common plainness of style, into vulgarity, as some of our extracts may shew; and perhaps in this part,is more fortunate than in any other; but when he attempts to elevate his style, in correspondence with some elevation in his topick, we find him seldom so successful. There is scarce a better instance of burlesque in the whole book, than the description of the adventure of the unfortunate la, dy," that hanged herself one morn. ing in her garters," which was doubtless intended for a very serious and affecting narrative. [Vid. Vol. p. 157.]

As a specimen, however, of what his powers are capable of producing, we extract the following introduction to a fourth of July Oration; which was read to the Captain by an orator of that day, on an accidental encounter. It is among the few passages, where an attempt is made at elegance, and we think it is here not altogether unsuccessful.

Compatriots! I wish to say those things, that never have been said, and that never will be said again. Because, in this case, there will be the characteristics of novelty and singularity; the two great constituents of pleasure, in all in. tellectual entertainments. But what can I say new? Has not the whole world resounded with the justness of the cause in which we have been engaged; with the greatness of the attempt to withstand the power of Britain? "And have not we ourselves felt, seen, and known the great variety and changes of good or bad fortune? What will it contribute to our immediate enjoyment to go over sucia scenes, unless the particular achievements of each officer can be enumerated, which decency forbids, and which indeed, cannot be done in the limits of one harangue. Leaving, therefore, ourselves, and these scenes, wholly out of the question, let us speak a little of those whom we left behind. But why need we speak; for all time will speak of them. The bards that shall live, will draw hence their choices allusions. Consider them,

indeed, as more happy than you, because. they ascended from among the group of instant witnesses of their achievements. their companions, who were at that time The warriors who fall in battle, are the most glorious subjects of panegyric. Hec tor and Achilles, form the most splendid part of the song of Homer, and especial ly, because their bodies were interred in the presence of the two armies. Oh what a noble object! an army mourning a brave officer, and tears drawn even from the foe, struck with the sublime of his personal prowess, and excellent knowledge of the military art. Much unlike, and far above those who lan guish with sickness on a bed in calm life, where relations standing round wish the departure of the shade, and grasp at the property which he leaves behind. But the fame of a soldier none but himself

can enjoy, there can be no heir or devisee of his property. It is his own, and it mounts with him. His blood only re mains to bless the earth, from which flowers and roses spring, and clothe the woods and groves with enchantment and delight For here the song of poesy is still eve, their voices are heard who re

awakened, and at morn, and noon, and at

hearse where the brave fell, and where they sleep. Sublime spirits! whether you inhabit the Pagan elysium or the Christian heaven, you are happy; and listen to those immortal lyres which are strung to the deeds of heroes.

Several pieces of rhyme are insert ed toward the end, but that they cannot be called poetry, the following is sufficient proof.

Come gather away to the new town, There's nothing but lilting here, And piping and singing and dancing, Throughout every day of the year.

No maid that comes here but gets married,

Before she is here half an hour;

The brown, the black, or the bair red To live single is not in her power. Come gather away, &c.

Our governour is a fine fellow,
Chief justice as blind as a bat;
The governour sometimes gets mel-
low,

And blinks himself like a cat.
No Jawyers are here but a couple,

And they smother us in their turn;
I swear by St. Patrick that this is
The best country that ever was born.
Come gather, s.

With this mixed opinion of censure and approbation, we dismiss the volumes of "Modern Chivalry."We can venture to affirm, that it will never, like its great model, the work of the immortal Cervantes, assume a commanding rank in the literature of the world; still less will it root out the seeds of ambition, of restless, aspiring ambition, from republican bosoms. Neither is it to

Not

be wished that it should, for notwithstanding the visionary ideas of its author, the same stroke that levelled the shoot of ambition, would destroy every production of generous sentiment, the springs of enterprise and the charm of life. withstanding this, it may be read without disappointment, and even with much satisfaction, by those, who would beguile a vacant hour with amusement, and he that reflects on the argumentative parts,may draw from them no small improvement. As the work is scarce, our extracts have been copious; if our readers And them amusing, they will not repine that they are abundant.

ART. 35.

Reports of Cases argued and ruled at Nisi Prius, in the Courts of King's Rench and Common Plas, from

Easter Term, 33 George 3, 1798, to Hilary Term, 39 George 3, 1799. - By Isaac Espinasse, of Gray's Inn, Esq. Barrister at Law. Quando artibus unquam honestis Nullus in urbe locus, nulla emolum

enta laborum? Juv. Sat. 3d. A new edition; with Improvements. By Thomas Day, counsellor at law, Vol. 1 and 2, 3 and 4, in 2 vols. Hartford. Printed by Hudson & Goodwin. 1808.

WHATEVER is the comparative value of these Nisi Prius Reports in the Courts of Westminster Hall, they have certainly been very useful in this country, which is proved by the explanations they afford of the practice on innumerable points, which frequently cannot be found in the solemn adjudications of the whole Court. Disputes on practice, and on principles of evidence may be severely contested here, which, having been long settled, are allowed no more to be controverted in Great Britain. If such is the importance of these Reports, their value is dou bled by the labours of Mr. Day. In the hurry of jury trials, little opportunity is afforded to the counsel lor for research among the authori ties; and to the collected wisdom of hundreds of years, as displayed in the annals of the law, or explained by the treatises of grave and learned men, the reporter has less leisure to make references, when the usefulness of his volume depends so much upon its early publication. With all his diligence, Mr. 'Espinasse has not usually referred to more than one book in the course of ten or a dozen pages; but the citations in Mr. Day's edition amount to many thousands, and he has more on a single page in some cases, than are be found in the whole four volumes

of the English reporter. We shall extract part of Mr. Day's advertisement, to show the publick what were his objects in this work, and we assure them, they are completely attained.

The improvements attempted in this edition, consist of references, notes and corrections. The references are to other re

ports of the same case; to other cases supporting or oppugning the same point; to analagous cases; and to the opinions of eminent jurists. The notes are abstracts of analagous cases; and observations upon them. The corrections are limited to such errors in the text, as

were evidently either clerical or typo graphical.

The notice taken of American cases,

the editor trusts, will add something to the value of the work In the states in which they were decided, they will, of course, be regarded as authorities. In the other states, their use to illustrate principles, and to guide in the application of them; to extend the range of juridical inquiry; to concentrate the wisdom of many, sanctioned by the test of experience; to guard against sudden impressions, and local prejudices; and, cspecially, to lead to a uniformity of de cisions in different jurisdictions, which, though separate, are yet so connected, that uniformity is essential to reciprocity and justice, will be perceived, and acknowledged by every liberal lawyer.

of

Besides the references to English authorities on the same topicks, or to analagous cases, the law books of our side of the water are found in the margin. This will open new sources of information to many our bar, who, however conversant with the ancient and modern adjudications in England, are not unfrequently so ignorant of the decisions in any other state, than their own, as never to have heard the names of some of the reporters. Mr. Day's American authorities, though perhaps all of them do not deserve that

A

name, are, 1 and 2. Washington's Re ports, Addison's do.1 Hayward's do. Taylor's do. 1, 2 and 3 Cranch's do.. Bay's do. 1, 2, 3 and 4 Dallas's do. Wallace's do. 1, 2 and 3 Caines's New-York Term Reports, 1 and 2 Johnson's Term Rorts, 1 and 2 Caines's Cases. Pennington's Reports. 1 Hening and Munford's do. 1 Peters's Adm. Decisions. Kirby's Reports. 1 and 2 Root's do. 1 Day's Cases 1 and 2 Massachu setts Term Reports. Caines's Lex. 2 Swift's Merc. Am. Chipman. System.

66

For

It is not to be expected, that the case, cited by a lawyer, will always have a favourable influence on the principle, he would support. In a note to Arden vs. Sharpe et alt. 2 Esp. 525, Mr. Day says, it is not necessary, "that the act"-of one, “in. order to be binding upon the partnership, should be done with the assent or knowledge of the others; Nor that it should be done on the partnership account. The act of one partner, in the usual course of business, in the name of the partnership, though on his private account, will bind the partnership." this latter point we are referred to Drake & alt. vs. Elwyn & alt. I Caines 184. But the difficulty in that case was chiefly the proof of partnership. To the point, after that, whether the note, signed by the stile of the firm was given on partnership transaction, Judge Kent says: "The intendment is, that it was on a partnership account, and that intendment ought to have been repelled by the defendants, if not founded in truth." This appears to us a little at variance with the principle it was cited to establish, which is, however, good law.

Another part of this same note is worth extracting, to show the

1

stamp with high value,are referred to with a parent's fondness ; but we hope the gentleman will favour the publick with another volume of them and will also continue the publication of these Reports at Nisi Prius on the same principles, which he has followed in the work before us. Such unusual diligence must be successful; and to every American lawyer, desirous of possessing the Reports of Espinasse, we earnestly recommend this edition of Mr Day.

:

The mechanical part of the book deserves praise the paper is better than our American press often employs; the proof sheets have been revised with considerable care, so that the book is decently correct, more so than the London copy, which is certainly not to be said of one book in three from our printers; the binding is, the best we have seen. The price, though the work is one of the few American editions worth much more than the English, is three dollars less than the copies imported. This may appear a prop er place for censure on some of our Philadelphia and New York publishers, who charge enormous prices on their editions of English books. We may specify Bosanquet and Puller's Reports, as uncommonly dear, and of very villanous execution.

ART. 36.

Marmion, a Tale of Flodden Field, By Walter Scott, Esq. Boston. Farrand, Mallory & Co. 2 vols. 12mo. 1808. .

THIS poem is, in many respects, superiour to the Lay of the Last Minstrel, yet it may safely be asserted, that no one has read it with the same pleasure. The descriptions in it are clearly more elaborate; the plot is more studied, and, in Vol. V. No. X. 3 V

fact, much better, though by no means, in itself free from exception: but it wants the air of originality, belonging to the first production; partly because it is posterior, and partly, perhaps, for the reason given by Dr. Johnson for the general superiority of the first poets: "the first writers took possession of the most striking objects for description, and left nothing to those, that followed them, but transcriptions of the same events, and new combinations of the same images."

Among those parts that have dis appointed the admirers of Scott, who open these volumes with enthusiastick curiosity, the most ap. parent are the introductory epistles at the beginning of each Canto. The short parenthetical notices of the Minstrel at the beginning and conclusion of the Cantos in the Lay, were universally admired. This Mr. Scott was no doubt apprised of, as he appears by the preface to this poem to be very ready in apprehending the civil things that have been said of him by the publick, and to be perfectly convinced of their just

ness.

Reasoning with great arithmetical exactness, he concludes, that, if one page of introduction gave pleasure, two pages would delight, four would ravish, and that by a dozen, his readers must be "lapt in Elysium." By an equally plausible process, though not extending cluded, that, if an ancient minstrel, so far above Number One, he conthe last surviving brother of the

bards of old, in the sadness of decrepitude and age, could touch the feelings by alluding to his desolation, and his lost child, what could be more natural than that a modern minstrel, piping on a winter's evening before a cheerful wood fire from Ettricke forest, in his own parlour, could interest the publick