his brother Biphath settled in the British Isles, and their uncle Magog sat himseli down in Russia,-just in the same way in which he mentions historical facts for which there is reasonable authority. Now this is certainly injudicious, and we might perhaps be justified in using a stronger expression.

But admitting that this country possesses superior legislative talents to any other, I assert, without the fear of contradiction, that it is impossible to abolish the common law. Make as many codes as you will, this second nature will still force itself

mon, even with the best law authors of positive enactments, from which the lapse England, than to consider the existence of of ages has taken away the form and name 'the common law" peculiar to that coun- of statutes. In Europe, the common law try; to regard it as an anomalous circum- of her nations is the civil law,—the law of tance in the history of law, which must be imperial Rome. The very name is recogjudged of with reference only to itself and nised and applied by authors who treat upon to the social condition which it helped to the subject; it is no uncommon thing to 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 Acadsocial 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-ly 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 nation. 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 Du Ponceau examines in this volume, has ages, be woven into a well arranged and at length been published in this country. thorough system of law. In a nation It is of consequence, not merely to lawyers, where such a common law as this exists, it not merely to statesmen, but to all for is seen and felt to be something more than whose protection and advantage our na- a mere supplement and aid to the written tional judiciary has been established;-the law,-to be in fact a system of law by itpublic good demands that the influence which the common law" has upon the powers or forms or obligations of this High Court, should be distinctly seen and accurately measured. The author of this valuable work should have given it a better title; it is true that he examines cursorily the nature and extent of the jurisdiction of the United States courts; but the question to which he has bent his attention, and which he has done much good by elucidating, is, whether these courts have a common law jurisdiction, and what that jurisdiction is. Mr Du Ponceau admits that these courts have jurisdiction of but not from the common law; in other words, that they derive no authority from this law, but that they may look to it for the mode of exercising powers expressly and certainly given to them, when they can find sufficient direction no where else. Thus, to take the simplest instance, if a statute, which conforms to the constitution, declares a certain action to be penal, and directly or by necessary implication, requires the national courts to visit the offender with punishment, but does not prescribe the punishment, then the court must look to the common law, and govern themselves by its modus operandi.

But what is this common law? There are many popular errors upon this subject which we think Mr Du Ponceau would have done good service in exposing; we regret, and not on this account alone, that the nature of this dissertation,-it being a poken address,—confined the author within so narrow limits. Nothing is more com

self, of value proportioned to the wisdom of its principles, the extent of its operation, and the importance of the subjects which lie within its reach. Such is the common law of England. It is easy to imagine the growth and establishment of a common law among a people, with little legislative aid, and little help from the analogy of foreign institutions. Let a few statutes be passed;-we should rather say, let a few rules of conduct be agreed upon or be imposed by a master and fortified by penal sanctions. Some difficult questions will arise with respect to their meaning, and they who exercise judicial functions will answer them for their own days and for posterity; some cases will occur to which the existing laws do not precisely apply, but an obvious and direct analogy from laws affecting kindred subjects, will lead to a just decision, and this will be remembered. Lastly, there will be doubts as to the mode of enforcing specific laws or exercising authorities clearly given-of inflicting punishments unquestionably deserved, or affording protection where it is claimed of right; and in these cases the courts will suggest and their ministerial officers invent processes adapted to the purpose; and if found good, they will be retained. Thus a common law may grow up by the side of a statute law and be accommodated to and by it, until each becomes essential to the other. Perhaps no existing common law has an origin so unmingled as that we have described. In England, we suppose it ascertained, that a large and important part of the common law is formed from early

upon you:

46

Expellas furcâ, tamen usque recurret." In proof of this, I shall adduce a very recent and very striking instance. The emperor Napoleon gave to the French a new and uniform code of laws, which has been now in force about twenty years. It is admitted to be as complete as a work of this kind can be, and well suited to the nation for whom it was made. But I can assure you, that, as far as I have been able to observe, the digest and code of Justinian, the former laws and ordinances of the kingdom, and the immense collection of the works of the civilians and French jurists are not less quoted at present in the lawyers pleadings than they formerly were, and so it would be with should still recur to it for principles and illustrations, and it would rise triumphant above its own ruins, deriding and defying its impotent enemies.

us if we were to abolish the common law.

We

The question recurs, what and whence is the common law of this country? Its principal origin is clearly the common law of England. We were once a part of the empire over which that law extended. We speak the language in which that law is embodied; the statutes made where it existed, and therefore accommodated to it both in their phraseology and their enactments, are the models which many of our most important statutes have followed, almost to the letter. It was therefore unavoidable, that the courts of this country should look to this law, when the phraseology of our statutes was to be explained or the manner or extent of their application ascertained ;-when rights certainly existed,-while adequate remedies were not otherwise indicated; and where certain duties were made obligatory, while the forms and processes by which they should be discharged were not pointed out. think such has been the procedure not only of almost all our State courts, but of our

We

134

national judiciary. That this course has been pursued uniformly we do not pretend, for there certainly are instances of the contrary; but we do believe that it has been sufficiently long and general to have established, even in the way of usage, much of the English common law, as our

own common law.

be derived from a regard to the English
common law, so long as our judges look to
to that law, only for direction, never for
authority. Some writers-and we may
indeed say, some states, see fit to dread vast
evil from the recollection of that system of
law whence our own originated; but we
will let Mr Du Ponceau answer them.

not an indictable act.

Such is the

It must however be distinctly underIt may be said, perhaps, that there is too much stood and recollected, that they are, in no left to the discretion of the Judges as to the quansense of the words, one and the same thing. tum, and even the nature of the punishment, and There is neither any identity between sometimes also as to deciding what is or what is them, nor has the elder the authority of ishment, I know no system of laws in which some As to the quantum of punparentage over the younger. A mistake discretion at least is not left to the Court according upon this point is very common, and from to the greater or lesser magnitude of the offence. it has originated many erroneous opinions It is impossible to avoid this inconvenience by any 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 punfashion in these days to assail the common ishments; there may be cases in which imprisonlaw and deprecate its introduction into this ment would he death to the party, and when a fine free land. If this means only that the may be inflicted upon him with greater effect; authority of this law should be denied, it is others when the reverse may be the case. With well; but if the whole body of this law is to respect to the power of deciding in some doubt be thrown aside as utterly unfit for us,-if it ful cases, whether a certain act be indictable or not, if it is an evil, it is one to which our citiis to be forgotten or prohibited,-then we zens are all subject within their respective States, say fearlessly, our very freedom is gone. and I do not see why any should be exempted Those parts of our constitution which may from it, merely because they are not amenable to best protect us, become a dead letter; the a State jurisdiction. If it were so, it would follow wisest provisions of our fathers, are made, that the Federal Constitution has loosened in a strange manner the bands of society which exist by our folly, a mere array of empty words ed at the time of its adoption, and that it proclaiman empty pageantry. Look, for instance, ed impunity to every crime which the State authorat the provision respecting the privilege of ities could not reach, until by the gradual and slow Habeas Corpus, which forms a part of the process of legislation, Congress should provide for very first article of the constitution. I am every case that might in future arise. imprisoned without good cause and apply to United States have no national common law, while inevitable consequence of the principle that the a judge for this writ-but he does not un- the doctrine that I contend for is entirely harmless, derstand me. "Sir," says he, "I have no particularly when it is considered that the common such words in my dictionary :-that volume law does not give jurisdiction to the Federal Courts, 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, it appears to me that the opponents of this princivolumes of the laws give me no form for have in fact been afraid of dangers which are not that writ-they give me no means whatso- to be apprehended. ever for exercising the authority which it may be that I possess." The fact is, as Mr Du Ponceau clearly shows, the constitution, and the laws made in pursuance of it, perpetually recognise and adopt the common law. In the ninth amendment suits at common law are mentioned; in the thirteen section of the Judiciary act of 1789, writs of mandamus are in certain cases authorized, and indeed in the same act remedies at common law are expressly reserved to suitors under specified circumstances. If any doubt remains as to what this common law may be, let them be answered by Judge Marshall, who expressed himself as follows on the trial of Mr Burr. "I understand," says he, "by the law mentioned in the statutes of the United States, those general principles and those general uages which are to be found not in the legislative acts of any particular State, but in that generally recognised and long established law, which forms the substratum of the laws of every State."

The common law of this country, as of every other, lies in the wisdom, the learning, and the conscience of the judicial officers; we can have little security that it will not be mistaken or abused, beyond that which their sagacity and integrity may give us. But however numerous or dreadful may be its abuses, they are not likely to

So that,

dence before the adoption of the Federal Constitution, is able and accurate, his name gives a warranty, which cannot be strengthened by any expression of our opinion.

Redgauntlet. A Tale of the Eighteenth Cen
tury. By the Author of "
Waverly"
Philadelphia, 1824. 2 vols. 12mo.
WE find some difficulty in deciding whether
it is worthwhile to review this book. The
new Waverly Novel!-Why, before the
15th day of August, Redgauntlet will have
a fornight's opportunity to spread through
the land, and in half that time it will lie
on every table that ever felt the weight of
a book, and be read by ten times as many
people as will read our review. Neverthe-
less, some of our worthy patrons may wait
until Parker publishes, that their set may
be uniform; others may live on borrowing,
and find themselves more than a fortnight
off from the owner; others may depend
upon their circulating library, and receive
their promised copy at last, bereft of half
its leaves, and as to a fair proportion of the
residue defiled into illegibility; lastly, many
whom we infinitely respect, may calculate
upon our reviewing the book, and so deter-
mine not to read it until they know what
we think of the matter-seeing, that if
left to their own uidance, they may com-
other very much out of the way. These
mit themselves by saying something or
reflections have brought us to a sense of
our duty, or rather have awoke our natu
ral disposition to be generous, even to self-
proportion of our readers, for whose espe-
oblivion; and we do beseech that small
cial behoof we incur the hazard of telling
the remaining multitude a thrice told tale,
not to fall into the sin of ingratitude, by
thinking too little of our kindness.

Thus a phantom has been raised which needs only to be looked fully in the face to vanish into empty air. The more this question is investigated on its true principles, the more I am satisfied that But the horrors of indecision again asthe inquiry will result in the conclusions that I have sail us. In what way shall we review this formed and which I commit to your future re-book. We are violently stirred by that search. "last infirmity of noble minds,"-love of We should the more regret that Mr Du glory,-to make an eloquent, and original, Ponceau had not occupied a larger space and delightful, and, as it were, immortaliz with his examination of the important sub-ing article upon the Waverly Novels in ject of this address, but that his industry and ability have almost exhausted it, in these few pages. There can hardly arise a question respecting the common law jurisdiction of our national courts, which will not receive some light from his researches and remarks. If we indeed form one people;-if, as we fondly believe, we may boast of a national identity, and hope that it will be perpetuated, other writers will follow in the path which Mr Du Ponceau has opened; but he has won the honor of being the first distinctly to advance and fully to sustain the important position, that we have a national common law.

the general. This, however, we may not attempt, firstly, because, as every body knows, we eschew essay-writing,-secondly, this review must leave our hands for the printers, in twenty minutes,—and thirdly, it is extremely hot, and we are extremely lazy. If we were wholly governed by the impulses of indolence, then should we make a faithful abstract of the story. But it would be too cruel towards those who have not read it,-for whose peculiar benefit we write,-to disable them at once, from getting interested in the ingenious mysteries of the novel. We really think there is nothing left for it, but to give a We have left ourselves little room to very general account of the scenes, the speak of the remainder of this volume. characters, and the events, enlivened by Mr Du Ponceau's Address, delivered at the a few extracts-and then close with whatopening of the Law Academy, contains a ever we can find to say in way of remark, rapid sketch of the history of legal educa- spinning out the ideas we chance to lay tion in England and in this country; and hold of, as far as we can without jeopard is both interesting and valuable. That Mrizing our established reputation for singular Sergeant's view of our national jurispru- conciseness, and a most scrupulous, and, in

deed, conscientious regard to simplicity and elevation of expression; for a peculiar affection towards that antiquated quaintness of style, which, in its fear of repetition, hardly suffered itself to hint at an idea, and a perpetual and remarkably successful endeavour to illustrate the important maxim, that "brevity is the soul of wit;" for a most noble disdain of the base artifice which would conceal poverty of thought beneath the veil of periphrastic phraseology; and, in short, for being one of few words, who never says the same thing

more than once.

strike them is the task of a good horseman, with a
quick eye, a determined hand, and full command
both of his horse and weapon. The shouts of the
fellows as they galloped up and down in the ani-
mating exercise-their loud bursts of laughter when
any of their number caught a fall, and still louder
acclamations when any of the party made a capital
stroke with his lance-gave so much animation to
the whole scene, that I caught the enthusiasm of
the sport, and ventured forward a considerable
space on the sands. The feats of one horseman, in
particular, called forth so repeatedly the clamorous
applause of his companions that the very banks
rang again with their shouts. He was a tall man,
well mounted on a strong black horse, which he
caused to turn and wind like a bird in the air,
carried a longer spear than the others, and wore
a sort of fur cap or bonnet, with a short feather in
it, which gave him on the whole rather a superior
appearance to the other fishermen. He seemed to
hold some sort of authority among them, and
occasionally directed their motions both by voice
and hand; at which times I thought his gestures
were striking, and his voice uncommonly sonorous
and commanding.

mongst the quicksands.'-I professed my ignorance of the way, to which he only replied,There is no time for prating-get up behind me.'

He probably expected me to spring from the ground with the activity which these Borderers have, by constant practice, acquired in all relating to horsemanship; but as I stood irresolute, he extended his hand, and grasping mine, bid me place my foot on the toe of his boot, and thus raised me in a trice to the croupe of his horse. I was scarce securely seated, ere he shook the reins of his horse, who instantly sprung forward; but annoyed, doubtless, by the unusual burthen, treated us to two or three bounds, accompanied by as many flourishes of his hind heels. The rider sat like a tower, notwithstanding that the unexpected plunging of the animal threw me forward upon him. The horse was soon compelled to submit to the discipline of the spur and bridle, and went off at a steady hand gallop; thus shortening the devious, for it was by no means a direct path, by which the rider, avoiding the loose quicksands, made for the northern bank.

poses

"Redgauntlet," is the name of a Scottish family of influence, who acquired this prepossessing title by being, in all their generations, as bloody in their dispositions and doings as could well be. They belonged to the numerous tribe of WrongAfterwards, Darsie is kidnapped, and heads, who are never easy when a quarrel 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 house lost his head, and-much to the re-rays, and, as it seemed, scarce distant a mile from where certain Catholic spinsters exershores of England, still gilded by the sun's last exposure, is left by the crew at a house gret 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 For purbrother, 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. cause, and strove diligently to obtain such the rider (the same fisherman whom I had former-ladies wish Fairford to see their ghostly which are afterwards disclosed, these control over his nephew's person and feel-ly 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 Bowdesperate purposes, form about the whole ness to-night-the tide will make presently." I turned my head and looked at him without of the plot. The adventurer, Prince Charles answering; for, to my thinking, his sudden appearEdward, is introduced, and strikingly por-ance (or rather I should say his unexpected aptrayed; the prominent person of the tale, proach) had, amidst the gathering shadows and is the Jacobite Redgauntlet, whose extra-lingering light, something that was wild and omordinary character is powerfully conceived and executed;-and the subordinate actors are all quite good without being very remarkable. The scene is laid, partly in Edinburgh and partly in the Border country about the mouth of the Solway. The following passage introduces Redgauntlet the Uncle. Darsie Latimer meets him thus opportunely, and writes an account of the interview to his friend Alan Fairford.

I mentioned in my last, that having abandoned my fishing-rod as an unprofitable implement, I crossed over the open downs which divided me from the margin of the Solway. When I reached the banks of the great estuary, which are here very bare and exposed, the waters had receded from the large and level space of sand, through which a stream, now feeble and fordable, found its way to the ocean. The whole was illuminated by the beams of the low and setting sun, who showed his ruddy front, like a warrior prepared for defence, over a huge battlemented and turretted wall of crimson and black clouds, which appeared like an immense Gothic fortress, into which the Lord of day was descending. His setting rays glimmered bright upon the wet surface of the sands, and the numberless pools of water by which it was covered, where the inequality of the ground had occasioned their being left by the tide.

The scene was animated by the exertions of a number of horsemen, who were actually employed in hunting Salmon. Ay, Alan, lift up your hauds and eyes as you will, I can give their mode of fishing no name so appropriate; for they chased the fish at full gallop, and struck them with their barbed spears, as you see hunters spearing boars in the old tapestry. The salmon, to be sure, take the thing more quietly than the boars; but they are so swift in their own element, that to pursue and

inous.

Are you deaf?' he added, or are you mad?or have you a mind for the next world?"

'I am a stranger,' I answered, and had no other purpose than looking on at the fishing-I am about to return to the side I came from.'

'Best make haste then,' said he. 'He that dreams
world. The sky threatens a blast that will bring
on the bed of the Solway may wake in the next
in the waves three foot a-breast.'

So saying, he turned his horse and rode off,
while I began to walk back towards the Scottish
tide advances with such rapidity upon these fatal
shore, a little alarmed at what I had heard; for the
sands, that well-mounted horsemen lay aside hopes
while they are yet at a distance from the bank.
of safety, if they see its white surge advancing

These recollections grew more agitating, and,
instead of walking deliberately, I began a race as
fast as I could, feeling, or thinking I felt, each pool
of salt water through which I splashed, grow
deeper and deeper. At length the surface of the
sand did seem considerably more intersected with
pools and channels full of water-either that the
tide was really beginning to influence the bed of
that I had, in the hurry and confusion of my re-
the estuary, or, as I must own is equally probable,
treat, involved myself in difficulties which I had
avoided in my deliberate advance. Either way, it
was rather an unpromising state of affairs, for the
sands at the same time turned softer, and my foot-
steps, as soon as I had passed, were instantly filled
with water. I began to have odd thoughts con-
cerning the snugness of your father's parlour, and
the secure footing afforded by the pavement of
Brown's Square and Scot's Close, when my better
genius, the tall fisherman, appeared once more
close to my side, he and his sable horse looming
gigantic in the now darkening twilight.

Are you mad?' he said, in the same deep tone weary of your life?-You will be presently awhich had before thrilled on my car, or are you

Father.

I

Oho! thought Fairford, the murder is out-here is a design of conversion!-I must not affront the good old ladies, but I shall soon send off the priest, think. He then answered aloud, that he should be happy to converse with any friend of theirs-that in religious matters he had the greatest respect for every modification of Christianity, though, he must say, his belief was made up to that in which he had been educated; nevertheless, if his seeing the religious person they recommended could in the least show his respect

'It is not quite that,' said Sister Seraphina,-' although I am sure the day is too short to hear him— concerns of our souls; butFather Buonaveuture. I mean-speak upon the

'Come, come, Sister Seraphina,' said the younger, it is needless to talk so much about it. His-his Eminence-I mean Father Buonaventure-will know.' himself explain what he wants this gentleman to

His Eminence!' said Fairford, surprised-' Is this gentleman so high in the Catholic Church?— This title is given only to Cardinals, I think.'

He is not a Cardinal as yet,' answered Seraphiin rank as he is eminently endowed with good gifts, na; but I assure you, Mr Fairford, he is as high and

'Come away,' said Sister Angelica. 'Holy Virgin, how you do talk!--What has Mr Fairford to do with Father Buonaventure's rank?--Only, sir, you will remember that the Father has been always deference;-indeed―― accustomed to be treated with the most profound

'Come away, sister,' said Sister Seraphina in her turn; who talks now, I pray you? Mr Fairford will know how to comport himself.'

And we had best both leave the room,' said the younger lady, for here his Eminence comes.'

She lowered her voice to a whisper as she pronounced the last words; and as Fairford was about to reply, by assuring her that any friend of hers should be treated by him with all the ceremony he could expect, she imposed silence on him by holding up her finger.

A solemn and stately step was now heard in the gallery; it might have proclaimed the approach, reign Pontiff himself. Nor could the sound have not merely of a bishop or cardinal, but of the Sove

been more respectfully listened to by the two ladies, had it announced that the Head of the Church was approaching in person. They drew themselves, like sentinels on duty, one on each side of the door by which the long gallery communicated with Fairford's apartment, and stood there immoveable, and with countenances expressive of the deepest reverence.

overawed by the airs of superiority, which could
be only properly exercised towards one over whom
religion gave the speaker influence, sat down at his
bidding, as if moved by springs, and was at a loss
how to assert the footing of equality on which he
felt that they ought to stand. The stranger kept
the advantage which he had obtained.
Your name, sir, I am informed, is Fairford,'
said the Father.

The approach of Father Buonaventure was so 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 Called to the Scottish bar, continued his visitor. could have contrived to subject his worthy but sim-There, is, I believe, in the West, a family of birth ple-minded hostess to such superstitious trammels. and rank called Fairford of Fairford.' Father Buonaventure's entrance and appearance in some degree accounted for the whole.

He was a man of middle life, about forty or upwards; but either care, or fatigue, or indulgence, had brought on the appearance of premature old age, and given to his fine features a cast of seriousness or even sadness. A noble countenance, however, still remained; and though his complexion was altered, and wrinkles stamped upon his brow in many a melancholy fold, still the lofty forehead, the full and well opened eye, and the well formed nose, showed how handsome in better days he must have been. He was tall, but lost the advantage of his height by stooping; and the cane which he wore always in his hand, and occasionally used, as well as the slow though majestic gait, seemed to intimate that his fine form and limbs felt already some touch of infirmity. The colour of his hair could not be discovered, as, according to

the fashion, he wore a periwig. He was handsomely, though gravely dressed in a secular habit, and had a cockade in his hat; circumstances which did not surprise Fairford, who knew that a military disguise was very often assumed by the seminary priests, whose visits to England, or residence there,

subjected them to legal penalties.

As this stately person entered the apartment, the two ladies facing inward, like soldiers on their post when about to salute a superior officer, dropped on either hand of the Father a courtesy so profound, that the hooped petticoats which performed the feat seemed to sink down to the very floor, nay, through it, as if a trap-door had opened for the descent of the dames who performed this act of rev

erence.

Alan thought this a strange observation from a foreign ecclesiastic, as his name intimated Father Buonaventure to be; but only answered, he believed there was such a family.

Do you count kindred with them, Mr Fairford?' continued the inquirer.

'I have not the honour to lay such a claim,' said Fairford. My father's industry has raised his family from a low and obscure situation-I have no hereditary claim to distinction of any kind. May I ask the cause of these inquiries?'

You will learn it presently,' said Father Buonaventure, who had given a dry and dissatisfied hem at the young man's acknowledging a plebeian descent. He then motioned to him to be silent, and proceeded with his queries.

ciety. On this plan, one teacher is sufficient for each school, though it be composed of several hundreds; and the annual expense for each scholar has been reduced, as stated in the Report, to the very moderate sum of one dollar and eighty cents. This expense is defrayed from a common school fund, one half of which is paid out of the school fund belonging to the State, and the other half is raised by the city corporation for this purpose.

A large portion of the pamphlet before us is occupied with an account of a controversy between the Trustees of this Society and certain religious Societies in relation to this fund. It appears, that a law of the State allows the different Religious Societies in that city to establish free schools, and puts them on the same footing with this institution, by allowing all to draw from this fund in proportion to the number of scholars taught in their respective schools. Some of these Societies, it would appear, have taken especial care to increase their number of scholars as much as possible; and, We know how much one expects from a by hiring incompetent teachers at a lower new Waverly Novel, and how difficult it is salary than that paid by the Free School to satisfy high expectations; and we are Society, have reserved a surplus from the aware that if former achievements are not sum drawn out of the school fund, which surpassed, we are apt to think they are not they have appropriated to the erecting of equalled; still, while we admit that Red-school-houses. Whether they have been gauntlet has interested and amused us, we induced to these measures from a belief are constrained to rank it as decidedly in that no religious education would be availthe second class of this author's producing which did not inculcate the peculiar tions. It did not cost him effort enough to principles of their respective sects, or found relieve it from the appearance of great a still more powerful motive in the considcarelessness, and though it demonstrates, eration that these school-houses would be the like every thing he has written, the pos- property of the Society thus erecting them, session of remarkable powers, it exhibits we do not stop to inquire. It is sufficiently them slightly, and seldom exerted. obvious, that these measures were rapidly tending to defeat the usefulness of the Free School Society, by depriving it of its funds, and appropriating them less beneficially, if not wresting them from the purposes for which they were intended. For, by establishing schools of an inferior quality, these Societies were doing much to bring the system itself into disrepute; and were investing a part of the public School fund in real estate, which would henceforth belong to themselves.

The Father seemed accustomed to such homage, profound as it was; he turned his person a little way first towards one sister, and then towards the Nineteenth Annual Report of the Trustees

other, while, with a gracious inclination of his person, which certainly did not amount to a bow, he acknowledged their courtesy. But he passed forward without addressing them, and seemned, by so doing, to intimate that their presence in the apart

ment was unnecessary.

They accordingly glided out of the room, retreat ing backwards, with hands clasped and eyes cast upward, as if imploring blessings on the religious man whom they venerated so highly. The door of the apartment was shut after them, but not before Fairford had perceived that there were one or two men in the gallery, and that, contrary to what he had before observed, the door, though shut, was not locked on the outside.

Can the good souls apprehend danger from me to this god of their idolatry? thought Fairford. But he had no time to make farther observations, for the stranger had already reached the middle of his

apartment.

Fairford rose to receive him respectfully, but as he fixed his eyes on the visitor, he thought that the Father avoided his looks. His reasons for remaining incognito, were cogent enough to account for this, and Fairford hastened to relieve him, by looking downwards in his turn; but when he again raised his face, he found the broad light eye of the stranger so fixed on him, that he was almost put out of countenance by the steadiness of his gaze. During this time they remained standing.

Take your seat, sir,' said the Father; you have been an invalid.'

He spoke with the tone of one who desires an inferior to be seated in his presence, and his voice was full and melodious.

Fairford, somewhat surprised to find himself

of the Free School Society of New York;
with an Appendix. New York, 1824.
8vo. pp. 68.

THIS is one of the most useful institutions
in our country. Experience has set her
seal to this testimony; and it is corrobo-
rated by an interesting circumstance stated
in this, the Nineteenth Annual Report, that
"more than twenty thousand poor children
have been registered on the books of the
schools, but one of whom has been traced
to a criminal court." When we consider
that it is the children of the poor and indi-
gent only who are admitted into these
schools, and thus rescued from ignorance
and vice, we shall be prepared to appre-
ciate the importance of this fact, as evi-
dence of the intellectual and moral culture
which these schools afford.

It appears by the present Report, that
there are ten schools now under the care
of the Society, four of which are taught by
females and composed of girls only; four
others are of boys exclusively, and two are
composed of both sexes. The whole num-
ber of scholars at the present time is four
thousand three hundred and eighty-four.
All these are taught on the Lancastrian
or mutual instruction system, which was
first introduced into our country by this So-

Aware of this state of things, the Corporation of that city united with the Trustees of the Free School, in an application to the Legislature for a remedy. They were joined by a large number of their fellow citizens, and by some of the Religious Societies themselves. An act has passed the House of Assembly for this purpose, and we cannot doubt of its ultimate success in the other branches, as it was reported to the Senate without amendment, but they had not time at their last session to consider it. We can look with indifference on the competition between the proprietors of steam-boats and stages. If they ruin their own fortunes, the community will suffer no serious loss. But a rivalry which shall tend to impede the efforts and diminish the resources of an institution like this, is a public injury, which every friend to the moral and intellectual advancement of his species cannot but deplore.

We certainly approve of the system of mutual instruction, if applied to its proper objects and kept within due bounds; but we are not so sanguine as to believe that it will make many profound scholars, or do much to elevate our rank in science and literature among the nations. But if it does little to increase the intensity of light which surrounds us, it will do much by diffusing that light, and extending it into the remoter corners and by-places of comparative obscurity, until all the dark and shadowy recesses in the social structure are gladdened by its peaceful radiance. The benefits of a thorough spread of useful knowledge to a community like ours, and to a government whose very existence must depend upon the virtue aud intelligence of the people, are incalculable.

We learn from another source, that measures are in operation for establishing a school in that city, to teach the higher branches of education on the plan of mutual instruction, and that a building is now erecting for that purpose. We have supposed that this system was adapted to the simpler elements of education only; and that it could not be applied to the higher branches with advantage. The account of the High School of Edinburgh, given by Professor Griscom in his "Year in Europe," has somewhat altered our opinion in this respect. But we still think the common mode of teaching the Classics and the higher branches of Mathematics, is to be preferred wherever it is practicable. As, however, the establishment of such a school will be likely to extend the knowledge of some of the higher branches of education to those who, for want of means or opportunity, would otherwise remain destitute, it has our most cordial wishes for its prosperity.

The Newspapers inform us of the arrival of Mr Lancaster at Carraccas, whither be has gone for the purpose of establishing his system in the new republics of South America. That country offers a wide field for his exertions, if the policy of their religion will suffer him to labour in it. He is not the man whom we should think best calculated to recommend this system to the attention of strangers; but he possesses two important requisites-great zeal in the cause, and thorough acquaintance with his subject; and, for the sake of the excellent cause in which he labours, we hope he will meet with no insurmountable obstacle to its advancement.

There have been five editions of Dr Carey's Bengallee New Testament.

motion of Christianity in India. To ren-, which is in the Oordoo or court dialect, into a
der the information definite, a number of greater conformity with the popular dialect called
questions are propounded respecting the the Hinduwee. These, as far as my information
extends, are the only persons who have engaged
real success attending the exertions now with effect in the work of translating the Scriptures
making for the conversion of the natives into any of the languages spoken or read in the
of In iia; the standing, number, and char- Bengal Presidency; and such, to the best of my
acter of the converts; the comparative knowledge, is the amount of their labours.
success which has attended the labours of
Missionaries of the various denominations;
the numbers and standing of Unitarian
Christians, and the treatment they receive
from others; the causes which have pre-
vented, and still prevent the reception of
Christianity. He also inquires whether
there are any reasons for supposing that
the obstacles, which have hitherto opposed
its progress, would be removed by present-
ing it under the form of Unitarianism, and
in what way efforts for this end should be
made; whether any benefits have resulted
from translating the Bible into the languag-
es of the East; what is the character of the
translations which have been made; what
parts of India or of the East afford the best
prospects for propagating the gospel.

The plan followed in translating, is the following. Dr Carey produces a version in Bengallee, and employs a Pundit to translate from this into some other language; a second Pundit uses the version of the first, to translate into a third language. This, however, is the case only when the several Pundits do not all understand Bengallee. There can be no doubt that the text is somewhat corrupted by these successive translations; yet it is to be remarked, that where the translation was superintended by Dr Carey, he compared every version with the Bengallee, and doubtless with the original. The Pundits employed in this work, are supposed to be, in most cases, really learned men, but there have been some exceptions.

These are the principal questions propounded by Dr Ware. Mr Adam has replied to them at considerable length, and The publication of Christian tracts is the given, what we believe to be, in general, means next in importance. The total of a just account of the state of Christianity tracts printed, in different languages, by in Hindoostan. Our belief of the general the Congregational Missionaries during the correctness of his statements is strength-five years since the formation of their Soened by their agreement with other opin-ciety, was one hundred and seventeen thou ions and testimony of great weight. It is sand. The number issued by other Socie to be noticed that Mr Adam published Dr Ware's questions, and the substance of his own reply, in Calcutta, where one would think he could hardly be induced by any motives, to hazard misrepresentations on a subject so interesting to his theological opponents. We have made these remarks, because we supposed most of our readers, like ourselves, unacquainted with Mr Adam. We shall now proceed to give an abstract of the information, which he furnishes in his communication dated December, 1823.

ties is not given. Mr Adam has a very unfavourable opinion of the character of these tracts. This was to be expected from his difference of religious opinion; but from the facts he has stated with respect to some of them, we cannot but think his judgment correct.

The preaching of the Gospel in the native Indian languages has been much relied on by the various sects of Missionaries, and still continues to employ considerable numbers. Many of these are quite incompetent to the task, and they are supposed Of the exertions now making for the to have generally committed a great error, conversion of the natives, the most impor-in preaching principally to the poor and tant is the translation of the Scriptures. illiterate. We have not room to say much The principal of the translators is Dr Ca- of them, but shall presently state the derey, Professor of the College of Fort Wil-gree of success which has attended their liam, who, with the aid of learned natives, labours. called Pundits, had, several years ago, produced versions in six or seven different languages, and he may have added others since.

Next to Dr Carey, in the list of translators, are the Rev. Henry Martyn, a chaplain of the East India Company, who translated the New Testament into Hindoosthanee and Persian; the Rev. John Correspondence relative to the Prospects of long and diligently at translations of the New TesChamberlain, a Baptist Missionary, who laboured Christianity, and the Means of Promot-tament into Hinduwee and Bruj, but experienced ing its Reception in India. Cambridge, considerable difficulty in getting them through the 1824. 8vo. pp. 138. press; Mr Ellerton, an indigo-planter, who translated the New Testament into Bengallee, professTHE pamphlet commences with a letteredly improving upon Dr Carey's version into the dated Harvard College, April, 1823, ad- same language; Archdeacon Corrie and the Rev. dressed by the Rev. Dr Ware to the Rev. Mr Thomason, who have engaged to furnish the W. Adam, a Unitarian minister in Calcutta. Calcutta Bible Society with a translation of the It was written for himself and other Unita- Old Testament into Hindoosthanee, corresponding rians with whom he is associated, for the to Mr Martyn's translation of the New; and Mr Bowley, a country-born Church Missionary, who purpose of obtaining information whether has been for some time past engaged in modifying any thing can be done by them for the pro- Mr Martyn's Hindoosthanee New Testament,

Of Christian Societies composed entirely of Europeans, there are none except a few in the army. There are five Societies in different places, composed "partly of Europeans, and partly of country-borns, Portuguese, and Armenians; and fifteen, composed principally, or wholly, of native tians in each of these churches is supposed members." The number of native Chrisnot to exceed twenty.

The education of the natives is promoted on a small scale, by Boarding schools, and by superintending, at fixed salaries, native schools established by government, and others supported by public contributions. Something has also been done by way of translating elementary works into the native languages, and by the publication of periodical works. A College has also been established at Calcutta, and one at Seram