomson, p. BOO. There are some indi- viduals who seem to be under ordinary circumstances not susceptible to the contagion of small-pox. Mr Cross found 298 Small-Pox and Vaccination. fifteen cases of this kind in a hundred and twelve families, consisting of six hundred and three persons; but during the prevalence of the epidemic in its most violent stage, it was found that many people of this description who believed them- selves proof against contagion were attacked by it. And the case of one person has been mentioned, who after living as an attendant for twelve years in a small-pox hospital unaffected by the disease, finally took it and died. All this serves to show that small-pox, like other diseases, is produced easily or with difilculty, in a mild or severe form, according to the state of the system, as depending on natural constitution, the state of the weather, or the peculiar constitu- ion of the epidemic; and that the degree of susceptibility in any individual case may be varied to an almost indefinite degree by circumstances, some of which we can, and some of which we cannot perceive to operate. It was on this principle, that the practice was founded of carrying a patient through a course of preparatory measures before exposing him to the small-pox, in order that his system might be disposed to have the disease in its mildest form. The same considerations appear to us to explain, why cow-pox, although under ordinary circumstances an effectnal preventive, has been found to fail during the ex- istence of a malignant epidemic. Cow-pox probably protects the system from the influence of the variolous contagion, pre- cisely as small-pox protects it; by producing an indisposition to enter into that train of actions in which the disease consists, a want of susceptibility to the stimulus of the contagion. This is in effect very much the same thing to the constitution, as exists in those who are possessed of a natural power of resistance. Under the usual degree of exposure these are each found a sufficient protection; but when the exciting causes of small-pox assume an extraordinary degree of vso- lence, or when the unknown causes of epidemics have pro- duced in those exposed to their influence a morbid predispo- sition, all these barriers are found to give way; and individuals, who have been vaccinated, who have been inoculated for small-pox, or have before always resisted the influence of the contagion, become affected by the disease with greater or less severity, and in a greater or less proportion according to other circumstances, whose effects we cannot estimate. We may observe, in confirmation of this opinion, that in London, where the contagion of small-pox is constantly pre 1821.~ Small-Pox and Vaccinatio#. 29Q sent, where 1051 individuals have lately died of it in a single year, cases of the disease in any form after cow-pox are very rare; whilst at Edinburgh and in many other places in Scot- land where it seldom appears unless casually introduced, they have been exceedingly common. The reason of which would be, that in London the disease was merely kept up by inocu- lation and the exposures consequent upon it, whilst in Edin- burgh it was cherished and propagated by a general predispo- sition which had been in some way excited among the inhabitants of the districts where it prevailed. A predisposi- tion, not necessarily perhaps to this particular disease, but one which rendered the system liable to be affected by any other, of which the appropriate exciting causes should be applied. And it actually happened, that at Edinburgh and some other places a fever of the typhus character was prevailing epidern-~ ically at the same time with the small-pox. When these circumstances are considered, it does not appear so extraordinary, nor inconsistent with former experi- ence, that cow-pox should not prove so perfect a safeguard against the small-pox as it was at first supposed. When the cow-pox was originally put to the test, it was done by inocu- lation, by the exposure of individuals to the atmosphere of a small-pox hospital for a longer or shorter time. It was sup- posed at that time, and indeed would he generally now sup- posed, that those who were capable of having small-pox at all, would take it in this way. Besides the number of vaccinated subjects who are thus exposed, must, from the nature of the case, be extremely limited. Now this is something very different from the exposure of the whole inhabitants of a large city to the contagion of the small-pox in its most malignant form, assisted too in its ravages by the existence of an epi- demic predisposition to disease, affecting all who were expos- ed to its influence; and it is only under such circumstances that the failures of cow-pox have been frequent. We may likewise add, that it is not improbable that many more cases of modified small-pox after vaccination have formerly occurred, than has been believed, and from their near resemblance in appearance to the chicken-pox, have been attributed to the contagion of that disease. Thi~ we are persuaded must have been the case with respect to most of those instances where the small-pox, in its modified form, has attacked an individual for a second time. It is not probable that any great change 300 Small-Pox and Vaccination. [Oct. can have taken place in the laws of this disease. It is much more likely that under similar circumstances it formerly ap- peared as frequently for the second time as it has lately, but that physicians, strongly impressed with a belief that such an occurrence was almost impossible, admitted only the few severe cases to be truly variolous, whilst all the remainder were attributed to chicken-pox or classed together as spurious diseases under the names of horn-pox, swine-pox, sheep-pox, stone-pox, & c. and these, it is to be remarked, were gener- ally found to prevail at the same time with the small-pox, indeed seldom or ever appeared at any other, and were there- fore probably cases of small-pox mitigated in consequence of the previous occurrence of that disease. It is sufficiently obvious, from the statements which have been already made, that there is no cause for relinquishing our faith in the value of vaccination. Indeed the experience of the late epidemic has had rather the effect to strengthen the oonfidence of those who had an opportunity of observing its effects. The safety, the mildness, the short continuance of the disease in the vaccinated, was so strongly contrasted with its severity, and its fatality in the unprotected, as to produce per- haps a more sensible impression upon the lower classes of the community of the advantages of vaccination, than would have been produced by their entire exemption. Of such import- ance, however, is it, that this point should be clearJy made out and fully understood, that we deem it proper to dwell more particularly upon the direct evidence which goes to establish the efficacy of vaccination lest any misconception of the facts as they have been stated should lessen the faith of any in this invaluable discovery. It appears then to be established beyond the reach of doubt, that a very large majority of the vaccinated resist the small- pox under all circumstances of the most intimate exposure to its contagion. It is of course extremely difficult to state the ex- act proportion of those who do suffer, yet we have some data from which a general estimate can be formed. According to Mr Hennen, only one out of eighteen of the vaccinated chil- dren in the castle at Edinburgh took the small-pox. In the work of Mr Cross, as we have already seen, of ninety-one individuals who had been vaccinated in one hundred and twelve families, but two were affected with modified small- pox, one of whom had only twenty pustules; one was attacked 18211 Small-Pox and Vaccinatirn. 301 with what was called chicken-pox, and three others with slight eruptive diseases, not seen by a physician, the severest having only eleven pustules. These families were of the poorer class, where many individuals were crowded into one room, and where the vaccinated were constantly sleeping in the same bed with those laboring under the natural small-pox. But in addition to this In the month of June, says Mr Cross, I visited five hundred families in those parts of Norwich where I was least acquainted, in order to ascertain the proportion and extent of the failures af- ter vaccination. In the course of these visits I took an account of thirteen hundred and seventy-seven persons under twenty years of age. Of these, three hundred and fifty-eight had small- pox formerly; three hundred and fifty-seven were seized with it lately, and fifty of them had died; four hundred and twenty had been vaccinated at different periods from fifteen years to a few weeks, and eleven of these had lately suffered from an eruptive disease, unattended with danger, but seeming in most of them to have been modified small-pox; two hundred and forty-two were still liable to small -pox. In thirty-one families, those who had had cow-pox were living in the same room or lying in the same bed with others, suffering or dying from natural small-pox, yet remain- ed perfectly safe, with the exception only of one child, whose mother reported that it had ten pustules! From some cases which I had seen in other quarters and of which a more particular ac- count will be given, I was surprised to find no more serious fail- ures after vaccination, and was astonished, considering the way in which the practice is unavoidably conducted an~ong the poor, to find it so very effectual. Altogether in the course of five months I met with seventy-seven families where the vaccinated were in the same room with small-pox; and none of them had any serious disease, and not above one in thirty had any eruptive cfisease at all. p. 38. He observes subsequently Including the mildest cases, which compose the majority and have been continally regarded as chicken-pox proceeding from the variolous contagion, I believe that not more than one in twenty persons will be in any way affected by the most intimate exposure to small- p ox in the same room, and that less than one in fifty will have the disease in a form answering to the generally received description of modified small -pox. Considering that these cases occur in the midst of the most destructive small-pox, and that the severer bear a close resemblance to this disease, nothing is more striking than the comparatively little danger which attends 302 SmalT-Pocc and Vaccination. [Oct. them, scarcely an instance being on record in which they have proved fatal; and therefore they must be regarded as vastly milder than the small-pox produced by inoculation. p. 192, 193. It is seldom that in a vaccinated individual the disease is such as to be considered as the genuine unmitigated small-pox, and rare, very rare, that it proves fatal. Still, it cannot be de.. nied, that there have been cases both of the occurrence of the small-pox unmodified, and cases also in which it has proved fatal in subjects who had previously been supposed to pass through the cow-pox. The proportion of such cases it is, of course, almost impossible to ascertain. The facts by which we come nearest to the truth are furnished by Mr Cross, whose indefatigable assiduity in searching into every part of this subject cannot be too highly praised; in the city of Nor- wich, containing above forty-seven thousand inhabitants, he calculates that there were about ten thousand who had undergone vaccination. Of these he was able to discover only six who had suffered from small-pox, and of these two died. But there was evidence that during the same period at least as many cases occurred of regular small-pox in those who had previously gone through that disease either in the natural or inoculated form ; thus forming a complete offset to the cases after vaccination, and showing the cow-pox to be at least as perfect a security as the small-pox itself. It is proper to notice here the strong probability which exists for believing that many of the cases where regular small-pox occurs in those who are supposed to have had cow- pox, may be owing to some imperfection in the processes of the latter disease, by which it is prevented from communi- cating its influence to the whole system. We have be- fore given our reason for believing, that the great mass of cases of modified small-pox are not to be attributed to any such defect. But where the modifying influence is not at all perceived, there are not the same objections to the opinion that the occurrence of the disease is owing to imperfect vaccination, and when it is considered that many ~ircumstances of apparently trifling importance are well known to obstruct the regular progress of the cow-pox, the probability is much strengthened that the small-pox occurs in some of those cases where such an obstruction has taken place. Very slight cutaneous diseases, rickets, scrofula, & c. have this effect. 1821.3 Small-Pox and Vaccination. 3O~3 An author, says Mr Cross, who recently undertook an inves- tigation of the causes of failure of vaccination in Silesia, has re- lated that in 1816 above a hundred wh6 had been vaccinated had small-pox in the same district, and some of them died. It ap- peared that they had all been vaccinated by the same surgeon, who was suspended from his appointment as vaccinator whilst an inquiry was instituted by a medical committee expressly appoint- ed, to discover the sources of so much mischief. It was ascer- tained that the surgeon had been in the habit of taking ichor as late as the eleventh day, often from vesicles which had been rub- bed or scratched, so as to be injured in their structure, and had even raised an imperfect scab to obtain what moisture he could from beneath it to vaccinate with. pp. 196, 197. Frequent failures of vaccination are related by Dr Elsasser to ha1ve occurred in a district in the kingdom of Wirtem- berg, where scabies was so endemic that not above one in fifty was free from it. It was found on inquiry that a child with scabies had been inoculated, and that the ichor from its arm had been used for vaccination and thus propagated an imperfect disease. It appears from the work of Mr Cross, that of five hundred individuals whom he vaccinated during the epidemic at Norwich, of whose cases he kept a record, only three hun- dred eighty-four had the disease satisfactorily. And although the greater part of the remaining one hundred and sixteen did probably undergo the cow-pox, yet there was not that full evidence of the fact, which should make the vaccinator feel secure that they were not liable to small-pox. But in judging of the real value of the cow-pox we are not merely to look into its absolute merits as a preventive of the small-pox, but view it in comparison with the only other method which has appeared to offer any tolerable chance of lessening its ravages, the variolous inoculation. And we may make what seems at once a conclusive statementthat every individual who submits to this expedient, undergoes a disease more severe and dangerous than the modified small-pox as it occurs after vaccination, with this difference, that in the for- mer case the disease and the danger are certain, in the latter they are contingent, and happen only to one individual out of fifty of the vaccinated. Vaccination, says a writer in the Edinburgh Medical and Surgical Journal, if not so good an antidote against small-pox as it was once thought, is at least the best that is to be had. And that this is the state of the fact no one can reasonably deny, who considers for a .New Series, No. 8. 40 ~3O4 Small-Pox and Vaccination. [Oct~ moment the protection that was actually given in the city of Norwich to ten thousand vaccinated persons. Of these, we have seen that only two died of the small-pox, when a viru- lent epidemic visited the city, and affected almost every one who was liable to the contagion. Had these persons been protected by variolous inoculation, conducted in the best manner and under the most favorable circumstances, at least thirty-three of them, one in three hundred, would have died of the process intended to protect them; so that, in ~ompar- ing the advantages of the two methods of prevention, we have to weigh two deaths certain against two contingent on the nwasion of an epidemic small-pox; and then we have to con- sider, whether there might not be nearly as great a chance of two persons out of ten thousand inoculated for small-pox, tak- ing fatal small-pox on exposure, at a subsequent period of life~ to a virulent contagion. No. 66, p. 127. There is no doubt that an attack of small-pox, either regu- lar or modified, is much more frequent after vaccination, than after the variolous disease itself; hut on the other hand, the dis-~ ease would seem to be in the latter case much more frequently fatalfor whilst Dr Thomson records only one death out of three hundred and ten who had modified small-pox after vac- cination, he mentions three of seventy-one who were attacked with it for the second time. So that were this point capable of an exact investigation, it might appear that the number of deaths in the one class of individuals might be no more than a balance for those which occurred in the other; and thus the value of vaccination, as compared with the variolous inocula- tion, would stand as high as its most unqualified defenders have ever placed it. This comparative statement would be conclusive against the variolous inoculation, supposing it to be universal and to produce all the good of which it is capable; but if we consider it as it has been managed, and judge of it by its effects, we believe it to be no extravagance to say that it has been of in- calculable injury to mankind. To the rich and intelligent who could and would take advantage of it, it was a safeguard, but to the poor and ignorant who doubted of its efficacy or had not the means to avail themselves of it, it proved a de- stroying angel, carrying pestilence and death into a thousand quarters where they need never to have come. By a vigilant execution of judicious laws, small-pox, like the plague, might have been banished from Europe, but inoculation multiplied 1821.) Small-Po~5 and Vaccination. 306 the points from which the contagion spread and kept up the disease. So obvious was this effect of the practice, that in many countries it was forbidden by law. In Great Britain, however, it continued and continues till this day; and that not merely in hospitals, but patients have been permitted to be vaccinated abroad, and thus to carry the contagion among thou- sands whose poverty or ignorance prevents them from having recourse to the same safeguard, and whose miserable habita- tions and filthy habits give certainty and efficacy to the poison, whenever they are exposed to it. It would not be difficult, we believe, to shew that in most instances of the epidemic, the small-pox has been first commu- nicated or afterwards disseminated by means of the variolous inoculation. The disease when introduced into the city of Norwich remained almost dormant for nearly a year, affecting only a few individuals, until an alarm being excited, four or five hundred persons were inoculated, each of whom thus became the centre of contagion. And in the adjoining country, Itinerant inoculators, irregular practitioners, and old women introduced and extended the disease to all quarters by inocula- tion, regardless of the admonitions given them, because the law authorized no direct measures against them. These disastrous effects were most severely felt in the county of Norfolk, the dis- ease being thus continually introduced into parishes previously free from it. Gross, p. Q 19. This injurious result of the practice of inoculation is depicted by many in the strongest and most feeling language. One sur- geon states that, from the first person who casually fell down with small -pox in his neighborhood, forty were immediately inoc- ulated, spreading the disease in all directions; another, that in fou~r parishes out of five, where he attended variolous patiei~ts, the contagion was brought by an irregular practitioner, who went about inoculating; a third, that a child went to an adjoining town to get inocu a e , and became the centre whence the contagion spread through all the parishes under his care; a fourth, that a man of bad character and not at all acquainted with medical sub- jects, had, for a small gain, made it his business to extend the dis- ease far and near. p. 270. Of the country surgeons in the neighborhood of Norwich, thirty-eight from various motives consented to communicate the small-pox by inoculation during the epidemic. Of those whom they inoculated, twenty-one died, and according to the usual proportion of deaths, the whole number who had submitted S0& Small-Pocc and V~7sccination. ~ to the disease under regular practitioners would be six thou.. sand three hundred. Medical men, however~ inocuJ~ted comparatively very few during the year of the epidemic. The greatest inoculators were the parents of poor children, farriers, blacksmiths, tailors, shoemakers, and old women. The effect which the introduction of the v~riolus inocula- tion had, to increase the actual number of deaths from small- pox, has been strikingly illustrated by sir Gilbert Bh*ne, in th~ Transactions of Medical and Chirurgical Society of LQndon, by a comparative statement of the mortality in London dun.. ing four different periods of fifteen years each. The first in- cludes the fifteen years immediately preceding the introduction of the variolous inoculation which took place in 1721 ; the second an equal length of time taken after the practice had become well established, beginning with the year 1745; the third refers to the fifteen years immediately preceding the dis- covery of vaccination ending in 1798; and the fourth embr~.. ces fifteen years, beginning with 1804, after vaccination had become extensively practised. The result of his computations exhibits the ratio of the number of deaths from small-pox t~ the whole number of deaths. In the first period 1 death in 12.7 or 78 in 1000 were from ssna1I.po~ second 1 11.2 or 89 in 1000 C~ third 1 10.6 or 94 in 1000 fourth 1 18.9 or 63 in 1000 CC Applying these estimates to the whole population, sir Gil- bert calculates that 23,134 have been saved during the last period in the metropolis of that country, which has less adopted vaccination than any other civilized country in the world. It is not a little remarkable that the nation, which. has th~ glory of having discovered vaccination, should have done less than any other towards the extermination of the small-pox, although in none have the. medical profession been~ more generally convinced of its value, or more cordially dis- posed to co-operate in its diffusion. The continuance of the practice of inoculation, which has been relinquished by the good sense or forbidden by the laws of other communities,, seems to be the principal reason why a greater effect has not been produced. By the laws of Great Britain, the public pro- pagator of small-pox, who for a trifling fee jeopardizes the lives of thousands, is only liable to an action for misdemeanor; and of the execution of the law which authorizes this there is only one instance, and that was of a parent who carried her 1821.] & m~tdl-PoLv and Vaceinati on. ~3O7 ehild through the streets of London whilst laboring under small-pox, from which eleven persons took the disease and eight died2 The pertinacity with which the ignorant part of the public cling to their right of having the small-pox as their fathers had it, would be not a little ridiculous, were it less seri- ous in its consequences. And these consequences, we are convinced by the statements of Mr Cross, must be more mel- ancholy in the country than in cities, and could the calcula- tions of sir Gilbert Blane be extended to the whole of Great Britain, the proportional increase of mortality from inoculation would probably be found greater. In fact, he observes, It was in the rural population that the effect of inoculation in dif- fusing small-pox was chiefly felt. In this situation there is much less intercourse of persons with each other than in towns, so that not only many individuals escaped from expos- ure to this infection during their whole life, but whole districts were known to have been exempt from it for a long series of years before it was universally diffused by inoculation. Even were vaccination far less effectual as a safeguard to individuals against the small-pox than the variolous inoculation, the power which it unquestionably possesses of completely exterminating the small-pox, gives it claims infinitely superior upon the attention of the world. This is and ought to be the principal object in view, and a few statements will be sufficient to settle every doubt of its practicability. So soon as the year 1804, no cases of the small-pox occurred in Vienna, with the exception of two strangers who came into the city with that disease upon them. In Denmark, vaccination was introduced in the year 1800, by laws which were rigidly en~ forced. By these it was ordered that no individual should be received at confirmation, admitted to any school, bound ap- prentice to any trade, or married, who had not been vaccinat- ed, unless he had formerly undergone the small-pox. The effect has been that small-pox no longer exists and has scarce- ly been heard of since 1808; and whereas five thousand five hundred individuals died from it in the city of Copenhagen alone, for the twelve years preceding the introduction of vac- cination, in the year 1805 not a single death occurred, and in the whole Danish dominions only one hundred and fifty~. eight have occurred since the year 1802. In Prussia the effects of vaccination, diffused with the assistance of the public authority, have been almost equally decisive. Formerly, forty Small-Pox and Vaccination. thousand deaths were calculated to take place annually from the small-pox, whilst in 1817 they had been reduced to two thou- sand nine hundred and fortythe total number from all causes amounting to three hundred and six thousand seven hundred and twenty-eight; so that the proportion of deaths from small- pox to those from other causes has been reduced from one in seven to one in one hundred and four. And in Berlin, where the greatest exertions have been made to introduce vaccina- tion universally, but where also they are much more liable, as in all great cities, to the introduction of small-pox, the pro- portion of deaths from that disorder was, in 1819, only one in two hundred fifty-four, whilst only two years before in Lon- don the proportion had stood as one in nineteen. In the prin- cipality of Anspach in Bavaria, containing a population of two hundred and sixty-six thousand four hundred and six in-. dividuals, five hundred died annually of small-pox in the years 1797, 1798, and 1799, and sixteen hundred and nine in the next year, 1800, giving a proportion in the former years of about one death in thirteen from small-pox, and in the latter of about one in four or five. In this state of things the cow-pox was introduced, and its diffusion promoted by laws which im posed fines and penalties on those who refused to submit to it. Inoculation for the small-pox was forbidden; and so posi-. tive has been the effect of the extension of this practice that from 1809 down to 1819 only four cases have occurred of the disease, and not a single death, and this too while the small- pox has been prevailing epidemically in the neighboring king- dom of Wirtemberg. In France prizes are annually distribut- ed to those surgeons who have vaccinated the greatest number. The report of the central committee of vaccination for 1816 exhibits a striking view of the benefits derived from the prac- tice in a single year. In 1815 from the unsettled state of pub- lic affairs it had been neglected, but was resumed in 1816 with great vigor. The effects were immediately perceptible from a comparison of the number of cases and deaths from small- pox in the two years. The vaccinations were increased aiid the cases of small-pox decreased in number one third, the deaths were not so frequent by one half, and the instances of disfiguration, blindness, & c. were proportionally lessened. The same committee had previously reported the extinction of the small-pox at Lyons and other districts. In Lombardy the small-pox had disappeared from all the large towns in 1808, 309 1821.] Small-Pox and Vaccination~ and in Milan had not been known for several years. In Ge- neva, as stated by Dr Oder, vaccination lhs extirpated the disease; and even when casually introduced, it does not spread, the inhabitants, from the universality of vaccination, having ceased to be susceptible. Lu 1811, as sir Gilbert Blane was informed by a delegate from Lima in Peru to the Spanish cortes, vaccination had been practised with so much energy and success in Lima, that for the last twelve months there had occurred, not only no death from small-pox, but no case of it; that the new-born children of all ranks are carried as regularly to the vaccinating house, as to the font of bap- tism; that the small-pox is entirely extinguished all over Peru; nearly so in Chili; and that there has been no com- pulsory interference on the part of the government to promote vaccination.~ Evidence of this kind might be easily multiplied to a much greater extent, but this would be unnecessary when we have in our own country a daily example of what vaccination is capable of doing towards the extermination of the small-pox. For although probably not a year passes that subjects labour- ing under this disease are not introduced among us, yet it is seldom, if ever, that they extend the disease beyond them- selves. It is our duty to take care that by an indolent security we may not be induced to neglect the means to which we now owe our safety, and lay ourselves open to the future inroads of that pestilence from which our country has in for- mer times most severely suffered.* There is little danger among the better classes of the community, that they will fail to adopt the necessary precautions for securing themselves. The great fear is, that, from the long continued absence of the dis- ease, society will cease to take care of the health of those who can seldom be induced to take care of it themselves, the poor and uneducated. We have no public means by which we can feel certain that vaccination will be kept up among them; every thing has been left to depend upon the benevolence and activity of those practitioners who are principally applied to * In 1721, the year in which inoculation was introduced, the small-pox visited Boston and the adjacent country. In Boston, five thousand eight hundred and eighty-nine suffered from the disease, of, whom eight hundred and forty-fovr died; an immense proportion, considering the number of inhabitants at that time, and nearly equal to the total number of deaths at flu, period. ~1O 4pprop~iation of Public Lands for & hools. [Oct. by the lower classes. The negligence and supineness of the poor with regard to vaccination is really astonishing; and as ~n example of it we may refer to Mr Crosss account of the pauper vaccination in Norwich. It appears, that a reward of half a crown was offered to every poor person who should bring a certificate of his having passed regularly through the cow-pox; and yet the number of rewards actually paid in a population of 47,000 were one year only eleven, and never exceeded sixty-four, except when an alarm of small-pox exist- ed, which raised the number to three hundred and forty-eight. The cause of vaccination is the cause of humanity. It is of the greatest importance that it should be seen in its true light, lest society deceived by an imperfect knowledge of any of the facts which have come to light with relation to it, should diminish their confidence in its powers. By its universal diffusion alone, can we hope to be delivered from the greatest scourge which has ever afflicted our species, from a disease the most disgusting and loathsome in all its forms, a disease which has been computed to sweep froyu the earth annually nearly a million of human beings, and to leave almost as many more in a state of blindness or disfiguration, a disease, which according to sir Gilbert Blane, has destroyed a hundred for every one that has perished by the plague. ART. XV.i. Report with sundry Resolutions relative to sip- propriations of Public Lands for the purposes of Education, to the Senate of Alaryland, January 30, 1821. By V. .Maxcy, chairman of the committee on Education and Pub- lic instruction. 2. Report on the expediency of granting Public Land for the support of Education in the Senate of the United States, February 9th, 1821. 3. Report of the Committee on Colleges, .Llcademies, and Com- mon Schools, in the Legsslature of New York, March 80, 1821, upon the Message of his Excellency the Governor, communicating the Resolutions of the Legislature of Mary- land. By G. C. Verplanck, chairman of the committee. Tnn subject, which we are now about Wconsider, is mani- festly of~reat national importance. It rekttes to a very exten~~

Appropriation of Public Lands for Schools 310-343

~1O 4pprop~iation of Public Lands for & hools. [Oct. by the lower classes. The negligence and supineness of the poor with regard to vaccination is really astonishing; and as ~n example of it we may refer to Mr Crosss account of the pauper vaccination in Norwich. It appears, that a reward of half a crown was offered to every poor person who should bring a certificate of his having passed regularly through the cow-pox; and yet the number of rewards actually paid in a population of 47,000 were one year only eleven, and never exceeded sixty-four, except when an alarm of small-pox exist- ed, which raised the number to three hundred and forty-eight. The cause of vaccination is the cause of humanity. It is of the greatest importance that it should be seen in its true light, lest society deceived by an imperfect knowledge of any of the facts which have come to light with relation to it, should diminish their confidence in its powers. By its universal diffusion alone, can we hope to be delivered from the greatest scourge which has ever afflicted our species, from a disease the most disgusting and loathsome in all its forms, a disease which has been computed to sweep froyu the earth annually nearly a million of human beings, and to leave almost as many more in a state of blindness or disfiguration, a disease, which according to sir Gilbert Blane, has destroyed a hundred for every one that has perished by the plague. ART. XV.i. Report with sundry Resolutions relative to sip- propriations of Public Lands for the purposes of Education, to the Senate of Alaryland, January 30, 1821. By V. .Maxcy, chairman of the committee on Education and Pub- lic instruction. 2. Report on the expediency of granting Public Land for the support of Education in the Senate of the United States, February 9th, 1821. 3. Report of the Committee on Colleges, .Llcademies, and Com- mon Schools, in the Legsslature of New York, March 80, 1821, upon the Message of his Excellency the Governor, communicating the Resolutions of the Legislature of Mary- land. By G. C. Verplanck, chairman of the committee. Tnn subject, which we are now about Wconsider, is mani- festly of~reat national importance. It rekttes to a very exten~~ 1821.] .lppropriation of Public Lands/or Schools. ~l I sive appropriation of the national property for the support of schools. Grants of national lands have already been made to a considerable extent, for .the aid of colleges and schools in some of the western states. The same grants have not as yet been extended to the old states, and it seems now to be made a question, whether these states have any claims on the gen- eral government for similar grants, as a balance to what are conceived to be at present the exclusive privileges of the new ~tates. The subject was first brought before the public, we belieye, by Mr Maxcy in a report made by him as chairman of the committee on education and public instruction, in the senate of Maryland, February 1, 1820. After stating the manner in which the lands have been granted in the west, Mr Maxcy observes; The public lands, though located in the west and south, are the common property of afi the United states. Each state has an equal right to a part~cipation~ in a just proportion of that great fund of national wealth. Your committee can discern no reason why the people, who have already settled in, or shall remove .to, those states and territories, w ic have been formed out of these public lands, should enjoy any peculiar and extraordinary advan- tages from this common property, not possessed by those who remain in the original states. They are far from censuring that enlightened policy, which governed congress in making the liberal appropriations above mentioned, for the encouragement of learti- ing in the new states and ter i~ ones. They, on the contrary, most heartily applaud it. But they, at the same time, are of optu~ ion that the people of the original states of this union, by whose common sword and purse those lands have been acquired, are entitled, upon principles of the strictest justice, to like appropria- tions for the endowment and support of literary institutions, with- in their own limits. The Report, containing the words here quoted, was intro- duced too late to be taken into consideration during that ses- zion of the legislature. The same proposition was renewed the year following by Mr Maxcy, and defended in an able and elaborate Report, which was adopted by the senate and house of delegates of Maryland. The following resolutions were passed ia both houses. 1. Resolved by the General .Llssembly of .Maryland, that each of the United States has an equal right to participate in the ben~~ efit of the public lands, the common property of the anion. 5ew Series, .Yo. 8. 41 312 ./Ippropriation of Public Lands J~r Schools. [Oct~ 2. That the states in whose favor Congress has not made appropriations of land for the purposes of education, are enti- tled to such appropriations as will correspond, in a just propor- tion, with those heretofore made in favor of the other states. S. That his excellency the governor be requested to trans- mit copies of the foregoing Report and Resolutions to each of our senators and representatives in congress, with a request, that they will lay the same before the respective houses, and use their endeavors to produce the passage of an act to carry into effect the just principles therein set forth. 4. That his excellency the governor be also requested to transmit copies of the said Report and Resolutions to the gover- nors of the several states of the union, with a request that they will communicate the same to the legislatures thereof, respec- tively, and solicit their co-operation. These resolutions have been accordingly transmitted to the governors of the several states. In Virginia, if we are rightly informed, they were assented to unanimously. In New York a counter report was drawn up by Mr Verplauck, chairman of the committee on colleges, academies, and common schools, and accepted by a majority of the legislature. Connecticut has approved the Maryland resolutions, and adopted a report, which, among other things, contains a resolution requesting the senators and representatives of that state in the Congress of the United States to use their endeavors to procure an ap- propriation of a part of the public lands, for the promotion of the objects of science and education in the several states, to be divided among them in such manner and proportion as to congress shall appear just and equitable. What have been the decisions of the other states, whose legislatures have been in session since they received the Maryland resolutions, we have not learned. Before we undertake the investigation of the principles on which the Maryland resolutions are founded, it may be well to inquire a little into the manner in which the United States came into possession of the public lands. The greatest part of those, on the east side of the Mississippi river, was derived by cessions from several states. The claims of these states to any portion of the lands, beyond their established boundaries, were, in our view, for the most part merely nominal, and in no case supported by any good foundation. Take Virginia as a memorable example. This state professed to claim all the extensive and valuable territory northwest of the Ohio, 1821.] Appropriation of Public Lands for Schools. ~13 and east of the Mississippi. But upon what grounds will ap- pear by a very brief statement of facts. Originally the whole tract of country north of the Gulf of Mexico, extending to the present northern boundary of the United States, was called Virginia. This name was given to the country after sir Walter Raleighs expedition. The patent granted to him by queen Elizabeth specified neither name nor limits. The new patent of James I was more definite. This patent was granted with similar conditions to two separate companies, one of which settled at Plymouth, and the other near Cape Henry. The quantity of land of which each was to take possession was limited to one hundred miles along the coast, and one hundred up the country, making a square of one hundred miles. The settlers near Cape Henry were usually denominated the South Virginia, or the London Company. To this com- pany, in the year 1609, and six years after the date of their first patent, Was granted a new patent or charter, enlarging the boundaries of their former grant. And this is the char- ter from which Virginia professed to derive her title, after the revolutionary war, to the territory northwest of the Ohio. The boundaries of the tract thus granted to the London Com- pany were defined as follows, namely, being in that part of America, called Virginia, from the point of land called Cape or Point Comfort all along the sea-coast to the northward, two hundred miles, and from the point of Cape Comfort all along the sea-coast to the southward two hundred miles; and all that space and circuit of land lying from the sea-coast of the precinct aforesaid, up into the land throughout from sea to sea, west and northwest. Charter of Virginia, sec. fi. Few men at the present day, probably, would presume so much on their sagacity, as to attempt to attach any meaning to the last half of this extract. At the commencement of the revolution, however, it was discovered to have a very profound meaning, and on this obscure clause alone were built the claims to all the unsettled lands in the northwestern territory. The phrase, from sea to sea, it was contended, meant the whole space be- tween the Atlantic and the Pacific oceans. But the claimants, notwithstanding, were not so exorbitant in their demands. Their moderation brought them within vastly narrower limits, than, according to their interpretation, the charter warranted. By gradual encroachments, other states had been formed xvith~ 314 .fppropriaticrn of Public Lands for Schools. [Oct. in what were contended to be the chartered limits, and Vir.~ ginia was at length bounded on the north by Maryland and Pennsylvania, and on the south by North Carolina. By the treaty of 1763 between England and France, the Mississippi was established as the boundary between British America and Louisiana. This brought the limits of Virginia very much short of the Pacific Ocean. And, finally, the claimants were contented to have their territory compressed within the lakes on the north, and the Mississippi on the west; thus giving up the very interpretation of their charter, upon which alone they professed to found any claim. But what makes the thing still more extraordinary is, that the charter was vacated, fifteen years after it was granted, by a quo warranto from Charles I. The company, to which it had been given, was dissolved. Oldmixon says, that this was caused by the mismanagement of the proprietors. Grants were given to private adventurers, who not only raised quar- rels among themselves, but exasperated the Indians, and induced them to commit outrages on the peaceable settlers. To prevent further difficulties, king Charles dissolved the com- pany, and annulled the charter. He took the colony under his own direction, sent out officers of his own appointment, reserved a quitrent to himself, and ordered all grants and patents to be given in his name. How then could any claim be made under this charter, even admitting the obscure clause, which alone ~vas supposed to sanction the claim, to have any meaning? The charter was never afterwards made the rule of government in the colony. The king was the only proprie- tor and Virginia was in the strictest sense a regal province. This was also the understanding of the British government, as is manifest from the proclamation of the king in 1763, relating to the American colonies. It is there stated to be the royal will and pleasure, that no governor, or other officer in the colonies should grant warrants of survey, and pass patents for any lands beyond the heads or sources of any the rivers, which fall into the Atlantic Ocean from the west, or north- west. Laws of the U. S. vol. i, p. 446. This language is a proof, that the king considered Virginia a regal colony, and that its western boundary, even in that charter, did not extend beyond the Alleganies. The Council of Virginia received the kings proclamation in this sense, as may be seen in a letter of the president of the council to Lord Hillsborough. After- 1821.] 4ppropriation of Public Lands for Scitools. wards, also, when lord Diusmore made a grant of certain lands on the Ohio, without the kings authority, he received a sharp reprimand in a letter from the secretary of state, re- minding him of the king~ s express command, that no lands should be granted beyond the limits of the royal proclamation of 1763, until the kings further pleasure was signified. From the facts contained in this short view of the subject, the infer.. ence is irresistible, that Virginia, as a distinct colony, had no claims to any of the unappropriated lands.The subject of the Virginia claims was handled with great ability at the time, in an essay entitled Public Good, by a writer who has been more famed for his acuteness and talents as a politician, than for the correctness of his moral principles, or his reverence for religion. If the same investigation were pursued in regard to the other states, we are convinced their claims would prove quite as groundless as those of Virginia. Those parts of the charters, by which these claims were supposed to be sustain- ed, are either so unintelligible, contradictory, or jndefinite, as to render it almost absurd to make them a serious ground of claim. Take, for instance, the following clause in the char- ter of Massachusetts, upon which the claim of that state was grounded. After defining the northern boundary of the pro- vince, the charter goes on to include all the lands and here- ditaments whatsoever, lying within the limits aforesaid, and extending as far as the outermost points or promontories of land called Cape Cod and Cape Malabar, north and south, and in latitude, breadth, and in length, and longitude, of and within all the breadth and compass aforesaid, throughout the main land there, from the said Atlantic or western sea and ocean, on the east part, towards the south sea or westward, as far as our colonies of Rhode Island, Connecticut and the Nar- ragansett country. Now, who can persuade himself; that he has any clear ideas on reading this passage? And above all, that it could give any just claim to a tract of country three thousand miles in extent, from the Atlantic to the Pacific ocean; more especially, when it is known, that this would pass directly across the large grant, which had already been made by Charles II to the Duke of York ?* The charter of Connecticut is less obscure, it is true, and states in plain lan- guage, that the boundary of the colony should be the South * The charter of the Province of Massachusetts Bay was given October 7, 1691; and the grant to the duke of York, March 12, 1663. 316 llppropriation of Public Lands for Schools. [Oct. sea on the west part. This, also, was given the year before the grant to the duke of York, and is not, on this ground, subject to the same objection as the charter of Massachusetts. But before any right can be supposed to grow out of this obscure language of the charters and grants, is it not necessary to ascertain the views and intentions of the parties? It was the general impression, that the South sea was very near the Atlantic. Drake had seen the Pacific and the Atlantic from the same point on the Isthmus of Darien. The proximity of the. two seas was supposed to be the same along the northern coast. This is proved from several curious facts. Stith relates, in his History of Virginia, that in the year 1608 a company was fitted out in England, with a barge, that might be taken in pieces, with which the company were instructed, under the command of captain Newport, to go up James river with a view to discover the country of the Monakins, and from thence they were to proceed, carrying their barge beyond the falls to convey them to the South sea. Hutchinson also gives an account of some of Champlains people, who, having been but a few days march from Quebec, returned with great joy, supposing, that from the top of a high mountain, they had dis- covered the South sea. Such were the vague notions, when the charters were granted, respecting the situation of the South sea, or the Pacific ocean. The truth is, the South sea boun- daries seem to have been another name for indefinite limits, which the king was afterwards to circumscribe and define as he should think proper. This is very plain from the circum- stance of grants being made, which ran into the western bor- ders of the colonies, whose chartered limits were defined in this obscure manner. Thus, Maryland, Pennsylvania, and North Carolina, were taken out of what were considered the chartered limits of Virginia, and made over by royal charter to their respective proprietors. Then, and not before, the northern and southern boundaries of Virginia became defined. And so with the western boundary of Connecticut, which was at first unlimited. It was defined the year after by the grant to the duke of York. We may say the same of the western limits of Carolina, which at first extended to the South seas, or indefinitely. They were afterwards defined by the Geor- gia charter. If it was not the understanding from the begin- ning, that these western limits were considered indefinite, and left to the future decision of the crown, how is it to be ac~ 1821.3 4ppropriation of Public Lands for Schools. ~317 counted for, that encroachments were suffered thus to be made without a single remonstrance, or complaint from the states, or colonies, thus encroached upon? From these views we are convinced, that, before the revo- lutionary war, no state had ~any claims to lands beyond its chartered limits, and that no fair construction of any charter could extend these limits into the lands northwest of the Ohio. These were residuary lands, neither subject to the control of any proprietary, or chartered colony, nor any of the colonial crown governments, but wholly, and exclusively, at the dis.. posal of the king. For the same reason, after the revolution, they belonged to the United States. In regard to Georgia, although it was bounded by the South seas on the west, nev- ertheless all the territory west of the Mississippi belonged at that time to the French. And whatever question of territory might arise, this state could exhibit no exclusive claims on the strength of its charter; because twenty years after the charter was given, it was surrendered to the king, and the government became entirely regal. The claims of North Carolina were less incumbered, as its western limits had not been defined by any charter subsequent to its own. The United States, how- ever, bad the same power to define these limits, as the king had before the revolution, and which, as we have seen, he exer- cised in numerous instances. The question concerning the lands, involved in these claims, began to be agitated soon after the declaration of indepen- dence. The claims of particular states were considered un- just and unfounded by those states, which had no part in these claims. It was contended, that the right of property in these lands was secured by the common efforts, and the common sacrifices of all the states, and that justice demanded they should be appropriated for the equal benefit of all. The state of Maryland, in particular, expressed a prompt, and very de- cided opinion. This state, says Mr Maxcy, as early as the 80th October 1776, expressed its decided opinion, in relation to the vacant lands, by an unanimous resolution of the convention, which framed our constitution, and form of government, in the following words: Resolved unanimously, that it is the opinion of this convention, that the very extensive claim of the state of Virginia to the back lands bath no foundation in justice, and that if the same, or any like claim is admitted, the freedom of the smaller states and the liberties of America may be thereby greatly endangered; this 318 .lppropriation of Public Laads for Sclto4s. [Oct. convention being thinly persuaded, that, if the dominion over those lands should be established by the blood and treasure of the United States, such lands ought to be considered as a common stock, to be parcelled out at proper times into convenient, free, and independent governments. In the years 1777 and 1778, the General Assembly, by re- solves, and instructions to their delegates in Congress, expressed their sentiments in support of their claim to a participation in these lands, in still stronger language, and declined acceding to the confederation, on account of the refusal of the states claiming them exclusively to cede them to the United States. They con- tinued to decline, on the same grounds, until 1781, when to pre- vent the injurious impression, that dissension existed among the states occasioned by the refusal of Maryland to join the confed- eration, they authorized their delegates in Congress to subscribe the articles; protesting, however, at the same time, against the inference, (which might otherwise have been drawn, a ary- land had relinquished its claim to a participation in the western lands. The Maryland resolution was probably in unison with the prevailing sentiments and feelings of the other states. But nothing decisive was done till after the treaty of peace in 1783. By this treaty Great Britain relinquished to the United States all claim to the government property, and ter- ritorial rights of the same, and every part thereof. This established a new relation between the states. It gave strength and certainty to the bond of union, which had before been comparatively weak and dubious. They had not the same motives for clinging to individual interests, as when they were looking forward to a variety of possible results. The great object, for which they had been struggling, and in which they had merged all others, was at length gained. Their inde- pendence, and every political, civil, and religious right had been secured. The important question remaining was, how these privileges were to be converted to the most certain means of a permanent union and happiness? Policy and interest united with the best moral principles to dictate the wisest course. The generous spirit of patriotism, and a disposition to conciliate, which must at this time have pervad- ed all parties, produced just impressions, and brought into harmony the views of those, who before acted on discordant principles, because they imagined themselves to have separate and conflicting interests. Influenced by motives like these~ 1821.1 .~Ippropriatiort of Public Lands for Schools. 219 and perhaps by many others equally honorable, the respec- tive states yielded up what they conceived to be their claims to the unsettled lands. These cessions were made at differ- ent times, and all, except that of Georgia, within a few years after the peace. By these cessions, all the unappropriated lands, within the bounds of the United States, except such as belbnged to the Indians, became the property of the United States, and are of course brought under the jurisdiction of the general gov- ernment of the states. The result, therefore, was precisely the same as if no claims had been made, with this difference only, that some of the states gave up their claims with reser- vations and conditions. These the United States government was bound to respect, whatever might have been the original validity of the claim; because receiving lands as a cession was acknowledging a previous right to those lands in the par- ty which made the cession. Hence Connecticut reserved a valuable tract on the south shore of lake Erie, the proceeds of which have since been most wisely and munificently appro- priated for the benefit of schools in that state. It was also made a condition of the cession by Georgia, that the United States should pay one million two hundred thousand dollars to that state, and extinguish the Indian title to such lands as were held by the Indians, within the reserved limits of the state. No attempt was ever made to contest the claims of any of the states. They were all voluntarily given up, and in this amicable manner the United States have acquired an in- dubitable title to all the public lands on the east side of the Mississippi. The territory west of the Mississippi, as well as the southern parts of the states of Mississippi and Alabama, was purchased by the United States of France in 1803, and paid for out of the common fund. It hence follows, that all these lands are the common property of all the states collec- tively, and under the entire control of Congress. As these lands are a common property, in which each state has an interest proportionate to its signiiicance in the union, they ought to be so disposed of as to confer a proportion- ate benefit on each. This is equally conformable to justice, and the fundamental principles of our federal union; and, moreover, this disposition of the lands was, with some of the states, a special condition of cession. This was particularly the case with Virginia, whose claim was considered much the ~TVew Series, Ar0. 8. 42 J20 ~Ippropriation of Public Lands~for Schoolu. [Oct. most important. After specifying certain conditions, requir- ing the United States to reimburse the expenses, which Vir.. ginia had incurred in defending the territory, and also provid- ing that the French inhabitants within the territory should have their possessions confirmed to them, the act of cession requiring that all the lands, not included in other special con- ditions, shall be considered as a common fund for the use and benefit of such of the United States as have become, or shall become, members of the confederation, or federal alliance of the said states, Virginia inclusive, according to their usual re- spective proportions in the general charge and expenditure, and shall be faithfully and bona fide disposed of for that purpose, and for no other use or purpose whatsoever. Here is an ex- press stipulation, and it is the spirit of all the acts of cession. Now, as we have already observed, however defective the claims of any state were originally, when they were recogniz- ed, the United States were bound to comply with all conditions on which a title was resigned. These conditions, therefore, ex- pressly on the part of Virginia, and impliedly on the part of the other states, afford an additional reason, if such a reason were required, why all the public lands obtained by cessions should be appropriated for the proportionate benefit of every section of the union. No argument is required to prove that all the lands, which have been purchased out of the national fund, should be disposed of by the same rule of appropria- tion. We come next to inquire whether Congress has uniformly acted upon this principle. Have the proceeds of the public lands been distributed in due proportion to every part of the union? Mr Maxcys remarks on this subject are pertinent and just. So far as these lands have been sold, and the proceeds been received into the national treasury, all the states have derived a justly proportionate benefit from them. So far as they have been appropriated for purposes of defence, there is no ground for com- plaint; for the defence of every part of the country is a common concern. So far, in a word, as the proceeds have been applied to NATIONAL, and not to STATE purposes, although the expenditure may have been local, the course of the general government has been consonant to the principles and spirit of the federal consti- tution. But so far as appropriations have been made, in favor of any state or states, to the exclusioii of the rest, where the appro- priations would have been beneficial, and might have been extend- 1821.1 4ppropriation of Public Lands for Schools. 321 ed to all alike, your committee conceive there has been a depar- ture from that line of policy, which impartial justice, so essential to the peace, harmony, and stability of the union, imperiously pre- scribes. In discussing this subject, it is important to keep in mind some definite notions of the distinction between NATIONAL, and 5TATE interests. In one sense they are the same. What- ever may be said, with strict truth, to be beneficial to the na- tion, may be considered in same degree beneficial to each part, inasmuch as the safety of a part depends on the stability and welfare of the whole. But, on the other hand, it is very pos- sible for the whole to be benefitted at the expense of a part; so that the United States may be gaining strength and pros. perity, while an individual state is losing its comparative stand- ing and influence. In all such cases some of the states are increasing beyond their due proportion. This consequence may sometimes happen to a certain degree, from the nature of our political and local relations; and for this reason, it is a consequence, against which it is the duty of Congress to guard with very great vigilance. So far as it depends on the structure of the state governments, the nature and productive. ness of the soil, the institutions and occupations of the people, or any thing peculiar to place or condition, it can hardly come under the control of Congress. And as all these circumstances will have a very active influence in moulding the character, and deciding the comparative importance, prosperity, and hap- piness of individual states, it becomes so much the more necessary, that in all those things, in which Congress has the power of bestowing benefits, this duty should be discharged with the strictest impartiality. The defence of the country, and the protection and en- couragementof commerce, are a common cause, and what- ever appropriations are made for these purposes may be con- sidered as promoting national interests. By these, every state is benefitted alike, because the rights of each are equally se- cured, and the expenses of each for the support of the gener- al government are proportionally paid. State loterests are such as relate to all kinds of internal improvements, agricul- ture, manufactures, encouragement of industry, science, litera- ture, the arts, or useful inventions. To promote any of these purposes, no appropriation can justly be granted to any state, or section of the union, without an equivalent, either in kind 322 appropriation of Public Lands for Schools. [Oct. or value, to every other state, or section. This is a fundamen- tal principle, which should not be violated to the injury of any state, even if such violation were to produce a large national benefit; for this principle is the only security of the state in- terests. Congress may, and ought, to afford encouragement to all the purposes here enumerated, but never for the benefit of the whole, or a part, to the manifest injury of another part. If it can be allowed that, on any possible occasion, a majority of Congress may vote away the privileges of an individual state for the general good, it will virtually dissolve the ties which hind the states together, by destroying the object for which a union is desirable. Each state has rights, privileges, and concerns, peculiar to itself, which it is as important should be maintained, as those which it enjoys in common with the other states. If ex- treme cases can be imagined, in which the principle here stated cannot easily be reduced to practice, yet the principle should be held sacred, and never be deserted without an obvious ne- cessity, or as a temporary and pressing expedient. By this principle it is proper to try the proceedings of Congress in regard to the plan, which has been pursued in disposing of the public lands. Before any of the states had relinquished their claims, it was urged by those, who did not hold these claims to be good, that a portion of the public lands should be converted into the means of defraying the expenses of the war, in which all were taking an equal part. New York was the first state which re- signed its claims, and in the preamble to the act giving power to its delegates in Congress to make the cession, it is stated, apparently as a motive, that it had been conceived, that a portion of the waste and uncultivated territory, within the limits or claims of certain states, ought to be appropriated as a common fund for the expenses of the war. And this is the purpose for which the revenue derived from the sales of these lands has been applied by Congress. Acts have been passed at different times to facilitate this object; and the whole amount of proceeds arising from these sales is now pledged for the gradual payment of the public debt, till it shall be ex- tinguished. This scheme is no doubt equitable. It operates equally in favor of all the states. It consults the national in- terests, without interfering with those which are peculia~ to any of the states. But another system adopted by Congress for disposing of 1821.] ./lppropriation of Public Lands for Schools. S23 the public lands, is that first proposed in the ordinance of May 20, 1785, and which has since received several modifications. This is the systcm which is thought to be partial in its action, by granting privileges and property out of the common stock, to some of the states, which are not granted to others. The outlines of the plan may be detailed in few words. All the public lands are surveyed according to the laws and directions of Congress. They are uniformly divided into townships of six miles square, by lines running with the car- dinal points, and consequently crossing each other at right an- gles. Every township is divided into thirty-six sections, each a mile square, and containing six hundred and forty acres. One section in each township is reserved, and given in per- petuity, for the benefit of common schools within that town- ship. Thus one thirty-sixth part of all the public lands is appropriated for the benefit of particular states in aiding com- mon schools. in addition to this, the state of Tennessee has received a grant of two hundred thousand acres for the sup- port of colleges and academies. For the same purpose, also, txvo entire townships have been granted to Ohio. The appro- priations generally, in the new states, for seminaries of the higher order, according to Mr Maxcys statement, amount to about one fifth of those for common schooh. Starting with these facts, Mr Maxcy goes into a calculation to ascertain what quantity of land, according to this system, will be taken from the common property of the United States for the use and benefit of those states only, which have been, or will be formed in the territory not embraced in the old states. As the basis of his calculation he takes the estimates contained in Seyberts Statistical Annals. From these it would appear, that the states and territories on the east side of the Mississippi, in which appropriations have been made, amount to 237,297,125 acres. And according to the ratio abovemen- tioned, the aggregate number of acres actually appropriated on the east side of the Mississippi is 7,909,903. Seybert also estimates the lands purchased of France in 1803 at 200,000,000 acres. The same system of appropria- ation will no doubt be applied on the west as on the east side of the Mississippi. This will make for schools and colleges 6,666,666 acres. And the total appropriations for literary purposes in the new states and territories will he 14,576,569 acres. At two dollars an acre, which is lower than the aver ~24 ~Jppropr~ation of Public Lands for Schools. [Oct. age price at which the public lands have thus far been sold, the value of these appropriated lands will amount in money to $29,153,139. Such is the immense amount of property, which, according to the system now pursued by Congress, will be taken from the common stock for the encouragement of learning in particular sections. This is too plain a case to need any reasonings or illustra- tions to show that the system, in its present restricted opera- tion, does not extend equal privileges to all parts of the union. Its justice can only be made to appear by proving, that the states which do not participate in these grants, have, in some other way, received an equivalent. But this cannot he prov- ed. They certainly have not received any equivalent in land, for no appropriations of lands have been made for their benefit, as in the other states. Nor have they received any equivalent in value from other sources. In short, the old states neither have received, nor can receive, any benefit what- ever from these appropriations farther than they are the means of advancing the general interest of the United States. But this is a benefit which the new states enjoy equally with the old, and this too in addition to the full value of all the lands granted for schools. To produce an equality, even on this principle of all the states being ben efitted by these grants, the same appropriations must be made to the other states; not by taking any thing away from the new states, but by giving to the others, out of the lands which still remain, a quantity pro- portionate to what they have received. This view of the subject reflects no censure on Congress for the course they have pursued in disposing of the public lands. On the contary, every friend to enlightened improve- ment must consider it as dictated by sound policy, wisdom, and benevolence. The system is by no means partial in prin- ciple, nor necessarily so in application. It has happened, for what reason it is not our present purpose to inquire, that it has not as yet been applied in its full extent. This can now be done with perfect consistency, and without interfering in the remotest degree with any of its former applications, or the consequences resulting from them. Not a single act of Con- gress would need be repealed, nor would a single alteration be required in the machinery of the land department. No re- quest is made to Congress to retrace steps before taken, hut to go forward and finish the work that has been begun. 1821.] 4ppropriation of Public Lands for Sc/tools. 32~ The constitution delegates to Congress an absolute control over the territories, and all the public lands of the United States; but, at the same time, it takes care to circumscribe this control within due limits, by adding the following clause, namely, and nothing in this constitution shall be so constru- ed as to prejudice any claims of the United States, or of any particular state. Now the system by which the public lands are disposed of, in its present restricted application, does pre- judice the claims of particular states, because each state has an equal claim to a proportional share of the common pro- perty of the whole. Each state, therefore, not enjoying a privilege which has been granted to others, has a constitution- al claim on the United States for this privilege, and a right to demand it of Congress. That one, or any number of states, has forborne to make this demand, is no proof that the claim is annulled, or even weakened. The claim receives its validi- ty from the constitution itself, and must continue good, while the constitution remains in force. It hence follows, that the acquiescence of the old states in the partial operation of this system till the present time, is no evidence that their claim has been relinquished, or that it is not in all respects as strong as if they had urged it sooner. Nor ought any preference to be given to particular states, in making donations of lands, from the circumstance of these lands being within the limits of those states. Wherever they are situated, they are common property, in which every citi- zen of the United States has an interest. Although they are within the jurisdictional limits of a state, they cannot be taxed by that state, nor be made subject to any state laws respecting sales or titles. These things are wholly regulated by the laws of Congress, in the same manner as with lands in a territory not yet formed into a state. In regard to the justice of the prin- ciple, Congress might with as much propriety grant lands in the western territory for the purposes of education in an eastern state, as a western. In either case, it is public property given to a particular state, or, in other words, it is the property of the nation devoted, not to national, but to state purposes. We are speaking here of the justice of the principle, with- out pretending that circumstances may not occur in which sound policy would justify, within a limited extent, an unequal distribution of public property. But under no circumstances, we apprehend, can this be done, without a corresponding bene S26 slyproyriation of Public Lands Jor Schooir. [Oct. fit of some sort to all the states, and as nearly equivalent as the nature of the case will admit. Now we contend, that no such circumstances as those above mentioned are connected with the appropriations, which have already been made for the encouragement and support of education in the western states. No good reason can be shown why one state should be pre- ferred to another in making this distribution. The revenue de- rived from commerce is public property, and on the same foot- ing, in this respect, as the public lands. This revenue is chiefly collected in the commercial, or Atlantic states. And this af- fords just as good an argument in favor of giving a portion of this revenue for the particular benefit of the states in that sec- tion, as the circumstance of the public lands being in the west does, that they should be converted to a local advantage in that quarter. The fact, that this revenue is ultimately derived, not from the Atlantic states, but from all the states in which the articles of commerce are consumed, does not alter the case. The public lands have been derived in the same man- ner; that is, from the common treasure, and united efforts of all the states. The facts we have thus brought forward, and the view we have taken, conduct us to the following results. First, none of the states originally had any valid claims to the lands which have since been made over by formal cessions to the United States. They were national possessions from the beginning. But when the United States consented to accept them as lands of cession, it was virtually acknowledging the claims to be just, and bringing themselves under an obligation rigidly to comply with any conditions attached to the articles of cession. Sec- ondly, the principles of justice, and the letter and spirit of the constitution require, that the public property should be appro- priated for the equal benefit of all the states. Thirdly, the system followed in disposing of the western lands has not ope- rated equally, but has favored some states more than others. Fourthly, it is not only a constitutional right, but the duty of the states, which have thus been neglected, to petition Congress for an equal extension of privileges. To some of the positions, which we have attempted to es- tablish, objections have been made, especially in the Report of the committee of public lands in the senate of the United States, and in the Report respecting the Maryland resolutions in the legislature of New York. To these objections we now proceed briefly to reply. 1821.] 4p~ropriation of Public Lauds for Schools. ti21 It has been said, that the other states have actually received an adequate consideration for the lands appropriated for schools in the west. The money, which has accrued to the national treasury, by the increased value of the public lands, is thought to be a compensation. This was stated in the Re- port to the senate of the United States, and more at large by Mr Verplanek in the New York Report. He speaks as follows. Reservaijous of school and college lots are upon a large scale, what the reservations of public squares and walks, of lots for churches, markets, and public edifices are in the plans of cities and villages. They are not gratuitously bestowed upon the in- habitants; nor is their value lost. But on the contrary, they tend to increase their aggregate value far beyond their own pro. portion, and their price is far more than paid in part of the purC chase money of every private sale~ Such, Mr Verplanck thinks, has been the effect of th~ wes-. tern grants. They have induced a readier sale, a higher price, and from the character of those settlers, who would be most attracted by these prospects, a more prompt payment. The reservations complain- ed of ought, there fore, to be regarded, not as a partial donation for local objects, entitling every state to similar ones on princi- ples of strict justice, but as a judicious arrangement, calculated and intended to increase the value of that common fund, held for the use and benefit of the several states, and made not for state, but for national purposes. This argument had already been anticipated by Mr Maxcy, and answered in a manner so lucid, forcible, and conclusive, that we are surprised to find it repeated by the New York committee, without any reply to the reasonings contained in the Maryland Report. Your committee are aware, says Mr Maxcy, that it has been said, that the appropriation of a part of the pub ic lands to the pur- poses of education, for the benefit of the states formed out of them, has had the effect of raising the value of the residue, by inducing emigrants to settle upon them. Although in the preambles of such of the acts on this subject, as have preambles, the promotion of religion, morality, and knowled~e, as necessary to good govern- ment and the happiness of mankind, have been assigned as the reason for passing them, and no niention has been made of the consequent increase in the value of the lands, that would remain, as a motive for the appropriation, yet the knowledge, that provi- New Series, No. 8. 4~3 82$ ./Iyproyriation of Public Lands for Sckooi~. [Gct~ sion had been made for the education of children in the west, though other motives usually influence emigrants, might have had its weight in inducing some to leave their native homes. If such has been the effect, the value of the residue of the lands has no doubt been increased by it. rrhis increase of value, however, has not been an exclusive benefit to the Atlantic states, but a bene- fit common to all the states, eastern and western; while the latter still enjoy exclusively the advantage, derived from the appropria- tions of land for literary purposes. The incidental advantage of the increase in value of the public lands, in consequence of emi- gration, if it is to be considered in the light of a compensation to the ord states, must be shown to be an advan a e exclusively en- joyed by them. That this however is not the case is perfectly obvious, because the proceeds of the lands, thus raised in value by emigration, when sold, go into the United States treasury, and are applied, like other revenues, to the general benefit; in other words, to NATIONAL and not to STATE purposes. It is moreover most clear, that this increase of the value of lands in consequence of emigration, produces a peculiar benefit to the inhabitants of the new states, in which the inhabitants of the other states, unless owners of land in the new, have no par- ticipation. This benefit consists in the increase of the value of their own private property. On the other hand, it is undoubtedly true, that emigration is injurious to the Atlantic states, and to them alone. While it has had the effect of raising the price of lands in the west, it has, in an equal ratio at least and probably in a much greater, prevented the increase of the value of lands in the states which the emi- grants have left. It is an indisputable principle in political econ- omy, that the price of every object of purchase, whether land or personal property, depends upon the relation, which supply bears to demand. rrhe demand for land would have been the same, or very nearly so, for the same number of people, as are contained within the present limits of the United States, if they had been confined within the limits of the Atlantic states. But the sup- ply in that case would have been most materially different. It must have been so small in proportion to the demand, as to occa- sion a great rise in the value of land in the Atlantic states; for it cannot be doubted, that it is the inexhaustible supply of cheap and good land in the west, which has kept down the price of land on the eastern side of the Alleghany. If the Atlantic states had been governed by an exclusive, local, and selfish policy, every im- pediment would have been thrown in the way of emigration, which has constantly and uniformly operated to prevent the growth of their numbers, wealth, and power; for which disad- vantage the appreciation of their interest in the public lands, 1821.] ~Ippropriation of Public Lands for Schools. 329 onsequent upon emigration, can afford no adequate com- pensation. It appearing then perfectly clear to your commit- tee, that emigration is exclusively advantageons to the new states, whose population, wealth, and power are thereby increased at the expense of those states, which the emigrants abandon, the in- ducement to emigration furnished by the appropriation of public lands for the purposes of education in the west, instead of afford- inr a reason for confining such appropriations to that quarter of the union, offers the most weighty considerations of both justice and policy, in favor of extending them to the states, which have not yet obtained them. This reasoning seems to us legitimate and unanswerable. The argument itself, which proves the United States to have received a benefit by reason of the inducements held out in the ~vest to emigration, is as powerful evidence as can be had of the unequal operation of the system. The value of the lands has been increased, it is true, and the national treasury has become richer. But how has this been done? By ex- hausting the Atlantic states. Just in proportion as extraordi- nary encouragements have been offered to induce the people of these states to emigrate to the west,just in this proportion, have the states suffered, by losing a part of their population and wealth, and by being made to hold a lower comparative rank in the union. This consideration strengthens the claims of these states. If they had been in no manner affected by the donations in the west, they would still be entitled to simi- lar donations. And since it appears that this enhanced value of the public lands, which, as a national benefit, is thought to be a balance to the privileges enjoyed in the west, has actual- ly been produced at their expense, it is certainly a very strange mode of reasoning to argue not only that their claim i~ annulled, but that they have been compensated for their loss. Such compensation as they have received, has been taken from their own pockets. If the Atlantic states were becoming overburdened with in- habitants, it might be considered a just and benevolent act in the general government to offer extraordinary inducements to allure some of them away. A national good might thus be re- alized, without injury to any state. But a century at least would elapse, before the population of any state in the union could become too numerous for ample support from their na- tive soil. By drawing them away, a check is given to the 3J0 .ljppropriation of Public Lands for Schools6 [Oct6 growth of those principles, virtues, and habits, which multiply and extend the comforts of civilized life, which give stability to the social compact, asrendency to the intellect, dignity to character, courtesy to manners, refinement to taste, and ration- al, pure, and elevated enjoyment to existence. All the bles- sings, which it is easy to perceive would thus grow up in the old states, they must lose, by losing their population. Their po- litical influence in the union is also weakened, by diminishing the weight of their representation in the national legislature. Finally, the argument adduced by the New York committee sustains a position directly contrary to the one they advance. Instead of proving the Atlantic states to have no claims, it proves very clearly, that, in strict justice, they may not only ask to be put on an equal footing with the western states in re- gard to schools, but also to be compensated for the loss they have suffered in contributing so largely, and at the expense of sacrifices so dear, to raise the value of the public lands, and thus to swell the amount of the national treasury. The bene- fit resulting from this accumulation of property is enjoyed by all the states equally. The New York committee acknow- ledge that this benefit has sprung out of the emigration from the Atlantic states, and yet very unaccountably make this benefit a reason, why these states should not even be allowed an equal participation of those privileges, which have been the primary cause of the losses they have sustained in promoting the inter- ests of the nation. A second objection is expressed by the New York com- mittee in the following words: It is surely of the deepest interest to the welfare, the peace, and good order of the whole union, that the states every day springing up in the west, should not hereafter be peopled by a race, possessing nothing of civilization, but its vices and its arts of destruction. This might not, indeed, have been the necessary consequence, had the general government neglected to make pro- vision for the difl7usion of know] edge among the future population of this great territory, but it is clearly so much within the bounds of probability, as to authorize, and even to require a prudent aud wise government to guard against so dangerous a contingency, not oni or the sake of those immediately interested, but for the pro- motion of the best interests of the whole nation. The force of this argument we confess ourselves unable to discover. It seems to us little more than a speculation, which 1821.3 4ppropriation of Public Lauds for Schools. ~3I no experience nor sound reasoning can substantiate. What is the fact in regard to the states, which have grown up from a wilderness without any such provision for schools? Is it true, that they are peopled by a race, possessing nothing of civili- zation, but its vices and its arts of destruction? We think not. Why then fear this consequence in the west? Or even admitting it may be feared in a remote degree, on what prin- ciples of equity is one section of the country to suffer a depri- vation of its own means of improvement and happiness for the exclusive benefit of another? And, moreover, the western appropriations are to be a permanent fund. They are not to operate only till the settlers become civilized and enlightened, and then to cease. But when these states shall arrive at the point of civilization, which now prevails in the old, they will still have this accumulating fund to help them forward, while the others will have nothing. A weight is thus thrown into the scale against the old states, which is daily growing heavier, and which they have nothing, either at present or in prospect, to counterbalance. It is further objected, that, If the large additional grants for the encouragement of educa- tion, insisted on by Maryland, should now be made, a direct and obvious effect would be to diminish the fund, so important to the national interests, by placing immense tracts of lands in other hands, and enabling the individual states to undersell the general government, whenever they should think fit, and materially to retard or to lessen the sales. A plain answer to this objection will occur, on reverting to the object of the Maryland Report. Nothing more is there urged, than the justice of the principle, that all the states have a right to equal advantages from the public lands; and the fact, that all have not been thus favored. The objection before us has no bearing on these points. That the general fund of the union will be diminished is no reason, why the just claims of individual states should be rejected. Besides, the Maryland Report proposes no particular mode of answering these claims. Congress has full power to guard against the inconveniences apprehended, and to remedy every evil, by keeping the lands within its own control, by regulating the time of sale, and by fixing a price, under which the states shall not be allowed to sell. Many other modes of settling all difficulty from this 33~ sippropriation of Public Lands for Schools. [Oct. source will readily suggest themselves. That obstacles are to be encountered, or sacrifices made, in doing justice, is cer- tainly no argument that justice should not be done. Let the mode be left to the wisdom of Congress. The amount of the claims has been considered as another objection. But Mr Maxcy has shown, that instead of being large, it is comparatively small. If the same ratio of appro- priation be followed, which has thus far been obserired, the number of acres requisite to do justice to the old states will be 9,370,760, which is less than has already been granted to the new states, and little more than two acres out of a bundred of all the public lands unsold. That is to say, the sixteen states, which have not received any grants, eomprising Ver- mont, New Hampshire, Maine, Massachusetts, Rhode Island, Connecticut, New York, New Jersey, Pennsylvania, Dela.. ware, Maryland, Virginia, North Carolina, South Carolina, Georgia, and Kentucky, these sixteen states do not require so much land for their just proportion, as has already been grant- ed to the states and territories in the west. The notion of the alarming magnitude of the claim therefore is not correct; and if it were, it would add to the reasonableness of its bein equitably adjusted. It would truly be a novel proceeding, for a man to refuse paying his justs debts, because they were so large. The committee of the senate of the United States admit the ground taken in the Maryland Report to be well support.. ed, as far as the principle is concerned, and think it expedient to grant something out of the sales of the public lands for the aid of schools in the old states. Two or three statements, however, in their report, appear to us to admit correction. The lands, say they, thus granted to the states for the above purposes are not subject to taxation by the state government, and can only be settled in the manner pointed out by the states in which they lie. If, therefore, correspondent quantities for the purposes of education are to be granted to all the old states, der which term the committee believe all states will be inclu ed, which have not received donations of land for that purpose,) it would seem, that the states and territories, which now contain public land, would have an excessive proportion of their super- flicies taken up with such donations, leaving but a small part of the land in each subject to taxation, or settlement, except at the will of other sovereign states. 1S21.] dppropriatio~ of Public Lands for Schoot~. This we take to be a distorted view of the subject, and hold the apprehensions expressed in the last clause of the para.. graph to he quite gratuitous. In the first place, it ought not to be taken for granted, that the lands, which are required for the old states, are to he disposed of in the same way, or to be subject to the same conditions, as those already appropriated. Nothing of this nature is contemplated in the Maryland Re- port. Every thing relating to conditions and modes of con- veyance is left to congress, with the expectation, of course, that such a plan will he pursued, as will operate with perfect equity towards the new states. And in the next place, there is no occasion for the alarm, which the committee express, in regard to the quantity of land, which may be taken from any particular state. By the estimate attached to their own Re- port, the quantity of public lands in each of the new states, except Ohio, is nearly three times as much as the whole amount required for the old states. Let this quantity be divided among all the states, in which the public lands are situated, and the evil apprehended in the Report will be very trifling, even in its fullest extent, and upon the false supposi- tion, that it must necessarily exist at all. Again, the committee of the senate of the United States ob- serve, The lands, therefore, granted to some of the new states for the purposes of education, though distinguished in common parlance by the name of donations, were in fact sales bottomed upon valu- able considerations; in which the new states surrendered their Tight of sovereignty over the remaining public lands, and gave up the whole amount, which might have been received in taxes, before such lands were sold, and for five years thereafter. The fallacy of this notion will immediately be discovered on reflecting, that the new states never had any right of sove- reignty over the public lands, and consequently could surren- der none. It has been justly observed by an able writer, that as Congress possesses, in absolute dominion, the whole ter- ritory, before the creation of the new states, and makes those states, it is not to be understood how any rig/it of sovereignty is relinquished by them. The new state becomes such on conditions; one of which is, that it shall not tax the public lands within its limits. Nothing is given up, for nothing was held in possession. After the state is formed, then its rig/dr are commensurate with the conditions, which it has accepted. ~334 .4ppropriation of Public Lands for Sc/tools. [Oct. But these conditions exclude all control over the public lands, and absolutely forbid any demands of an equivalent for what might have been derived from them, had the privilege of tax- ation been allowed. It is furthermore to be observed, that in no public act, relating to the new states, has it ever been inti- mated, that they received the grants for schools, as an equiv- alent for any thing. No other motives have been assigned, or even implied, than the benevolent and disinterested ones of promoting education, morals, religion, civil order, and ~p6d government. Had any rig/it existed on the part of the states, in the estimation of the general government, is it credible, that it would never have been recognized, or even alluded to, in the acts relating to the public lands, and especially the grants to the states? We have thus adduced some of the general reasons, for ~n equal distribution of the public property for the encourage- ment and suppQrt of schools and colleges in all the United States; and endeavored to obviate, as we hope successfully, the principal objections, which have been started. It is hardly ~o be accounted for, that any objections should seriously be urge1l in a case of so much interest, importance, and obvious justice. If difficulties are thought to lie in the way, let them be remov- ed by Congress, in such a manner as shall be conceived m6~t judicious and effectual. But let not the apprehension of the~ difficulties blind our eyes to the perception of justice, tie up our hands, shut up our hearts, and disable us from making those efforts, which the cause of learning, and our national welfare, dignity, and honor, demand. It is at least a duty, which all the states, that have not received appropriations, owe to themselves and to future generations, to press the sub- ject on Congress, and have their claims fairly and thoroughly investigated. Let this be done, and for ourselves we can have no doubt of the result. Nor do we discover, that the view we have taken can ope- rate in any degree against the best interests of the western states. To suppose them unwilling to allow the other states equal privileges with themselves, ~vould be a reflection on their magnanimity, generosity, and good principles, which is not to be admitted. They have, it is true, a proportional interest in the public property, out of which any grants to th~ old states must be made; but it is equally true, that thes0 states once had an interest in the lands, which have already 1S21.] ~ppropriatiou af Public Laftds for Sc/tools. 33~i been granted to them. The committee of public lands pro- pose, that a certain portion of the amount of sales shall be allowed to the several states, which have received no aid for schools. Now this fund belongs to all the states collectively, and whatsoever is taken out for the east will consequently be drawing something from the west. But there is no inequality in this. All the appropriations, which have been, or may be granted, once belonge~l to the common fund. They were to be distributed equally to all parts of the union. Some of the states have already received their portion, while it yet remains for the others to receive theirs. To us this appears a fair statement of the case. But should it be found, on a closer examination, that the proposed appropriations to the old states will give the new ones a claim to something more, let it be granted. We plead only for an equitable adjustment, on the most feasible terms. Much might be said to enforce the policy of the measures, Which we have been endeavoring to defend on the ground of equity. It was an admonition of the illustrious Washing- ton, springing not more from wisdom and foresight, than the purest benevolence, that the states should vigilantly guard against any step, which should furnish ground for character- izing parties by geographical distinctions. Is it not obvious, that the course thus far pursued by Congress must have this tendency? To favor one part of the union more than another will necessarily excite sectional jealousies, sow the seeds of discord, and nourish a root of bitterness and discontent, inimi- cal to peace, harmony and good government. The safety and happiness of the nation depend on the moral as well as the political union of the parts, a union of sentiment, feeling, and affection, founded on equal rights, privileges, and enjoyments. To preserve this union, every state must have the fullest con- fidence, that all its rights are respected, and all its just privi... leges granted. There are, also, other considerations of great weight spring- ing out of the importance of learning, especially in a govern- ment like ours, where the supreme control depends on the opinion of the people. Under such circumstances, how im- portant is it, that this opinion should be enlightened? The representative body of the nation is drawn together from every part. Hence, it is requisite that the means of knowledge should be equally scattered, that the balance of advantages derived New Series, NO. 5. 44 336 .~Iypropriation of Public Lands for Schools. (Oct. from this source may be preserved. Without question, says Bacon, there is no power on earth which sets up its throne in the spirit and souls of men, and in their hearts and imagi- nations, their assent also and belief, equal to learning and knowledge; and again, there is scarce one instance brought of a disastrous government, where learned men have been seated at the helm. Now the most certain mode of making learned rulers, is to extend as far as possible the influence of learning to the people from whom the rulers are taken. But intelligence not only makes good rulers, it makes peace.~ able citizens. It causes men to have just views of the nature, value, and relations of things, the purposes of life, the tenden- cy of actions, to he guided by purer motives, to form nobler resolutions, and press forward to more desirable attainments. Knowledge smooths down the roughness, and tames the native ferocity of men. The maxim of the poet is true; Scilicet ingenuas didicisse fideliter artes, Emollit mores, nec sinit esse feros. Laws will be obeyed, because they are understood and righUy estimated. Men will submit cheerfully to good government, and consult the peace of society, in proportion as they learn to respect themselves, and value their own character. These things are the fruit of knowledge. But ignorance is a soil, which gives exuberant growth to discords, delusions, and th~ dark treacheries of faction. Ignorance in the people, in fact, takes all security from the government. While ignorant, they are perpetually subject to false alarms and violent prejudices, ready to give a loose rein to the wild storms of their passions, and prepared to yield themselves willing victims to the seduc- tions of every ambitious, turbulent, treacherous, and faithless spirit, who may choose to enlist them in his cause. Know- ledge will work upon this charm with a potent efficacy, lay the hideous spectres, which it calls up, and preserve the soundness and growing strength of the social and political fabric. It should, furthermore, be considered the glory, and the duty of our national legislature to aid in establishing morals and religion, both as a means of safety to the government, ~nd happiness to the people. The first step in accomplishing this purpose is to fix the principles of virtue, and impress the im-. portance of religious practice, by enlarging the sphere of 1521.] 4ppropriation of Public Lands for Schools. 337 mental light, touching the springs of curiosity, opening the channels of inquiry, and pouring into the mind new materials of thought and reflection. All branches of intellectual im-~ provement will lead to moral goodness. The mind, which is taught to expatiate throughout the works of God, to ascend to the heavenly worlds and find him there, to go into the deep secrets of nature and find him there, to examine the wonders of its own structure, and look abroad into the moral constitution of things, and perceive the hand of an invisible, Almighty Being giving laws to the whole, will be impressed with a sense of its own dependence, and feel something of the kindling flame of devotion. It is not in human nature to resist it. And so the man, who begins to study the organization of society, the mutual relations and dependencies of its parts, its objects, and the duties it imposes on those, who would enjoy its benefits, will soon be made to respect its institutions, value its privileges, and practise the moral virtues in which its very existence con-. sists. The more extensively these inquiries are encouraged, and these principles inculcated, in the elements of education, the greater will be the certainty of moral elevation of character, and the brighter the prospects of a virtuous and happy com- munity. In regard to religion, ignorance is its deadliest bane. It gathers the clouds of prejudice from all the dark corners of the mind, and causes them to brood over the un- derstanding, and too often the heart, with a dismal, chilling influence. It gives perpetuity to error, defies the weapons of argument and reason, and is impassive even to the keen sword of eternal truth. Religion requires the aid of knowledge to be received in its purity, and felt in its power. To bring into salutary action these two great instruments of human hap- piness, morals and religion, nothing is of so much importance, as to multiply the facilities of education and quicken the spirit of enlightened inquiry. Through the medium of education the government may give a strong impulse to the arts, and help to build up the em- pire of the sciences. Before men can invent, or make pro- found discoveries, they must be taught to think. Savages never advance a step farther in discoveries and inventions, than they are compelled by their wants. The external com- forts of civilized life depend on the useful arts, which an im~ proved state of the intellect has brought to light. In the sciences, and in literature, we have a vast uncultivated field ~33~ Education~ in Maryland. [Oef~ before u~. We will not enlarge on so trite a subject, as the value of these noble branches of human improvement, nor on so obvious a one, as the immense advantages that must flow to us as a nation, from having them thoroughly cultivated among us. They ought to be brought under consideration in connexion with this subject; and on every mind, whose con- ceptions are not narrowed within the most ordinary bounds, they xviii have a solemn and impressive influence. In the arts of traffic, and the mysteries of gain, we may perhaps be con- tented with the skill we possess. But to be contented with our progress in the sciences and literature, and all those attain- ments, which chiefly dignify and adorn human nature, would argue an obtuseness and apathy altogether unworthy of a peo- ple, who are blessed with so many political, civil, and local advantages ol various kinds, as the inhabitants of the United States. In closing this article, we are glad to embrace the opportu- nity afforded us by the subject we have been discussing, of saying a few xvords on the literary enterprize and efforts of the state, in which the Rcport, recommending a general appropri- ation for the aid of learning, originated. The legislature of Maryland gave early attention to the establishment of schools. At the session in 1692, an act was passed for the encourage- ment of learning; and four years afterwards King Williams Free school was established at Annapolis, on a very broad and liberal basis. In 1723 a school was erected in each of the counties, and the funds, which had been provided by previous acts for the support of schools, were distributed among them in equal proportions. Lands were also given in each county for the use of the teachers. One source of income to the school fund was a tax of twenty shillings a poll on all negroes imported into the state, and also on all Irish servants who were papists, as the act says, to prevent the growth of pope- ry by the importation of too great a number of them into this province. In these county schools, such children as the visitors should select for the purpose were required to be taught gratis. This system, it would seem, was conducted with considerable success, and was aided from time to time by the patronage of the legislature. The school at Chestertown, in Kent county, had become so flourishing in the year 1782, that the visitors petitioned the legislature to have it formed into a college. The petition was 1821.] Education in Maryland. ~39 granted, and the institution took the name of Washington Cob lege. The number of students at the time of this change was one hundred and forty, and was soon after augmented to two hundred. Buildings were erected at the expense of ten thou- sand pounds taken from the funds, which had been procured by private subscriptions. The state granted an annual appro- priation of twelve hundred and fifty pounds. Two years after, another college was founded on a similar plan at Annapolis, called St Johns college, with which King Williams school was incorporated. To this institution was made a yearly grant of seventeen hundred and fifty pounds. The same act, by which St Johns college was founded, authorized a union of this with Washington college, under the title of the University of Maryland. The acts for founding and incorporating these institutions were drawn up with considerable ability, and they embrace many sound principles and just views. But they are marked with some radical defects. The system of government and discipline was one, under which no institution could long exist. Each college was under the direction of twenty-four visitors. These were required to assemble quarterly at the college to ex- amine the students, hear appeals, decide on their conduct~ an4 in general, to put the laws into execution. Thus all power was virtually taken out of the hands of the immediate officers, in whose hands alone it could be of any value in preserving ne- cessary subordination, and enforcing wholesome rules of disci- pline. The students would not respect officers, who they knew had no authority, and from whose decision they might appeal on the most trivial occasion to a body of men, who could have no more than a very imperfect knowledge of the merits of the case, and who at best could be but ill qualified to judge. The circumstance of meeting so often, and entering into such details, must also have contributed rather to diminish, than strengthen the interest of the visitors themselves. In addition to these evils, the scheme of having an university composed of colleges in different sections of the state, we conceive to have been wholly impracticable. The two bodies of visitors were united into one with a chancellor at its head. This body in its united capacity formed laws and regulations for the two colleges. But it is impossible, in the nature of things, that the interests of institutions so far separated could be pre- cisely the same. Nor could they act in concert, or promote 340 Education in Maryland. [Oct. ~n unity of purpose. Under such circumstances, it is not sur- prising, that this university did not answer the expectations of the legislature, nor of the public. So much dissatisfaction at length prevailed, that in the year 1805, the state entirely with.. drew its patronage. We have heard other reasons assigned, than those we have mentioned, such as the spirit of party, unfortunate choice of teachers, and local prejudices. These, no doubt, had some influence; but we are convinced that no combination of fortunate circumstances could have remedied the evils at which we have hinted. Since the decision of the Dartmouth college question, it has been made a subject of de- bate, whether the proprietors of these colleges cannot regain their former privileges. It is urged, that many individuals made large donations, with the understanding, that the state was permanently pledged to continue the support at first granted. But it is so doubtful whether this point can be well sustained, that it is not likely any decided step will be taken. Although the state was disappointed in the success of this institution, it did not slacken its exertions in aiding the cause of learning. Its funds were distributed more largely to the counties. In most of the counties, respectable academies have been established, which receive annually considerable sums out of the state treasury. Each county, we believe, is enti- tled to eight hundred dollars, and some receive more. There are instances in which two or more counties have united their resources. Charlotte Hall school is supported in this way, and sustains a high rank. In addition to these grants for acad- emies, nearly as much more is given for common schools. The whole amount of money annually expended by the state of Maryland for the purposes of education, exceeds twenty- five thousand dollars. These details are enough to show, that the efforts of this state in advancing the interests of learning have been lib- eral, honorable, and worthy of the highest praise. It has afforded its patronage to several literary institutions, by loaning money, granting lotteries, and other facilities. To Baltimore college it granted a lottery, which was to yield thirty thousand dollars. In 1807 the Medical college was founded in Baltimore, with the privilege of raising forty thou- hand dollars by lottery; and in 181~ the charter was extended to embrace all the departments of science and literature, with ~ privilege subsequently granted of raising one hundred thou- 1821.] Educatt~m in ~II1aryland. ~34 I sand dollars more. The institution with this extension of its charter is called the University of Maryland. It consists of four faculties, namely, divinity, law, medicine, and the arts and sciences; and is under the control of twenty-eight regents. To obtain a degree, students are required to be examined iii the presence of the regents; and no one can be considered a candidate for the degree of bachelor of arts, till he has attend- e.d lectures in the university for the space of two years, nor for the degree of master of arts, till he has attended the same for three years. The medical department is the only one, which has yet gone into full operation. As a medical school, this is believed to be little inferior to any in the country, and is daily rising in reputation. The college building is beauti- ful and spacious, and the lecture rooms remarkably commo- dious. The chemical apparatus is considered equal, if not superior, to any in the United States. During the last session of the legislature, a loan was granted to the university of Mary- land, and it is. hoped, that all the departments will before long be brought at least into partial operation. The professor of divinity, Rev. Dr Wyatt, has given a few lectures, but no regu- lar course. The professor of law, Mr Hoffman, is preparing a course of lectures, which, if we may judge from the syllabus he has published, will do honor to the university, and justify the expectations, which have been raised by the favorable evidences of his talents and qualifications exhibited in his work on the study of the law.* St Marys college in Baltimore was empowered by the leg- islature in 1805 to admit students to degrees, and grant diplo- mas. This is a highly respectable institution, and has sent forth some of our first literary men. lit is under the direction of the catholics, but no religious test is required to enjoy its privileges, or obtain a degree. It is, indeed, a fact, which re- dounds much to the honor of the state, that in all its charters to literary institutions, from the time of its first acts, it is for- mally and explicitly stated, that no distinctions shall be made in favor of any religious sentiments, but that students, pro.. fessors, visitors, and regents, shall be taken from all denomi- nations and be admitted to equal privileges. It is a complaint, we believe, of most of the states at the south, which have made donations for the aid of schools and * See a review of Hoffmans Course of Legal Study, N. A. Review, vol. vi2 p. 45. 34~ Educatton in Maryian6~. IIOct6 colleges, that the money has not produced so good and exten.. sive effects, as was desired and reasonably expected. This subject deserves serious attention. We are confident, that the munificence of the state legislatures has been much greater than is generally imagined. A statement of the amount of donations in the several states for a number of years past, and the manner in which they have been applied, would be a valuable document. It would afford a clue to the cause of failure in particular cases, and lay a foundation for a more ju- dicious and beneficial management. We suspect the grounds of complaint may be traced to two sources; a deficiency of qualifications in the persons to whom the disposal of money is entrusted, and a want of proper care in selecting teachers. Before we wholly close this article, we beg leave earnestly to recommend the principal subject of it to the attention of the American public at large, and individually of the state governments in our own neighborhood, who cannot, we think, acquit themselves of unfaithfulness to the interests of their constituents, if they do not imitate the laudable example of the legislature of Maryland, in pursuing so important and just a claim. We need not, any more than the committee of the senate of Maryland, the framers of the Report before us, dis~ claim the idea of looking with jealously on the appropriations for education in the new states. We would sooner double than diminish them. But we must also be permitted to say, what experience, we believe, has already shown in some of these states, that the appropriations are likely, in the new states themselves, from hasty and injudicious application, and the gen. eral immaturity of society, to be almost wholly unproductive of any permanent utility; while by extending them to the older states, where there are already flourishing establishments for education capable of forming a nucleus for farther increase, the greatest benefit and honor would result to our common country. in conclusion, we cannot but express our gratitude to the legislature of Maryland for the enterprize and perse. verance with which they have brought forward and pursued this claim, and to the chairman of their committee, Mr Max.. cy, for the forcible and considerate form in which the Reports are drawn up. CotW or~ English Law. 343 1s~1i Ant XVI.Tke .,~dministration of the Criminal Code iw England and the spirit of the English government, by Al. ~ottu, Counsellor of the Royal Court of Paris, and Scretary-G~neral to the Royal Society of Prisons, and t~ the Special CQuncil of the Prisons of Paris. Translated for the pamphleteer. London. 1820. WE have suffered this pamphlet to lie by u~ a long time, in consequence of an intimation that an edition of it was about to appear in this town, under the direction of two eminent members of the profession; and we were desirous of recoin- mending it to our readers as an .American publication. This design seems now to have been relinquished, and we are un- willing to abstain longer from noticing a work, which recom~ mends itself, as well by the peculiar circumstances which pro- duced it, as by its intrinsic value. M. Cotto, as he tells us in his preface, was sent by the French government to England in 1819, for the express pur- pose of studying there the system and conduct of its juries ~ and it appears from the spirit displayed throughout the work, and the zeal and ability with which the commission was exe- cuted, that a more fit man could not have been selected. He judged very rightly, that in order to obtain a correct no- tion of the English trial by jury, it was necessary previously to familiarize himself with the general nature of the English constitution; and accordingly, a very large, and to us the most interesting portion of the pamphlet, is devoted to the authors remarks on the peculiar character of the government of Great Britain, and its influence on the manners of the people. M. Cottu, as mny be supposed, was furnished with letters of in- troduction to some of the most distinguished members of the English bar; and if it is gratifying to observe the candor, in- genuousness, and ardor for truth, with which the errand was undertaken, it is no less so to remark the courtesy, hospitality~ and willingness to communicate, which appear on the part of th~ English. Every friend of liberty and of peace must rejoice. to see these two rival kingdoms approaching each other with such dispositions; throwing aside the feelings of jealousy and rancour, which for centuries have filled Europe with blood, and brought misery upon each other ; and mutually inclined to re- ~iprocate those offices of kindness and good fellowship, which .TVew Series, .TVQ. 8~ 45

Cottu on English Law 343-363

CotW or~ English Law. 343 1s~1i Ant XVI.Tke .,~dministration of the Criminal Code iw England and the spirit of the English government, by Al. ~ottu, Counsellor of the Royal Court of Paris, and Scretary-G~neral to the Royal Society of Prisons, and t~ the Special CQuncil of the Prisons of Paris. Translated for the pamphleteer. London. 1820. WE have suffered this pamphlet to lie by u~ a long time, in consequence of an intimation that an edition of it was about to appear in this town, under the direction of two eminent members of the profession; and we were desirous of recoin- mending it to our readers as an .American publication. This design seems now to have been relinquished, and we are un- willing to abstain longer from noticing a work, which recom~ mends itself, as well by the peculiar circumstances which pro- duced it, as by its intrinsic value. M. Cotto, as he tells us in his preface, was sent by the French government to England in 1819, for the express pur- pose of studying there the system and conduct of its juries ~ and it appears from the spirit displayed throughout the work, and the zeal and ability with which the commission was exe- cuted, that a more fit man could not have been selected. He judged very rightly, that in order to obtain a correct no- tion of the English trial by jury, it was necessary previously to familiarize himself with the general nature of the English constitution; and accordingly, a very large, and to us the most interesting portion of the pamphlet, is devoted to the authors remarks on the peculiar character of the government of Great Britain, and its influence on the manners of the people. M. Cottu, as mny be supposed, was furnished with letters of in- troduction to some of the most distinguished members of the English bar; and if it is gratifying to observe the candor, in- genuousness, and ardor for truth, with which the errand was undertaken, it is no less so to remark the courtesy, hospitality~ and willingness to communicate, which appear on the part of th~ English. Every friend of liberty and of peace must rejoice. to see these two rival kingdoms approaching each other with such dispositions; throwing aside the feelings of jealousy and rancour, which for centuries have filled Europe with blood, and brought misery upon each other ; and mutually inclined to re- ~iprocate those offices of kindness and good fellowship, which .TVew Series, .TVQ. 8~ 45 ~i44 Gottu on English Ltw. [Oct. cannot fail to be productive of happines~ to themselves and of benefit to mankind. It reminds us of the best days of Greece and Rome, when the most illustrious citizens of rival republics were delegated, for the purpose of observing and bringing away whatever was excellent in the characters and institutions of their neighbors, for the improvement of their own country. We cannot but indulge the hope, that this visit is the prelude to a general and liberal intercourse between these distinguished nations. This grateful reception, united with his national enthusiasm, and the novelty of all he saw and heard, served to raise the admiration of M. Cottu for the government and people of England to a very high, we had amost said extravagant pitch. Though we agree most heartily with him in his encomiums on the British constitution, and on the manly, vigorous, and hu- mane character of the British nation; we still think that, in the transports of his admiration, he has overlooked some of the faults, and misrepresented some of the features of both. It is not at all surprising that one born and educated in a country like France, in which civil liberty is unknown; who had read of republics where the people had a voice in the government, and where the magistrates were amenable to the laws, but who had felt only the galling weight of military law, should be lost in wonder and admiration on the first view of that beautiful system of civil polity which the English have erect- ed for themselves. Like the artless inhabitant of some newly discovered country, who, acquainted only with simple nature, is shown for the first time a stately edifice, he is unable to discriminate between its beauties and defects, but gives vent to unrestrained expressions of surprise and delight. We are not inclined to find fault with M. Cottu, for the favorable view he is disposed to take of England and its government. We think it highly honorable to him that he has been able so far to divest himself of his national prejudice as to err on that side; but viewing the object of his adoration from the station of republicanism, we confess it presents to us an aspect some- what different from that in which he has drawn it, and we feel ourselves bound to correct some of the mistakes into which he has fallen. We oughtin justice, however, to remark, that the live- ly interest he feels in the object of his mission, while it leads to the inaccuracies we have alluded to, displays itself in a very ready perception of many of the nice peculiarities of English -34~ 1821.1 Cottu on English Law. jurisprudence, which he has explained with great precision, without that technical jargon, which professional writers find it so difficult to shake offi Indeed, for those who are desirous of obtaining a general acquaintance with the English consti- tution, and have not patience or leisure to search for it in the volumes of a lawyers library, we do not know a more valua- ide treatise. In proof of the remark we have just made, we quote his definition of the term Benefit of Clergy, a great bughear to all learners in the law. Benefit of clergy, says he, is an absolute exemption from the punishment of death which the clergy appropriated to themselves in the time of their own power, and of the profound ignorance of the people. As, however, they did not venture to arrogate such a privilege, solely on the score of their being an ecclesiastical body, they continued to establish it upon the plea of the necessity of se- curing every protection to the sciences; and as there were few at this time except themselves, who possessed the slightest know- ledge of letters, there were of course few others who could profit by this privilege; not that it required any extraordinary erudition to be admitted to the enjoyment of it, for to be able to read was sufficient; but so profound was the darkness of those days, that even among the clergy, there were only a few who attained the first degree of civilization; at such a period, therefore, this bene- fit appeared so exclusively in favor of the clergy, that from them it derived the name which it has p reserved until the present day. In later times so n~uch has information been diffused, that in- sensibly all ranks have been enabled to plead this privilege in their favor; and the punishment of death would have been by this means almost erased from the penal code of England. in or- der, therefore, to reestablish it, certain statutes have been framed by ~vhich particular crimes are debarred from this benefit of cler- gy, and it is only by virtue of these statutes that sentence of death is passed at this day.~ We have here, in the compass of a few lines, a clear expla- nation of what takes up a chapter of as many pages in Black- stone, and is at last left in obscurity. Indeed, we see through- out M. Cottus book, an illustration of the remark, that strangers of inquisitive minds, whose attention is awakened, and who are constantly on the look-out for novelty, frequently discover or place in new points of light, peculiarities in the manners and institutions of the countries they visit, which have escaped the observation, or been negligently passed over by the natives themselves. 346 Gottu on English LaW. We shall not trouble our readers with M. Cottus minutia description of the forms of criminal proceedings, in the Eng-. lish courts, which, though they differ in some respects from our own, yet in all essential particulars so nearly resemble them, that the repetition would be useless. We think the fol- lowing account, no less just than eloquent, of the effect of local attachment, for which the English are remarkable, cannot be uninteresting. Thus, ~he says, C the manners of the nation so far from being in opposition to the laws, are on the contrary in unison with the very spirit of them, and in all families the spirit of inequality of property, and of the succession of the eldest to almost the whole of the real estate, is held inviolately sacred. This law, and the manners which accommodate themselves to it, are fruitful in great results. The most important of them all, is that of attach- ing every family not merely to its property but likewise to the county in which the property may be situated, and this attach- mnent often becomes so lively, nay I may say so religious a senti- ment, that there are many estates which have belonged to the same family ever since the time of the conquest. A man naturally takes a pleasure in improving and embellishing a spot which he- knows will descend to ~is most distant posterity. Hence there is no rural scenery that wears so seducing an aspect as that of England, covered as it is with parks which exhibit the ablest cub tivation, and are animated by the sports and frolics of the mul- titude of domestic animals which find a safe asylum within their boundaries. Every gentle man is as particular in the care of his garden as of his house, and would be ashamed that a stranger should see it in a state of disorder or neglect. The eye of the master is always equally vigilant, because in fact the master never grows old. When age begins to make him indifferent to the pleas- tires of the world, when wealth offers its seductions to him iii vain, and when he no longer attaches importance to any thing ex- cepting what is connected with eternity, his place is filled up by his eldest son, whose youth binds him more closely to the things of this life, and who, sure of the next possession of the family property, watches over it with a care which becomes proportiona- bly more active as his father draws more rapidly to the end of his career. It is not however merely to the order of succession that we ought to attribute the custom, so common among the English, of passing the greatest part of the year upon their estates, for in the province of France, where the same order of succession was for- merly observed, the owners of landed property were exactly as much in the contrary habit of shutting themselves up in cities, and i~naking them the principal seat ~f their affairs. This cub 1821 Cotttt on English La~w. ~347 torn in the English, therefore, is the result of all their municipal institutions, which, as I shall show, confer on the principal per- sons in every county, not only the almost entire government of that county, but also the levying, distribution, and employment of a great part of the taxes, the administration of justice, and the maintenance ~f public order. The following fact, stated by the author in his chapter on juries, serves to confirm the truth of the foregoing remarks, and to show how admirably adapted the English government and manners are to the perpetuation of liberty, by turning the ambition of individuals to the use of the state,by making the path of duty the surest road to power. In order to give an idea of the importance which is attached to the duties of the grand jury, and the scrupulous punctuality with which they are fulfilled, I must state that, at the last Gloucester assizes, which were delayed eight days by an unfor~ seen event, the marquis of Worcester, eldest son of the duke of Beaufort, and one of the first noblemen in England, was appoint- edforeman of the grand jury, and although he was at that time on the point of setting out to join the duke of Wellington in Bel- gium, and had made every preparation for departing on the day when it was presumed the assizes would be at an end, he yet put off his journey, and even ran the risk of losing the object of it alto- gether,.which was to be present at the grand reviews,rather than let any other person have the honor of acting as foreman or chief of the grand jury in his absence. We are far from wishing that our own country may see the day, when the post of foreman of the grand jtlry shall be an object of contest between powerful individuals, with a view to the success of their own ambitious projects; much less do we desire to anticipate the period, when the growth of corruption and vice shall have raised the grand jury to that high degree of importance and responsibility it now has in England. We can- not, however, forbear to notice the indifference which prevails among us with regard to the duty of serving on juries, and the reluctance with which those who are best qualified for the task are brought to the performance of it. No symptom can be more alarming in a republic, than that apathy which suffers those duties to the public which are laborious and unprofitable to fall upon the ignorant and the worthless. Foreign invasion and open revolt are comparatively trifling evilsthey are seenthe danger Is apparent, and the remedy certain; but 348 Gottu on Englisk Law. [Oct. that selfish spirit which leads the citizen to prefer his ease or his gains to the public service, is the secret enemy, whose progress is unperceived until the moment of destruction approaches. It were well also if our grand juries would more generally bear in mind, that the duty of deliberating on ,riminal infor- mations is not the only one which devolves on them. The condition of prisons and their inhabitants, the state of the roads and bridges in the county, the existence of nuisances, the ad-. ministration of the laws respecting paupers, and many other subjects which are connected with the furtherance of justice and the public convenience, come within the scope of their powers, and seem in England to be brought under the closest inspection. This subject leads to another, intimately connect- ed with it, the mode of conducting criminal trials in England; and we present our readers with the following curious contrast between a French and English court, which we beg leave to recommend to the attentive consideration of our own bench and bar. In England, says M. Cottu, we do not hear the counsel for the prosecutor describing the criminal as a monster, who ought to be rooted from the earth, or comparing him with all the most enor- mous villains that have ever astonished the world by their crimes. Neither do we see the counsel for the prisoner offering a thousand absurd suppositions to the jury upon the manner in which the crime has been committed, lying to his own conscience, endeav- ouring to pers~ade the jury to betray theirs, and threatening them with judgments from heaven, if they venture to do their duty. No one is allowed to alter the light of the evidence by showing it through the prism of his own opinion or fancy; it appears to the jury in all its purity, and simply as it was manifested in the course of the examinations. It remains with them alone to judge of it, without the help of any other influence. The judge then recapitulates the facts to the jury, without en- deavoring to relieve their dryness by reflections more or less lof- ty or more or less suited to the subject. Sometimes, when the case requires it, he makes remarks upon the depositions [tes- timony] which he has heard, but in general he confines himself to exhibiting the substance of them to the jury in its simple nudity, and rests the effect of his statements, not upon the ornamental languao~e in which he invests them, but on the importance of the facts w~iich they contain, and on which the life or liberty of a fellow-citizen en s. Let us now turn to the French picture: 1821.] Cottu on English Law. ~349 The procurer-general sets forth the accusation :and here we see the cruel and unbending spirit of our ancient criminal courts exhibited in all their terrific energy. The prisoner is yet uncon- demned, but already he is treated as if he were convicted of the crime imputed to him. Every insulting epithet is lavished upon him, and I have seen him sometimes addressed in terms of the most indecent contempt. The advocate for the prisoner main- tains the innocence of his client. This defence presents an abuse no less dangerous and revolting. We see young lawyers who are to be admired for the mildness and simplicity of their manners, the purity and uprightness of their principles, endeavoring, in defence of crimes which are but too evident to overshadow the most incontestable proofs with doubt, to support suppositions which are utterly destitute of probability, to establish maxims sub- versive of all social and moral order, to inspire groundless un- easiness in the minds of the jurors, and to take false credit to themselves for the honor of saying a villain from the punishment which he richly deserves. Sometimes, to increase the shamefulness of these proceedings, the procurer-general replies, the advocate answers him again, each party gives way to violence, and the court becomes an actual stage, where the passions exhibit themselves without restraint, where enthusiasm is carried even to delirium, and the head of the delinquent is contended for with a fury which revolts the specta- tors and makes strau~ers shudder. The president delivers a summary of the whole affair. This summary ought to be an impartial exposition of the charges against the prisoner and the grounds of his defence: but is this the case? No! so far from it that we must acknowledge it is oftener only a repetition of all the arguments against him. The mis- representations of his advocate sometimes render this proceeding on the part of the president unfortunately necessary; but very of- ten the resentment which has been excited in his mind during the course of the debate has an involuntary effect upon it, and doubtless influences him to dwell with much more force upon the facts which favor the prosecution, than upon those which favor the prisoner- It will be seen, continues M. Cottu, from this or~anizatiou of English courts of law, that they are far from a~rding the same dramatic interest which ours present. With them no part is assigned to the accused; his hat hung upon a peg would supply his place to the spectators nearly as well, for he is so placed as to turn his back upon them, and no interest is awakened in them either by the sight of him, the development of the evidence against him, his defence of himrelf, or the efforts ot the judge Pi elicit the truth. There is no contention between the accuser and the accused, and the latter has the appearance of a man who $50 CotWo# Dagtisk Law. [Oct. leaves almost with indifference a matter on which his life is to depend to be settled between his own counsel and the prosecu- tors; his voice falters not as p roof after proof accumulates against him, no paleness steals over his visage, no damps hang upon his brow, no appalling silence reigns between the interval of the dis- covery of his crime and his own confession of it, to excite in those around him, the pLy, horror, revenge, and every other violent emotion to which our debates give birth. In England all is calni and cold, the lawyers, the jury, the judge, the public, and even the prisoner himself, who seems scarcely to be sensible of the peril in which he stands, or of the strength of the case which is made out against him. This contrast is truJy a striking one, and as M. Cottu very candidly confesses, highly discreditable to his countrymen. It should be one of the first steps of the French government to bring about a reform in this essential particular. Much may undoubtedly be done by care and strictness on the part of judges, to repress that excitement of the feelings, which when uncurbed is utterly at variance with the spirit of the trial by jury, and will finally prove fatal to it. It would be surprising if this difficulty did not occur in a nation unused as the French are to this species of trial, and all whose feelings and habits are in opposition to its forms. But although we think it will not be impossible to introduce a sufficient degree of calmness into the proceedings to be consistent with the decorum neces- sary in a court of law, we have no hopes of seeing the French courts brought into that state of quiet and order which belongs to those of England. This would be to change the physical constitutions of the natives,to metamorphose a Frenchman into an Englishman. In France, every thing is dramatic,~- effect is the object of every motion. In England every thing partakes of that calm, cool, imperturbable character, which M. Cottu gives of their courts of justice. If an English barrister should so far forget himself in his zeal for his client, as to give way to any uncommon exhibition of feeling, he would soon be arrested by the frowns of the judge to remind him that he was wandering from the point. If he turned to the jury, he would see a dozen, calm, unmoved, tranquil faces, utterly un- conscious that this flourish was intended for them, and waiting to proceed in the cause, while the audience generally would very likely be wondering what sudden frenzy had seized the unfortunate gentleman. A French court is the reverse of all this; an advocate who should adopt the moderate, argumen~ 1821.3 Gottu oiz English Law. 351 tative manner of an English practitioner, would be reminded by the yawns and impatience of his hearers, that however forcible his reasoning, he was not in the way to gain his point. Every thing about him on the contrary tends to stimulate his ardor; not an impassioned expression or a vehement gesture, but is met by a corresponding shrug or grimace on the part of the jury. The audience shew by exclamations, sighs and murmurs the various emotions by which they are agitated, and the unfortunate culprit, who in the moment of conviction gives way to an involuntary burst of anguish, instead of being taken by the arm, as in England, and let quietly out of court to make way for another, is answered by the bystanders with all the sympathy dune aimable sensibilit~i. A French court will resemble an English one, when the Boulevards shall be like Bond street, or the theatre of the Porte St Martin like Astleys. The French must rest satisfied if guilt is punished, and inno- cence protected, without imitating that impenetrable coldness of manner under which the English hide the warmest and the noblest principles. We have already said so much on the subject of courts, that did we not think the following description of a court-room at the assizes would be new to many of our readers, we should think an apology necessary for inserting it. It follows from all the details into which I have entered, that English courts of justice wear an aspect of mildness and impar- tiality, which ours, it must be confessed, are far from presenting to the eyes of a stranger. In England every thing breathes good. ness and indulgence; the judge seems like a father in the midst of his family, called upon to judge one of his children. His coun- tenance has nothing terrific in it. His desk, according to an ancient custom, is covered with flowers, as is also the table of the officers. The sherifl likewise, and other persons connected with the court, each wear a bouquet. The judge himself, with a con- descension which is really surprising, suffers the space allotted to him to be intruded upon by a crowd of spectators, and in this manner he may often be seen surrounded by the prettiest women in the county, the wives, sisters, or daughters of the grand jury, who, coming to the balls and public entertainments which are given at the assizes, likewise make it a point of duty, or a pleas. ure to attend the court. They appear in the most elegant morn- ing dresses, and a singular contrast is afforded by the venerable head of the judge, covered as it is with a large ~vig, elevated New Series, No. S. 4G (Joltu on iEnglislt Law. 852 [Oet~ above so many youthful female heads, adorned with all of beauty that nature can give, and of attraction that art can add. This seems hardly credible to those of us who have beea used to the stern simplicity of our own courts, where the mag- istrates are so little distinguished from the crowd, either by dress or public deference, that they have need of all the ad- ventitious aid of forms to support the dignity necessary to their station. M. Cottu has been led in this description to discover a sentimental allusion, where his friends the English would hardly have thought of looking for it, in the flowers which are spread before the court. If he had cast his eye at the lower end of the hail, and the gentry who occupy it, and had then observed how often these emblematical nosegays were raised to the face, he might have conjectured, that however fanciful this custom may have been in its origin, it has been kept up from much more homely considerations. The authors remarks on the civil proceedings of the Eng- lish courts are loose and inaccurate. We instance his defini- tion of copyholds and courts of record, and his general asser- lion that all demands of a plaintiff are resolved into a question of damages. This subject, however, was not comprised in his commission, and we can easily pardon him a little obscurity on questions, which the most learned English lawyers have hardly made intelligible. He does injustice, however, where he had better means of correct information. He says of the punishment ofpeinefrrte et dure, that this dreadful monument of the barbarity of ancient times, even yet is not formally abolished. The statute of 12 Geo. iii, c. 20, by restoring the common law punishment for standing mute, effectually repeal- ed this barbarous law, and the reason of its not having been named in the act probably was the unwillingness of the legis- lature to recal so odious a subject. XVith respect to elections and the qualifications of voters and members of parliament, M. Cottu seems to have adopted hastily the information he obtained en passant without always taking the pains to satisfy himself of its correctness. His praise on these points, as on every other, is unqualified. He is a great admirer of rotten boroughs, because they return into parliament men of the most opposite views, as if that could be done in no other way; and he is delighted with bri- bery at elections, because none but the rich can be returned, and that strengthens the aristocracy; a favorite object with 182L3 Cottu oa English Law. 353 M. Cottu. We confess we do not look upon the rotten boroughs as the worst feature in the system. The tenure by which these seats are held is known, the price is fixed, there is no room for that general corruption which is seen in the great boroughs. We complain that counties and boroughs are not fairly represented; that the voice of the people, that por- tion of them we mean which is entitled to a voice, is not heard. In the counties the business of election is done by a few great landholders, in the boroughs by the dregs of the populace. Where did M. Cottu learn, that in Liverpool to constitute an elector it is only necessary that the individuals name should not be on the list of paupers to whom parochial relief is grant- ed? So far is this from being true, that in this city containing a population of 120,000, the number of electors hardly ex- ceeds three thousand; whereas, if M. Cottus statement were correct, it must exceed seven times that number. This bor- ough was erected when Liverpool was an inconsiderable town, and the right of voting was restricted to those who then exer- cised certain trades in the city, and could be transmitted only to the sons of freemen and those who served an apprentice- ship of seven years with them. This number, as the place increased, bore a very small proportion to the whole popula- tion. No new comer can acquire it, and neither non-resi- dence nor want of property can deprive an individual of this right, who has once become entitled to it in either of the ways just mentioned; so that this privilege in this great borough is in the hands of a small number of tradesmen, many of them of the lowest order. With regard to the right of election in counties, he says, it belongs to every one who possesses forty shillings of revenue in free/told, and of course, continues M. Cottu, with the exception of the lowest classes, every individual has a right to assist in the appointment of members of parliament. We agree with him entirely in the fact, but to the inference we cannot subscribe. Every one, in the least acquainted with the nature of landed property in England, and with the legal definition of a freehold, knows, that a freeholder in the mid- land counties of forty shillings a year is as rare as a sphinx. The land is parcelled out among great proprietors who lease to the farmers for long terms, and it is extremely rare to see a farmer who is the owner of his land; indeed the name ori- ginally denoted that he was not. A lease of a thousand years gives no right to a vote, and we think we are correct in sayin~ 354 (Jotin on English Law. [Oct. that several of the largest counties in England, (to say nothing of Scotland) do not furnish more than a few hundred electors of knights of the shire. M. Cottu is not satisfied with the praise bestowed on the distribution of the elective franchise. He is equally pleased with the manner in which this right is exercised, and seems to be initiated into the English doctrine, that broken beads are essential to the freedom of the state, as will appear from the following account of a scene which took place at Westminster during the late general election. Captain Maxwell, one of the most distinguished officers of the British navy, offered himself at the last general election as candi- date for Westminster. He was supptwted by the ministers and their adherents, and bad in consequence to contend with the opposition party, as well as with the populace, which, I know not why, is in London always attached to that side of the question; whilst in other towns, as for instance at Liverpool, it follows the ministerial banners. The captain had therefore to expect a lively resistance on the hustings. Every people has its peculiar mode of testifying discontent. In France this is done by hootings and hisses, in England by hootings and mud. Mud is even thrown at the king himself when he goes to parliament to make communica- tions, which are disagreeable to the multitude: of course there was a disposition to throw mud at the captain, but the weather having been remarkably dry, no supply of it was at hand; the hustings, however, being constructed in a market place, the ground about them was strewed with the refuse of vegetables, & c. For want of mud the people availed themselves of this mixture; and a stone which was found in it unfortunately falling into the hands of a malcontent more adroit than his fellows, he directed it against captain Maxwells eye. This was undoubtedly a misfortune to him, and at the same time an offence in the man, which deserves punishment; but are we on such an account to condemn a law which fills the county for more than a month with a species of delicious joy, and inspires the humblest citizen with an idea that he composes a part of the public authority, and has his share of in- fluence in the government? Is it to be supposed that the captain, indignant at such excesses, and disgusted with a constitution that tolerated or gave birth to them, retired from the hustings weeping over his country, and mourning to see it delivered up to confu- sion and licentiousness? O~n the contrary, he reappeared the following day, his eye covered with a bandage, on the same spot where he had been so grossly assailed, and harangued the people who had everwhelmed him with outrages. He began by obser~ 18211 Cotttt on Englt8A Law. 355 ing, that he was accustomed to missiles different from that which he had the day before received, and seized the occasion of allud- irig to the battles in which he had been engaged. He was listen- ed to for some time with applause. He afterwards added, that, as an Englishman, he was well pleased to see the people repel those whom they suspected of so1iciting their suifrages only with the design of betraying their rights an d liberties; that in conse- quence, they had done rightly in opposing his election whilst they attributed to him an intention of this kind; but their error con- sisted in having too easily yielded to the unfavorable impressions which his enemies had given of his character. He concluded by assuring them that he had only their happiness in view, and that they would no where find a more strenuous asserter of their privileges. At this point his success terminated, and the clamour recommenced. Re was not however, daunted; and he declared that having the honor to be supported by so great a number of friends, he would perish on the hustings, rather than abandon his election. In fact he remained there until a sort of madman, in- toxicated by noise and liquor, struck him with such violence on the head, whilst in the act of returning home, as to cause a fever that confined him to his bed for seven or eight days. On this extraordinary relation M. Cottu makes the follow- ing remarks: The stone thrown at captain Maxwell was considered (in France) as the signal of general revolution; and unless the elec- tive system which had furnished an occasion for so dreadful an outrage were altered, or entirely abolished, it was deemed cer- tain a ngland would become the scene of terrible calamities. How far are we yet from understanding the mechanism of that government; and how different a spectacle do these elections thus decried, present to the meditation of a stranger! They ex- hibit a people intoxicated with joy at the exercise of its liberty, using it tumultuously because it is the essence of all popular acts to be marked by clamor and agitation. Now, though we have never viewed this and similar occur- rences in that alarming light which it seems to have presented to the French nation, we do think it deeply humiliating and disgraceful. We think it derogatory to an officer of the dis- tinguished merit of sir Murray Maxwell, to be obliged to come forwardand expose himself to the most degrading insults to serve the purposes of administration. We think it reflects great discredit on the English people, that citizens, in the ex-~ ercise of their nohlest and dearest right~ should be guilty of Cottu ott iJinglish Law. LOct. excesses that would disgrace savages. We profess too great an admiration of the English constitution to be readily con- vinced that missiles and mud are necessary ingredient~ in its composition. So far from attributing this boisterous conduct to excess of liberty, we are disposed to set it down to the op- posite account. True liberty, such as the English nation has a right to enjoy, does not display itself in ebullitions like these. The electors in a true republic would have no temp- tation to indulge in such insults. The candidate would scornt~ submit to them. An English election, instead of that tran-. quil, dignified scene we witness in our own country, presents nothing hut riot and misrule. The opening of the poll is the signal for the prostration of legal restraint, and the commence- inent of the reign of anarchy. The contest frequently lasts several days, and during this time the unfortunate borough is given over to the mob. The shops are all closed-.--busjness is at a stand,parties attached to the different candidates are parading the streets with their distinguishing badges, and fre- quently meeting, when desperate battles are sure to ensue. Is this the privilege of election as provided hy the constitution of Great Britain? Is this the generous, open, majestic motion of freemen in the exercise of their rights; or is it the mad raving of a populace which has broken its bonds and is taking advantage of this period of licentious indulgence to heap with abuse those superiors, whom it does not hope again, to approach till another seven years shall have elapsed? We ought in jus- tice to remark, that this description applies almost exclusively to the election of burgesses. In the counties, the scene is far different, and for the reason we have mentioned. The num- ber of the electors for knights is small. They are freeholders; and generally men of fortune and consequence, who are above brihery themselves and not to he moved by a lawless mob. The danger here arises from collusion among the candidates, and a compromise of parties between the great proprietors. The monopoly of landed property, and the consequent smallness of the numher of freeholders in proportion to the whole pop- ulation, and their remoteness from each other and from the scene of election, encourage this ahuse, which is carried to so great a degree, that twenty-five of the forty counties in Eng- land and Wales are represented in this manner, with scarcely the formality of an election. In the county of York, which comprises ~3,698,JS7 statute acres, and contains a population of 1821.] Coftu on English Law. nearly a million, the number of freeholders is not more than twenty thousand. As there is but one place of election in each of the three ridings, it rarely happens that more than a third part of the votes of the county are tendered. The con- test between Mr Wilberforce, lord Milton, and Mr Lascelles, in 1807, which ended in the election of the two former, brought out the whole force of the county, at an expense to the three parties, it is said, of half a million sterling. Yet this is the most independent county in the kingdom. Of Devonshire, a county containing three hundred and forty-three thousand souls, an eminent writer on this subject says, the two most opulent gentlemen in the county have only to perform the ceremony of an election, and they are invested with the legis- lative character as securely as if the right of election were in their own persons. We think it must he apparent from these facts that the right of election is confined to too small a num- ber. Not that we are friends to universal suffrage; we disap- prove of it under any form of government. In Great Britain we consider it impracticable. It were to be wished, however, that many substantial farmers in England, who are excluded because they are not freeholders, might be admitted to the right of voting. An act extending the privilege to copyholders, and to leaseholders paying a certain annual rent, would have this effect. As to the boroughs, it is desirable that the qualifi- tion of electors should be made uniform throughout the king- domas for example, that every householder paying a certain rent should have a vote. They would still have the rotten boroughs, for which we see no other remedy than to restrict the right of sending members to towns of a certain population; and as often as any borough fell below the standard, the right should ipso facto be lost, and given to some other town suffi- ciently large to be entitled to it, as was proposed by Mr Pitt in 1785. M. Cottu, in his chapter on the influence of the English government upon the manners of the people, gives us his opinion of the value of their privileges in the same style of extravagant panegyric. We extract the following remarkable passage. They love much to travel. Alas! happiness is not made for man. They find in their families, and in their institutions, all the felicity that human beings can hope to attain on earth. As citi- zens, nothing can give them offence; the yoke of government never weighs heavily on them. They have not to fear either the 358 CoUu on English Law. [Oct. vexations of power, or the contempt of high birth. Every thing by which they are surrounded inspires them with a value for them- selves and their professions; but this unalterable repose, which no griefs disturb, but such as are inseparable from human nature; this repose which seems written on their serene and dignified countenances, becomes at last intolerable. They resemble their fabulous gods, whose whimsical fancies led them to ramble upon earth. They depart; they precipitate theniselves into all the dissipations of a foreign land; they yield for a short time to measures which they despise, and partake of the treacherous pleasures connected with them; but they preserve their hearts immaculate, and after having drank deep of the cup of delight return home to their pure and innocent pleasures, and endeavor to support the insipidity, which acts as a drawback upon the enjoy- ment of them. Should any one hear this description without previous inti- mation of the application of it, would he presume it to be in- tended for a nation of modern Europe? Would he not rather suppose that it was a glowing picture of some imaginary island of the blest? What would be his surprise on discov- ering that this superhuman paradise was no other than the land of rotten boroughs and contested elections, of Manches- ter mobs and Cato street conspiracies, of press-gangs and yeomanry cavalry? How would he wonder to hear that this nation paid fifty-six millions a year in taxes, and eight mil- lions in poor rates? How would he reconcile this unaltera- ble repose with the presence of a Hunt, a Cobbet, a Wooler, and a Hone, and thirteen hundred capital convictions by the year? We do not bring out these unpleasant circumstances with a view to magnify them, or to~make them the occasion of boast- ing or reproach. We are too sensible of the value of English liberty, and the obligations of the civilized world to that na- tion for her noble exertions, to wish to undervalue her efforts or her character. But we feel obliged to call to our own minds and those of our countrymen a few facts to temper the extatic praise that M. Cottu gives way to, and to remind them that if we do not enjoy all the glory, we at least escape some of the plagues of that distinguished people. It is truly surprising, notwithstanding the strict scrutiny to which the English constitution has been exposed in all its parts during the last century, that the nature of -it should be so little understood at the present day. It has suffered equally 1821.] C~ttu on English Law. .359 from the misrepresentations of friends and enemies. On the one hand it is held up as the perfect model of a free govern- rnent, the ne plus ultra of political wisdom. On the other it is denounced as an absurd compound of despotism and anarchy, of feudal tyranny and democratic license. The king, if one party is to be believed, is the beneficent parent of his people, who has not the power to do wrong, and whose every step is marked by acts of mercy and condescension. If the opposite party is correct, he is to be regarded as a pageant of royalty, upheld at the expense of the people to serve the purposes of contending factions. We are told at one moment of the im- posing character of the house of lords ;con sisting of mdi.. viduals venerable for their rank or merit ;of dignified pre- lates, renowned warriors, and profound statesmen; we are then assailed on the other side by denunciations against fhis assemblage of haughty churchmen, degenerate nobles, and stupid princes of the blood. One sees in the house of com- mons only the firm defenders of the rights of the people; the pure representatives of virtuous constituents; another looks upon it as a sink of venality and corruption. The malcontent party would fain convince us, that the penal code of England is a system of barbarous inflictions without a motive or an object; while their opponents extol its harshness as the severi- ty of mercy. The boisterous character of their public meet- ings is thought by some to represent the last stage of moral degradation; while on the contrary, those are not wanting, who regard these commotions as the thunder and the tempest, which purify and regenerate the atmosphere of liberty. For ourselves, we profess that we think the English frame of government better adapted to its object than any of which the world has yet had full experience. We now consider our own constitutions as out of the question; whatever may be our opinion of them, and however encouraging may be the prom- ise they hold forth, we do not consider them as yet sufficiently tried, to be brought into comparison with those which have stood the test of ages. But while we place this famous scheme of polity far before any other of ancient or modern times, we still think it comes Yery much short of perfection. At the same time that we see in its provisions a great deal to admire, we discover in its deficiencies not a little to deplore. We would not ask Great Britain to renounce monarchy, but we could wish that the influence of the crown were less power Yew Series, No. 8. 47 (iJotlu on English Law. [Oct~ ful and direct. We admire the construction of parliament, in the mutual dependence of the two houses on each other, and the manly freedom of their proceedings. We should be bet-. ter satisfied if the doors of the upper house were never open- ed but to those who had earned the distinction by public ser- vices, and if the floor of the lower were less often the arena of contending candidates for place. We respect and esteem that love of order and reverence for religion which has established and upheld a national form of worship, which protects with pious care the temples of God, and places his ministers by the side of the proudest nobles of the land. We sincerely regret that this sacred order should be supported by a tax so odious and unequal as that of tithes. Much more do we lament that a slight deviation from the national creed should exclude a very large portion of the people, who contribute their full share of the burden, not only from the honors and emoluments of the church, but from the excrcise and enjoyment of some of the dearest and most valuable rights and privileges of citizens. We are far from underrating the law regulating the descent of lauded property, which, while it upholds the consequence and independence of the nobility by perpetuating that superiority of fortune which is essential to the proper influence of the aris- tocratic branch, has the happy effect of reducing the younger members of great families to a level with the people, by rais- ing a mutual dependence between them for service and sup-. port. It is a cause of painful reflection, however, that this happy provision should be accompanied with some remains of feudal oppression that almost outweigh its advantages. The game laws, it must be allowed on all hands, are a foul blot on the English code. Little can be said for the glorious birth-. right of Englishmen, while the property in that which Provi- dence has made common, the untamed tenants of the forest and the air, is restricted to the fortunate possessors of one hun- dred pounds a year. No man, who is not possessed of prop- erty to this amount, can kill any species of game, even on his own grounds, and so revolting are these laws to the dictates of nature and reason, that in order to enforce them, the most barbarous means are necessarily resorted to on the part of the owners of game, and by a succession of statutes the pun- ishment has been rendered more and more severe, until the killing of a hare or a partridge is little loss penal than murder. ~361 1821] (2ottu 0Th ng~isk Law. Even the trial by jurythe boast of Englishmenthe pal- ladium of liberty, comes short of its object, and leaves the subject exposed to the most alarming of all attacks, that of a provoked and resentful minister. The existence of ex officio informations, which M. Cottu professes himself unable to re- concile with the genius of the English laws, we pronounce without hesitation to be utterly repugnant to it. The power to arraign an individual on any charge at the pleasure of the attorney-general without the intervention of a grand jury, which is denied to every other prosecutor, is reserved to the most dangerous and powerful of all prosecutors, the govern- ment. An administration with this engine in its hands, and~ with profligacy enough to employ it, need not regret the ab- sence of the star chamber and high commission. It is no apol- ogy that this measure of prosecution is not often resorted to; it is sufficient that it exists, to alarm every Englishman who loves his liberty. The late attempts to bring this mode of proceeding into use have been met with so much spirit by the petty juries, that no very dangerous consequences from it are at present to be apprehended; but we do believe that when- ever English liberty is doomed to fall, this will be the most powerful instrument of its destruction. With all these humih-~ ating badges of ancient servitude about them, it becomes the. English to talk modestly of their prerogatives. Let them re- member that their present happy condition has not always been the pride of their nation. It is not two hundred years since England began to emerge from feudal darkness. In that time she has done much, but she must not forget that much remains to be done. The commons, who now carry themselves so proudly, have within a century and a half thought it a privi- lege to address their sovereign on the bended knees of their hearts. The bench, which now appears the merciful advo.~ cate of the accused, has within half that time descended to expressions of wanton cruelty or vindictive malice, which an Englishman of the present day shudders to recall. The dis- cussions in parliament, which are now spread daily before the public, have within sixty years been communicated under the pretty title of debates in the senate of Lilliput. When a nation has achieved so much, it is greatly to be regretted that it should stop short of the highest degree of excellence in government, to which humanity can reach. We cannot bt4t hope that much may yet b~ done, and we sincerely wish suc 3& 2 Cottu on English Law. [Oct cess to all endeavors for the advancement of the happiness of Britain. At present, however, those nations, who admire and are desirous to imitate her, should be reminded, that in trans~ planting her invaluable constitution, many exerescencies are to be pruned, and many distortions to be corrected. M. Cottu in the closing chapters points out to his country- men some of the difficulties which present themselves in the adoption of the English municipal regulations. These difficul- ties, he observes, arise not only from the prejudices which have survived the changes legally effected in the ancient con.. stitution of the kingdom, but still more from those which have been ~produced by the revolution. A nation like France, which has plunged from the severest despotism to the wildest democracy, and has thence passed under the iron yoke of military oppression, can hardly be in a condition to adopt and carry into operation a code the most complicated that human ingenuity has ever framed. To make way for its admission, a thousand prejudices are to be eradicated; the people are to be prepared by education to know the value and importance of self government; and in order to produce this effect it is necessary that they should learn to estimate themselves, and to obey the law, and perform the duties of citizens for the sake of themselves and their children, and not because they are bidden. iVL. Cottu seems to have discovered what is little un- derstood in these days oF paper constitutions and bills of rights; that it is freemen who make the government, and not the government that makes freemen; that the only foundation of rational liberty is a general diffusion of knowledge, and of religious and moral principle. He recommends as the first and indispensable measure the establishment of an aristocracy, and to this end he advises the restoration of the law of primo-. geniture. In the present state of France we have no doubt of the correctness of this course. Every thing in that country tends to the extreme of democracy. The blind devotion to rank and titles, which prevailed there before the revolution, has given place to the opposite spirit. The doctrine of per- fect equality is still as strong, though not as fashionable, as it was thirty years since; every distinction between citizen and citizen is looked upon with jealousy. For a republican form of government France is entirely unprepared, and a monarchy in such a state, without some intermediate barrier against the encroachments of the people, must be despotic, if it can exist 1821.] t2fourse of .Mathematics. at all. To build up this aristocracy, to lay aside gradually the military police, to establish the liberty of the press, to accus~ torn the people to govern and to be governed by each other, to substitute the ambition of civil distinction for that of milita~ ry glory, to rear sound principles of morals in the place of superstition on the one hand, and infidelity on the other, will demand a long and severe trial, if indeed it do not prove t~ be impracticable. In the mean time this ill fated country must be content to reap the bitter fruits of past errors, hap. py if she can ever attain the proud station which her rival has so long enjoyed. ART. XVII.1. An Elementary Treatise on .,qrithmetic, taket~ principally from the Arithmetic of S. F. Lacroix, and transt~ited into English, with such alterations and additiong as were found necessary, in order to adapt it to the use of the American student. pp. 128. 2. An Introduction to the Elements of Algebra, designed for the use of those who are acquainted only with the first prim.. c~ples of Arithmetic. Selected from the Algebra of Euler. pp. 218. 3. Elements of Algebra, by S. F. Lacroix. Translated from the French, for the use of the Students of the University at Cambridge, New England. pp. 263. 4~ Elements of Geometry, by S. M. Legendre, member of the institute and the Legion of Honor, o.f the Royal Society of London, ~c. Translated from the French for the use of the students of the University at Cambridge, New Eng- land. pp. 208. Cambridge, N. E. Hilliard & Metcalf, 18181820. THESE four volumes form part of a course of pure mathe~ matics, intended for the use of the students at the university of Cambridge. The two first, containing the Arithmetic and Eulers Algebra, are to be studied previous to admission into college; the others form the text books of instruction at the university. A fifth volume has already appeared, contain.. ing Trigonometry and Analytical Geometry, and will be fol- lowed, we understand, in a few weeks, by a sixth, to contaiii~ the usual applications, and complete the course.

Course of Mathematics 363-380

1821.] t2fourse of .Mathematics. at all. To build up this aristocracy, to lay aside gradually the military police, to establish the liberty of the press, to accus~ torn the people to govern and to be governed by each other, to substitute the ambition of civil distinction for that of milita~ ry glory, to rear sound principles of morals in the place of superstition on the one hand, and infidelity on the other, will demand a long and severe trial, if indeed it do not prove t~ be impracticable. In the mean time this ill fated country must be content to reap the bitter fruits of past errors, hap. py if she can ever attain the proud station which her rival has so long enjoyed. ART. XVII.1. An Elementary Treatise on .,qrithmetic, taket~ principally from the Arithmetic of S. F. Lacroix, and transt~ited into English, with such alterations and additiong as were found necessary, in order to adapt it to the use of the American student. pp. 128. 2. An Introduction to the Elements of Algebra, designed for the use of those who are acquainted only with the first prim.. c~ples of Arithmetic. Selected from the Algebra of Euler. pp. 218. 3. Elements of Algebra, by S. F. Lacroix. Translated from the French, for the use of the Students of the University at Cambridge, New England. pp. 263. 4~ Elements of Geometry, by S. M. Legendre, member of the institute and the Legion of Honor, o.f the Royal Society of London, ~c. Translated from the French for the use of the students of the University at Cambridge, New Eng- land. pp. 208. Cambridge, N. E. Hilliard & Metcalf, 18181820. THESE four volumes form part of a course of pure mathe~ matics, intended for the use of the students at the university of Cambridge. The two first, containing the Arithmetic and Eulers Algebra, are to be studied previous to admission into college; the others form the text books of instruction at the university. A fifth volume has already appeared, contain.. ing Trigonometry and Analytical Geometry, and will be fol- lowed, we understand, in a few weeks, by a sixth, to contaiii~ the usual applications, and complete the course. .364 Course of iViathematics. [Oct. It is sometimes objected to the study of mathematics, that it contracts the mind, and, by circumscribing its view, opposes the exercise of invention; that it tends to form a mechanical and skeptical character, rendering the mind incapable of com- prehending an extensive subject, and insensible to those nice shades of evidence, and unsusceptible of that accurate percep- non of be~tuty and truth, so requisite to quick and fair judg- Inent in matters of taste and morals. This charge, if well founded, would be sufficient to prove this study to be danger-. ous; and we have no doubt that a belief more or less confi-. dent, of its justice, still operates on many persons in prejudice of mathematical pursuits. It would not be difficult, by reasoning on the nature of the science, and its necessary effects on the mind, to obviate most of these objections. We might mention the many surprising discoveries that have been made in it, and the power of mak- ing them, which the study of certain parts communicates, by leading the mind along the natural path of invention. We might show, that if, on the one hand, the view is circumscribed in tt particular proposition, while theitttention is fixed to a sin- gle point; so, on the other, few employments give exercise to a greater grasp and comprehension of mind than the keeping in sight an ultimate object, through all the parts of a long mathe- matical treatise, and observing the bearing, which each argument and each proposition have on the final one.- We might notice too the nature of the investigations in the higher algebra, more abstract and general than the language employed in the meta- physical and moral sciences will admit. In fine, if exposing our weakness could add to our strength, we might point to those parts of analysis, where the path of discovery is so dark, and the mental process so subtle and evanescent, that the most profound masters, while they have with wonder admitted the certainty of the conclusion, have been staggered and divided about the nature, and even the truth of the principles, by which it is attained. But it is unnecessary to confute by argument, when we have such unbounded evidence from history how groundless are these objections. We may then ask whether all the geom- etry of Greece could quench or restrain the creative genius and glowing imagination of Plato? Whether the astonishing reach of mind, the proud originality and independence, the faultless taste and eloquent sensibility displayed in the most Course of Mathematics. 365 1821:1 perfect writings of his native tongue were diminished by the strong predilection and most complete success with which Pas- cal cultivated the mathematics? Or has the philosophy of the human mind been investigated with less skill, the parts of this boundless science examined with less patience, the laws regulating the motions of our thoughts noted with less pene- tration, or the influence of association on the language and imagery of poetry traced with a less delicate pencil, or a less exquisite perception of the beautiful, than if Stewart had not for years discharged the functions of the mathematical pro- fessorship at Edinburgh? It is chiefly with regard to their adaptation to the purpose of instruction, as forming part of a liberal course of studies, that we propose to examine the books before us. In relation to the general question, what should constitute such a course, and in what order the parts should succeed each other, very strong and decided opinions have been expressed, and, we be- lieve, continue to he entertained. The advocate of mathe- matics often conceives himself obliged to decry the study of the classics, and the lover of classical learning would have that cultivated to the exclusion of science. For ourselves, we think that the study of mathematics might be both introduced sooner, and carried farther, than it is at present, and that to great advantage. At the same time, we think it preposterous to call that education tolerably perfect, which has not been founded on a thorough knowledge of Latin, at least, if not Greek. The primary object of education being the develop- ment and cultivation of the powers of the mind, that course of instruction is conceived to be least objectionable, which tends to call forth naturally and exercise strongly all the intellectual faculties; and that person best educated, who, at the comple- tion of his course, has most entire command of them. And we know not that there is any thing, which, in the discipline of the mind, can supply the place of the study of the Latin and Greek. We know of no means to be compared with this for the purpose of communicating the power of quick and delicate discrimination, and of imparting clear perceptions of the difference of words and things. In that part of mathe mat- ics which enters into elementary instruction, all is precise and defined. But in language there are so many shades of mean- ing, differing from each other almost imperceptibly,the beauty of an expression so oftei~ depends on a peculiarity in 366 Course of Mathematics. [Oct. the use of one word, or in the arrangement of severa~,the is so difficult spirit of an author, ~sp~cially in a foreign tongue, perfectly apprehended, and that double process of the judgment, which consists in first ascertaining the meaning of a word in its original connexion, and then select- ing the corresponding term in another language, is so continu-. ally going on, that all the powers of observation, coiiiparison, and in short, whatever constitutes acquired taste, are constantly called forth and exercised. But while the cultivation of these powers is consigned to their old and tried masters, we should claim that of the power of abstraction and generalization, and much that goes to form certainty and strength of judgixient, the habit of persevering research and unbiassed decision, as the just province of the mathematics. The study of the sciences, says Lacroix, presents itself under two entirely distinct points of view, either as the means of exer- cising the mind, of developing the intellectual faculties and ren- dering them fit for meditation and discussion, or as affording results and precepts immediately applicable to the uses of life and the want of society, which, unfortunately, it does mucfl less frequently than is commonly thought. Considered in relation to the first of these objects, which makes it an essential part of education, we perceive the necessity of treating nothing superficially, of diminishing the number of particulars treated of, if necessary, rather than fail to present the subject with the greatest evidence of which it is susceptible, or to render sensible the mechanism of reasoning.~ Now this end is the only one, with reference to which the study of mathematics is of any great use to the general stu- dent; and to the furtherance of this end,~ the Arithmetic and Algebra of Lacroix are exceedingly well adapted, and a great addition to our means of instruction. The details of science, the rules and results cannot remain long in the strongest mem- ory; and, if they could, they would seldom be of use to the scholar, or the man of business. So, that unless some higher object be effected by the study of the mathematics, the time spent on them will have been thrown away. Next to this object, of which he never loses sight, some of the rules by which Lacroix seems to have been guided in composing the books before, were; 10, making use of the ana- lytical method, to pursue, as nearly as possible, the steps of * Essais stir lEaseignement, p. 173. 1821] Course of Mathematics. 367 invention; 2~, always to select the most general method; 3O~ never to go over the same ground twice, either in his reason- ing, or his explanations; 4~), to adapt the elements as he pro.~ fesses to do,* to the great woiks, which contain all that is most important in science. The example which he gives are few. He always goes on the supposition that the learner has exercised himself in all the operations and applications of the principles laid down, until he is perfectly familiar with them. The choice of examples, he says,t is much more important than their number. A few truths thoroughly comprehended afford greater assistance to the understanding, in science, than many theories superficially discussed. The few remarks we have to make on the Arithmetic are intended particularly as suggestions to instructers and espe* cially to those parents who have the happiness of instructing their own children. And first, we advise every such person, unless he be learned enough to read French, and fortunate enough to possess Condorects Moyen dapprendre a comp- ter, which, by the way, we think one of the most admi- rable little treatises on arithmetic that ever was written, to possess himself, without loss of time, of this Arithmetic of Lacroix. At the same time, we would give him distinctly to understand, that he is to purchase it for himself and not for his children, as for children, young children at least, it was never intended, and to them it is not suited. He must then study a part of it until he is sure he understands it; and we venture to assert, that he must be right well learned, or of a marvellously good understanding, who will not find much light thrown on the dark points in the art, by this little book. Let him, in the next place, when he feels himself thoroughly pos- sessed of the substance of our authors observations on a partic- ular rule, lay aside the book, and, with slate in hand when necessary, and all the eloquence of voice and gesture that he can summon, go through the explanation, and that, for safetys sake, in the very order in which he has learnt it; and, very probably, when he shall have finished, he will himself know much more about it than when he began. After this, looking on the examples in the book only as specimens of what are to be given by himself, let him go on to give example after example. Every thing that is bought in the market, or k~r- t Ibid. p. 17& . .Ncw * Essais, p. 1S~. 48. ~Series, No. ~ 368 Course of .Matltematics. [Oct~ gained for at milliners, whatever strikes the eye or reaches the ear of a child, must be pressed into this important service~ What we have here said, we especially and very warmly re- commend to the notice of female instructers, whether the natural or intellectual mothers of their pupils. We profess ourselves sincere lovers of the mathematics, but we believe ourselves disinterested, and loving them only because they help on the process ef education, in its different stages, better than any thing else we know of; and we should be delighted if xvhat we say should induce one mother to inspect this part of her childrens education. What is most deserving of notice in this book, is the man- ner in which fractions are introduced. They are naturally derived from division; this operation and multiplication are treated of first. Thus the difficulties, which resulted from considerino- them in a wrong point of view, are avoided, and b apparent absurdities removed by new definitions of multiplica- tion and division. The roots are very properly thrown forward upon algebra, as the explanation that can be given of these rules considered arithmetically, could hardly be made intelligible to a beginner. In the translation a new form is given to reduction and some other parts, better suited to instruction in this country; while the omission of some unusual processes at the end of the book does not diminish its value. Next in order to the Arithmetic, succeeds the Algebra of Euler. In several respects, it is extremely well suited to elementary instruction, and approves the selection made by the professor. It is divided into short chapters, affording con- venient resting place for the impatient and quickly wearied pupil. In another respect, it is better suited to the purpose, especially when we consider the state of instruction among us, than perhaps any other that could be found. It is full of ex- planations of the little difficulties that are perpetually occurring to a beginner, and of lucid and well selected examples. Many of the explanations, indeed, as of the doctrine of plus and minus, of the process for extracting the roots when applied to numbers, and a few others, are not so good as have since been given, but still much better than rtiost of those that were be- fore accessible to the student. We know that Euler was, in many places, received with no great respect; sometimes, indeed, he was treated with abso 1SQ 1.] Course of Mathematics. 369 lute incivility. Men were ashamed and vexed at not under- standing, without study, a book professedly designed for be- ginners, and wisely determined to lay all the blame upon the book. We admit that the introduction of Euler, or Lacroix, or any other treatise of the kind, must really much increase the labor of an instructer. It is undoubtedly harder, and costs more time and thought to explain a rule to your pupil, than to make him take it for true, without explanation, upon your word and honor, or even because it is in the book and pro- duces the right answer. And we can hardly blame the school- master, into whose motives a desire for the actual improvement of the mind of his pupil does not largely enter, for being un- willing to give up that laudable and philosophical maxim, which, from time immemorial, seems to have commonly pre- vailed, that algebra was a sort of mystery, a thing to be believ- ed and done, and not inquired into, any more than the gravity of impenetrability of matter. But, seriously, whatever impression Eulers Algebra may have made on others, we can never forget the feelings with which we at first read it ourselves. It so dissipated the mists left upon the mind after wandering in the obscurity of the English algebraists and their followers, so fairly removed a thousand little obstacles we had always been stumbling at, and threw such light upon the relation and connexion of the whole, that, in the excess of boyish satisfaction, we likened it the Odyssey of Homer, or the first book of Euclid, which a person of taste could never cease to admire, from the time he began to understand. If every other part were only tolerable, the book would deserve to be highly valued, were it but for the chapters on the calculation of irrational quantities, and on the nature of equations of the second degree. The selections are made from an English translation, which happened to have been previously made, very unfortunately for us, as it deprived us of one from professor Farrar. The professor, too, probably from the engagements consequent on his numerous duties, trusted the correction of the work to some person, among whose qualifications an ignorance of alge- bra would seem to have held a conspicuous place. This explains the appearance of the numerous errors, and those not merely of the press, which disfigure many of the last pages.* * In the second edition, printed in 1821, and since the above was written, we uaderstand that most of these errors are corrected. ~i7O Course of.Matkemat~cs. [Oct. It may seem a redundancy in the plan, that there are in this course two separate treatises on algebra. But it is to be remembered that they are intended for entirely different classes of students. The multiplication of examples in Euler, and the shortness and simplicity of the explanations, fit it, in a peculiar manner, for beginners. Whereas the philosophical arrangement, the intimate connexion and subordination of all the parts, the mode of instruction by a purely analytical pro- cess, and by formuhe perfectly abstract and general, adapt Lacroix only to students of a higher class, and of somewhat cultivated minds. Those, indeed, who have already learnt the mechanism of algebra, will be most likely to seize readily and with satisfaction the spirit of the methods of Lacroix. We have already mentioned some of the principles by which this author seems to have been directed. He endeav- ors always to take the reader along with him, never to lay down a rule until it begins to be anticipated, never to give a new process, or bring forxvard a new principle, until its neces- sity is felt. We are thus enabled to keep pace with him and be present at his discoveries, to divine his reasons and partake of his power. The Algebra is divided into two nearly distinct parts, one relating to equations, the other to proportion and proges- sion, including logarithms and questions of interest. The author begins by solving, in common language, and at length, some simple problems leading to an equation. This furnishes occasion for explaining the use of letters and signs in the place of language. The signs are thus at once fixed in the memory, their utility made evident, and the object of algebra made known. Every thing is introduced in its natural order, and seems to be the consequence of an effort of inven- tion arising from the exigence of the case. All the apparent absurdity of the usual statement of the doctrine of plus and minus both in addition and multiplication is entirely avoided; and the general and abstract nature of algebraical quantities, which is with such difficulty understood by learners, and not understanding which, we have observed to be at the bottom of the obscurity that many persons find in the elements of alge- bra, is clearly pointed out. On the subject of fractions, the artifice in the investigation of the common divisor, of introducing into, or rejecting from one of factors any quantities, net found in all the terms of the 1821] Course of .Alatltematics. ~71 other, is exceedingly well illustrated. After some examples, tending to explain the nature of negative, of infinite, and ot indeterminate quantities, when they occur in a result, and throwing much light on the metaphysics of algebra, what re- lates to equations of the first degree is concluded by formulte for their solution, stated in as mechanical a form, as the warm.. est advocate for the old fashion could desire. Introducing equations of the second degree by a question which leads to such an equation, and proving the necessity of some method of extracting roots, he proceeds immediately to the application of the formula a1 + 2 a b 4- 62 to numbers. This application, and that of the formula for the cube and for other powers, are among the most excellent things in the work, on account of the perfect explanation they afford of the arithmetical processes, an explanation which was hitherto al- most wanting. After giving some methods of approximating the indetermi- nate roots of numerical quantities, he comes to the common formula for equations of the second degree. In showing, from the nature of the question, the necessity of the roots being imaginary in an equation, of which the known term is negative in the second member, and greater than the square of half the coefficient of the first power of the unknown quantity, he gives a striking specimen of his way of investigating analytical facts, and displaying the spirit of the analysis. One unaccus- tomed to these investigations is surprised to find himself en- gaged in examining a general principle, when he thought him- self employed on a particular case. Indeed, Lacroix never neglects an opportunity of showing the nature and the power of the instrument he employs. Leaving to the instructer or the reader the application and illustration of principles, he is always hastening on to the development of some new fact. Many of these might be pointed out, but we are deterred by the difficulty of expressing them independently of their a p ph- cation. We notice, as remarkable, the demonstration of the binomial theorem; the most complete, most general, and at the same time most difficult perhaps, to understand, that has been introduced into an elementary book; and the manner in which he employs the principle that ~ a~ is always divi- sible by x a. On this he makes the theory of equations to hinge, and, by its various applications, introduces an uniform- ity and continuity of procedure into this part altogether unu- sual. Course of MatAematics. [Oct. In the article immediately subsequent, a general method for elimination in equations above the first degree is given, found- ed on the method of Euler; and several examples are brought of its application. Its general nature renders it difficulty to understand, but the difficulty vanishes before a few well se- lected examples, at least all but the inherent difficulties of a part of algebra, in which so much remains still to be done. We have here some propositions demonstrated in the synthet- ical form, one of which may serve as an instance of the differ- ence in the mode of demonstration used by the English and French mathematicians. It is proved, that if the coefficients of an equation be whole numbers, no one of the roots can be fractional. It is in the way of reductio ad absurduni, but not in the categorical fashion; the consequence being shown, the absurdity is left to be inferred. Now, Wood,* in concluding the same proof, says outright, that is,~, a fraction in its low- est terms is equal to a whole number, which is absurd; there- a. fore is not a root of the equation. The whole of this con~ elusion, in the present and similar cases, is omitted by the French, and to us accustomed to the formality of logic, the proof is apt to seem elliptical. Jn giving some general methods of finding the commensura- ble roots or factors, Lacroix deviates from his usual plan of following the march of invention. Indeed, in a subject so abstruse and extensive as this, it would require more time and space to follow it, than, in an elementary work, could be ad- mitted. The methods, however, are usually illustrated by examples. He then shows how to obtain proximate roots of numerical equations by Newtons method of successive substi- tutions, as improved by Lagrange. The second part is remarkable for its simplicity and for the regular gradations by which the doctrine of progressions, end- ing in diverging series, is deduced from ultimate truths. Log- arithms, ways of calculating which he points out, and the mode of employing which, he teaches, are introduced as a part of the solution of the question, to find the value of z in the equation bz = c. They are applied to the solution of ques- tions in interest. One of the formulai obtained for this pur- pose will serve at once to show the advantage which would be * Woods A1gebra~ art. 275. 1821.1 Course of Mathematics. 3t3 gained in this part of arithmetic, by the employment of alge.. braical processes, and as an example of our authors method. .11 a (1 + r)~ is the formula or rule by which either the prin- cipal, the amount, the rate per cent. or the number of years, may be found in any question of compound interest, where the three others are known. This performs, by means of two or three simple operations, the work of exceedingly long and complicated arithmetical calculations. The form in which it is applied to each case is given; but when a similar formula has been found .for the case in which a new sum is deposited at the end of every year, it is left to be varied by the learner. What we consider most remarkable and of greatest value in Lacroixs Algebra, are its natural method, the light it throws on the logic of mathematics, and its completely analytical form. In his method he follows Clairaut, who was the first to com- pose elements according to the very philosophical concep- tion of introducing the artifices and making the parts succeed each other in the same order in which they might be sup-. posed to have occurred to an original inventor. In the exe- cution of this plan, which was sanctioned by the approbation of Laplace, Lacroix has made several improvements. In regard to its subserviency to logic in developing the pro- cesses of reasoning, he seems to have thoroughly imbibed the views of Condillac. In this respect, his book stands alone. The sole, or certainly the principal object, in other elementa.. ry treatises, seems to have been to make expert calculators. Without neglecting this, or, we should rather say, performing it better than it could otherwise be done, he has effected another, and to the general student, we repeat, a very much higher object. The treatises commonly in use are not strictly analytical. They are algebra delivered in the synthetical form. Of such we have had enough; and we should think it not unimpor- tant, even as a matter of curiosity, that there should be in a course of liberal study, at least one example of the instrument which Newton and Laplace have employed in their sublime discoveries. The form of an elementary treatise, on nearly every other subject, must almost of necessity be synthetical; on analysis itself, it should certainly be analytical. The ob- ject of books on other subjects is to communicate truths that are known. On this, at least, it should be to furnish the ~74 (Jourse of .Matliematies. [Oct. means of discovering new. But, though truths can be well conveyed in the synthetical way, the method of investigating truths are not communicated by it, nor the powers of inven- tion directed to their proper objects.~* A skilful analysis is the guide, which must lead to all the discoveries that are to be made in the mechanic arts, in natural philosophy, in medicine, in short, in whatever is to be advauc.. ed by deductions from established principles. The synthetical process always supposes the truth known. It cannot go for- ward a step in the path of discovery. This is the proper work of analysis. And it cannot be a matter of small mo-~ ment, if we regard the progress of the sciences, whether the student shall or shall not be furnished with a model of the in- strument he is to use, in the improvement of the arts of life~ and the sciences that contribute to adorn and elevate his exis- tence. When to these considerations we add, that the book before us forms the first step of a direct introduction to the excellent treatises on astronomy and the various branches of physics, that have proceeded from the hands of the French philoso- phers, more plain and interesting, as a general characteristic, and, in some instances, incomparably more perfect, than those written on the other side of the British channel, and observe that these admirable bodies of science have hitherto been seal- ed books to the American student, in consequence of his igno- rance of the mathematical language in which they are written, we cannot but consider the translation and publication of these elements as an important era in the history of instruc- tion among us. It is one step, and a very considerable one, towards removing the reproach, to which, from community of language, we have been obnoxious, together with the English, of being almost a century behind the rest of the world in all that relates to mathematical and physical science. If there be a text-book in use at our colleges more unex- ceptionable than any other, it is certainly Playfairs Euclid; and yet, some advantages would, we think, be gained, by the sub- stitution of Legendre. Euclids arrangement, though some- time exceedingly beautiful, is often arbitrary. Parts are sepa~ rated which belong together. Modes of demonstration are employed, which have become unnecessary and yielded to simpler ones. The whole has the appearance of being in- * Playfairs Dis~. 2d, p. 35. is~i.] Course of Mathematics. tended for the entertainment of speculative men, rather than for practical application to the purposes of life. But the cata- logue of faults, in conception and execution, is exceedingly small. It is not because Euclid is not admirable, that we would have his place supplied. It is chiefly because he does not give us principles which have been discovered, and meth- ods that have been invented, centuries since his death. Still, Euclid must always be admired and studied by every lover of science or of argument. If we were challenged to produce a work more perfect in its arrangement than any other we have ever seen, we should, without hesitation, fix on Euclids First Book. We may imagine, that, on sitting down to com- pose his elements, he thought first of laying before us the truth contained in the 47th proposition. He arranged all the principles on which it rests, so that every one should stand in its place, and each point directly to the truth he had in view. He never wanders from his purpose. He only steps aside,. occasionally, to give an extension, or the converse, or a strik- ing application of the principles he found in his way; but without any more interruption to the unity of his plan, than are the episodes in an epic poem. The thirty-second and forty-third propositions seem to be the only exceptions to these observations; and of these, the former was sufficiently impor- tant to be a subordinate object, and of the latter, he foresaw that he should have immediate use in the next book. So far, he left little for future geometricians but to follow. Some of the demonstrations have been simplified, and some things have been demonstrated ancw. But still we are doubtful whether the same truths have been, or can be presented in a more nat- ural, or more striking order, or with greater force, than they were by Euclid. But farther than this we cannot go. Most of the propositions in the very next book are valuable only as strik- ing instances of the truth of principles, which we arrive at more readily, and state more clearly, in the simple and com- prehensive language of Algebra. Here, too, he is obliged to give us a proof of the imperfection of his instruments, by delaying many of the properties of parallelograms, until he shall have laid down the doctrines of ratios, a doctrine, which belongs no more to geometry than to arithmetic; as it consists of truths that are applicable to all modifications of quantity, and properly makes a part of that language, by which we investigate all. New Series, .NQ. 8. 49 Course of .Mctt/temahcs. [Oct~. Legendres Elements are divided into two parts, the first in four sections on plane geometry, the second in four on solid geometry. The first section is called First Principles, or the proper.~ ties of perpendicular, oblique, and parallel lines. On the same subject as Euclids First, it contains several propositions not to be found there, besides the demonstration, that all right angles are equal, parallel lines are throughout at the same distance, and straight lines cannot coincide in part, without coinciding altogether; all of which Euclid considered either as self-evident, or as consequences of his definitions. Many of the axioms, and all the postulates are omitted. Euclids fifth is made perfectly easy, by being deduced from the equal- ity of triangles with three equal sides; the seventh is dispens- ed with; and the demonstrations, especially the indirect ones, of many others, are exceedingly simplified. The foundation of the theory of parallel lines, the plague and shame of geo- metricians ever since the days of Euclid, is laid on a me- chanical construction, which has at least the merit of point- ing out to the beginner just where the weak point is, and not leaving him to wonder, on being for the first time told, that there is a want of rigor in the structure of the first book of the Elements. The second section, Of the Circle, and the measure of angles, contains propositions similar to those in the third book of Euclid. In this section he proves the proportionality of angles and arches; and great advantage is derived, throughout the work, from introducing, thus early, a measure which is the last result of what is commonly made the last book of Euclid. The third section, entitled Proportions of Figures, contains the measure of surfaces, their comparison, the properties of a right-angled triangle, those of equiangular triangles, of similar figures, of chords, secants, tangents, and of inscribed figures. Here are propositions like many in the first, second, third, and sixth books of Euclid, with several additional ones. The eleventh in this section is th