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buffalo; of which it is laid down no larceny can be committed, as not being the subject of property. 4 Black. 2355 referring for authorities to 1 Hal. P. C. 511. Fost. 366. 1 Hawk. P. C. 94. Here counsellor Patch read the authorities.

Counsellor Catch in reply: But by the same authorities, it is laid down, that animals fere nature, or wild, when reclaimed, or confined, and may serve for food, may be the subject of property, as deer inclosed in a park, fish in a trunk, or pheasants or partridges in a mew,

But is it conceded, that this animal can serve for food? rejoined counsellor Patch.

The question to be considered in the first place, interrupted the chief justice, is whether this creature is of the brutal or the human kind. Speak to that point. Counsellor Scratch, as amicus curia, observed, that this being a question of fact, was most properly determinable by a jury.

Counsellor Patch thought not, as the trial by inspection in the case of infancy, which was within the province of the court, was analogous to this The court were of opinion with counsellor Scratch, and proposed to the counsel for the thing in custody, to bring in a writ de bemine replegiands, or replevin, for the body of a man, as the proper writ to bring the case before a jury; or that an issue might be made upon the return to the habeas corpus, by consent; and in that shape let it be tied It was agreed; property pleaded the issue made up, and the jury about to be empannelled.

Counsellor Patch under the principle of an alien having a right to a jury de meditate linguæ, demanded, that the jury

should consist of one half beasts.

Curia advisori vult, and in the mean time desired the counsel to search for precedents. No instance was found of the jury de meditate linguæ, being carried so far as this, and the motion was overruled.

The jury being now sworn, the coun sel for the keepers offered the two members of the philosophical society, who bad examined him, to establish his brutality; this evidence was offered on the principle, that it was peculiarly within the province of their studies to ascertain a point of this nature and were therefore the proper witnesses; as in a case within the custom of merchants, individuals of this occupation are usually called. Ac

cording to the maxim of the civil law, Unicuique, in arte sua, perito credendum est.

Exception to this evidence, that they were interested, having had an eye to the purchase of this thing, and actually in negociation for it.

The objection was overruled, as going to the credibility, not the competency.

The witnesses were clear, that this thing was not of the human race, though as to what class of brute animals it was to be referred, they were not yet prepared to decide.

To the weight of this evidence counsellor Catch opposed the evidence of nature herself; the thing had a human voice and speech, that of a west country Irishman; no instance of which was to be found in any natural historian that had ever written. He would call upon the gentlemen to produce any authority to that effect.

Counsellor Patch was not prepared with an authority to prove, that beasts had been found that could speak Irish; but that it was no uncommon thing in early ages, and in many countries, for beasts to speak some language, such as Latin, Greck; for which he might refer the gentlenfen to Æsopi Fabulæ, or those of Phedrus; nor was he without an zuthority at hand, to prove that even in more modern times, there were many beasts who could speak English; this authority was that well known book, The History of Reynard the Fox; which he now produced, and from which he read passages.

The court thought the authority in point, and the evidence not to be got over, and directed the jury to find accordingly; which they did, in favour of the keepers, and the Habeas Corpus was dismissed, and the thing was remanded to custody.

The members after this, struck a bargain the more easily with the keeper:; as they had been a good deal alarmed at the risk they had run of having this property taken from them. The Society after having retained the curiosity a year or so, and ascertained its structure and properties, proposed sending it to some of the foreign societics, who had expressed a wish to have an ocular examination of it also. The preference was given to the societies of France; and it was ac cordingly shipped in a brig of Blair M Clenachen, that was bound to Nantz. At this place on coming ashore, the cage, by rolling and tumbling in it, hav

ing worn off the tar and feathers from his back-side, he was mistaken for a sans culotte; and the mob rising broke the inclosure, and let him out. I have not heard whether he joined the army of the patriots, or is on his way home again to this country.

After this fortunate escape, he is again presented as a mountebank, as a judge, and finally as a constable in a new settlement, where he and the Captain settle down to pass their days.

The Captain, as was observed be. fore, acts a secondary part in most of these adventures; interposing, with the gravity and respectability of his character, to restrain popular rage, and inculcate moral sentiment. His character is made the vehicle of much miscellaneous discussion and remarks on various topicks of politicks, morals and general science, beside those that are given in separate chapters of observations. The

Scotch servant is the only other char acter, which is drawn with any pecu liarity, and is not merely introduced to support a part in the dialogne. His distinctions are a broad Scotch dialect, and raving Presbyterianism, with a proper mixture of prejudices in favour of his own country.

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a profanation o' the name o' Ferguson, as to sleep wi' an excise officer. I am na o' a great family, but am come o' a guid family; and it shall never be said, I came to America to disgrace my lincage by sik a contact as that. Gae to bed wi' an excise officer! I wad sooner gae to bed out o' doors; or i' the stable amang the horses.

The revenue officer was affronted at this; and gave way to his indignation.→→ The devil burn me, said he, it I will be after slaping wid you, you son of a whore, you teef luking vagabon; wid de itch upon your back; I am sure all your country has de itch; and keep scratching and scratching, as if de were ing; you son o'd a whore. in hell, and could get brimstone for noth

The youke! said Duncan.. Do you impeach me wi' the youke?

You impatche yourself, said the reve nue officer. Did not I see you scratching. as you came along de road; and do you tink, you teef, dat I wish to get de leprocy, or de scurvy, and have to sleep in a bag of brimstone two or three weeks, before I be fit to travel wid his honor de Captain again?..

The deel, damn me, said Duncan, if I can bear that.

What, swear Duncan ? said the Captain, or curse rather; you that are a Covenante, and have religious books in your wallet, the Confession of faith and the

Catechisms?

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Duncan had by this time seized his walking staff, and put himself in an attitude to attack his adversary, who, on the other hand, instinctively, ensconced him self behind the Captain, and opposed him as a rampart to the fury of the Scot,

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The house was small, and there was but two beds for the reception of strangers; one of these so indifferent, as to appear fit only for the servant of a gendeman, who might happen to travel the -road, though large enough to contain two or three persons. What it wanted in quality of neatness, and perhaps clean-afront, and ought to excuse the revenue liness, was made up in dimensions. This hed therefore seemed naturally to invite the reception of two of the company.

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Teague, said the captain, when about o go to bed, I think Duncan and you, Being the younger men, may pig in together in that large bed, and leave the other to me, who am an older man, and am apt to tumble and toss a little from weariness in my ride; and may perhaps disturb you in your sleep.

Guid deliver me, said Duncan, frae sik

Duncan, said the Captain, you are in the wrong on this occasion, you gave the

officer for what he has said, which, by the bye, was not justifiable on any other ground but that of provocation. For national reflections are at all times reprehensible. But in order to compose this matter, and that we may have no further disturbance, I will take the large, though more humble bed myself, and sicep with the excise officer, for the reputation of the government who has thought proper to appoint him to this trust.

The deel take me if ye sall do that,

Captain, said Duncan ; I wad rather take the stain upon mysel, than let my liege be disgraced; for it wad come a' to the same thing in the end, that I had been the waiting man o' ane that had been the bed fellow o' a gauger. O! guid keep us, how that would sound in Scotland. What wad my relation Willy Ferguson, that is professor i' the high col lege o' Enburgh, say to that? But rather than your honor shou'd take the stain upon you, I sall put up wie it for a night; though if the landlady has a pickle strae, and a blanket, I wad rather lie by the fire side, than contaminate mysel, bedding wi' sik a bog-trotting loon as he is, that wad gae into sik an office for the sake o' filthy luere, and to make a living; when there are many honest means to get a support other ways.

The landlady gave it to be understood that she could furnish him with a bag of straw and a blanket.

This adjusted the difficulty, and saved the delicacy of the Scotchman, and embarrassment of the Captain, in keeping peace between the bog-trotters; as in reality they both were, though the one had obtained a commission, and the other remained a private person.

This work is next to be consider ed as a collection of essays or opinions on various subjects, and in this light it appears perhaps with more advantage than in the former. Discussions of this kind occupy nearly half of the two volumes. The moral of the work, in this point of view, the author states to be a wish to regulate the inordinate spirit of ambition, which he considers the vice of a republick, and to encourage a love for retirement and the shades of private life. We are willing to transcribe his statement of this moral, as it is perhaps the best written. sentence in the book,

I shall have accomplished something by this book if it shall keep some honest man from lessening his respectability by pushing himself into publick trusts, for which he is not qualified, or when pushed forward into a publick station if it shall contribute to keep him honest by

teaching him the folly of ambition, and
further advancement, when in fact the
shade is more to be coveted, and the
mind on reflection will be better satisfied
with itself for having chosen it."
[To be continued]

ART. 31.

Devotional Exercises for the use of
young persons; containing reflections
and a prayer for each morning and
evening in the week. By Charles
Wellbeloved. First American from
Bos-
the third English edition.
ton. Andrews & Cummings.
1808. 12mo. pp. 105.

We beg the pardon of our pious readers for having so long delayed to notice this little work. It is the most interesting manual of devotion for the young, which we remember to have read. Its merit is shown by its having gone through four editions in England in two years, which is remarkable for a book of prayers. Our young men would do well to make it their daily companion. Make the experiment for three months, and "if praying does not make you leave off sinning, sinning will make you leave off praying."

ART. 32.

An Oration, describing the influence of Commerce on the Prosperity, Character and Genius of Nations. Written at the request of the society of B K, and delivered on their anniversary at Cambridge, Sept. 1, 1808. By James Richardson. Boston. Russell and Cutler. 1808. pp. 20.

HOWEVER appropriate this subject may be to the present state of

the world, we had fears, that the common topicks of party violence might be involved in the discussion. The food of a literary society on their anniversary should not be ren. dered disgustful by the vulgar seasoning of our common meals. But the good sense of Mr. Richardson has prevented him from admitting into his Essay any political offensive

ness.

The style is that of a man accustomed to think, but perhaps more used to the laxity of conversation than the precision of writing. Of commerce, Mr. Richardson says, "Her conquests are as extensive as civilized society, and her successes brilliant as the light of truth. Her victories are over ferocious passions, savage manners, deep-rooted prejudices, blind superstition and delusive theories. She conquers the obstinacy of soil and situation, endures the rigours of climates, braves the fury of the elements, and triumphs over the inveteracy of nature.".

From another part we extract a beautiful sentence, and shall correct a trifling mistake: "Our present prospects awaken feelings too powerful for expression, and lead imagi nation to paint our future destiny, in colours too frightful to contemplate. Should this disastrous policy prevail, even our children may view the scattered fragments of yon der edifices, the monuments of the piety and liberality of our ancestors, and the boast of the present age, with as little knowledge of their uses or sensibility for their fate, as the wretched inhabitants of Romelia contemplate the mouldering ruins of the Areopagus, or the prostrate columns of the Parthenon." The province of Romelia does not include Athens.

We find no improprieties of die tion to censore, and are induced from

this circumstance to hope, that pure English will triumph over local vul garisms, in spite of the exertions of the lovers of innovation.

ART. 33.

The Signs of Perilous Times, a sermon,

delivered at the Publick Fast, in West Springfield, April 7, 1808. By Joseph Lathrop, D. D. Pas tor of the first Church in WestSpring field. Springfield, printed by Henry Brewer.

In a short note, prefixed to his discourse, our venerable author ace knowledges,that he has made free use of Faber's Dissertation on the Prophecies, which relate to the great period of 1260 years, and speaks of "an elaborate and luminous it as

work."

The text, upon which this sermon is founded, is from 2 Timothy, iii. 1. This know also, that in the last days When perilous times shall come. we cast our eyes upon this text, we were inspired with the hope of finding an original dissertation upon a prophecy, of which little notice has hitherto been taken, and of which the application is so very uncertain Should any one say, that, by the terms of it, the prediction, at the time of its delivery, referred to a far distant period of futurity, and near the expiration of the 1260 days spoken of by Daniel; it may be replied, that the original words, which, in our common translation, are rendered last days, may signify any future days, or time, without marking whether these days were far off or at hand." We were there. fore not only disappointed at finding nothing new, but were sorry to find prophecy so loosely handled by one who stands so high in publick

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"If we cast our eyes upon Europe," continues the author, see perilous times are there." As both England and France wish to attach us to their interests, we are also in danger of being involved in the calamities of war. Since appear ances threaten this dreadful event, our's may with truth be called per ilous times; and the more so, be cause there appears great disunion, as well among our rulers as among the people.

"Another circumstance, which portends perilous times, is our past abuse of the goodness of providence." After deploring our fatal degeneracy, and the sad effects of unexampled prosperity upon publick morals, Dr. Lathrop concludes with exhorting his readers to the exercise of primitive piety, and the practice of primitive virtue. He

earnestly prays, that religion may be exemplified in private families, that its influence may be felt throughout society, correcting licentiousness in politicks, as well as in manners,

Review

ART. 34.

of Hints on Evangelical Preaching. pp. 8.

IT has long been the object of a certain class of preachers in England and in this country, to appro priate to themselves the title of Evangelical. They will probably succeed; because it is well known, that, in order to avoid circumlocu, tions, the world must agree to call a sect by the name which they choose, to assume. When, however, the meaning of this term is examined, it is found, like many other popular denominations, inaccurate; for of the whole New Testament the gospels, are the parts of which these gentlemen make the least use, and surely they are the most remote from their manner of preaching, He, who should merely give the his. tory, or repeat the discourses of Jesus Christ, as recorded by the evangelists, would have a better claim to the title of an evangelical preacher, than all the retailers of the dogmas which are sometimes exclusively hon oured with this appellation.

The increase of these preachers in the church of England seems to be awakening, at last, the concern of sober and rational men, lest doctrines so hostile to the spirit of that church, and of so equivocal influence on morals, should take possession of the minds of common people, and, at last, of all the pulpits and benefices in the kingdom. Either this, or a schism of alarming magnitude must be the inevitable termination of the progress of what

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