with the object of the Potomac's voyage, and with the way of showing off à peindre the little weak points in outrage perpetrated by the Malays on the ship Friend- our national manners. The Gift, an Annual, edited by ship in 1831, which rendered it an indispensable duty | Miss L. and published by Carey and Lea, will make on the part of our government to demand an indem- its appearance in October. It will be splendidly emnity. The result of this demand, and the action at bellished, and in literary matter, cannot fail of equalling Quallah-Battoo are graphically sketched by Mr. Rey-any similar publication. Among the contributors will nolds. Every body will be pleased, too, with his de-be found Washington Irving, Paulding, Miss Sedgescription of Canton and of Lima. He writes well, al-wick, and a host of stellæ minores. It will also have though somewhat too enthusiastically, and his book the aid of Fanny Kemble's fine countenance, and very will gain him reputation as a man of science and accu-spirited pen. rate observation. It will form a valuable addition to our geographical libraries. The American Quarterly Review for June has articles on National Music-Poetry of the Troubadours-Judge Story's Conflict of Laws-Immunity of Religion-Sigourney's Sketches-Memoir of Tristram BurgesShirreff's Tour through North America-Fenimore Cooper-French Question-and Pitkin's Statistics. It includes also some Miscellaneous Notices. This is, upon the whole, one of the best numbers of the Quarterly which has been issued for some time. Most of the papers, however, are still liable to the old charge of superficiality. The Poetry of the Troubadours is prettily written, and evinces a noble feeling for the loveliness of The History of Ireland, by Thomas Moore, vol. 1, in which the records of that country are brought down from the year B. C. 1000, to A. D. 684, has been republished by Carey, Lea & Blanchard. We intend a very high compliment to the bard of Paradise and the Peri, in saying that we think his prose very little inferior to his poetry. We have not forgotten Captain Rock and Fitzgerald. The Epicurean (a very anomalous Epicurean by the bye) is a model of fine writing. The Life of Byron, in spite of a thousand errors, both of the head and of the heart, and in spite too of its perpetually ex-song. But it is feeble, inasmuch as it exhibits nothing citing our risibility at the expense of the little cockney biographer himself, is a book to be proud of after all, and should not be mentioned in comparison with a certain absurd tissue of maudlin metaphysics, attributed (we hope falsely) to Mr. Galt. And now, lastly, we have before us a specimen of Moore's versatile abilities, in as temperate, as profound, as well arranged, and in every respect as well written a history as Green Erin can either desire or deserve. Very truly, Anacreon Moore is, in our opinion, no ordinary man. of novelty, none of those lucid and original views, in default of the power to produce which, a writer should forbear to enter upon a subject so hackneyed. We depend upon our reviews for much of our literary reputation abroad, and we have a right therefore, as in a matter touching our national pride, to expect something of energy at their hands. They should build up a reputation of their own, and admit papers on no themes which can be found better treated elsewhere. In the article on National Music, among much sensible, and some very profound writing, there are occasional sallies which will not fail to startle many an European literaBlackbeard, or a Page from the Colonial History of teur, and some broad assertions which are very plausiPhiladelphia. Harper & Brothers, New York. This ble and very unsusceptible of proof. For example. "It book differs in many striking points from the ordinary may be observed" says the reviewer-"that, accusnovels of the day. The scene is laid in Philadelphia, tomed as we are to separate poetry and music, we must and the author is largely indebted for many pictures of never forget that they were inseparable among the manners, things, and opinions in the olden days of the Greeks." This we know is a very general opinioncity of Brotherly Love to the " Annals of Philadelphia." but, like some other passages in the review, should be We think these volumes will be read with interest in swallowed cum grano salis. The Immunity of Religion England, but as a mere novel they have very few claims contains some animadversions on a sermon preached at to attention. The style is clumsy and embarrassed. Charleston in 1833, by the Rev. J. Adams, D. D. PresiThe character of Oxenstiern is a piece of pure folly and dent of Charleston College. This whole paper is, in exaggeration; while the atrocities of Blackbeard, which our opinion, a series of truisms from beginning to end, are intended to produce a great effect upon the mind of and the writer, in gravely deprecating the union of the reader, utterly fail of this end from a want of the church and state, and the employment of force in matars celare artem in the writer. The book may be cha-ters of religion, forgets that he is insisting upon arguracterized in a few words as odd, vulgar, ill-written, and interesting. ments which not one enlightened person in a million, at the present day, will take the trouble of gainsaying. The review of Mrs. Sigourney's Sketches we really do Pencil Sketches or Outlines of Character and Manners. not like. The harmony-the energy-the fire-the eleSecond Series. By Miss Leslie. Philadelphia, Carey, Lea, vated tone of moral feeling-the keen sense of the deli& Blanchard. This volume contains the Wilson-cate, the beautiful, and the magnificent, which have House-the Album-the Reading Parties-the Set of obtained for this lady the name of the American HeChina-Laura Lovel-John W. Robinson, and the mans, have not found an echo-so it seems to us—in Ladies Ball. All these stories have been published the unpoctical heart of her reviewer. But, because this before in different periodicals, and have been exten-is most evidently the case, are we to think of blaming sively copied and admired. Miss Leslie's writings have Mrs. Sigourney? obtained her much reputation, both at home and abroad, and we think very deservedly. She is a lively and piquante sayer of droll and satirical things; and has a The other papers are generally respectable. The most interesting, in our opinion, is that on Shirreff's Tour in North America. | The first acquaintance of Kosciuszko and Lafayette, (two men who resembled each other in many respects besides being pure and fearless and disinterested patriots and philanthropists) is thus described: Life of Kosciuszko.-The Foreign Quarterly Review for March 1833, contains a notice of the biography of Thaddeus Kosciuszko, by Charles Falkenstein, re-printed with additions and corrections during the last year at Leipzic. From the opinions expressed by the review- "He had not been long in America, when he had ers, we are led to believe that this work possesses great occasion to display his undaunted courage, as captain merit, and that opinion is strengthened by the copious of a company of volunteers. Generals Wayne and Lafayette, notwithstanding the heat of the battle in extracts made in the review. Indeed the narrative of a which they themselves were fully engaged, observed life so filled up with romantic adventure and enthusias-with satisfaction the exertions of that company, which tic patriotism as that of Kosciuszko, could scarcely fail to advanced beyond all the rest, and made its attacks in excite great interest. The history of his life has a pecuthe best order. liar charm to Americans, from the association of his name and his achievements with the annals of our revolution. The recent struggle of the Poles for emancipation from the yoke of their barbarian master—its unfortunate termination-and the wretched enslavement of that generous people, which France and England tamely suffered to be sealed by the blood of her patriots, give to every portion of Polish history which relates to her many contests for freedom, a romantic interest. It is well said by the reviewer whose notice has made us acquainted with Falkenstein's work, that "There is in the Polish character a something of barbaric splendor and rudeness, of the very spirit of Orientalism, mingled with European education and refinement, an ardor of patriotic valor, alloyed by versatility, both no doubt heightened, if not produced, by the strange exciting, or rather distracting constitution of the old and truly republican monarchy of Poland,-combined with such a gay, light, mirthful gallantry-whence the Poles were once termed the French of the north-that all, blending together, give the nation a peculiar hold upon the imagination. * * his comrades, on the evening of that memorable day “Who led the first company?' asked Lafayette of (the 30th of September). "The answer was 'It is a young Pole, of noble birth, but very poor; his name, if I am not mistaken, is Kosciuszko.' The sound of this unusual name, which he could hardly pronounce, filled the French hero with so eager ordered his horse to be immediately saddled, and rode a desire for the brave stranger's acquaintance, that he to the village, about a couple of miles off, where the volunteers were quartered for the night. "Who shall describe the pleasure of the one, or the surprise of the other, when the general, entering the tent, [would it not rather be a room or hut?] in a village, saw the captain, still covered from head to foot with blood, dust, and sweat, seated at a table, his head resting upon his hand, a map of the country spread out be fore him, and pen and ink by his side. A cordial grasp of the hand imparted to the modest hero his commandsual an hour." er's satisfaction, and the object of a visit paid at so unu has not reached us, but from the extracts which we have seen in the northern journals, we are induced to believe that it possesses much merit, and presents the operations of our government in a novel and striking point of view. Tocqueville's American Democracy.--M. Alexis de Tocqueville, one of the commissioners sent to this country by the French government, to investigate the *penitentiary system of the United States, and whose In fact what we have said of the Polish nation applies report on that subject met with much attention, has rewith peculiar force to the nation's champion, Kosci-cently published an elaborate work under the title “De uszko. His whole life is a romance, and as such, is really la Democratie en Amerique," 2 vols. 8vo. The work quite refreshing in these matter of fact days of steam engines, rail roads and compendious compilations of cheap literature." We presume this book has never been translated; certainly we have never heard of it in an English form, and we were much interested in the summary of its contents given by the reviewer. Kosciuszko, was it appears, like many other great men, crossed in his first love. He attempted an elopement, was intercepted by the haughty parent of his lady love, when a sanguinary conflict ensued. Kosciuszko was wounded, and the lady dragged back to her paternal home. It was this unfortunate affair which caused his resignation of his commission in the Polish army, and induced him to cross the Atlantic and offer his services to our forefathers. We are told that he reached the new world utterly unprovided with letters of recommendation or introduction, and nearly penniless. His biographer thus described his first interview with Washing ton: "What do you seek here?" inquired the General with his accustomed brevity.-'I come to fight as a volunteer for American independence,' was the equally brief and fearless reply. What can you do?' was Washington's next question; to which Kosciuszko, with his characteristic simplicity, only rejoined, Try me.' This was done. Occasions soon offered, in which his talents, science, and valor, were evinced, and above all his great character was duly appreciated. He was speedily made an officer, and further distinguished him self. German work on America.--The first number of a work to be entitled "The United States of North America in their historical, topographical, and social relations," by G. H. Eberhard, is announced as forthcoming at Hildburghausen. The publishers declare their intention in this work, to "present a digested epitome of all that is worth knowing respecting the United States, combining the utmost completeness with accuracy and impartiality." The qualifications of Mr. Eberhard for the task he has assumed, are said to be ample. Errata. In the Dissertation on the Characteristic Differences be tween the Sexes, &c. in the last number of the Messenger, the following errata occur: Page 493, second column, 22 lines from top, read "wide" for rude." Page 494, first column, 19 lines from bottom, erase semi-colon after "sway," and put a period after "characters." Same page, second column, near bottom, read "hips" for lips." Page 500, in foot note, near top, comma instead of a period after "charms." Page 502, at top of first column, "distinguishing" for "distinguished." Page 507, second column, near bottom, period after "soul," erasing the comma after heaven." Page 509, quotation ends at "monarchy," and not at "wife" on the next page. Page 511, first column, near bottom, "if ye wad" [Scotch] instead of "would." Professor Beverley Tucker's Valedictory Address to his Class. The following correspondence and address have been sent us for publication, by the members of Professor Tucker's class at William and Mary College. We give place to them with pleasure, and commend the admonitions of the amiable and learned professor to all young gentlemen about to enter upon the practice of the law. The friendly and paternal spirit of his advice, gives an uncommon interest to this production, and shows that his have indeed been "labors of love." WILLIAMSBURG, 5th July, 1835. Much Esteemed Friend: [No. 11. FIVE DOLLARS PER ANNUM. ly tell me a tale more acceptable. To acquit myself faithfully and satisfactorily of the duties of a new and untried station, was the engrossing wish of my heart during the whole course. When I remember the manner in which my class went through their examination, and reflect on the pleasures of our intercourse, the marks of confidence which I continually received, and the affectionate feelings with which we part, I am sure I have not altogether failed. But I should be unjust to you, if I did not say that I am sensible how much your assiduity has done to supply the defects of my instructions. and country. May each of you be a gem added B. TUCKER. I am requested, in the name of your class, to solicit you either to have your Valedictory AdMay God bless and prosper you all, (for I speak dress published, or deliver it to us for that pur-norable to yourselves and me, but to your friends to all,) and make your success in life not only hopose. I sincerely hope for your compliance; and although our exercises for the present session have ended—although we no longer stand in the relation of students and professor-and notwithstanding we are about to part (some of us) perhaps forever, we must hope that the tie which has bound us together for the last eight months, instead of weakening, will continue to "grow with our growth and strengthen with our strength," and that the day is far distant when that union shall break. Go where we may, a fond recollection of your past services will be long cherished by us. know the interest you have felt, and still feel in Neither duty nor inclination will permit me to our welfare, and I hope your exertions to promote take leave of you, young gentlemen, without offerthe interest of those who have been placed under ing a few remarks, of general application to the your care, are duly appreciated. You have done subject of our late studies. your duty, and all that has been wanting must be charged to us. You have given us a chart by which to steer our political ship, and should we succeed in stemming the current of opposition, may you live to enjoy our triumph. Permit me now, in conclusion, to tender you our united sen timents of the highest esteem and respect. We WM. T. FRENCH. WILLIAMSBURG, July 5, 1835. BIBLIO | ADDRESS. We part, perhaps to meet no more. Some of you go into the active business of life, some to pursue your researches under other guidance. To both alike, my experience may enable me to suggest thoughts, and to offer advice, which may be found of some practical value. Whether your immediate destination is to the bar or the closet, you will alike find the necessity of continuing your studies. To give them such a direction as may be profitable and honorable to you, is my sole remaining duty. My Dear French :— I have great pleasure in complying with the There are many branches of the law which you request of my young friends, so far as to hand the will still find time to investigate at leisure. Many lecture to the printer. I am not aware of any years will probably elapse, before you will be merit in it, such as your partiality sees, to justify called to take the sole management of any case me in permitting you to incur the expense of pub involving valuable rights or intricate questions. lication. But in that partiality and its source, The land law, and the perplexing minutiæ of I have more pleasure and more pride than I could chancery jurisdiction, will be of this description. have in any composition. Self-love will not per- When engaged in such cases, you will commonly mit me to believe that I possess the friendship of find yourself associated with older and abler counthose who have been placed under my care with-sel, from whom you will then obtain, at a glance, out having deserved it. Self-love is "much a more insight into these difficult subjects than I liar," but is always believed; and she could hard-have been able to afford. Under such guidance, VOL. I.-76 you will have opportunities to investigate the law, | under other circumstances would be denounced with an eye to its application to your case. You as ungentlemanly. And they would be so, bewill then see the practical value of the principles cause they would be in violation of the covenanted with which you have been made acquainted, and rules of the profession. But between him and his may execute your first tasks in that line, as suc-adversary there is no such covenant. A state of cessfully as if you were already imbued with every thing but that knowledge which nothing but study and practice combined can afford. But though, in regard to matters of this sort, a general acquaintance with the grand principles of the law is as much as you can be expected to carry to the bar, there are other duties which you must assume, in a complete state of preparation. Let me particularize a few of these. war abrogates all treaties. It follows that all the maxims of courtesy which forbid any advantage to be taken of slips in pleading, do not restrain him; and he is free to hold the other up to all the strictness of the law. It is expected he should do so. If he does not, it is concluded that he does not know how. But if he has once carefully studied the science and made himself acquainted with its principles, he stands on strong ground, and sooner or later his triumph is sure. The older and more hackneyed his adversary, the greater his advantage; for it is true in law, as in morals, that evil practice vitiates the understanding. The habit of loose pleading unsettles the knowledge of the rules and principles of pleading, and many nice technicalities are totally forgotten. There is not, for example, one old county-court lawyer in a hundred, who remembers that $100 means nothing in pleading, and that a declaration in which the sum should be no otherwise express You will find it then of the utmost importance, to be thoroughly acquainted with the science of pleading. I have not concealed from you that the loose practice of our courts dispenses habitually with many of its rules, and has done much to confuse them all. But they still retain all their truth, all their reasonableness, and much of their authority. The courtesy of the bar will indeed save you from the consequences of any mistake you may make in the outset. But though this may screen your errors from the public eye, they will not escape the animadversion of your breed, would be so bad as to make it doubtful whether thren. They will be prevented from forming such an estimate of your acquirements, as will lead them to recommend you to their clients, in the hope of obtaining from you valuable aid. It is by such recommendations that young men most fre-mitted sub silentio, it is probable that such a dequently gain opportunities to make an advantageous display of talent, and an introduction into that sort of business which is, at once, a source of honor and profit. It sometimes happens, (though, to the credit of the profession such occurrences are rare,) that a young man, on his first appearance at the bar, encounters adversaries who do not extend to him the forbearance which youth has a right to expect. He is taken at a disadvantage. His want of experience and readiness lays him open to a more practised opponent, who ungenerously strikes a blow by which his client is injured, and he himself is brought into disrepute. To him who is really deficient in capacity or acquirement, such an attack is sometimes fatal. To him who, on a fit occasion can retaliate on his adversary, it is of decisive advantage. Mankind are generally disposed to take sides with the weak and injured party, and to visit with their indignation any ungenerous abuse of accidental advantages. A young man therefore, thus assailed, is sure to have with him the sympathy of the profession and of the public. They look, for a time at least, with interest to his course. They are impatient to see him redress himself; and, until he has done so, all the rules of comity and forbearance which generally regulate the practice, are suspended in his favor. He is free to take advantages of his ungenerous assailant, which, even the sovereign panacea of our late Statute of Jeofails would cure it. But though this be doubtful, there is no doubt that, on demurrer, it would be fatal. A demurrer then, being filed and sub fect would escape even the eye of the court. In that case a reversal of the judgment would be sure, and a triumph would be gained that would gratify the profession, and command the admiration of the multitude. A thousand cases of the same sort might be suggested, where an old practitioner, though on his guard, (as he must be against one whom he has provoked to retaliation,) would, from a mere defect of memory, or the established influence of vicious practice, fall into blunders which would place him at the mercy of an adversary who has his learning more fresh about him. How many, for example, will remember where to stop the defence, in drawing a plea in abatement, or to the jurisdiction of the court? How many ever think of the necessity of entitling their pleadings? How many know how to take advantage of this defect, even when it occurs to them? But though you should escape the attack of any illiberal practitioner, yet cases will occur, in which the nature of the controversy will require great accuracy in drawing out the pleadings to a precise and well defined issue. In such cases, no disposition to mutual or self-indulgence in the bar, can prevent the necessity of pleading correctly. In such cases, opportunities will be offered you of reciprocating the kindness of your seniors, by lending them the aid of your pen, and assisting them to recall forgotten technicalities. The value of on the subject of pleading. I mean that of evisuch aids will raise you in their esteem, establish | dence. On this, of necessity, we have touched you in their regard, and ensure you their good but lightly. It would be properly, one of the offices. Out of such circumstances grow alli-principal subjects of a second course. To stop ances which are strength and honor to both par- short between a cursory notice of it and a thorough ties. A well read young lawyer, associated with investigation, such as we have not had time to one of less learning but more experience, saga- make, might mislead the student. He might overcious, vigilant, and versed in human nature and rate his knowledge if he found himself as well the established though irregular routine of busi-acquainted with that as with other branches of the ness, is like the lame man mounted on the shoul-law; and supposing he had enough, might venture ders of the blind. Their powers are not merely to the bar without acquiring more. But this is a united; they are reciprocally multiplied; they fall together habitually. Their joint success commands confidence and practice, and finally the fruit of all their triumphs enures to the benefit of the survivor. But there is another point of view in which an intimate knowledge of the rules and principles of pleading is of permanent advantage, notwithstanding all the looseness which our practitioners habitually indulge. It has been well said, that "the record is the lock and key of the law." You will often find that without this interpreter, the ancient books are sealed to you. It is by this alone that you will sometimes be able to discover the point really decided. The concise notes of the old reporters taken for the use of those already familiar with the great principles and leading maxims of the science of pleading, are perfectly unintelligible to the mere sciolist. topic of which a superficial knowledge will not do, even at the beginning. It must be understood perfectly; it must be understood distinctly; it must be wrought into the very texture of the mind, and ever present there. The occasions on which this knowledge is wanted, can rarely be anticipated. They start up like fire from the ground, and he whose information is not various, exact and ready, is liable to be disconcerted, embarrassed and disgraced. They often occur in those apparently plain cases, which the partiality of friends sometimes intrusts to the sole management of an untried lawyer. To be baffled, through want of skill in such cases, is to injure those who have sought to serve you. It mortifies and discourages your friends, and what is worse, it disheartens you. know nothing of you but that, in a plain case, admitting of no meritorious defence, you had just baffled one of the first men at the bar. The consequence is, you are presently engaged in business of more consequence, and if you acquit yourself well in it, your practice is established and your fortune made. You will be often employed too, to set aside an office judgment, and plead, pro forma, in á case It often happens too, that a lawyer undertakes a admitting of no defence on the merits. In such a suit or defence which cannot be sustained, and case, where nothing is expected, your adversary, thus involves his client in unnecessary expense. however able, may be unprepared through some Such blunders would often be avoided by a ready neglect of his client. Relying on your rawness familiarity with the science of pleading. The at- and want of skill, he may venture to trial. You torney has but to ask himself," how shall I frame strike at the gap in his armor with the dexterity the declaration or plea?" and the answer shows of a veteran; he is nonsuited, and your success is him the impossibility of making good his case. the immediate source of honor and emolument. He advises accordingly; and, though the advice You find yourself gazed at, followed, and employbe at the moment unpalatable, it will be after-ed by those who never saw you before, and who wards remembered with gratitude and respect. No reproach is keener or more just, than that of a client who has been decoyed into expensive litigation by the rapacity of the disingenuous, or the blunders of the unskilful. A place among those whose advice may be relied on, is the safest and most honorable at the bar. It cannot be lost without some great error. It gives a lien on posterity. To these two subjects then, of pleading and eviThe father hands down to the son a respect for his dence, I advise you to apply so much attention as constant and faithful adviser. Friend communi- to make you feel sure that you understand them cates it to friend; neighbor to neighbor. The thoroughly. Having done this, let them be again showy qualities which are the gift of nature to revised immediately before you go to the bar, and others, are neutralized by it. The plain man, let them, in all the early stages of your practice, destitute of such endowments, becomes the patron, be the constant objects of your attention and study. the dispenser of business and benefits to him You can never understand them too well, and whose eloquence shakes the court-commands his your knowledge of the last especially, can never gratitude, secures his friendship, and, on all admis-be too ready. It is by ignorance on these topics, sible occasions, makes this envied talent his own. that men lose causes they ought to gain. Such There is another subject on which an ever defeats are disgraceful and ruinous. When the ready preparation is even more indispensable than right of the case is against you, it is your misfor |