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his brother Bipbath settled in the British mon, even with the best law authors of positive enactments, from which the lapse Isles, and their uncle Magog sat himseli England, than to consider the existence of of ages has taken away the form and name down in Russia,-just in the same way in 'the common law” peculiar to that coun- of statutes. In Europe, the common law which he mentions historical facts for try; to regard it as an anomalous circum- of her nations is the civil law,—the law of. which there is reasonable authority. Now tance in the history of law, which must be imperial Rome. The very name is recogthis is certainly injudicious, and we might judged of with reference only to itself and nised and applied by authors who treat upon perhaps be justified in using a stronger ex- to the social condition which it helped to the subject; it is no uncommon thing to pression. create, and helps to preserve. But all this find civilians calling their law, the
"jus seems to us a mere fallacy. Every nation commune," and treating of it as such. But
must have, by irresistible necessity, its the civil law becomes, in those countries, A Dissertation on the Nature and Extent of common, unwritten law. This must be true, the common law, only as it is modified in
the Jurisdiction of the Courts of the Unit- until human laws can reach every variety various ways by the peculiarities of the naed States, being a Valedictory Address of human action and every exigency of tional character or institutions; it must delivered to the Students of the Law Acad- social life. Laws may be multiplied and bow and bend itself to these controlling ciremy of Philadelphia, at the close of the varied, until the common law of a country, cumstances for a long time, ere it acquires Academical Year, on the 22d April, 1824. is little more than a system of legal exe- a power which can influence them; everyBy Peter S. Du Ponceau, LL. D. Pro- gesis ; performing little other use than that where in Europe the common law must be vost of the Academy. To which are ad- of explaining certain legal phrases and de- sought, not more in the Pandects, than in ded, a Brief Sketch of the National Judi-fining the extent of their meaning. But the recorded and accumulated decisions of ciary Powers exercised in the United so much common law as this, every body of judicial courts. We had supposed, that States prior to the adoption of the present people living in regulated society, assured since the adoption of the Code Napoléon, Federal Constitution, by Thomas Ser. iy will have, whencesoever it may be deriv- the written law of France was more pergeant, Esq. Vice Provost. And the Author's ed. Less than this a common law cannot be ; fect and independent of collateral aid, than Discourse on Legal Education, delivered but it may be vastly more. Principles and that of any other pation.
But a remark at the opening of the Law Academy, in forms suggested by the wisdom or chanced of Mr Du Ponceau's upon this subject, gave February, 1821. With an Apendix and
upon by the good fortune of a distant an- us some interesting information, and strongNotes. Philadelphia. 1824. 8vo. pp. 294. cestry, approved by experiment, and sanc-ly illustrates the inevitable necessity of a We are glad that a work expressly devoted tioned by perpetual usage, may, by the common law. to the very important subject, which Mr many changes and additions of successive But admitting that this country possesses superiDu Ponceau examines in this volume, bas ages, be woven into a well arranged and or legislative talents to any other, I assert, without at length been published in this country. thorough system of law. In a nation the fear of contradiction, that it is impossible to It is of consequence, not merely to lawyers, where such a common law as this exists, it abolish the common law. Make as many codes as not merely to statesmen, but to all for is seen and felt to be something more than you will, this second nature will still force itself
upon you: whose protection and advantage our na- a mere supplement and aid to the written
• Expellas furcâ, tamen usque recurret." tional judiciary has been established ;—the law,—to be in fact a system of law by it
In proof of this, I shall adduce a very recent and public good demands that the influence self, of value proportioned to the wisdom very striking instance. The emperor Napoleon which “ the common law” has upon the of its principles, the extent of its operation, gave to the French a new and uniform code of laws, powers or forms or obligations of this High and the importance of the subjects which which has been now in force about twenty years. Court, should be distinctly seen and ac- lie within its reach. Such is the common law It is admitted to be as complete as a work of this curately measured. The author of this of England. It is easy to imagine the kind can be, and well suited to the nation for
whom it was made. But I can assure you, that, valuable work should have given it a growth and establishment of a common
as far as I have been able to observe, the digest better title; it is true that he examines law among a people, with little legislative and code of Justinian, the former laws and ordicursorily the nature and extent of the aid, and little help from the analogy of nances of the kingdom, and the immense collection jurisdiction of the United States courts ; foreign institutions. Let a few statutes be of the works of the civilians and French jurists are but the question to which he has bent his passed ;-we should rather say, let a few not less quoted at present in the lawyers pleadings
than they formerly were, and so it would be with attention, and which he has done much rules of conduct be agreed upon or be im- us if we were to abolish the common law. We good by elucidating, is, whether these posed by a master and fortified by penal should still recur to it for principles and illustracourts have a common law jurisdiction, and sanctions. Some difficult questions will tions, and it would rise triumphant above its own what that jurisdiction is. Mr Du Ponceau arise with respect to their meaning, and ruins, deriding and defying its impotent enemies. admits that these courts have jurisdiction they who exercise judicial functions will The question recurs, what and whence is of but not from the common law; in other answer them for their own days and for the common law of this country ? Its prinwords, that they derive no authority from posterity; some cases will occur to which cipal origin is clearly the common law of this law, but that they may look to it for the existing laws do not precisely apply, England. We were once a part of the the mode of exercising powers expressly but an obvious and direct analogy from empire over which that law extended. We and certainly given to them, when they can laws affecting kindred subjects, will lead to speak the language in which that law is find sufficient direction no where else. a just decision, and this will be remember- embodied; the statutes made where it ex. Thus, to take the simplest instance, if a ed. Lastly, there will be doubts as to the isted, and therefore accommodated to it statute, wbich conforms to the constitution, mode of enforcing specific laws or exercis- both in their phraseology and their enactdeclares a certain action to be penal, and ing authorities clearly given--of inflicting ments, are the models which many of our directly or by necessary implication, re- punishments unquestionably deserved, or most important statutes have followed, alquires the national courts to visit the offen- affording protection where it is claimed of most to the letter. It was therefore unader with punishment, but does not prescribe right; and in these cases the courts will voidable, that the courts of this country the punishment, then the court must look suggest and their ministerial officers invent should look to this law, when the phraseoloto the common law, and govern themselves processes adapted to the purpose; and if gy of our statutes was to be explained or by its modus operandi.
found good, they will be retained. Thus a the manner or extent of their application But what is this common law? There common law may grow up by the side of a ascertained ;-when rights certainly existare many popular errors upon this subject statute law and be accommodated to and ed-while adequate remedies were not which we think Mr Du Ponceau would have by it, until each becomes essential to the otherwise indicated ; and where certain dudone good service in exposing; we regret, other. Perhaps no existing common law ties were made obligatory, while the forms and not on this account alone, that the has an origin so unmingled as that we have and processes by which they should be nature of this dissertation,-it being a described. In England, we suppose it as- discharged were not pointed out. We spoken address, -confined the author with certained, that a large and important part think such has been the procedure not only in so narrow limits. Nothing is more com-l of the common law is formed from early of almost all our State courts, but of our
national judiciary. That this course has be derived from a regard to the English dence before the adoption of the Federal been pursued uniformly we do not pretend, common law, so long as our judges look to Constitution, is able and accurate, his name for there certainly are instances of the to that law, only for direction, never for gives a warranty, which cannot be strengthcontrary; but we do believe that it has authority. Some writers and we may ened by any expression of our opinion. been suficiently long and general to have indeed say, some states, see fit to dread vast established, even in the way of usage, evil from the recollection of that system of much of the English common law, as our law whence our own originated ; but we Redgauntlet. A Tale of the Eighteenth Cenown common law. will let Mr Du Ponceau answer them. tury.
By the Author of "Waverly." It must however be distinctly under- It may be said, perhaps, that there is too much Philadelphia, 1824. 2 vols. 12mo. stood and recollected, that they are, in no left to the discretion of the Judges as to the quan. We find some difficulty in deciding whether sense of the words, one and the same thing. tum, and even the nature of the punishmeni, and it is worthwhile to review this book. The There is neither any identity between sometimes also as to deciding what is or what is
not an indictable act. them, nor has the elder the authority of ishment, I know no system of laws in which some
As to the quantum of pun- new Waverly Novel !—Why, before the
15th day of August, Redgauntlet will have parentage over the younger. A mistake discretion at least is not lest to the Court according a fornight's opportunity to spread through upon this point is very common, and from to the greater or lesser magnitude of the offence. the land, and in half that time it will lie it has originated many erroneous opinions It is impossible to avoid this inconvenience by any
on every table that ever felt the weight of and much foolish conduct. It is rather a legislation. The same thing may be said of the authority to choose between two or three mild pun.
a book, and be read by ten times as many fashion in these days to assail the common ishments ; there may be cases in which imprison people as will read our review. Neverthelaw and deprecate its introduction into this ment would he death to the party, and when a fine less, some of our worthy patrons may wait free land. If this means only that the may be inflicted upon him with greater effect ; until Parker publishes, that their set may authority of this law should be denied, it is others when the reverse may be the case. With be uniform; others may live on borrowing, well; but if the whole body of this law is to respect to the power of deciding in some cadoubt and find themselves more than a fortnight
act indictable or be thrown aside as utterly unfit for us,-if it
not, if it is an evil, it is one to which our citi- off from the owner; others may depend is to be forgotten or prohibited,—then we
zens are all subject within their respective States, upon their circulating library, and receive say fearlessly, our very freedom is gone. and I do not see why any should be exempted their promised copy at last, bereft of half Those parts of our constitution which may from it, merely because they are not amenable to its leaves, and as to a fair proportion of the best protect is, become a dead letter; the State jurisdiction. If it were so, it would follow residue defiled into illegibility, lastly, many wisest provisions of our fathers, are made, that the Federal Constitution has loosened in a by our folly, a mere array of empty words ed at the time of its adoption, and that it proclaim- upon our reviewing the book, and so deter
strange manner the bands of society which exist whom we infinitely respect, may calculate -an empty pageantry. Look, for instance, ed impunity to every crime which the State author- mine not to read it until they know what at the provision respecting the privilege of ities could not reach, until by the gradual and slow we think of the matter-seeing, that if Habeas Corpus, which forms a part of the process of legislation, Congress should provide for left to their own uidance, they may comvery first article of the constitution. I am every case that might in future arise. Such is the mit themselves by saying something or
inevitable principle that imprisoned without good cause and apply to United States have no national common law, while other very much out of the way. These a judge for this writ—but he does not un- the doctrine that I contend for is entirely harmless, reflections have brought us to a sense of derstand me. “Sir,” says he, “I have no particularly when it is considered that the common our duty,—or rather have awoke our natusuch words in my dictionary:—that volume law does not give jurisdiction to the Federal Courts, ral disposition to be generous, even to self
So that, under your arm is a sealed book to me, it but is merely directory of its exercise. is a book of the English common law-my ple, by not viewing the subject in all its bearings, proportion of our readers, for whose espe
it appears to me that the opponents of this
small volumes of the laws give me no form for have in fact been afraid of dangers which are not cial behoof we incur the hazard of telling that writ—they give me no means whatso- to be apprehended.
the remaining multitude a thrice told tale, ever for exercising the authority which it
Thus a phantom has been raised which needs on- not to fall into the sin of ingratitude, by may be that I possess." The fact is, as ly to be looked fully in the face to vanish into thinking too little of our
kindness. Mr Du Ponceau clearly shows, the constitu- empty air. The more this question is investigated on its true principles, the niore I am satisfied that
But the horrors of indecision again astion, and the laws made in pursuance of it, the inquiry will result in the conclusions that I have sail us. In what way shall we review this perpetually recognise and adopt the com- formed and which I commit to your future re- book. We are violently stirred by that mon law. In the ninth amendment suits at search.
“ last infirmity of noble minds,"-love of common law are mentioned; in the thir- We should the more regret that Mr Du glory,—to make an eloquent, and original, teen section of the Judiciary act of 1789, Ponceau had not occupied a larger space and delightful, and, as it were, immortalizwrits of mandamus are in certain cases with his examination of the important sub- ing article upon the Waverly Novels in authorized, and indeed in the same act ject of this address, but that his industry the general. This, bowever, we may not remedies at common law are expressly re- and ability have almost exhausted it, in attempt, firstly, because, as every body served to suitors under specified circum- these few pages. There can hardly arise knows, we eschew essay-writing,-secondstances. If any doubt remains as to what a question respecting the common law ju- ly, this review must leave our hands for the this common law may be, let them be an- risdiction of our national courts, which will pri" ters, in twenty minutes,-and thirdly, swered by Judge Marshall, who expressed not receive some light from his researches it is extremely hot, and we are extremely himself as follows on the trial of Mr Burr. and remarks. If we indeed form one peo- lazy. If we were wholly governed by the “ I understand,” says he, “by the law men-ple ;-if, as we fondly believe, we may boast impulses of indolence, then should we make tioned in the statutes of the United States, of a national identity, and hope that it will a faithful abstract of the story. But those general principles and those general be perpetuated, other writers will follow in it would be too cruel towards those wbo y ages which are to be found not in the the path which Mr Du Ponceau has opened; have not read it,--for whose peculiar benlegislative acts of any particular State, but but he has won the honor of being the first eft we write,-to disable them at once, in that generally recognised and long estab- distinctly to advance and fully to sustain from getting interested in the ingenious lished law, which forms the substratum of the important position, that we have a na- mysteries of the novel. We really think the laws of
there is nothing left for it, but to give a The common law of this country, as of We have left ourselves little room to very general account of the scenes, the every other, lies in the wisdom, the learn- speak of the remainder of this volume. characters, and the events, enlivened by ing, and the conscience of the judicial offi- Mr Du Ponceau's Address, delivered at the a few extracts—and then close with whatcers; we can have little security that it opening of the Law Academy, contains a ever we can find to say in way of remark, will not be mistaken or abused, beyond that rapid sketch of the history of legal educa- spinning out the ideas we chance to lay which their sagacity and integrity may tion in England and in this country; and hold of, as far as we can without jeopar! give us. But however numerous or dread- is both interesting and valuable. That Mr izing our established reputation for singula ful may be its abuses, they are not likely to Sergeant's view of our national jurispru- 1 conciseness, and a most scrupulous, and, in deed, conscientious regard to simplicity and strike them is the task of a good horseman, with a /mongst the quicksands.'-I professed my ignoelevation of expression; for a peculiar af- quick eye, a determined hand, and full command rance of the way, to which he only replied, "There fection towards that antiquated quaintness both of his horse and weapon. The shouts of the is no time for prating-get up behind me.
fellows as they galloped up and down in the ani- He probably expected me to spring from the of style, which, in its fear of repetition, nating exercise-their loud bursts of laughter when ground with the activity which these Borderers hardly suffered itself to hint at an idea, and any of their number caught a fall, and still louder have, by constant practice, acquired in all relating a perpetual and remarkably successful en- acclamations when any of the party made a capital to horsemanship; but as I stood irresolute, he ex. deavour to illustrate the important maxim, stroke with his lance--gave so much animation to tended his hand, and grasping mine, bid me place that “ brevity is the soul of wit ;" for a the whole scene, that I caught the enthusiasm of my foot on the toe of his boot, and thus raised me
the sport, and ventured forward a considerable in a trice to the croupe of his horse. I was scarce most noble disdain of the base artifice space on the sands. The feats of one horseman, in securely seated, ere he shook the reins of his horse, which would conceal poverty of thought particular, called forth so repeatedly the clamorous who instantly sprung forward; but annoyed, doubtbeneath the veil of periphrastic phraseolo- applause of his companions that the very banks less, by the unusual burthen, treated us to two or gy; and, in short, for being one of few rang again with their shouts. He was a tall man, three bounds, accompanied by as many flourishes words,--who never says the same thing
well mounted on a strong black horse, which he of his hind heels. The rider sat like a tower, not
caused to turn and wind like a bird in the air, withstanding that the unexpected plunging of the more than once.
carried a longer spear than the others, and wore animal threw me forward upon him. "The horse “Redgauntlet," is the name of a Scot- a sort of fur cap or bonnet, with a short feather in was soon conipelled to submit to the discipline of tish family of influence, who acquired this it, which gave him on the whole rather a superior the spur and bridle, and went off at a steady hand prepossessing title by being, in all their appearance to the other fishermen. He seemed to gallop; thus shortening the devious, for it was by generations, as bloody in their dispositions hold some sort of authority among them, and no means a direct path, by which the rider, avoidand doings as could well be. They be occasionally directed their motions both by voice ing the loose quicksands, made for the northern
and hand ; at which times I thought his gestures bank. longed to the numerous tribe of Wrongwere striking, and his voice uncommonly sonorous
Afterwards, Darsie is kidnapped, and heads, who are never easy when a quar- and commanding. rel is going on until they get into it, and The riders began to make for the shore, and the Fairford goes in search of him; he is innever able to get in on the winning side. interest of the scene was almost over, while I lin- duced to go on board a smuggling vessel, In the rebellion of '45, the head of the gered on the sands, with my looks turned to the and becoming very sick from fatigue and
shores of England, still gilded by the sun's last exposure, is left by the crew at a honse house lost his head, and-much to the re- rays
, ani, as it seemed, scarce distant a mile from where certain Catholic spinsters exergret of his disconsolate survivors-his es- me. The anxious thoughts which haunt me began tate; but he had married an English wo- to muster in my bosom, and my feet slowly and cise hospitality towards all who need it. man, whose property descended to his son. insensibly approached the river which divided me Here, it happens that Prince Charles EdThe intrigues and violence of his surviving from the forbidden precincts, though without any ward is concealed under the name and brother, who adhered to the Pretender's the sound of a horse galloping; and as I turned, formed intention, when my steps were arrested by guise of Father Buonaventure. For pur
which are afterwards disclosed, these cause, and strove diligently to obtain such the rider (the same fisherman whom I had former: ladies wish Fairford to see their ghostly control over his nephew's person and feel. !y distinguished), called out to me, in an abrupt ings, as to make him an instrument in his manner, Soho, brother! you are too late for Bow- Father.
Oho! thought Fairford, the murder is out-here desperate purposes, form about the whole ness to-night—the tide will make presently."
I turned my head and looked at bim without is a design of conversion !-I must not affront the of the plot. The adventurer, Prince Charles answering; for , to my thinking, his sudden appear- good old ladies, but I shall soon send off the priest
, Edward, is introduced, and strikingly por- ance (or rather I should say bis unexpected ap. i think. He then answered aloud," that he should trayed; the prominent person of the tale, proach) had, amidst the gathering shadows and be happy to converse with any friend of theirs—that is the Jacobite Redgauntlet, whose extra- lingering light, something that was wild and om- in religious matters he had the greatest respect for
inous. ordinary character is powerfully conceived
every modification of Christianity, though, he must and executed;—and the subordinate actors or have you a mind for the next world?'
· Are you deaf?” he added, 'or are you mad?-- say, his belief was made up to that in which he
had been educated ; nevertheless, if his seeing the are all quite good without being very re- 'I am a stranger,' 1 answered, “and had no other religious person they recommended could in the markable. The scene is laid, partly in purpose than looking on at the fishing-I am about least show his respectEdinburgh and partly in the Border coun- to return to the side I came from.'
"It is not quite that,' said Sister Seraphina,-'altry about the mouth of the Solway. The
Best make baste then,' said he. 'He that dreams though I am sure the day is too short to hear himfollowing passage introduces Redgauntlet world. The sky threatens a blast that will bring concerns of our souls; but
on the bed of the Solway may wake in the next | Father Buonaveuture, I mean-speak upon the the Uncle. Darsie Latimer meets him in the waves three foot a-breast.'
"Come, come, Sister Seraphina,' said the younger, thus opportunely, and writes an account of So saying, he turned his horse and rode off, it is needless to talk so much about it. His-his the interview to his friend Alan Fairford. while I began to walk back towards the Scottish Eminence-I mean Father Buonaventure--will I mentioned in my last, that having abandoned tide advances with such rapidity upon these fatal know.'
shore, a little alarmed at what I had heard; for the himself explain what he wants this gentleman to my fishing-rod as an unprofitable implement, I sands, that well-mounted horsemen lay aside hopes • His Eminence!' said Fairford, surprised-'Is crossed over the open downs which divided me from the margin of the Solway. When I reached while they are yet at a distance from the bank.
of safety, if they see its white surge advancing this gentleman so high in the Catholic Church?the banks of the great estuary, which are here very
This title is given only to Cardinals, I think.'
These recollections grew niore agitating, and, • He is not a Cardinal as yet,' answered Seraphibare and exposed, the waters had receded from the instead of walking deliberately, I began a race as * but I assure you, Mr Fairford, he is as high large and level space of sand, through which a fast as I could, feeling, or thinking I felt, each pool in rank as he is eminently endowed with good gifts, stream, now feeble and fordable, found its way to of salt water through which I splashed, grow andthe ocean. The whole was illuminated by the decper and deeper. At length the surface of the Come away,' said Sister Angelica. Holy Virbeams of the low and setting sun, who showed his sand did seem considerably more intersected with gin, how you do talk !-- What las Mr Fairford to ruddy front, like a warrior prepared for defence, pools and channels full of water--either that the do with father Buonaventure's rank?--Only, sir, over a huge battlemented and turretted wall of tide was really beginning to influence the bed of you will remember that the Father has been always crimson and black clouds, which appeared like an the estuary, or, as I must own is equally probable
, accustomed to be treated with the most profound immense Gothic fortress, into which the Lord of that I had, in the hurry and confusion of my re- deference;-indeedday was descending. His setting rays glinmered treat, involved myself in difficulties which I had • Come away, sister,' said Sister Seraphina in her bright upon the wet surface of the sands, and the avoided in my deliberate advance. Either way, it turn; "who talks now, I pray you? Mr Fairford numberless pools of water by which it was covered, where the inequality of the ground had occa
was rather an unpromising state of affairs, for the will know how to comport himself.'
sands at the same time turned softer, and my footsioned their being left by the tide.
* And we had best both leave the room,' said the The scene was animated by the exertions of a with water.
steps, as soon as I had passed, were instantly filled younger lady, 'for here his Eminence comes.'
I began to have odd thoughts con- She lowered her voice to a whisper as she pronumber of horsemen, who were actually enployed cerning the snugness of your father's parlour, and nounced the last words; and as Fairford was about in hunting Salmon. Ay, Alan, lift up your hauds the secure fooling afforded by the pavement of to reply, hy assuring her that any friend of hers and eyes as you will, I can give their mode of Brown's Square
and Scot's Close, when my better should be ireated by him with all the ceremony he fishing no name so appropriate; for they chased genius, the tall fisherman, appeared once more could expect, she imposed silence on him by holdthe fish at full gallop, and struck them with their close to my side, he and his sable horse looming ing up her finger. barbed spears, as you see hunters spearing boars in gigantic in the now darkening twilight. the old tapestry. The salmon, to be sure, take the
A solerun and stately step was now heard in the thing more quietly than the boars; but they are so which had before thrilled on my car, or are you not merely of a bishop or cardinal, but of the Sove
. Are you mad?' he said, in the same deep tone gallery; it might have proclaimed the approach, swift in their own element, that to pursue and I weary of your life ?-You will be presently a- 'reign Pontiff himself. Nor could the sound have
been more respectfully listened to by the two la- overawed by the airs of superiority, which could ciety. On this plan, one teacher is suffidies, had it announced that the Head of the Church be only properly exercised towards one over whoin cient for each school, though it be composwas approaching in person. They drew them- religion gave the speaker influence, sat down at his selves, like sentinels on duty, one on each side of bidding, as if moved by springs, and was at a loss ed of several hundreds ; and the annual the door by which the long gallery conmunicated how to assert the footing of equality on which he expense for each scholar has been reduced
, with Fairford's apartment, and stood there im- felt that they ought to stand. The stranger kept as stated in the Report, to the very modemoveable, and with countenances expressive of the the advantage which he had obtained.
rate sum of one dollar and eighty cents. deepest reverence.
* Your name, sir, I am informed, is Fairford,' | This expense is defrayed from a common The approach of Father Buonaventure was so said the Father.
school fund, one half of which is paid out slow, that Fairford had time to notice all this, and to A an answered by a bow. marvel in his mind that wily and ambitious priests "Cailed to the Scottish bar,' continued his visitor. of the school fund belonging to the State, could have contrived to subject his worthy but sim- " There, is, I believe, in the West, a family of birth and the other half is raised by the city corple-minded hostess to such superstitious trammels. and rank called Fairford of Fairford.'
poration for this purpose. Father Buonaventure's entrance and appearance Alan thought this a strange observation from a A large portion of the pamphlet before in some degree accounted for the whole. foreign ecclesiastic, as his name intimated Father us is occupied with an account of a contro
Ile was a man of middle lile, about forty or up- Buonaventure to be; but only answered, he bewards; but either care, or fatigue, or indulgence, lieved there was such a family.
versy between the Trustees of this Society had brought on the appearance of premature old • Do you count kindred with them, Mr Fairford?' and certain religious Societies in relation age, and given to his fine features a cast of seri- continued the inquirer.
to this fund. It appears, that a law of the ousness or even sadness. A noble countenance, I have not the honour to lay such a claim,' said State allows the different Religious Sociehowever, still remained ; and though his complex: Fairford. “My father's industry has raised his ties in that city to establish free schools, ion was altered, and wrinkles stamped upon his family from a low and obscure situation Save and puts them on the same footing with this brow in many a melancholy fold, still the lofty no hereditary claim to distinction of any kind. institution, by allowing all to draw from this forehead, the full and well opened eye, and the May I ask the cause of these inquiries ?? well formed nose, showed how handsome in better • You will learn it presently,' said Father Buon- fund in proportion to the number of scholars days he must have been. He was tall, but lost the aventure, who had given a dry and dissatisfied taught in their respective schools. Some advantage of his height by stooping; and the cane hem at the young man's acknowledging a plebeian of these Societies, it would appear, have which he wore always in his hand, and occasion descent. He then motioned io him to be silent, taken especial care to increase their nurnally used, as well as the slow though majestic gait. ar.d proceeded with his queries.
ber of scholars as much as possible; and, seemed to intimate that his fine form and limbs felt
We know how much one expects from a by hiring incompetent teachers at a lower already some touch of infirmity. The colour of his hair could not be discovered, as, according to
new Waverly Novel, and how difficult it is salary than that paid by the Free School the fashion, he wore a periwig. He was hand- to satisfy high expectations; and we are Society, have reserved a surplus from the somely, though gravely dressed in a secular habit, aware that if former achievements are not and had a cockade in his hat; circumstances which surpassed, we are apt to think they are not they have appropriated to the erecting of
sum drawn out of the school fund, which did not surprise Fairford, who knew that a military equalled; still, while we admit that Reddisguise was very often assumed by the seminary
school-houses. Whether they have been priests, whose visits to England, or residence there, gauntlet has interested and amused us, we induced to these measures from a beliei subjected them to legal penalties.
are constrained to rank it as decidedly in that no religious education would be availAs this stately person entered the apartment, the the second class of this author's produc- ing which did not inculcate the peculiar two ladies facing inward, like soldiers on their post tions. It did not cost him effort enough to principles of their respective sects, or found when about to salute a superior officer, dropped on relieve it from the appearance of great a still more powerful motive in the consideither hand of the Father a courtesy so profound, carelessness, and though it demonstrates, eration that these school-houses would be the that the hooped petticoats which performed the feat seemed to sink down to the very floor, nay, like every thing he has written, the pos- property of the Society thus erecting them, through it, as if a trap-door had opened for the de- session of remarkable powers, it exhibits
we do not stop to inquire. It is sufficiently scent of the dames who performed this act of rev- them slightly, and seldom exerted. obvious, that these measures were rapidly The Father seemed accustomed to such homage,
tending to defeat the usefulness of the Free profound as it was; he turned his person a little
School Society, by depriving it of its funds, way first towards one sister, and then towards the Nineteenth Annual Report of the Trustees and appropriating them less beneficially, if other, while, with a gracious inclination of his per- of the Free School Society of New York; not wresting them from the purposes for son, which certainly did not amount to a bow, he with an Appendix. New York, 1824. which they were intended. For, by estabacknowledged their courtesy. But he passed for
8vo. pp. 68. ward without addressing them, and seemned, by so
lisbing schools of an inferior quality, these doing, to intimate that their presence in the apart. This is one of the most useful institutions Societies were doing much to bring the ment was unnecessary.
in our country. Experience has set her system itself into disrepute; and were inThey accordingly glided out of the room, retreat- seal to this testimony; and it is corrobo- vesting a part of the public School fund in ing backwards, with hands clasped and eyes cast rated by an interesting circumstance stated real estate, which would henceforth belong, upward, as if imploring blessings on the religious
Aware of this state of man whom they venerated so highly. The door of in this, the Nineteenth Annual Report, that to themselves. the apartment was shut after them, but not before more than twenty thousand poor children things, the Corporation of that city united Fairford had perceived that there were one or two have been registered on the books of the with the Trustees of the Free School, in men in the gallery, and that, contrary to what he schools, but one of whom has been traced an application to the Legislature for a had before observed, the door, though shut, was not
to a criminal court." When we consider remedy. They were joined by a large locked on the outside.
Can the good souls apprehend danger from me to that it is the children of the poor and indi- number of their fellow citizens, and by this god of their idolatry? thought Fairford. But gent only who are admitted into these some of the Religious Societies themselves. he had no time to make farther observations, for the schools, and thus rescued from ignorance An act has passed the House of Assembly stranger had already reached the middle of his and vice, we shall be prepared to appre- for this purpose, and we cannot doubt of apartment.
ciate the importance of this fact, as evi- its ultimate success in the other branches, Fairford rose to receive him respectfully, but as he fixed his eyes on the visitor, he thought that the dence of the intellectual and moral culture as it was reported to the Senate without Father avoided his looks. His reasons for remain which these schools afford.
amendment, but they had not time at their ing incognito, were cogent enough to account for It appears by the present Report, that last session to consider it. We can look this, and Fairford hastened to relieve him, by look- there are ten schools now under the care with indifference on the competition being downwards in his turn; but when he again rais- of the Society, four of which are taught by tween the proprietors of steam-boats and ed his face, he found the broad light eye of the females and composed of girls only; four stages. If they ruin their own fortunes, stranger so fixed on him, that he was almost put out of countenance by the steadiness of his gaze. others are of boys exclusively, and two are the community will suffer no serious loss. During this time they remained standing. composed of both sexes. The whole num- But a rivalry which shall tend to impede
"Take your seat, sir,' said the Father ; ' you have ber of scholars at the present time is four the efforts and diminish the resources of an been an invalid.'
thousand three hundred and eighty-four. institution like this, is a public injury, which He spoke with the tone of one who desires an in- All these are taught on the Lancastrian every friend to the moral and intellectual ferior to be seated in his presence, and his voice was full and melodious.
or mutual instruction system, which was advancement of his species cannot bot Fairford, somewhat surprised to find himself first introduced into our country by this So- I deplore.
We certainly approve of the system of motion of Christianity in India. To ren-, which is in the Oordoo or court dialect, into a mutual instruction, if applied to its proper der the information definite, a number of greater conformity with the popular dialect called objects and kept within due bounds; but questions are propounded respecting the the Hinduwee. These, as far as my information
extends, are the only persons who have engaged we are not so sanguine as to believe that it real success attending the exertions now with effect in the work of translating the Scriptures will make many profound scholars, or do making for the conversion of the natives into any of the languages spoken or read in the much to elevate our rank in science and of in dia; the standing, number, and char- Bengal Presidency; and such, to the best of my literature among the nations. But if it acter of the converts; the comparative knowledge, is the amount of their labours. does little to increase the intensity of light success which has attended the labours of There have been five editions of Dr Cawhich surrounds us, it will do much by dif- Missionaries of the various denominations; rey's Bengallee New Testament. fusing that light, and extending it into the the numbers and standing of Unitarian The plan followed in translating, is the remoter corners and by-places of compara- Christians, and the treatment they receive following. Dr Carey produces a version in tive obscurity, until ali the dark and shad- from others; the causes which have pre- Bengallee, and employs a Pundit to transowy recesses in the social structure are vented, and still prevent the reception of late from this into some other language; a gladdened by its peaceful radiance. The Christianity. He also inquires whether second Pundit uses the version of the first, benefits of a thorough spread of useful there are any reasons for supposing that to translate into a third language. This, knowledge to a community like ours, and the obstacles, which have hitherto opposed however, is the case only when the seveto a government whose very existence must its progress, would be removed by present-ral Pundits, do not all understand Bengaldepend upon the virtue aud intelligence of ing it under the form of Unitarianism, and lee. There can be no doubt that the text the people, are incalculable.
in what way efforts for this end should be is somewhat corrupted by these successive We learn from another source, that made; whether any benefits have resulted translations; yet it is to be remarked, that measures are in operation for establishing from translating the Bible into the languag- where the translation was superintended a school in that city, to teach the higher es of the East; what is the character of the by Dr Carey, he compared every version branches of education on the plan of mu- translations which have been made; what with the Bengallee, and doubtless with the tual instruction, and that a building is now parts of India or of the East afford the best original. The Pandits employed in this erecting for that purpose. We have suppos- prospects for propagating the gospel. work, are supposed to be, in most cases, ed that this system was adapted to the sim- These are the principal questions pro- really learned men, but there have been pler elements of education only; and that pounded by Dr Ware. Mr Adam has re- some exceptions. it could not be applied to the higher branch- plied to them at considerable length, and The publication of Christian tracts is the es with advantage. The account of the given, what we believe to be, in general, means next in importance. The total of High School of Edinburgh, given by Pro- a just account of the state of Christianity tracts printed, in different languages, by fessor Griscom in his “ Year in Europe,” in Hindoostan. Our belief of the general the Congregational Missionaries during the has somewhat altered our opinion in this correctness of his statements is strength- five years since the formation of their Sorespect. But we still think the common ened by their agreement with other opin- ciety, was one hundred and seventeen thoumode of teaching the Classics and the ions and testimony of great weight. It is sand. The number issued by other Sociehigher branches of Mathematics, is to be to be noticed that Mr Adam published Drties is not given. Mr Adam has a very preferred wherever it is practicable. As, Ware's questions, and the substance of his unfavourable opinion of the character of however, the establishment of such a school own reply, in Calcutta, where one would these tracts. This was to be expected will be likely to extend the knowledge of think he could hardly be induced by any from his difference of religious opinion; but some of the higher branches of education motives, to hazard misrepresentations on a from the facts he has stated with respect to those who, for want of means or oppor- subject so interesting to his theological op- to some of them, we cannot but think his tunity, would otherwise remain destitute, ponents. We have made these remarks, judginent correct. it has our most cordial wishes for its pros- because we supposed most of our read- The preaching of the Gospel in the naperity.
ers, like ourselves, unacquainted with Mr tive Indian languages has been much reliThe Newspapers inform us of the arrival Adam. We shall now proceed to give an ed on by the various sects of Missionaries, of Mr Lancaster at Carraccas, whither be abstract of the information, which he fur- and still continues to employ considerable has gone for the purpose of establishing his nishes in his communication dated Decem- numbers. Many of these are quite incomsystem in the new republics of South Amer- ber, 1823.
petent to the task, and they are supposed ica. That country offers a wide field for Of the exertions now making for the to have generally committed a great error, his exertions, if the policy of their religion conversion of the natives, the most impor. in preaching principally to the poor and will suffer him to labour in it. He is not tant is the translation of the Scriptures. illiterate. We have not room to say much the man whom we should think best calcu- The principal of the translators is Dr Ca- of them, but shall presently state the delated to recommend this systein to the at- rey, Professor of the College of Fort Wil-gree of success which has attended their tention of strangers; but he possesses two liam, who, with the aid of learned natives, labours. important requisites-great zeal in the called Pundits, had, several years ago, Of Christian Societies composed entirecause, and thorough acquaintance with his produced versions in six or seven differently of Europeans, there are none except a subject; and, for the sake of the excellent languages, and he may have added others few in the army. There are five Societies cause in which he labours, we hope he will since.
in different places, composed “partly of meet with no insurmountable obstacle to its
Next to Dr Carey, in the list of translators, are Europeans, and partly of country-borns, advancement.
the Rev. Henry Martyn, a chaplain of the East In- Portuguese, and Armenians; and fifteen, dia Company, who translated the New Testament
into Hindoosthanee and Persian; the Rev. John composed principally, or wholly, of native Correspondence relative to the Prospects of long and diligently at translations of the New Tes- tians in each of these churches is supposed
The number of native ChrisChamberlain, a Baptist Missionary, who laboured members." Christianity, and the Means of Promot- tament into Hinduwee and Bruj, but experienced not to exceed twenty. ing its Reception in India. Cambridge, considerable difficulty in getting them through the The education of the natives is promoted 1824. 8vo. pp. 138.
press; Mr Ellerton, an indigo-planter, who trans-on a small scale, by Boarding schools, and The pamphlet commences with a letter lated the New Testament into Bengallee, professdated Harvard Colle
edly improving upon Dr Carey's version into the by superintending, at fixed salaries, native
April, 1823, ad- same language; Archdeacon Corrie and the Rev. schools established by government, and dressed by the Rev. Dr Ware to the Rev. Mr Thomason, who have engaged to furnish the others supported by public contributions. W. Adam, a Unitarian minister in Calcutta. Calcutta Bible Society with a translation of the Something has also been done by way of It was written for himself and other Unita- Old Testament into Hindoosthante corresponding translating elementary works into the narians with whom he is associated, for the 10 Mr Martyn's translation of the new; and Mrtive languages, and by the publication of
a -, who purpose of obtaining information whether has been for some time past engaged in modifying periodical works., A College has also been any thing can be done by them for the pro- Mr Martyn's Hindoosthanee New Testament, established at Calcutta, and one at Seram